R-03-01-09-9D1 - 1/9/2003RESOLUTION NO. R- 03- 01- 09 -9D1
WHEREAS, the City of Round Rock has a need for roof repair at the
Senior Citizen Center, and
WHEREAS, pursuant to Section 252.021(a) of the Local Government
Code, bids were not required since the cost will be less than $25,000,
and
WHEREAS, Oliver Roofing Systems has submitted a Contract for
Construction Services for Senior Citizen Center Roof to provide said
services, and
WHEREAS, the City Council wishes to enter into said contract with
Oliver Roofing Systems, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Contract for Construction Services for Senior
Citizen Center Roof with Oliver Roofing Systems, a copy of said
contract being attached hereto as Exhibit "A" and incorporated herein
for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
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A TEST:
RESOLVED this 9th day of January, 2003.
CHRISTINE R. MARTINEZ, City Secretar
2
A !MAXWELL, Mayor
City of Round Rock, Texas
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CITY OF ROUND ROCK CONTRACT FOR
CONSTRUCTION SERVICES FOR
SENIOR CITIZEN CENTER ROOF
WITNESSETH:
EXHIBIT
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THIS CONTRACT is made on this the day of the month of
2002, by and between THE CITY OF ROUND ROCK, TEXAS, a home -rule municipal corporation
of Williamson and Travis Counties, Texas, whose address is 221 East Main Street, Round Rock,
Texas, 78664 (hereinafter referred to as "City" and/or "Owner ") and OLIVER ROOFING
SYSTEMS, whose address is 825 Wagon Trail, Post Office Box 180191, Austin, Texas, 78718
(hereinafter referred to as "Oliver" and/or "Contractor")
That for and in consideration of the payments and agreements hereinafter mentioned, to be made
and performed by Owner, Contractor hereby agrees with Owner to commence and complete the
construction described as follows:
Tear -off of all existing layers of present EPDM roofing membrane, materials, and ballast
on the City of Round Rock's Senior Center Building, and replacement of all with a new
3 -ply modified bitumen roofing system installed in hot asphalt over a layer of %"
fiberboard insulation, together with all necessary flashing and counterflashing and other
similar components, hereinafter called the Project;
for a fixed sum not to exceed TWENTY -FOUR THOUSAND EIGHT HUNDRED SEVENTY
AND NO /100 DOLLARS ($24,870.00), together with all extra work in connection therewith,
under the terms as stated in the General and Supplemental Conditions of the Contract, the Terms
and Conditions of the Contract, and the Labor Standards Provisions of the Contract.
Contractor shall, at its own proper cost and expense, furnish all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance and other accessories and services
necessary to complete the said Project in accordance with the conditions and prices stated in the
Proposal, the General Conditions, and Supplemental General Conditions ofthe Contract, the plans
which include all maps, plats, blueprints, and other drawings and printed or written explanatory
matter thereof, the specifications and contract documents therefore as prepared by
Architect/Engineer or as furnished by City, and as enumerated in the Supplemental General
Conditions, all of which are made a part hereof and collectively evidence and constitute the
Contract.
Contractor hereby agrees to commence work under this Contract on or before a date to be
specified in a written "Notice to Proceed" of the Owner and to fully complete the project within
thirty (30) consecutive calendar days thereafter. Contractor further agrees to pay, as liquidated
damages, the sum of $ 500.00 for each consecutive calendar day thereafter as hereinafter provided
in Paragraph 19 of the General Conditions.
Owner agrees to pay Contractor in current funds for the performance of the Contract, subject
to additions and deductions, as provided in the General Conditions of the Contract, and to make
payments on account thereof as provided in Paragraph 25 of the General Conditions entitled
"Payments to Contractor."
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
counterparts, each of which shall be deemed an original, and have so executed in the year and on
the day first above mentioned.
OWNER:
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
ATTEST:
Christine R. Martinez, City Secretary
CONTRACTOR:
OLIVER ROOFING SYSTEMS
By:
Rick Brier, President
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GENERAL CONDITIONS OF THE CONTRACT
1. Contract and Contract Documents
The project to be constructed pursuant to this Contract will be financed with assistance from
the Texas CDBG Program and is subject to all applicable Federal and State laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall
be as binding upon the parties hereto as if they were herein fully set forth.
1. Contract and Contract Documents
2. Definitions
3. Additional Instructions and Drawings
4. Shop or Setting Drawings
5. Materials, Service and Facilities
6. Contractor's Title to Materials
7. Inspection/Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits and Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Work Property- Emergency
14. Inspection
15. Reports, Records and Data
16. Superintendence by Contractor
17. Changes in Work
18. Extras
19. Time for Completion and Liquidated Damages
20. Correction of Work
21. Subsurface Conditions- Different
22. Claims for Extra Cost
23. Owner Termination of Contract
24. Construction Schedule/Periodic Estimates
25. Payments to Contractor
26. Final Payment as Release
27. Payments by Contractor
28. Insurance
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32. Mutual Responsibility of Contractors
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33. Separate Contractors
34. Subcontracting
35. Architect/Engineer's Authority
36. Stated Allowances
37. Removal of Debris
38. Detail Estimates
39. Right of Way
40. General Guaranty
41. Conflicting Conditions
42. Notice and Service
43. Provisions Deemed Inserted
44. Life/Health Protection
45. Subcontracts
46. Interest/Members of Congress
47. Other Prohibited Interests
48. Use Prior to Acceptance
49. Photographs
50. Suspension of Work
51. Minimum Wages
52. Underpayment of Wages
53. Fringe Benefits
54. Overtime Compensation
55. Apprentices
56. HUD Section 3
57. Employment Prohibited
58. Anti- Kickback Act
59. Classifications Not Listed
60. Benefits Not Expressed
61. Posting of Wage Rates
62. Complaints or Testimony
63. Claims and Disputes
64. Questions Re: Regulations
65. Payrolls and Records
66. Specific Coverage
67. Ineligible Subcontractors
68. Provisions to be Included
69. Breach of Labor Standards
70. Employment Practices
71. Contract Termination; Debarment
2. Definitions
The following terms as used in this Contract are respectively defined as follows:
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(a) Contractor: A person, firm or corporation who makes the contract with the Owner, i.e.,
the Local Public Agency.
(b) Subcontractor: A person, firm or corporation supplying labor and materials or only labor
for work at the site of the Project, for and under separate contract or agreement with the
Contractor.
(c) Work on (at) the Project: Work to be performed at the location of the Project, including
the transportation of materials and/or supplies to or from the location of the Project by employees
of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary to
carry out the work included in the Contract. The additional drawings and instructions thus
supplied to the Contractor will coordinate with the Contract Documents and will be so prepared
that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in
accordance with the additional detail drawings and instructions. The Contractor and the
Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail
drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in
accordance with said schedule, and (b) a schedule fixing the respective dates for the submission
of shop drawings, the beginning of manufacture, testing and installation ofmateri als, supplies and
equipment, and the completion of the various parts of the work; each such schedule to be subject
to change from time to time in accordance with the progress of the work.
4. Shop Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two (2) copies of each shop
or setting drawing prepared in accordance with the schedule predetermined aforesaid. After
examination of such drawings by the Architect/Engineer and their return, the Contractor shall
make such corrections to the drawings as have been indicated and shall furnish the
Architect/Engineer with two (2) corrected copies. If requested by the Architect/Engineer, the
Contractor must furnish additional copies.
Regardless of corrections made in or approval given to such drawings by the
Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such
drawings and for their conformity to the Plans and Specifications, unless it/he /she notifies the
Architect/Engineer in writing of any deviations at the time it/he/sshe furnishes such drawings.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract
Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water,
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light, power, transportation, superintendence, and temporary construction of every nature
whatsoever necessary to execute, complete, and deliver the work within the specified time.
(b) Any work necessary to be performed after regular hours, on Sundays or legal
holidays, shall be performed without additional expenses to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any
Subcontractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants that it/he/she has
good title to all materials and supplies used by it/him/her in the work, free from all liens, claims,
or encumbrances.
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the Project shall be subject
to adequate inspection and testing in accordance with accepted standards. The laboratory or
inspection agency shall be selected by the Owner. The Owner will pay for all laboratory
inspection service direct, and not as part of the Contract.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish conformance
with specifications and suitability for uses intended.
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers,
or the like, it is intended merely to establish a standard; and any material, article, or equipment
of other manufacturers and vendors which will perform adequately the duties imposed by the
general design will be considered equally acceptable provided the material, article, or equipment
so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall
not be purchased or installed by the Contractor without the Architect/Engineer's written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses for, or on
account of, any patented or unpatented invention, process, article, or appliance manufactured or
used in the performance of the contract, including its use by the Owner, unless otherwise
specifically stipulated in the Contract Documents.
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(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which
is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent,
or his authorized licensee, direct by the Owner and not by or through the Contractor.
(c) If the Contractor uses any design, device or materials covered by letters, patent or
copyright, it/he/she shall provide for such use by suitable agreement with the Owner of such
patented or copyrighted design, device or material. It is mutually agreed and understood, that,
without exception, the contract prices shall include all royalties or costs arising from the use of
such design, device or materials in any way involved in the work. The Contractor and /or
its/his/her Sureties shall indemnify and save harmless the Owner of the Project from any and all
claims for infringement by reason of the use of such patented or copyrighted design, device or
materials or any trademark or copyright in connections with work agreed to be performed under
this Contract, and shall indemnify the Owner for any cost, expense or damage which it may be
obligated to pay by reason of such infringement at any time during the prosecution of the work
or after completion of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to
the Contractor all surveys necessary for the execution of the work. The Contractor shall procure
and pay all permits, licenses and approvals necessary for the execution of the Contract.
The Contractor shall comply with all laws, ordinances, rules, and regulations relating to
performance of the work, the protection of adjacent property, and the maintenance of
passageways, guard fences or other protective facilities.
11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and perform all work and
furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required
by this Contract, within the time herein specified, in accordance with the provisions of this
Contract and said specifications and in accordance with the plans and drawings covered by this
Contract any and all supplemental plans and drawings, and in accordance with the directions of
the Architect/Engineer as given from time to time during the progress of the work. It/He /She shall
fumish, erect, maintain, and remove such construction plant and such temporary works as may
be required.
The Contractor shall observe, comply with, and be subject to all terms, conditions,
requirements, and limitations of the contract and specifications, and shall do, carry on, and
complete the entire work to the satisfaction of the Architect/Engineer and the Owner.
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12. Weather Conditions
In the event of temporary suspension of work, or during inclement weather, or whenever
the Architect/Engineer shall direct, the Contractor will cause itself/himself/herself and all
Subcontractors to protect carefully all work and materials against damage or injury from the
weather. If, in the opinion of the Architect/Engineer, any work or material shall have been
damaged or injured by reason of failure on the part of the Contractor or any Subcontractors so to
protect the work, such materials shall be removed and replaced at the expense of the Contractor.
13. Protection of Work Property - Emergency
The Contractor shall at all times safely guard the Owner's property from injury or loss in
connection with this Contract. It/He /She shall at all times safely guard and protect its/his/her own
work, and that of adjacent property, from damage. The Contractor shall replace or make good any
such damage, loss or injury unless such be caused directly by errors contained in the Contract or
by the Owner, or his duly authorized representatives.
In case of an emergency which threatens Loss or injury of property, and/or safety or life,
the Contractor will be allowed to act, without previous instructions from the Architect/Engineer,
in a diligent manner. It/He/She shall notify the Architect/Engineer immediately thereafter. Any
claim for compensation by the Contractor due to such extra work shall be promptly submitted to
the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified Architect/Engineer of an
emergency threatening injury to persons or damage to the work of any adjoining property,
it/he /she shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any emergency
action shall be determined in the manner provided in Paragraph 17 of the General Conditions.
14. Inspection
The authorized representatives and agents of state and federal agencies having authority
and jurisdiction over this Project shall be permitted to inspect all work, materials, payrolls,
records of personnel, invoices of materials, and other relevant data and records.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedule, payrolls, reports, estimates, records, and other data as the Owner may request
concerning work performed or to be performed under this Contract.
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16. Superintendence by Contractor
At the site of the work the Contractor shall employ a construction superintendent or
foreman who shall have full authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Architect/Engineer and shall be one who can be
continued in that capacity for the particular job involved unless he /she ceases to be on the
Contractor's payroll.
17. Changes In Work
No changes in the work covered by the approved Contractor Documents shall be made
without having prior written approval of the Owner. Charges or credits for the work covered by
the approved change shall be determined by one or more of the following methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
(1) Labor, including foreman;
(2) Materials entering permanently into the work;
To the cost under (c) there shall be added a fixed fee to be agreed upon but which shall not
exceed fifteen percent (15 %) of the actual cost of the work. The fee shall be compensation to
cover the costs of supervision, overhead, bond, profit and any other general expenses.
18. Extras
(3) The ownership or rental cost of construction plant and equipment during the
time of use on the extra work;
(4) Power and consumable supplies for the operation of power equipment;
(5) Insurance;
(6) Social Security and old age and unemployment contributions.
Without invalidating the Contract, the Owner may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and
the consent of the Surety being first obtained where necessary or desirable. All the work of the
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kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra
work or materials shall be allowed unless the work is ordered in writing by the Owner or its
Architect/Engineer, acting officially for the Owner, and the price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between the Contractor and the Owner,
that the date of beginning and the time for completion as specified m the Contract of the work to
be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually
understood and agreed that the work embraced in this Contract shall be commenced on a date to
be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and
uninterruptedly at such rate of progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed, by and between the Contractor and the Owner,
that the time for the completion of the work described herein is a reasonable time for the
completion of the same, taking into consideration the average climatic range and usual industrial
conditions prevailing in this locality.
If the Contractor shall neglect, fail or refuse to complete the work within the time herein
specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby
agree, as part consideration for the awarding of this Contract, to pay the Owner the amount
specified in the Contract, not as a penalty but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would in such event sustain, and said amount is agreed to be the amount of
damages which the Owner would sustain and said amount shall be retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and
of the specifications therein, and definite and certain length of time is fixed for the performance
of any act whatsoever, and where under the Contract an additional time is allowed for the
completion of any work, the new time limit fixed by such extension shall be of the essence of this
Contract; PROVIDED, however, that the Contractor shall not be charged with liquidated damages
or any excess cost when the Owner determines that the Contractor is without fault and the
Contractor's reasons for the time extension are acceptable to the Owner; and PROVIDED
FURTHER, however, that the Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the local public authority;
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(b) To any unforeseen cause beyond the control and without the fault or negligence of the
Contractor, including but not restricted to, acts of God or the public enemy, acts of the Owner,
acts of another Contractor in the performance of a contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
PROVIDED FURTHER, however, that the Contractor shall, within ten (10) days from the
beginning of such delay (unless the Owner shall grant a further period of time prior to the date of
final settlement of the Contract), notify the Owner in writing of the cause of the delay, and the
Owner shall ascertain the facts and extent of the delay and shall notify the Contractor within a
reasonable time of its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all processes of manufacture,
and all methods of construction shall be at all times and places subject to the inspection of the
Architect/Engineer who shall be the final judge of the quality and suitability of the work,
materials, processes of manufacture, and methods of construction for the purposes for which they
are used. Should they fail to meet its /his/her approval, they shall be forthwith reconstructed, made
good, replaced and/or corrected as the case may be, by the Contractor at its/his/her own expense.
Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/
Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or
correct any portion of the work injured or not performed in accordance with the Contract
Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such
amount as in the judgement of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter subsurface and /or latent conditions at the site materially
differing from those shown on the Plans or indicated in the Specifications, it/he/she shall
immediately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if it/he /she finds
that they materially differ from those shown on the Plans or indicated in the Specifications,
it/he /she will at once make such changes in the Plans and /or Specifications as may be necessary,
any increase or decrease of cost resulting from such changes to be adjusted in the manner
provided in Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or costs shall be allowed unless the same was done in pursuance of
a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim
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presented with the first estimate after the changed or extra work is done. When work is performed
under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish
satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the
Owner, give access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this Contract are violated by the Contractor, or by
any Subcontractors, the Owner may serve written notice upon the Contractor and the Surety of
its intention to terminate the Contract, such notices to contain the reason for such intention to
terminate the Contract, and unless within (10) days after the serving of such notice upon the
Contractor, such violation or delay shall cease and satisfactory arrangement and/or correction be
made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the
event of any such termination, the Owner shall immediately serve notice thereof upon the Surety
and the Contractor and the Surety shall have the right to take over and perform the Contract;
provided, however, that if the Surety does not commence performance thereof within ten (10)
days from the date of the mailing to such Surety, then Contractor and its/his/her Surety shall be
liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the
Owner may take possession of and utilize in completing the work, such material, appliances, and
plans as may be on the site of the work and necessary therefore.
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the Contract, and before the first partial payment
is made, the Contractor shall deliver to the Owner an estimated construction progress schedule
in form satisfactory to the Owner, showing the proposed dates of commencement and completion
of each of the various subdivisions of work required under the Contract Documents and the
anticipated amount of each monthly payment that will become due the Contractor in accordance
with the progress schedule. The Contractor shall also furnish on forms to be supplied by the
Owner: (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic
itemized estimates of work done for the purpose of making partial payments thereon. The costs
employed in making up any of these schedules will be used only for determining the basis of
partial payments and will not be considered as fixing a basis for additions to or deductions from
the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of the work
performed during the preceding calendar month under this Contract, but to insure the proper
performance of this Contract the Owner may retain five percent (5 %) of the amount of each
estimate until final completion and acceptance of all work covered by this Contract; PROVIDED,
however, that the Contractor shall submit his estimate not later than the first day of the month;
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PROVIDED FURTHER, however, that the Owner at any time after fifty percent (50 %)
of work has been completed, if it finds that satisfactory progress is being made, may make any
of the remaining progress payments in full; PROVIDED FURTHER, however that on completion
and acceptance of each separate building, public work, or other division of the Contract, on which
the price is stated separately in the Contract, payment may be made in full, including retained
percentages thereon, less authorized deductions.
(b) In preparing estimates the material delivered on the site preparatory to work done may
be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relieving the Contractor
from representations which have been made or the restoration of any damaged work, or as a
waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract.
(d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF: The Contractor agrees that it/he /she will indemnify and save the
Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers,
workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment,
power tools, and all supplies, including commissary, incurred in the furtherance of the
performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, discharged, or
waived. If the Contractor fails so to do, then the Owner may, after having served written notice
on the said Contractor, either pay unpaid bills, of which the Owner has written notice, or direct
or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all lawful claims until satisfactory evidence is famished that all liabilities
have been fully discharged hereupon payment to the Contractor shall be resumed, in accordance
with the terms of this Contract, but in no event shall the provisions of this sentence be constructed
to impose any obligations upon the Owner to either the Contractor or its/his/her Surety. In paying
any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and
any payment so made by the Owner shall be considered as a payment made under the Contract
by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such
payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
Acceptance by the Contractor of final payment shall operate as and be a release to the
Owner of all claims and liability to the Contractor for all things done or furnished in connection
with this work and for every act and neglect of the Owner and others relating to or arising
therefrom. No payment, final or otherwise, shall operate to release the Contractor or its /his/her
sureties from any obligations under this Contract or the Performance and Payment Bond.
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27. Payments by Contractors
The Contractor shall pay (a) for all transportation and utility services not later than the 20th
day of the calendar month following that in which such materials, tools, and equipment are
delivered at the site of the Project, and (b) the balance of the cost thereof not later than the 30th
day following the completion of that part of the work in or on which such materials, tools, and
equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 6th
day following each payment to the Contractor, the respective amounts allowed the Contractor on
account of the work performed by its/his/her subcontractors to the extent to each subcontractor's
interest therein.
28. Insurance
The Contractor shall not commence work under this Contract until it/he /she has obtained all
the insurance required under this paragraph and such insurance has been approved by the Owner,
nor shall the Contractor allow any subcontractor to commence work on a subcontract until the
insurance required of the subcontractor has been so obtained and approved.
(a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain
during the life of this Contract Workers' Compensation Insurance as required by applicable State
law for all employees to be engaged in work at the site of the Project under this Contract and, in
case of any such work sublet, the Contractor shall require the Subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees to be engaged in such work
unless such employees are covered by the protection afforded by the Contractor's Workers'
Compensation Insurance. In case any class of employees engaged in hazardous work on the
Project under this Contract is not protected under the Workers' Compensation Statute, the
Contractor shall provide and shall cause each Subcontractor to provide adequate employer's
liability insurance for the protection of such employees as are not otherwise protected.
(b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and
shall maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's
Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the
Supplemental General Conditions.
(c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require
each of its/his/her Subcontractors to procure and maintain during the life of the subcontract,
Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance
of the type and in the amounts specified in the Supplemental General Conditions specified in
subparagraph (b) hereof; or (2) insure the activities of its/his/her policy specified in subparagraph
(b) hereof.
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(d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required
under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and
Subcontractors, respectively, against damage claims which may arise from operations under this
Contract, whether such operations be by the insured or by anyone directly or indirectly employed
by it/him/her, and also against any of the special hazards which may be encountered in the
performance of this Contract as enumerated in the Supplemental General Conditions.
(e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the
Project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option
as indicated in the Supplemental General Conditions, Form HUD - 4238 -N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) on a one hundred percent (100 %)
completed value basis on the insurable portion of the Project for the benefit of the Owner, the
Contractor, and Subcontractors, as their interests may appear. The Contractor shall not include
any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction
unless the Contractor is required to provide such insurance; however, this provision shall not
release the Contractor from its/his/her obligation to complete, according to plans and
specifications, the Project covered by the Contract, and the Contractor and its/his/her Surety shall
be obligated to full performance of the Contractor's undertaking.
(f) PROOF OF INSURANCE: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates and date of expiration of
policies. Such certificates shall also contain substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered, except after ten (10) days'
written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred
percent (100 %) of the Contract price as security for the faithful performance of this Contract and
also a payment bond in an amount not less than one hundred percent (100 %) of the Contract price
or in a penal sum not less than that prescribed by State, territorial or local law, as security for the
payment of all persons performing labor on the project under this Contract and furnishing
materials in connection with this Contract. The performance bond and the payment bond may be
in one or in a separate instrument in accordance with local law.
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety
or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5)
days after notice from the Owner so to do, substitute an acceptable bond or bonds in a form and
sum and signed by other surety or sureties as are satisfactory to the Owner. The premiums on such
bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made
until the new surety or sureties shall have furnished such an acceptable bond to the Owner.
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31. Assignments
The Contractor shall not assign the whole or any part of this Contract or any monies due or
to become due hereunder without express written consent of the Owner. In case the Contractor
assigns all or any part of any monies due or to become due under this Contract, the instrument of
assignment shall contain a clause substantially to the effect that it is agreed that the right of the
assignee in and to any monies due or to become due to the Contractor shall be subject to prior
claims of all persons, firms, and corporations of services rendered or materials supplied for the
performance of the work called for in this Contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any
Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such
other Contractors or Subcontractors by agreement or arbitration if such other Contractor or
Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim
against the Owner on account of any damage alleged to have been sustained, the Owner shall
notify the Contractor, who shall indemnity and save harmless the Owner against any such claim.
33. Separate Contract
The Contractor shall coordinate its/his/her operations with those of other Contractors.
Cooperation will be required in the arrangement for the storage of materials and in the detailed
execution of the work. The Contractor, including Subcontractors, shall keep informed of the
progress and detail work of other Contractors and shall notify the Architect/Engineerimmediately
of lack of progress or defective workmanship on the part of other Contractors. Failure of a
Contractor to keep informed of the work progressing on the site and failure to give notice of lack
of progress or defective workmanship by others shall be construed as acceptance by it/him/her of
the status of the work as being satisfactory for proper coordination with its/his/her own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty Subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty Subcontractors.
(b) The Contractor shall not award any work to any Subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits to the
Owner a written statement concerning the proposed award to the Subcontractor, which statement
shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of its/his/her Subcontractors, and of persons either directly or indirectly employed by them, as
it/he/she is for the acts and omissions of persons employed by itself/himself/herself.
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(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to bind Subcontractors to the Contract by the terms of the General Conditions
and other Contract Documents insofar as applicable to the work of Subcontractors and to give the
Contractor the same power as regards terminating any subcontract that the Owner may exercise
over the Contractor under any provision of the Contract Documents.
(e) Nothing contained in this Contract shall create any contractual relation between any
Subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this
Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall
determine the amount, quality, acceptability, and fitness of the several kinds of work and materials
which are to be paid for under this Contract and shall decide all questions which may arise in
relation to said work and the construction thereof. The Architect/Engineer's estimates and
decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any
question shall arise between the parties hereto relative to said Contract or specifications, the
determination or decisions of the Architect/Engineer shall be a condition precedent to the right
of the Contractor to receive any money or payment for work under this Contract affected in any
manner to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the
specifications and of any plans or drawings where the same may be found obscure or be in
dispute. Any differences or conflicts in regard to their work which may arise between the
Contractor under this Contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
36. Stated Allowances
The Contractor shall include in its/his/her proposal the cash allowances stated in the
Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as
directed by the Owner on the basis of competitive bids. If the actual price for purchasing the
"Allowed Materials" is more or less than the "Cash Allowance," the Contract price shall be
adjusted accordingly. The adjustment in Contract price shall be made on the basis of the purchase
price without additional charges for overhead, profit, insurance or any other incidental expenses.
The cost of installation of the "Allowed Materials" shall be included in the applicable sections
of the Contract Specifications covering this work.
37. Use of Premises and Removal of Debris
The Contractor expressly undertakes at its/his/her own expense:
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(a) to take every precaution against injuries to persons or damage to property;
(b) to store apparatus, materials, supplies and equipment in such orderly fashion at the site
of the work as will not unduly interfere with the progress of the work or the work of any other
Contractors;
(c) to place upon the work or any part thereof only such loads as are consistent with the safety
of that portion of the work;
(d) to cleanup frequently all refuse, rubbish, scrap materials, and debris caused by operations,
to the end that at all times the site of the work shall present a neat, orderly and workmanlike
appearance;
(e) before final payment to remove all surplus material, false -work, temporary structures,
including foundations thereof, plants of any description and debris of every nature resulting from
operations, and to put the site in a neat and orderly condition;
(f) to effect all cutting, fitting or patching of work required to make the same conform to the
plans and specifications and, except with the consent of the Architect/Engineer, not cut or
otherwise alter the work of any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities or work to be done and materials to be furnished under this
Contract are shown in any of the documents including the proposal, they are given for use in
comparing bids and the right is especially reserved except as herein otherwise specifically limited,
to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner
to complete the work contemplated by this Contract, and such increase or diminution shall in no
way vitiate this Contract, nor shall any such increase or diminution give cause for claims or
liability for damages.
39. Lands and Right -of -Way
Prior to the start of construction, the Owner shall obtain lands and rights -of -way necessary
for the carrying out and completion of work to be performed under this contract.
40. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor
partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work
not done in accordance with the Contract Documents or relieve the Contractor of liability in
respect to any express warranties or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects in the work and pay for any damage to other work resulting
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therefrom, which shall appear within a period of one (I) year from the date of final acceptance
of work unless a longer period is specified. The Owner will give notice of unserved defects with
reasonable promptness.
41. Conflicting Conditions
Any provisions of the Contract Documents which may be in conflict or inconsistent with any
of the paragraphs in these General Conditions shall be void to the extent of such conflict or
inconsistency.
42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this Contract shall be in
writing and considered delivered and the service thereof completed when said notice is mailed,
by certified or registered mail, to said Contractor at the last given address, or delivered in person
to the said Contractor or authorized representative on the work.
43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
shall be deemed to be inserted herein and the Contract shall be read and enforced as though it
were included herein, and if through mistake or otherwise any provision is not inserted, or is not
correctly inserted, then upon the application of either party the Contract shall forthwith be
physically amended to make such insertion or correction.
44. Protection of Lives and Health
The Contractor shall exercise proper precaution at all times for the protection of persons and
property and shall be responsible for all damages to persons or property, either on or off the site,
which occur as a result of its/his/her prosecution of the work. The safety provisions of applicable
laws and building and construction codes, in addition to specific safety and health regulations
described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety
and Health Regulations for Construction, as outlined in the Federal Register, Volume No. 75,
Saturday, April 17, 1971, Title 29 - LABOR, shall be observed and the Contractor shall take or
cause to be taken such additional safety and health measures as the Contracting Authority may
determine to be reasonably necessary.
45. Subcontracts
The Contractor will insert in any subcontract the Federal Labor Standards Provisions
contained herein and such other clauses as the Department of Housing and Urban Development
or applicable Texas agency may by instructions require, and also a clause requiring the
Subcontractors to include these clauses in any lower tier subcontracts which they may enter into,
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together with a clause requiring this insertion in any further subcontracts that may in turn be
made.
46. Interest of Members of or Delegates to Congress
No members of or delegates to Congress shall be admitted to any share or part of this
Contract or to any benefit that may arise therefrom, but this provision shall not be construed to
extend to this Contract if made with a corporation for its general benefit.
47. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving
any architectural, engineering, inspection, construction or material supply contract or any
subcontract in connection with the construction of the Project, shall become directly or indirectly
interested personally in this Contract or in any part hereof. No officer, employee, architect,
attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on
behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions
in connection with the construction of the Project, shall become directly or indirectly interested
personally in this Contract or in any part thereof, any material supply contract, subcontract,
insurance contract, or any other contract pertaining to the Project.
48. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the Project before
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such
list items or other contract requirements;
(b) Secures endorsement from the insurance - carrier and consent of the surety permitting
occupancy of the building or use of the Project during the remaining period of construction; or
(c) When the notice consists of more than one building, and one of the buildings is occupied,
secures permanent firm and extended coverage insurance, including a permit to complete
construction. Consent of the Surety must also be obtained.
(I) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, creed, color, or national origin. Such action shall include but not be limited
to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
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advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, or national origin.
49. Photographs of the Project
The Contractor shall furnish photographs of the project before, during, and after construction
in the quantities and as described in the Supplemental General Conditions.
50. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work before or after start
of construction by reason of any litigation or other reason beyond the control of the Owner, the
Contractor shall not be entitled to make or assert claims for damage by reason of said delay; but
time for completion of the work will be extended to such delay with such time as the Owner may
determine, in writing, will compensate for time lost by such delay.
51. Minimum Wage Rate for Laborers and Mechanics
All laborers and mechanics employed upon the work covered by this Contract shall be paid
unconditionally and not less often than once each week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regulations issued by the Secretary of
Labor, United States Department of Labor, pursuant to the Anti - Kickback Act hereinafter
identified), the full amount due at time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary of Labor, regardless of any
contractual relationship which may be alleged to exist between the Contractor or any
Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the employer provides or
secures satisfactory facilities approved by the Local Public Agency for the cashing of the same
without cost of expense to the employee. For the purpose of this clause, contributions made or
costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers
or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions
of Section 5.5(a)(I )(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this
clause, regular contributions made or costs incurred for more than a weekly period under plans,
funds, or programs, but covering the particular weekly period, are deemed to be constructively
made or incurred during such weekly period.
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52. Underpayment of Wages or Salaries
In case of underpayment of wages by the Contractor or by any Subcontractor to laborers or
mechanics employed by the Contractor or Subcontractor upon the work covered by this Contract,
the Local Public Agency, in addition to such other rights as may be afforded it under this
Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much
thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the
full amount of ages required by this Contract. The amount so withheld may be disbursed by the
Local Public Agency for and on account of the Contractor or the Subcontractor (as may be
appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf
to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage
determination.
53. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or other third person, it/he /she may
consider as part of the wages of a laborer or mechanic the amount of any costs reasonably
anticipated in providing fringe benefits under a plan or program of a type expressly listed in the
wage determination decision ofthe Secretary of Labor; provided, however, the Secretary of Labor
has found, upon the written request of the Contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a
separate account assets for the meeting of obligations under the plan or program. A copy of any
findings made by the Secretary of Labor in respect to fringe benefits being provided by the
Contractor must be submitted to the Local Public Agency with the first payroll filed by the
Contractor subsequent to receipt of the findings.
54. Overtime Compensation Required by Contract Work Hours and Safety Standards
Act (76 Stat. 357 -360: Title 40 U.S.C., Sections 327 -332)
(a) OVERTIME REQUIREMENTS. No Contractor or Subcontractor contracting for any
part ofthe Contract work which may require or involve the employment of laborers or mechanics,
including watchmen and guards, shall require or permit any laborer or mechanic in any workweek
in which he/she is employed on such or to work in excess of forty (40) hours in such workweek
unless such laborer or mechanic received compensation at a rate not less than one and one -half
times his/her basic rate of pay for all hours worked in excess of forty (40) hours in such work
week, as the case may be.
(b) VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. In the
event of any violation of the clause set forth in paragraph (a), the Contractor and any
Subcontractor responsible therefor shall be liable to any affected employee for his/her unpaid
wages. In addition, such Contractor and Subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of
22
$10 for each calendar day on which such employee was required or permitted to work in excess
of the standard workweek of forty (40) hours without payment of the overtime wages required by
the clause set forth in paragraph (a).
(c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall
withhold or cause to be withheld, from any monies payable on account of work performed by the
Contractor or Subcontractor, such sums as may administratively be determined to be necessary
to satisfy any liabilities of such Contractor or Subcontractor for liquidated damages as provided
in the clause set forth in paragraph (b).
(d) SUBCONTRACTS. The Contractor shall insert in any subcontract the clauses set forth
in paragraphs (a), (b), and (c) of this section and also a clause requiring the Subcontractors to
include these clauses in any lower tier subcontracts which they may enter into, together with a
clause requiring this insertion in any further subcontracts that may in turn be made.
55. Employment or Apprentices/Trainees
(a) APPRENTICES will be permitted to work at less than the predetermined rate for the
work they performed when they are employed and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Manpower Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his first ninety (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 Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not
be greater than the ratio permitted to the Contractor as to its/his/her entire work force under the
registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a
trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise
employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for
the classification of work he/she actually performed. The Contractor or Subcontractor will be
required to furnish to the contracting officer or a representative of the Wage -Hour Division of the
U.S. Department of Labor written evidence of the registration of its/his/her program and
apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the
joumeyman hourly rates), for the area of construction prior to using any apprentices on the
Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage
of the journeyman's rate contained in the applicable wage determination.
(b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individuallyregistered in a program which has received prior approval, evidenced
by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of
Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted
23
under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved program for his/her level of progress. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage
rate determined by the Secretary of Labor for the classification ofwork he/she actually performed.
The Contractor or Subcontractor will be required to furnish the contracting officer or a
representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of
the certification of its/his/her program, the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau of Apprenticeship and Training
withdraws approval of a training program, the Contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees
and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
56. Section 3
(a) The work to be performed under this Contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall,
to the greatest extent feasible, be directed to low- and very low- income persons, particularly
persons who are recipients of HUD assistance for housing.
(b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract, the parties to
this Contract certify that they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
(c) The Contractor agrees to send to each labor organization or representative of workers
with which the Contractor has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the persons taking applications for each of
the positions; and the anticipated date the work shall begin.
(d) The Contractor agrees to include this Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
24
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding
that the Subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will
not subcontract with any Subcontractor where the Contractor has notice or knowledge that the
Subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the Contract is executed,
and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent the Contractor's
obligations under 24 CFR Part 135.
(f) Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions,
termination for default, and debarment or suspension from future HUD - assisted contracts.
(g) With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self- Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations, and Indian-owned Economic Enterprises. Parties to this Contract
that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to
the maximum extent feasible, but not in derogation of compliance with section 7(b).
57. Employment of Certain Persons Prohibited
No person under the age of sixteen (16) and no person who, at the time, is serving sentence
in a penal or correctional institution shall be employed on the work covered in this Contract.
58. Regulations Pursuant to So Called "Anti Kickback Act"
The Contractor shall comply with the applicable regulations of the Secretary of Labor, United
States Department of Labor, made pursuant to the so- called "Anti- Kickback Act" of June 13,
1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c),
and any amendments or modifications thereof, shall cause appropriate provisions to be inserted
in subcontracts to insure compliance therewith by all Subcontractors, and shall be responsible for
submission of affidavits required by the Subcontractors, except as the Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances, and exemptions from the
requirements thereof.
59. Employment of Laborers or Mechanics Not Listed In Aforesaid Wage
Determination Decision
Any class of laborers or mechanics which is not listed in the wage determination and which
is to be employed under the Contract will be classified or reclassified conformably to the wage
25
determination by the Local Public Agency and a report of the action taken shall be submitted by
the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor,
United States Department of Labor. In the event the interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers and mechanics to be used, the
question accompanied by the recommendation of the Local Public Agency shall be referred
through the State Department of Local Affairs to the Secretary of Labor for final determination.
60. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency shall require, whenever the minimum wage rate prescribed in the
Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as
an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit,
an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree
upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency, shell be referred to the Secretary of Labor for determination.
61. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor, United States Department of Labor,
and applicable wage determination decisions of said Secretary of Labor with respect to the various
classifications of laborers and mechanics employed and to be employed on the work covered by
this Contract, and a statement showing all deductions, if any, in accordance with the provisions
of this Contract, to be made from wages actually earned by persons so employed or to be
employed under such classifications, shall be posted at appropriate conspicuous points at the site.
62. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this
Contract are applicable shall be discharged or in any other manner discriminated against by the
Contractor or any Subcontractor because such employee has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to his/her employer.
63. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics
employed upon the work covered by this Contract shall be promptly reported by the Contractor
in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United
States Department of Labor, whose decision shall be final with respect thereto.
64. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the application or interpretation of
(a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c)
26
the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other
pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary
of Labor, United States Department of Labor, for said Secretary's appropriate ruling or
interpretation which shall be authoritative and may be relied upon for the purposes of this
Contract.
65. Payrolls and Basic Payroll Records of Contractor and Subcontractors
The Contractor and each Subcontractor shall prepare its/his/herpayrolls on forms satisfactory
to and in accordance with instructions to be furnished by the Local Public Agency or Public Body.
The Contractor shall submit weekly to the Local Public Agency or Public Body two (2) certified
copies of all payrolls of the Contractor and of the Subcontractors, it being understood that the
Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors.
Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3
of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor
and each Subcontractor covering all laborers and mechanics employed upon the work covered by
this Contract shall be maintained during the course of the work and preserved for a period of three
(3) years thereafter. Such payrolls and basic payroll records shall contain the name and address
of each such employee, his/her correct classification, rate of pay (including rates of contributions
or costs anticipated, of the types described in Section 1 (b)(2) of the Davis -Bacon Act,) daily and
furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the
Local Public Agency or Public Body two (2) certified copies of all payrolls of the Contractor and
of the Subcontractors, it being understood that the Contractor shall be responsible for the
submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the
"Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal
Regulations. The payrolls and basic payroll records of the Contractor and each Subcontractor
covering all laborers and mechanics employed upon the work covered by this Contract shall be
maintained during the course of the work and preserved for a period of three (3) years thereafter.
Such payrolls and basic payroll records shall contain the name and address of each such
employee, his/her correct classification, rate of pay (including rates of contributions or costs
anticipated, of the types described in Section 1 (b)(2) of the Davis -Bacon Act,) daily and weekly
number of hours worked, deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated
in providing benefits under aplan or program described in Section 1 (b)(2)(B) of the Davis -Bacon
Act, the Contractor or Subcontractor shall maintain records which shows that the commitment
to provide such benefits is enforceable, that the plan of program is financially responsible, and
that the plan or program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual cost incurred in providing such
benefits. The Contractor and each Subcontractor shall make its/his/her employment records with
respect to persons employed by it/him/her upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and Urban Development,
The Texas Department of Local Affairs or appropriate agency, the Local Public Agency, and the
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United States Department of Labor. Such representatives shall be permitted to interview
employees of the Contractor or of any subcontractor during working hours on the job.
66. Specific Coverage of Certain Types of Work by Employees
Transporting of materials and supplies to or from the site of the Project or Program to which
this Contract pertains by the employees of the Contractor or any Subcontractor, and the
manufacturing or furnishing of materials, articles, supplies, or equipment on the site ofthe Project
to which this Contract pertains by persons employed by the Contractor or by any Subcontractor,
shall, for purposes of this Contract, without limiting the generality of the foregoing provisions
hereof, be deemed to be work to which these Federal Labor Standards Provisions are applicable.
67. Ineligible Subcontractors
The Contractor must certify that none ofthe subcontractors are ineligible or debarred through
HUD or the General Services Administration.
68. Provisions to be Included in Certain Subcontracts
The Contractor shall include or cause to be included in each subcontract covering any of the
work covered by this Contract, provisions which are consistent with these Federal Labor
Standards Provisions and also a clause requiring the Subcontractors to include such provisions
in any lower tier subcontracts which they may enter into, together with a clause requiring such
insertion in any further subcontracts that may in turn be made.
69. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract as herein elsewhere set forth, the
Local Public Agency reserves the right to terminate this Contract if the Contractor or any
Subcontractor whose subcontract covers any of the work covered by this Contract shall breach
any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards
Provisions may also be grounds for debarment as provided by the applicable regulations issued
by the Secretary of Labor, United States Department of Labor.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment
practices for work on the Project which will provide new job opportunities for the unemployed
and underemployed, and (2) shall insert or cause to be inserted the same provision in each
construction subcontract.
71. Contract Termination; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for
termination of the Contract, and for debarment as provided in 29 CFR 5.6.
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SUPPLEMENTAL CONDITIONS OF THE CONTRACT
1. Enumeration of Plans, Specifications, and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention
11. Wage Rate Determinations
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1. ENUMERATION OF PLANS, SPECIFICATIONS, AND ADDENDA
Following are the Plans, Specifications, and Addenda which form a part of this Contract, as
set forth in Paragraph I of the General Conditions, "Contract and Contract Documents:"
DRAWINGS:
General Construction:
Heating and Ventilation:
Plumbing:
Electrical:
Other:
SPECIFICATIONS:
General Construction: Page to inclusive
Heating and Ventilation: Page to inclusive
Plumbing: Page to inclusive
Electrical: Page to inclusive
Other: Page to inclusive
ADDENDA:
No. Date: No. Date:
No. Date: No. Date:
2. STATE ALLOWANCES:
Pursuant to Paragraph 36 of the General Conditions, the Contract shall include the following cash
allowances in the proposal.
(a) For (Page of Specifications) $
(b) For (Page of Specifications) $
(c) For (Page of Specifications) $
(d) For (Page of Specifications) $
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3. SPECIAL HAZARDS
The Contractor's and its/his/her Subcontractor's Public Liability and Property Damage Insurance
shall provide adequate protection against the following special hazards:
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE
AND PROPERTY DAMAGE INSURANCE
As required under Paragraph 28 of the General Conditions, the Contractor's Public Liability
Insurance and Vehicle Liability Insurance shall be in an amount not less than
$ for injuries, including accidental death, to any person, and subject to the
same limit for each person, in an amount not less than $ on account of one
accident, and Contractor's Property Damage Insurance in an amount not less than
The Contractor shall either (1) require each Subcontractor to procure and to maintain during
the life of the subcontract, Subcontractor's Public Liability and Property Damage Insurance of the
type and in the same amounts as specified in the preceding paragraph or (2) insure the activities
of the Subcontractors in its/his/her own policy.
5. PHOTOGRAPHS OF PROJECT
As provided in Paragraph 49 of the General Conditions, the Contractor will furnish
photographs in the number, type, and stage as enumerated below.
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM
HOURLY WAGE RATES AS REQUIRED UNDER PARAGRAPH 51 OF THE
GENERAL CONDITIONS
As given in the Contract.
7. BUILDER'S RISK INSURANCE
As provided in the General Conditions, Paragraph 28(e), the Contractor will maintain
Builder's Risk Insurance (Fire and Extended Coverage) on a one hundred percent (100 %)
completed value basis on the insurable portions of the Project for the benefit of the Owner, the
Contractor, and all Subcontractors, as their interests may appear.
8. SPECIAL EQUAL OPPORTUNITY PROVISIONS
The Equal Opportunity Language is contained within the Contract.
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9. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
Applicable only to Federally assisted construction contracts and related subcontracts
exceeding $100,000.
COMPLIANCE WITH AIR AND WATER ACTS: During the performance of this
Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean
Air Act, as amended, 42 USC 1857 et. seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 et. seq., and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR 15, as amended. In addition to the foregoing requirements, all non - exempt
contractors and subcontractors shall furnish to the Owner, the following:
(1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the
performance of any nonexempt contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the Contractor to comply with all the requirements of Section 114 of the
Clean Air Act, as amended, (42 USC I 857c -8) and Section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114 and Section 308, and
all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be
given of any notification received from the Director, Office of Federal Activities, EPA, indicating
that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the
EPA List of Violating Facilities.
(4) Agreement by the Contractor that it/he/she will include, or cause to be included, the
criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt
subcontract and requiring that the Contract will take such action as the Government may direct
as a means of enforcing such provisions.
10. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS
AND ACCIDENT PREVENTION.
(A) LEAD -BASED PAINT HAZARDS (Applicable to Contracts for construction or
rehabilitation of residential structures): The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regulations, 24 CFR 35. The Contractor and
Subcontractors shall comply with the provisions for elimination of lead -based paint hazards under
Subpart B of said regulations. The owner will be responsible for the inspections and certifications
required under Section 35.14(F) thereof.
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(B) USE OF EXPLOSIVES (Modify as Required): When the use of explosives is
necessary for the prosecution of the work, the Contractor shall observe all local, State and Federal
laws in purchasing and handling explosives. The Contractor shall take all necessary precaution
to protect completed work, neighboring property, water lines, or other underground structures.
Where there is danger to structures or property from blasting, the charges shall be reduced and
the material shall be covered with suitable timber, steel, or rope mats.
The Contractor shall notify all owners ofpublic utility property of intention to use explosives
at least eight (8) hours before blasting is done, closed to such property. Any supervision or
direction ofuse of explosives by the Engineer does not in any way reduce the responsibility of the
Contractor or its/his/her Surety for damages that may be caused by such use.
(C) DANGER SIGNALS AND SAFETY DEVICES (Modify as Required): The
Contractor shall make all necessary precaution to guard against damages to property and injury
to persons. It/He /She shall put up and maintain in good conditions, sufficient red or warning lights
at night, suitable barricades and other devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the Owner may have such lights and
barricades installed and charge the cost of this work to the Contractor. Such action by the Owner
does not relieve the Contractor of any liability incurred under these specifications or contract.
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TERMS AND CONDITIONS OF THE CONTRACT
1. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the
Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract,
or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract,
the Local Public Agency shall thereupon have the right to terminate this Contract by giving
written notice to the Contractor of such termination and specifying the effective date thereof, at
least five (5) days before the effective date of such termination. In such event, all records and data,
at the option of the Local Public Agency become its property.
Notwithstanding the above, the Contractor shall not be relieved ofliability to the Local Public
Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract
by the Contractor, and the Local Public Agency may withhold any payments to the Contractor
for the purpose of set -off until such time as the exact amount of damages due the Local Public
Agency from the Contractor is determined.
2. REPORTS AND INFORMATION. The Contractor, at such times and in such forms as
the Local Public Agency may require, shall famish the Local Public Agency such periodic reports
as it may request pertaining to the work or services undertaken pursuant hereto, the costs and
obligations incurred or to be incurred in connection therewith, and any other matters covered by
this Contract.
3. RECORDS AND AUDITS. The Contractor shall maintain accounts and records,
including personnel, property and financial records, adequate to identify and account for all costs
pertaining to the Contract and such other records as maybe deemed necessary by the Local Public
Agency to assure proper accounting for all project funds. These records will be made available
for audit purposes to the Local Public Agency or any authorized representative, and will be
retained for three (3) years after the expiration of this Contract unless permission to destroy them
is granted by the Local Public Agency.
4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract,
the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting forth
the provisions of this non - discrimination clause.
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b. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, or national origin.
c. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising said labor union or workers' representatives of the Contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The Contractor will comply with all provisions of Executive Order 11246 of
September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to such books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
f. In the event of the Contractor' s non - compliance with the non - discrimination clauses
of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order] 1246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
applicable law.
g. The Contractor will include the portion of the sentence immediately preceding
paragraph a. and the provisions of paragraphs a. through g. in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor will take such action with respect to
any subcontractor or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanction fornon- compliance: provided, however, that in the
event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the administering agency, the Contractor may request
the United States to enter into such litigation to protect the interests of the United States.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no
person shall, on the grounds of race, color, religion or religious affiliation or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
35
6. 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.
7. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING,
EMPLOYMENT AND BUSINESS OPPORTUNITIES.
The work to be performed under this contract is on a project assisted under a program
providing federal financial assistance from the Department of Housing and Urban Development
through the State of Texas and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, 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 concerns which are located in or owned in substantial part by persons residing in the
project area.
8. SECTION 504 OF THE REHABILITATION ACT OF 1973. The Contractor will
not discriminate against any employee or applicant for employment because ofphysical or mental
handicap in regard to any position for which the employee or applicant for employment is
qualified.
9. INTEREST OF MEMBERS OF A LOCAL PUBLIC AGENCY. No member of
the governing body of the Local Public Agency and no other officer, employee, or agent of the
Local Public Agency who exercises any functions or responsibilities in connection with the
planning and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and the Contractor shall take appropriate steps to assure compliance.
10. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the
governing body of the Local Public Agency and no other public official of such locality, who
exercises any functions or responsibilities in connection with the planning and carrying out of the
program, shall have any personal financial interest, direct or indirect, in this Contract; and the
Contractor shall take appropriate steps to assure compliance.
11. ARCHITECTURAL BARRIERS. All design specifications for the construction
ofanybuilding or residence shall provide access to the physicallyhandicapped in accordance with
the Architectural Barriers Act of 1968; the American With Disabilities Act of 1990 (28 CRF Part
36), and applicable Texas statutes.
12. THE GOVERNMENT -WIDE RESTRICTION ON LOBBYING prohibits
spending CDBG funds to influence or attempt to influence federal officials; requires the filing of
a disclosure form when non -CDBG funds are used for such purposes; requires certification of
36
compliance by the state to include the certification language in grant awards it makes to units of
general local government at all tiers and that all subrecipients shall certify accordingly as imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall
be subject to civil penalty of not less than $10,000 and not more than $100,000 for each failure.
37
LABOR STANDARDS PROVISIONS OF THE CONTRACT
Taken from: U.S. Department of Housing and Urban Development
HUD -4010 (2 -64)
APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains
is being assisted by the United States of America and the following Federal Labor Standards
Provisions are included in this Contract pursuant to the provisions applicable to such Federal
Assistance.
A. 1(i) Minimum Wages. All laborers and mechanics employed or working upon the site
of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949
in the construction or development of the project), will be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary or Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor, regardless of any contractual relationship which
may be alleged to exist between the Contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the
Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provision of 29 CFR 55(a)(1 )(iv); also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs, which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
more than one classification maybe compensated at the rate specified for each classification for
the time actually worked therein: Provided, that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)
and the Davis -Bacon poster (WH -1 321) shall be posted at all times by the Contractor and its
Subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
A.1(ii)(a) Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance
with the wage determination. U.S. Department of Labor shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
38
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bonafide fringe benefits bears a reasonable
relationship to the wage rates contained in the wage determination.
A.1(ii)(b) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or other representatives and the State of Texas agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the State of Texas to the Administrator
of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC. 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action with 30 days of receipt and so advise
the State of Texas or will notify the State of Texas within the 30 -day period that additional time
is necessary.
A.1(ii)(c) In the event the Contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the State of Texas do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the State of Texas shall refer the questions, including the views of all interested
parties and the recommendation of the State of Texas, to the Administrator for determination
within 30 days of receipt and so advise the State of Texas or will notify the State of Texas within
the 30 -day period that additional time is necessary.
A.1(ii)(d) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1 )(b) or (c) of this paragraph, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is performed in the
classification.
A.1(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
A.1(iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits if its under a plan or program,
provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the Contractor to set aside in a separate account assets for the meeting of obligations under
the plan or program.
A.2 Withholding. The State of Texas shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld from
the Contractor under this contract or to any other Federal contract with the same prime contractor,
or any other Federally- assisted contract subject to the Davis -Bacon prevailing wage requirements,
39
which is held by the same prime contractor so much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees and
helpers, employed by the Contractor or any Subcontractor the full amount of wages required by
the Contract. In the event of failure to a any laborer or mechanic, including any apprentice, trainee
or helper, employed or working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the project), all
or part of the wages required by the contract, the State of Texas, may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have
ceased. The State of Texas, may, after written notice to the Contractor, disburse such amounts
withheld for and on account of the contractor or subcontractor to the respective employees to
whom they are due. The Comptroller General shall make such disbursements in the case of direct
Davis -Bacon Act Contracts.
A.3(i) Payrolls and basic records. Payroll and basic records relating thereto shall be
maintained by the Contractor during the course of the work preserved for a period of three (3)
years thereafter for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project). Such records shall contain the name, address, and social security number of each
such worker, his/her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section 1 (b)(2)(b) of the Davis -Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(i)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in Section
I (b)(2)(b) of the Davis -Bacon Act, the Contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
A.3(ii)(a) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the State of Texas if the agency is a party to the contract, but
if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor,
or owner, as the case maybe, for transmission to the State of Texas. The payrolls submitted shall
set out accurately and completely all of the information required to be maintained under 29 CFR
Part 5.5(a)(3)(i). This information maybe submitted in any form desired. Optional Form WH -347
is available for this purpose and may be purchased from the Superintendent of Documents
(Federal Stock Number 029 - 005- 00014 -1), U.S. Government Printing Office, Washington, D.C.
20402. The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors.
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A.3(ii)(b) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or Subcontractor or its/his/her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee
employed on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly from the full wages earned other than permissible
deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.
A.3(ii)(c) The weekly submission ofa properly executed certification set forth on the reverse
side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A.3(ii)(b) of this section.
A.3(ii)(d) The falsification of any of the above certifications may subject the Contractor or
Subcontractor to civil or criminal prosecution under Section 1 001 of Title 18 and Section 231 of
Title 31 of the United States Code.
A.3(iii) The Contractor or Subcontractor shall make the records required under paragraph
A.3(i) of this section available for inspection, copying, or transcription by authorized
representatives of the State of Texas or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the Contractor or
Subcontractor fails to submit the required records or to make them available, the State of Texas
may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR Part 5.12.
A.4(i) Apprentices and Trainees. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and
individually registered in bona fide apprenticeship programs registered with the U.S. Department
of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or
with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his
or her first 90 days or 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 Training or a State Apprenticeship Agency (where appropriate) to
be eligible or probationary employment as an apprentice. The allowable rate of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted
to the Contractor as to the entire work force under the registered program. Any worker listed on
41
a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a
Contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determined that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
A.4(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeyman on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
A.4(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
42
A.5. Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
A.6. Subcontracts. The Contractor or Subcontractor will insert in any subcontracts the
clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the State of
Texas may by appropriate instructions require, and also a clause requiring the Subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in
29 CFR Part 5.5.
A.7. Contract Termination; Debarment. A breach of the contract clauses in 29 CFR 5.5 may
be grounds for termination of the contract, and for debarment as a Contractor and a Subcontractor
a provided in 29 CFR 5.12.
A.8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract.
A.9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth
in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between
the Contractor (or any of its Subcontractors) and HUD or its designee, the U.S. Department of
Labor, or the employees or their representatives.
A.10(i) Certification of Eligibility. By entering into this contract, the Contractor certifies
that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm
is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
A.10(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR Part
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
A.10(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal
Housing Administration transactions ", provides in part: "Whosoever, for the purpose of
influencing in any way the action of such Administration...makes, utters or publishes any
statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
A.11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to
whom the wage, salary, or other labor standards provisions of this contract are applicable shall
43
be discharged or in any other manner discriminated against by the Contractor or any
Subcontractor because such employee has filed any complaint or instituted or caused to be
instituted any proceeding or has testified or is about to testify in any proceeding under or relating
to the labor standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms
"laborers" and "mechanics" include watchmen and guards.
B.1. Overtime requirements. No Contractor or Subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one -half times the basic rate of pay for all
hours worked in excess of 40 hours in such workweek, whichever is greater.
B.2. Violation: Liability for unpaid wages; Liquidated damages. In the event of any violation
of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any Subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and
Subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in subparagraph (1)
of this paragraph, in the sum of $10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of 40 hours without payment of the
overtime wages required by the clause set forth in subparagraph (1) of this paragraph.
B.3. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Contractor or Subcontractor under any such contract or any other Federal contract with the same
prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
B.4. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the
clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety.
C.1 No laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to this health and safety as determined
44
45
under construction safety and health standards promulgated by the Secretary of Labor by
regulation.
C.2. The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition
of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54,
83 Stat 96).
C.3. The Contractor shall include the provisions of this Article in every subcontract so that
such provisions will be binding on each Subcontractor. The Secretary of Housing and Urban
Development, the Secretary of Labor, or the State of Texas shall direct as a means of enforcing
such provisions.
DATE: January 2, 2003
SUBJECT: City Council Meeting — January 9, 2003
ITEM: 9.D.1. Consider a resotation authorizing the Mayor to execute a Contract
for Construction Services for Senior Citizen Roof with Oliver
Roofing Systems for roof repair at the Senior Center.
Resource: Sharon Prete, Parks and Recreation Director
Rick Atkins, Assistant Parks and Recreation Director
History: The Senior Center roof has been an ongoing issue for several years.
The roof has been patched on more than one occasion. Due to
continuing deterioration, it is now apparent the roof needs to be
replaced. Through the Community Development Block Grant
program, the City has been able to secure funding. The repair of this
roof will provide a stable environment for the Parks and Recreation
Department to house the Senior Center.
Funding: N/A
Cost: $24,870
Source of Funds: Community Development Block Grants
Outside Resources: Oliver Roofing Systems
Impact/Benefit: Provide a safe environment for the Parks & Recreation Department to
house the Senior Center.
N/A
Public Comment:
Sponsor: Parks and Recreation Department
CITY OF ROUND ROCK CONTRACT FOR
CONSTRUCTION SERVICES FOR
SENIOR CITIZZEN CENTER ROOF
ca
.2003 THIS CONTRACT is made on this the 9 ' day of the month of J A}NUAR,
2002, by and between THE CITY OF ROUND ROCK, TEXAS, a home -rule municipal corporation
of Williamson and Travis Counties, Texas, whose address is 221 East Main Street, Round Rock,
Texas, 78664 (hereinafter referred to as "City" and/or "Owner") and OLIVER ROOFING
SYSTEMS, whose address is 825 Wagon Trail, Post Office Box 180191, Austin; Texas, 78718
(hereinafter referred to as "Oliver" and/or "Contractor")
WITNESSETH:
That for and in consideration of the payments and agreements hereinafter mentioned, to be made
and performed by Owner, Contractor hereby agrees with Owner to commence and complete the
construction described as follows:
Tear -off of all existing layers of present EPDM roofing membrane, materials, and ballast
on the City of Round Rock's Senior Center Building, and replacement of all with a new
3 -ply modified bitumen roofing system installed in hot asphalt over a layer of %"
fiberboard insulation, together with all necessary flashing and counterflashing and other
similar components, hereinafter called the Project;
for a fixed sum not to exceed TWENTY -FOUR THOUSAND EIGHT HUNDRED SEVENTY
AND NO /100 DOLLARS ($24,870.00), together with all extra work in connection therewith,
under the terms as stated in the General and Supplemental Conditions of the Contract, the Terms
and Conditions of the Contract, and the Labor Standards Provisions of the Contract.
Contractor shall, at its own proper cost and expense, famish all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance and other accessories and services
necessary to complete the said Project in accordance with the conditions and prices stated in the
Proposal, the General Conditions, and Supplemental General Conditions of the Contract, the plans
which include all maps, plats, blueprints, and other drawings and printed or written explanatory
matter thereof, the specifications and contract documents therefore as prepared by
Architect/Engineer or as furnished by City, and as enumerated in the Supplemental General
Conditions, all of which are made a part hereof and collectively evidence and constitute the
Contract.
Contractor hereby agrees to commence work under this Contract on or before a date to be
specified in a written "Notice to Proceed" of the Owner and to fully complete the project within
thirty (30) consecutive calendar days thereafter. Contractor further agrees to pay, as liquidated
damages, the sum of $ 500.00 for each consecutive calendar day thereafter as hereinafter provided
in Paragraph 19 of the General Conditions.
0-...,COIMIgM0035600.WP Di
2- 03 -DI -0 - 9Ql
1
Owner agrees to pay Contractor in current funds for the performance of the Contract, subject
to additions and deductions, as provided in the General Conditions of the Contract, and to make
payments on account thereof as provided in Paragraph 25 of the General Conditions entitled
"Payments to Contractor."
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
counterparts, each of which shall be deemed an original, and have so executed in the year and on
the day first above mentioned.
OWNER:
CITY OF ROUND ROCK, TEXAS
By:
_ ...41110 "Te �': e , •ayor
ATTEST:
Christine R. Martinez, City Secretary
CONTRACTOR:
OLIVER ROOFING SYSTEMS
By
ick tine Presidenf
2
GENERAL CONDITIONS OF THE CONTRACT
1. Contract and Contract Documents
The project to be constructed pursuant to this Contract will be financed with assistance from
the Texas CDBG Program and is subject to all applicable Federal and State laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall
be as binding upon the parties hereto as if they were herein fully set forth.
1. Contract and Contract Documents
2. Definitions
3. Additional Instructions and Drawings
4. Shop or Setting Drawings
5. Materials, Service and Facilities
6. Contractor's Title to Materials
7. Inspection/Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits and Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Work Property- Emergency
14. Inspection
15. Reports, Records and Data
16. Superintendence by Contractor
17. Changes in Work
18. Extras
19. Time for Completion and Liquidated Damages
20. Correction of Work
21. Subsurface Conditions- Different
22. Claims for Extra Cost
23. Owner Termination of Contract
24. Construction Schedule/Periodic Estimates
25. Payments to Contractor
26. Final Payment as Release
27. Payments by Contractor
28. Insurance
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32. Mutual Responsibility of Contractors
3
33. Separate Contractors
34. Subcontracting
35. Architect/Engineer's Authority
36. Stated Allowances
37. Removal of Debris
38. Detail Estimates
39. Right of Way
40. General Guaranty
41. Conflicting Conditions
42. Notice and Service
43. Provisions Deemed Inserted
44. Life/Health Protection
45. Subcontracts
46. Interest/Members of Congress
47. Other Prohibited Interests
48. Use Prior to Acceptance
49. Photographs
50. Suspension of Work
51. Minimum Wages
52. Underpayment of Wages
53. Fringe Benefits
54. Overtime Compensation
55. Apprentices
56. HUD Section 3
57. Employment Prohibited
58. Anti - Kickback Act
59. Classifications Not Listed
60. Benefits Not Expressed
61. Posting of Wage Rates
62. Complaints or Testimony
63. Claims and Disputes
64. Questions Re: Regulations
65. Payrolls and Records
66. Specific Coverage
67. Ineligible Subcontractors
68. Provisions to be Included
69. Breach of Labor Standards
70. Employment Practices
71. Contract Termination; Debarment
2. Definitions
The following terms as used in this Contract are respectively defined as follows:
4
(a) Contractor: A person, firm or corporation who makes the contract with the Owner, i.e.,
the Local Public Agency.
(b) Subcontractor: A person, firm or corporation supplying labor and materials or only labor
for work at the site of the Project, for and under separate contract or agreement with the
Contractor.
(c) Work on (at) the Project: Work to be performed at the location of the Project, including
the transportation of materials and/or supplies to or from the location of the Project by employees
of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be famished additional instructions and detail drawings as necessary to
carry out the work included in the Contract. The additional drawings and instructions thus
supplied to the Contractor will coordinate with the Contract Documents and will be so prepared
that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in
accordance with the additional detail drawings and instructions. The Contractor and the
Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail
drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in
accordance with said schedule, and (b) a schedule fixing the respective dates for the submission
of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and
equipment, and the completion of the various parts of the work; each such schedule to be subject
to change from time to time in accordance with the progress of the work.
4. Shop Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two (2) copies of each shop
or setting drawing prepared in accordance with the schedule predetermined aforesaid. After
examination of such drawings by the Architect/Engineer and their return, the Contractor shall
make such corrections to the drawings as have been indicated and shall furnish the
Architect/Engineer with two (2) corrected copies. If requested by the Architect/Engineer, the
Contractor must furnish additional copies.
Regardless of corrections made in or approval given to such drawings by the
Architect/Engineer, the Contractor will nevertheless be responsible for the accuracy of such
drawings and for their conformity to the Plans and Specifications, unless it/he/she notifies the
Architect/Engineer in writing of any deviations at the time it/he /sshe furnishes such drawings.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract
Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water,
5
Light, power, transportation, superintendence, and temporary construction of every nature
whatsoever necessary to execute, complete, and deliver the work within the specified time.
(b) Any work necessary to be performed after regular hours, on Sundays or legal
holidays, shall be performed without additional expenses to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any
Subcontractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants that it/he /she has
good title to all materials and supplies used by it/him/her in the work, free from all liens, claims,
or encumbrances.
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the Project shall be subject
to adequate inspection and testing in accordance with accepted standards. The laboratory or
inspection agency shall be selected by the Owner. The Owner will pay for all laboratory
inspection service direct, and not as part of the Contract.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish conformance
with specifications and suitability for uses intended.
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers,
or the like, it is intended merely to establish a standard; and any material, article, or equipment
of other manufacturers and vendors which will perform adequately the duties imposed by the
general design will be considered equally acceptable provided the material, article, or equipment
so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall
not be purchased or installed by the Contractor without the Architect/Engineer's written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses for, or on
account of, any patented or unpatented invention, process, article, or appliance manufactured or
used in the performance of the contract, including its use by the Owner, unless otherwise
specifically stipulated in the Contract Documents.
6
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which
is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent,
or his authorized licensee, direct by the Owner and not by or through the Contractor.
(c) If the Contractor uses any design, device or materials covered by letters, patent or
copyright, it/he/she shall provide for such use by suitable agreement with the Owner of such
patented or copyrighted design, device or material. It is mutually agreed and understood, that,
without exception, the contract prices shall include all royalties or costs arising from the use of
such design, device or materials in any way involved in the work. The Contractor and/or
its/his/her Sureties shall indemnify and save harmless the Owner of the Project from any and all
claims for infringement by reason of the use of such patented or copyrighted design, device or
materials or any trademark or copyright in connections with work agreed to be performed under
this Contract, and shall indemnify the Owner for any cost, expense or damage which it may be
obligated to pay by reason of such infringement at any time during the prosecution of the work
or after completion of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to
the Contractor all surveys necessary for the execution of the work. The Contractor shall procure
and pay all permits, licenses and approvals necessary for the execution of the Contract.
The Contractor shall comply with all laws, ordinances, rules, and regulations relating to
performance of the work, the protection of adjacent property, and the maintenance of
passageways, guard fences or other protective facilities.
11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and perform all work and
furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required
by this Contract, within the time herein specified, in accordance with the provisions of this
Contract and said specifications and in accordance with the plans and drawings covered by this
Contract any and all supplemental plans and drawings, and in accordance with the directions of
the Architect/Engineeras given from time to time during the progress of the work. It/He/She shall
furnish, erect, maintain, and remove such construction plant and such temporary works as may
be required.
The Contractor shall observe, comply with, and be subject to all terms, conditions,
requirements, and limitations of the contract and specifications, and shall do, carry on, and
complete the entire work to the satisfaction of the Architect/Engineer and the Owner.
7
12. Weather Conditions
In the event of temporary suspension of work, or during inclement weather, or whenever
the Architect/Engineer shall direct, the Contractor will cause itself/himself/herself and all
Subcontractors to protect carefully all work and materials against damage or injury from the
weather. If, in the opinion of the Architect/Engineer, any work or material shall have been
damaged or injured by reason of failure on the part of the Contractor or any Subcontractors so to
protect the work, such materials shall be removed and replaced at the expense of the Contractor.
13. Protection of Work Property - Emergency
The Contractor shall at all times safely guard the Owner's property from injury or loss in
connection with this Contract. It/He /She shall at all times safely guard and protect its/his/her own
work, and that of adjacent property, from damage. The Contractor shall replace or make good any
such damage, loss or injury unless such be caused directly by errors contained in the Contract or
by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and/or safety or life,
the Contractor will be allowed to act, without previous instructions from the Architect/Engineer,
in a diligent manner. It/He/She shall notify the Architect/Engineer immediately thereafter. Any
claim for compensation by the Contractor due to such extra work shall be promptly submitted to
the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified Architect/Engineer of an
emergency threatening injury to persons or damage to the work of any adjoining property,
it/he/she shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any emergency
action shall be determined in the manner provided in Paragraph 17 of the General Conditions.
14. Inspection
The authorized representatives and agents of state and federal agencies having authority
and jurisdiction over this Project shall be permitted to inspect all work, materials, payrolls,
records of personnel, invoices of materials, and other relevant data and records.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedule, payrolls, reports, estimates, records, and other data as the Owner may request
conceming work performed or to be performed under this Contract.
8
16. Superintendence by Contractor
At the site of the work the Contractor shall employ a construction superintendent or
foreman who shall have full authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Architect/Engineer and shall be one who can be
continued in that capacity for the particular job involved unless he/she ceases to be on the
Contractor's payroll.
17. Changes In Work
No changes in the work covered by the approved Contractor Documents shall be made
without having prior written approval of the Owner. Charges or credits for the work covered by
the approved change shall be determined by one or more of the following methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
(1) Labor, including foreman;
(2) Materials entering permanently into the work;
(3)
To the cost under (c) there shall be added a fixed fee to be agreed upon but which shall not
exceed fifteen percent (15 %) of the actual cost of the work. The fee shall be compensation to
cover the costs of supervision, overhead, bond, profit and any other general expenses.
18. Extras
The ownership or rental cost of construction plant and equipment during the
time of use on the extra work;
(4) Power and consumable supplies for the operation of power equipment;
(5) Insurance;
(6) Social Security and old age and unemployment contributions.
Without invalidating the Contract, the Owner may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and
the consent of the Surety being first obtained where necessary or desirable. All the work of the
9
kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra
work or materials shall be allowed unless the work is ordered in writing by the Owner or its
Architect/Engineer, acting officially for the Owner, and the price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the Contract of the work to
be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually
understood and agreed that the work embraced in this Contract shall be commenced on a date to
be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and
uninterruptedly at such rate of progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed, by and between the Contractor and the Owner,
that the time for the completion of the work described herein is a reasonable time for the
completion of the same, taking into consideration the average climatic range and usual industrial
conditions prevailing in this locality.
If the Contractor shall neglect, fail or refuse to complete the work within the time herein
specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby
agree, as part consideration for the awarding of this Contract, to pay the Owner the amount
specified in the Contract, not as a penalty but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would in such event sustain, and said amount is agreed to be the amount of
damages which the Owner would sustain and said amount shall be retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and
of the specifications therein, and definite and certain length of time is fixed for the performance
of any act whatsoever, and where under the Contract an additional time is allowed for the
completion of any work, the new time limit fixed by such extension shall be of the essence of this
Contract; PROVIDED, however, that the Contractor shall not be charged with liquidated damages
or any excess cost when the Owner determines that the Contractor is without fault and the
Contractor's reasons for the time extension are acceptable to the Owner; and PROVIDED
FURTHER, however, that the Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the local public authority;
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(b) To any unforeseen cause beyond the control and without the fault or negligence of the
Contractor, including but not restricted to, acts of God or the public enemy, acts of the Owner,
acts of another Contractor in the performance of a contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
PROVIDED FURTHER, however, that the Contractor shall, within ten (10) days from the
beginning of such delay (unless the Owner shall grant a further period of time prior to the date of
final settlement of the Contract), notify the Owner in writing of the cause of the delay, and the
Owner shall ascertain the facts and extent of the delay and shall notify the Contractor within a
reasonable time of its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all processes ofmanufacture,
and all methods of construction shall be at all times and places subject to the inspection of the
Architect/Engineer who shall be the final judge of the quality and suitability of the work,
materials, processes of manufacture, and methods of construction for the purposes for which they
are used. Should they fail to meet its /his/her approval, they shall be forthwith reconstructed, made
good, replaced and/or corrected as the case maybe, by the Contractor at its/his/her own expense.
Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/
Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or
correct any portion of the work injured or not performed in accordance with the Contract
Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such
amount as in the judgement of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter subsurface and/or latent conditions at the site materially
differing from those shown on the Plans or indicated in the Specifications, it/he /she shall
immediately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if it/he/she finds
that they materially differ from those shown on the Plans or indicated in the Specifications,
it/he /she will at once make such changes in the Plans and/or Specifications as may be necessary,
any increase or decrease of cost resulting from such changes to be adjusted in the manner
provided in Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or costs shall be allowed unless the same was done in pursuance of
a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim
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presented with the first estimate after the changed or extra work is done. When work is performed
under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish
satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the
Owner, give access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this Contract are violated by the Contractor, or by
any Subcontractors, the Owner may serve written notice upon the Contractor and the Surety of
its intention to terminate the Contract, such notices to contain the reason for such intention to
terminate the Contract, and unless within (10) days after the serving of such notice upon the
Contractor, such violation or delay shall cease and satisfactory arrangement and/or correction be
made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the
event of any such termination, the Owner shall immediately serve notice thereof upon the Surety
and the Contractor and the Surety shall have the right to take over and perform the Contract;
provided, however, that if the Surety does not commence performance thereof within ten (10)
days from the date of the mailing to such Surety, then Contractor and its/his/her Surety shall be
liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the
Owner may take possession of and utilize in completing the work, such material, appliances, and
plans as may be on the site of the work and necessary therefore.
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the Contract, and before the first partial payment
is made, the Contractor shall deliver to the Owner an estimated construction progress schedule
in form satisfactory to the Owner, showing the proposed dates of commencement and completion
of each of the various subdivisions of work required under the Contract Documents and the
anticipated amount of each monthly payment that will become due the Contractor in accordance
with the progress schedule. The Contractor shall also furnish on forms to be supplied by the
Owner: (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic
itemized estimates of work done for the purpose of making partial payments thereon. The costs
employed in making up any of these schedules will be used only for determining the basis of
partial payments and will not be considered as fixing a basis for additions to or deductions from
the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of the work
performed during the preceding calendar month under this Contract, but to insure the proper
performance of this Contract the Owner may retain five percent (5 %) of the amount of each
estimate until final completion and acceptance of all work covered by this Contract; PROVIDED,
however, that the Contractor shall submit his estimate not later than the first day of the month;
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PROVIDED FURTHER, however, that the Owner at any time after fifty percent (50 %)
of work has been completed, if it finds that satisfactory progress is being made, may make any
of remaining progress payments in full; PROVIDED FURTHER, however that on completion
and acceptance of each separate building, public work, or other division of the Contract, on which
the price is stated separately in the Contract, payment may be made in full, including retained
percentages thereon, less authorized deductions.
(b) In preparing estimates the material delivered on the site preparatory to work done may
be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relieving the Contractor
from representations which have been made or the restoration of any damaged work, or as a
waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract.
(d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE
APPLICATION THEREOF: The Contractor agrees that it/he/she will indemnify and save the
Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers,
workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment,
power tools, and all supplies, including commissary, incurred in the furtherance of the
performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, discharged, or
waived. If the Contractor fails so to do, then the Owner may, after having served written notice
on the said Contractor, either pay unpaid bills, of which the Owner has written notice, or direct
or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all lawful claims until satisfactory evidence is furnished that all liabilities
have been fully discharged hereupon payment to the Contractor shall be resumed, in accordance
with the terms of this Contract, but in no event shall the provisions of this sentence be constructed
to impose any obligations upon the Owner to either the Contractor or its/his/her Surety. In paying
any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and
any payment so made by the Owner shall be considered as a payment made under the Contract
by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such
payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
Acceptance by the Contractor of final payment shall operate as and be a release to the
Owner of all claims and liability to the Contractor for all things done or furnished in connection
with this work and for every act and neglect of the Owner and others relating to or arising
therefrom. No payment, final or otherwise, shall operate to release the Contractor or its/his/her
sureties from any obligations under this Contract or the Performance and Payment Bond.
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27. Payments by Contractors
The Contractor shall pay (a) for all transportation and utility services not later than the 20th
day of the calendar month following that in which such materials, tools, and equipment are
delivered at the site of the Project, and (b) the balance of the cost thereof not later than the 30th
day following the completion of that part of the work in or on which such materials, tools, and
equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 6th
day following each payment to the Contractor, the respective amounts allowed the Contractor on
account of the work performed by its/his/her subcontractors to the extent to each subcontractor's
interest therein.
28. Insurance
The Contractor shall not commence work under this Contract until it/he/she has obtained all
the insurance required under this paragraph and such insurance has been approved by the Owner,
nor shall the Contractor allow any subcontractor to commence work on a subcontract until the
insurance required of the subcontractor has been so obtained and approved.
(a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain
during the life of this Contract Workers' Compensation Insurance as required by applicable State
law for all employees to be engaged in work at the site of the Project under this Contract and, in
case of any such work sublet, the Contractor shall require the Subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees to be engaged in such work
unless such employees are covered by the protection afforded by the Contractor's Workers'
Compensation Insurance. In case any class of employees engaged in hazardous work on the
Project under this Contract is not protected under the Workers' Compensation Statute, the
Contractor shall provide and shall cause each Subcontractor to provide adequate employer's
liability insurance for the protection of such employees as are not otherwise protected.
(b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and
shall maintain during the life ofthis Contract Contractor's Public Liability Insurance, Contractor's
Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the
Supplemental General Conditions.
(c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require
each of its/his/her Subcontractors to procure and maintain during the life of the subcontract,
Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance
of the type and in the amounts specified in the Supplemental General Conditions specified in
subparagraph (b) hereof; or (2) insure the activities of its/his/her policy specified in subparagraph
(b) hereof.
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(d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required
under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and
Subcontractors, respectively, against damage claims which may arise from operations under this
Contract, whether such operations be by the insured or by anyone directly or indirectly employed
by it/him/her, and also against any of the special hazards which may be encountered in the
performance of this Contract as enumerated in the Supplemental General Conditions.
(e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the
Project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option
as indicated in the Supplemental General Conditions, Form HUD- 4238 -N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) on a one hundred percent (100 %)
completed value basis on the insurable portion of the Project for the benefit of the Owner, the
Contractor, and Subcontractors, as their interests may appear. The Contractor shall not include
any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction
unless the Contractor is required to provide such insurance; however, this provision shall not
release the Contractor from its/his/her obligation to complete, according to plans and
specifications, the Project covered by the Contract, and the Contractor and its/his/her Surety shall
be obligated to full performance of the Contractor's undertaking.
(f) PROOF OF INSURANCE: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates and date of expiration of
policies. Such certificates shall also contain substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered, except after ten (10) days'
written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred
percent (100 %) of the Contract price as security for the faithful performance of this Contract and
also a payment bond in an amount not less than one hundred percent (100 %) of the Contract price
or in a penal sum not less than that prescribed by State, territorial or local law, as security for the
payment of all persons performing labor on the project under this Contract and furnishing
materials in connection with this Contract. The performance bond and the payment bond may be
in one or in a separate instrument in accordance with local law.
30. Additional or Substitute Bond
Nat any time the Owner for justifiable cause shall be or become dissatisfied with any surety
or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5)
days after notice from the Owner so to do, substitute an acceptable bond or bonds in a form and
sum and signed by other surety or sureties as are satisfactory to the Owner. The premiums on such
bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made
until the new surety or sureties shall have furnished such an acceptable bond to the Owner.
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31. Assignments
The Contractor shall not assign the whole or any part of this Contract or any monies due or
to become due hereunder without express written consent of the Owner. In case the Contractor
assigns all or any part of any monies due or to become due under this Contract, the instrument of
assignment shall contain a clause substantially to the effect that it is agreed that the right of the
assignee in and to any monies due or to become due to the Contractor shall be subject to prior
claims of all persons, firms, and corporations of services rendered or materials supplied for the
performance of the work called for in this Contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any
Subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such
other Contractors or Subcontractors by agreement or arbitration if such other Contractor or
Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim
against the Owner on account of any damage alleged to have been sustained, the Owner shall
notify the Contractor, who shall indemnity and save harmless the Owner against any such claim.
33. Separate Contract
The Contractor shall coordinate its/his/her operations with those of other Contractors.
Cooperation will be required in the arrangement for the storage of materials and in the detailed
execution of the work. The Contractor, including Subcontractors, shall keep informed of the
progress and detail work of other Contractors and shall notify the Architect/Engineerimmediately
of lack of progress or defective workmanship on the part of other Contractors. Failure of a
Contractor to keep informed of the work progressing on the site and failure to give notice of lack
of progress or defective workmanship by others shall be construed as acceptance by it/him/her of
the status of the work as being satisfactory for proper coordination with its/his/her own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty Subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty Subcontractors.
(b) The Contractor shall not award any work to any Subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits to the
Owner a written statement concerning the proposed award to the Subcontractor, which statement
shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of its/his/her Subcontractors, and of persons either directly or indirectly employed by them, as
it/he/she is for the acts and omissions of persons employed by itself/himself/herself.
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(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to bind Subcontractors to the Contract by the terms of the General Conditions
and other Contract Documents insofar as applicable to the work of Subcontractors and to give the
Contractor the same power as regards terminating any subcontract that the Owner may exercise
over the Contractor under any provision of the Contract Documents.
(e) Nothing contained in this Contract shall create any contractual relation between any
Subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this
Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall
determine the amount, quality, acceptability, and fitness of the several kinds of work and materials
which are to be paid for under this Contract and shall decide all questions which may arise in
relation to said work and the construction thereof. The Architect/Engineer's estimates and
decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any
question shall arise between the parties hereto relative to said Contract or specifications, the
determination or decisions of the Architect/Engineer shall be a condition precedent to the right
of the Contractor to receive any money or payment for work under this Contract affected in any
manner to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the
specifications and of any plans or drawings where the same may be found obscure or be in
dispute. Any differences or conflicts in regard to their work which may arise between the
Contractor under this Contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
36. Stated Allowances
The Contractor shall include in its/his/her proposal the cash allowances stated in the
Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as
directed by the Owner on the basis of competitive bids. If the actual price for purchasing the
"Allowed Materials" is more or less than the "Cash Allowance," the Contract price shall be
adjusted accordingly. The adjustment in Contract price shall be made on the basis of the purchase
price without additional charges for overhead, profit, insurance or any other incidental expenses.
The cost of installation of the "Allowed Materials" shall be included in the applicable sections
of the Contract Specifications covering this work.
37. Use of Premises and Removal of Debris
The Contractor expressly undertakes at its/his/her own expense:
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(a) to take every precaution against injuries to persons or damage to property;
(b) to store apparatus, materials, supplies and equipment in such orderly fashion at the site
of the work as will not unduly interfere with the progress of the work or the work of any other
Contractors;
(c) to place upon the work or any part thereof only such loads as are consistent with the safety
of that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by operations,
to the end that at all times the site of the work shall present a neat, orderly and workmanlike
appearance;
(e) before final payment to remove all surplus material, false -work, temporary structures,
including foundations thereof, plants of any description and debris of every nature resulting from
operations, and to put the site in a neat and orderly condition;
(f) to effect all cutting, fitting or patching of work required to make the same conform to the
plans and specifications and, except with the consent of the Architect/Engineer, not cut or
otherwise alter the work of any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities or work to be done and materials to be furnished under this
Contract are shown in any of the documents including the proposal, they are given for use in
comparing bids and the right is especially reserved except as herein otherwise specifically limited,
to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner
to complete the work contemplated by this Contract, and such increase or diminution shall in no
way vitiate this Contract, nor shall any such increase or diminution give cause for claims or
liability for damages.
39. Lands and Right - of - Way
Prior to the start of construction, the Owner shall obtain lands and rights -of -way necessary
for the carrying out and completion of work to be performed under this contract.
40. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor
partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work
not done in accordance with the Contract Documents or relieve the Contractor of liability in
respect to any express warranties or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects in the work and pay for any damage to other work resulting
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therefrom, which shall appear within a period of one (1) year from the date of final acceptance
of work unless a longer period is specified. The Owner will give notice ofunserved defects with
reasonable promptness.
41. Conflicting Conditions
Any provisions of the Contract Documents which maybe in conflict or inconsistent with any
of the paragraphs in these General Conditions shall be void to the extent of such conflict or
inconsistency.
42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this Contract shall be in
writing and considered delivered and the service thereof completed when said notice is mailed,
by certified or registered mail, to said Contractor at the last given address, or delivered in person
to the said Contractor or authorized representative on the work.
43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract
shall be deemed to be inserted herein and the Contract shall be read and enforced as though it
were included herein, and if through mistake or otherwise any provision is not inserted, or is not
correctly inserted, then upon the application of either party the Contract shall forthwith be
physically amended to make such insertion or correction.
44. Protection of Lives and Health
The Contractor shall exercise proper precaution at all times for the protection of persons and
property and shall be responsible for all damages to persons or property, either on or off the site,
which occur as a result of its/his/her prosecution of the work. The safety provisions of applicable
laws and building and construction codes, in addition to specific safety and health regulations
described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety
and Health Regulations for Construction, as outlined in the Federal Register, Volume No. 75,
Saturday, April 17, 1971, Title 29 - LABOR, shall be observed and the Contractor shall take or
cause to be taken such additional safety and health measures as the Contracting Authority may
determine to be reasonably necessary.
45. Subcontracts
The Contractor will insert in any subcontract the Federal Labor Standards Provisions
contained herein and such other clauses as the Department of Housing and Urban Development
or applicable Texas agency may by instructions require, and also a clause requiring the
Subcontractors to include these clauses in any lower tier subcontracts which they may enter into,
19
together with a clause requiring this insertion in any further subcontracts that may in tum be
made.
46. Interest of Members of or Delegates to Congress
No members of or delegates to Congress shall be admitted to any share or part of this
Contract or to any benefit that may arise therefrom, but this provision shall not be construed to
extend to this Contract if made with a corporation for its general benefit.
47. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving
any architectural, engineering, inspection, construction or material supply contract or any
subcontract in connection with the construction of the Project, shall become directly or indirectly
interested personally in this Contract or in any part hereof. No officer, employee, architect,
attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on
behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions
in connection with the construction of the Project, shall become directly or indirectly interested
personally in this Contract or in any part thereof, any material supply contract, subcontract,
insurance contract, or any other contract pertaining to the Project.
48. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the Project before
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of such
list items or other contract requirements;
(b) Secures endorsement from the insurance - carrier and consent of the surety permitting
occupancy of the building or use of the Project during the remaining period of construction; or
(c) When the notice consists of more than one building, and one of the buildings is occupied,
secures permanent firm and extended coverage insurance, including a permit to complete
construction. Consent of the Surety must also be obtained.
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
regard to their race, creed, color, or national origin. Such action shall include but not be limited
to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
20
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, or national origin.
49. Photographs of the Project
The Contractor shall furnish photographs of the project before, during, and after construction
in the quantities and as described in the Supplemental General Conditions.
50. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work before or after start
of construction by reason of any litigation or other reason beyond the control of the Owner, the
Contractor shall not be entitled to make or assert claims for damage by reason of said delay; but
time for completion of the work will be extended to such delay with such time as the Owner may
determine, in writing, will compensate for time lost by such delay.
51. Minimum Wage Rate for Laborers and Mechanics
All laborers and mechanics employed upon the work covered by this Contract shall be paid
unconditionally and not less often than once each week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regulations issued by the Secretary of
Labor, United States Department of Labor, pursuant to the Anti- Kickback Act hereinafter
identified), the full amount due at time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary of Labor, regardless of any
contractual relationship which may be alleged to exist between the Contractor or any
Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the employer provides or
secures satisfactory facilities approved by the Local Public Agency for the cashing of the same
without cost of expense to the employee. For the purpose of this clause, contributions made or
costs reasonably anticipated under Section 1(b) (2) of the Davis -Bacon Act on behalf of laborers
or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions
of Section 5.5(a)(1 )(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this
clause, regular contributions made or costs incurred for more than a weekly period under plans,
funds, or programs, but covering the particular weekly period, are deemed to be constructively
made or incurred during such weekly period.
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52. Underpayment of Wages or Salaries
In case of underpayment of wages by the Contractor or by any Subcontractor to laborers or
mechanics employed by the Contractor or Subcontractor upon the work covered by this Contract,
the Local Public Agency, in addition to such other rights as may be afforded it under this
Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much
thereof as the Local Public Agency may consider necessary to pay such laborers or mechanics the
full amount of ages required by this Contract. The amount so withheld may be disbursed by the
Local Public Agency for and on account of the Contractor or the Subcontractor (as may be
appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf
to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage
determination.
53. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or other third person, it/he /she may
consider as part of the wages of a laborer or mechanic the amount of any costs reasonably
anticipated in providing fringe benefits under a plan or program of a type expressly listed in the
wage determination decision of the Secretary of Labor, provided, however, the Secretary of Labor
has found, upon the written request of the Contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a
separate account assets for the meeting of obligations under the plan or program. A copy of any
findings made by the Secretary of Labor in respect to fringe benefits being provided by the
Contractor must be submitted to the Local Public Agency with the first payroll filed by the
Contractor subsequent to receipt of the findings.
54. Overtime Compensation Required by Contract Work Hours and Safety Standards
Act (76 Stat. 357 -360: Title 40 U.S.C., Sections 327 -332)
(a) OVERTIME REQUIREMENTS. No Contractor or Subcontractor contracting for any
part of the Contract work which may require or involve the employment of laborers or mechanics,
including watchmen and guards, shall require or permit any laborer or mechanic in any workweek
in which he /she is employed on such or to work in excess of forty (40) hours in such workweek
unless such laborer or mechanic received compensation at a rate not less than one and one -half
times his/her basic rate of pay for all hours worked in excess of forty (40) hours in such work
week, as the case may be.
(b) VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. In the
event of any violation of the clause set forth in paragraph (a), the Contractor and any
Subcontractor responsible therefor shall be liable to any affected employee for his/her unpaid
wages. In addition, such Contractor and Subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of
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$10 for each calendar day on which such employee was required or permitted to work in excess
of the standard workweek of forty (40) hours without payment of the overtime wages required by
the clause set forth in paragraph (a).
(c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall
withhold or cause to be withheld, from any monies payable on account of work performed by the
Contractor or Subcontractor, such sums as may administratively be determined to be necessary
to satisfy any liabilities of such Contractor or Subcontractor for liquidated damages as provided
in the clause set forth in paragraph (b).
(d) SUBCONTRACTS. The Contractor shall insert in any subcontract the clauses set forth
in paragraphs (a), (b), and (c) of this section and also a clause requiring the Subcontractors to
include these clauses in any lower tier subcontracts which they may enter into, together with a
clause requiring this insertion in any further subcontracts that may in turn be made.
55. Employment or Apprentices/Trainees
(a) APPRENTICES will be permitted to work at less than the predetermined rate for the
work they performed when they are employed and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Manpower Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his first ninety (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 Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not
be greater than the ratio permitted to the Contractor as to its/his/her entire work force under the
registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a
trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise
employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for
the classification of work he /she actually performed. The Contractor or Subcontractor will be
required to furnish to the contracting officer or a representative of the Wage -Hour Division of the
U.S. Department of Labor written evidence of the registration of its/his/her program and
apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the
journeyman hourly rates), for the area of construction prior to using any apprentices on the
Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage
of the journeyman's rate contained in the applicable wage determination.
(b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in aprogram which has received prior approval, evidenced
by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of
Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted
23
under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved program for his/her level of progress. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage
rate determined by the Secretary of Labor for the classification ofwork he /she actually performed.
The Contractor or Subcontractor will be required to furnish the contracting officer or a
representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of
the certification of its/his/her program, the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau of Apprenticeship and Training
withdraws approval of a training program, the Contractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees
and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
56. Section 3
(a) The work to be performed under this Contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall,
to the greatest extent feasible, be directed to low- and very low- income persons, particularly
persons who are recipients of HUD assistance for housing.
(b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract, the parties to
this Contract certify that they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
(c) The Contractor agrees to send to each labor organization or representative of workers
with which the Contractor has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the persons taking applications for each of
the positions; and the anticipated date the work shall begin.
(d) The Contractor agrees to include this Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
24
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding
that the Subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will
not subcontract with any Subcontractor where the Contractor has notice or knowledge that the
Subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the Contract is executed,
and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent the Contractor's
obligations under 24 CFR Part 135.
(f) Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions,
termination for default, and debarment or suspension from future HUD- assisted contracts.
(g) With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self - Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations, and Indian-owned Economic Enterprises. Parties to this Contract
that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to
the maximum extent feasible, but not in derogation of compliance with section 7(b).
57. Employment of Certain Persons Prohibited
No person under the age of sixteen (16) and no person who, at the time, is serving sentence
in a penal or correctional institution shall be employed on the work covered in this Contract.
58. Regulations Pursuant to So - Called "Anti Kickback Act"
The Contractor shall comply with the applicable regulations of the Secretary ofLabor, United
States Department of Labor, made pursuant to the so- called "Anti- Kickback Act" of June 13,
1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c),
and any amendments or modifications thereof, shall cause appropriate provisions to be inserted
in subcontracts to insure compliance therewith by all Subcontractors, and shall be responsible for
submission of affidavits required by the Subcontractors, except as the Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances, and exemptions from the
requirements thereof.
59. Employment of Laborers or Mechanics Not Listed In Aforesaid Wage
Determination Decision
Any class of laborers or mechanics which is not listed in the wage determination and which
is to be employed under the Contract will be classified or reclassified conformably to the wage
25
determination by the Local Public Agency and a report of the action taken shall be submitted by
the Local Public Agency through the State Department of Local Affairs to the Secretary of Labor,
United States Department of Labor. In the event the interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers and mechanics to be used, the
question accompanied by the recommendation of the Local Public Agency shall be referred
through the State Department of Local Affairs to the Secretary of Labor for final determination.
60. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency shall require, whenever the minimum wage rate prescribed in the
Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as
an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit,
an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree
upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency, shell be referred to the Secretary of Labor for determination.
61. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor, United States Department of Labor,
and applicable wage determination decisions of said Secretary of Labor with respect to the various
classifications of laborers and mechanics employed and to be employed on the work covered by
this Contract, and a statement showing all deductions, if any, in accordance with the provisions
of this Contract, to be made from wages actually earned by persons so employed or to be
employed under such classifications, shall be posted at appropriate conspicuous points at the site.
62. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this
Contract are applicable shall be discharged or in any other manner discriminated against by the
Contractor or any Subcontractor because such employee has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to his/her employer.
63. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics
employed upon the work covered by this Contract shall be promptly reported by the Contractor
in writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United
States Department of Labor, whose decision shall be final with respect thereto.
64. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the application or interpretation of
(a) the aforesaid Anti- Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c)
26
the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other
pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary
of Labor, United States Department of Labor, for said Secretary's appropriate ruling or
interpretation which shall be authoritative and may be relied upon for the purposes of this
Contract.
65. Payrolls and Basic Payroll Records of Contractor and Subcontractors
The Contractor and each Subcontractor shall prepare its/his/herpayrolls on forms satisfactory
to and in accordance with instructions to be furnished by the Local Public Agency or Public Body.
The Contractor shall submit weekly to the Local Public Agency or Public Body two (2) certified
copies of all payrolls of the Contractor and of the Subcontractors, it being understood that the
Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors.
Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3
of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor
and each Subcontractor covering all laborers and mechanics employed upon the work covered by
this Contract shall be maintained during the course of the work and preserved for a period of three
(3) years thereafter. Such payrolls and basic payroll records shall contain the name and address
of each such employee, his/her correct classification, rate of pay (including rates of contributions
or costs anticipated, of the types described in Section 1 (b)(2) of the Davis -Bacon Act,) daily and
furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the
Local Public Agency or Public Body two (2) certified copies of all payrolls of the Contractor and
of the Subcontractors, it being understood that the Contractor shall be responsible for the
submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the
"Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal
Regulations. The payrolls and basic payroll records of the Contractor and each Subcontractor
covering all laborers and mechanics employed upon the work covered by this Contract shall be
maintained during the course of the work and preserved for a period of three (3) years thereafter.
Such payrolls and basic payroll records shall contain the name and address of each such
employee, his/her correct classification, rate of pay (including rates of contributions or costs
anticipated, of the types described in Section 1 (b)(2) of the Davis -Bacon Act,) daily and weekly
number of hours worked, deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated
in providing benefits under plan or program described in Section 1 (b)(2)(B) of the Davis -Bacon
Act, the Contractor or Subcontractor shall maintain records which shows that the commitment
to provide such benefits is enforceable, that the plan of program is financially responsible, and
that the plan or program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual cost incurred in providing such
benefits. The Contractor and each Subcontractor shall make its/his/her employment records with
respect to persons employed by it/him/her upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and Urban Development,
The Texas Department of Local Affairs or appropriate agency, the Local Public Agency, and the
27
United States Department of Labor. Such representatives shall be permitted to interview
employees of the Contractor or of any subcontractor during working hours on the job.
66. Specific Coverage of Certain Types of Work by Employees
Transporting of materials and supplies to or from the site of the Project or Program to which
this Contract pertains by the employees of the Contractor or any Subcontractor, and the
manufacturing or furnishing of materials, articles, supplies, or equipment on the site ofthe Project
to which this Contract pertains by persons employed by the Contractor or by any Subcontractor,
shall, for purposes of this Contract, without limiting the generality of the foregoing provisions
hereof, be deemed to be work to which these Federal Labor Standards Provisions are applicable.
67. Ineligible Subcontractors
The Contractor must certify that none of the subcontractors are ineligible or debarred through
HUD or the General Services Administration.
68. Provisions to be Included m Certain Subcontracts
The Contractor shall include or cause to be included in each subcontract covering any of the
work covered by this Contract, provisions which are consistent with these Federal Labor
Standards Provisions and also a clause requiring the Subcontractors to include such provisions
in any lower tier subcontracts which they may enter into, together with a clause requiring such
insertion in any further subcontracts that may in turn be made.
69. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract as herein elsewhere set forth, the
Local Public Agency reserves the right to terminate this Contract if the Contractor or any
Subcontractor whose subcontract covers any of the work covered by this Contract shall breach
any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards
Provisions may also be grounds for debarment as provided by the applicable regulations issued
by the Secretary of Labor, United States Department of Labor.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment
practices for work on the Project which will provide new job opportunities for the unemployed
and underemployed, and (2) shall insert or cause to be inserted the same provision in each
construction subcontract.
71. Contract Termination; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for
termination of the Contract, and for debarment as provided in 29 CFR 5.6.
28
SUPPLEMENTAL CONDITIONS OF THE CONTRACT
1. Enumeration of Plans, Specifications, and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention
11. Wage Rate Determinations
29
1. ENUMERATION OF PLANS, SPECIFICATIONS, AND ADDENDA
Following are the Plans, Specifications, and Addenda which form a part of this Contract, as
set forth in Paragraph I of the General Conditions, "Contract and Contract Documents:"
DRAWINGS:
General Construction:
Heating and Ventilation:
Plumbing:
Electrical:
Other:
SPECIFICATIONS:
General Construction: Page to inclusive
Heating and Ventilation: Page to inclusive
Plumbing: Page to inclusive
Electrical: Page to inclusive
Other: Page to inclusive
ADDENDA:
No. Date: No. Date:
No. Date: No. Date:
2. STATE ALLOWANCES:
Pursuant to Paragraph 36 of the General Conditions, the Contract shall include the following cash
allowances in the proposal.
(a) For (Page of Specifications) $
(b) For (Page of Specifications) $
(c) For (Page of Specifications) $
(d) For (Page of Specifications) $
30
3. SPECIAL HAZARDS
The Contractor's and its/his/her Subcontractor's Public Liability and Property Damage Insurance
shall provide adequate protection against the following special hazards:
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE
AND PROPERTY DAMAGE INSURANCE
As required under Paragraph 28 of the General Conditions, the Contractor's Public Liability
Insurance and Vehicle Liability Insurance shall be in an amount not less than
$ for injuries, including accidental death, to any person, and subject to the
same limit for each person, in an amount not less than $ on account of one
accident, and Contractor's Property Damage Insurance in an amount not less than
The Contractor shall either (1) require each Subcontractor to procure and to maintain during
the life of the subcontract, Subcontractor's Public Liability and Property Damage Insurance of the
type and in the same amounts as specified in the preceding paragraph or (2) insure the activities
of the Subcontractors in its/his/her own policy.
5. PHOTOGRAPHS OF PROJECT
As provided in Paragraph 49 of the General Conditions, the Contractor will furnish
photographs in the number, type, and stage as enumerated below.
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM
HOURLY WAGE RATES AS REQUIRED UNDER PARAGRAPH 51 OF THE
GENERAL CONDITIONS
As given in the Contract.
7. BUILDER'S RISK INSURANCE
As provided in the General Conditions, Paragraph 28(e), the Contractor will maintain
Builder's Risk Insurance (Fire and Exte?} Coverage) on a one hundred percent (1O0 %)
completed value basis on the insurable porfions of the Project for the benefit of the Owner, the
Contractor, and all Subcontractors, as their interests may appear.
8. SPECIAL EQUAL OPPORTUNITY PROVISIONS
The Equal Opportunity Language is contained within the Contract.
31
9. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
Applicable only to Federally assisted construction contracts and related subcontracts
exceeding $100,000.
COMPLIANCE WITH AIR AND WATER ACTS: During the performance of this
Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean
Air Act, as amended, 42 USC 1857 et. seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 et. seq., and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR 15, as amended. In addition to the foregoing requirements, all non - exempt
contractors and subcontractors shall fumish to the Owner, the following:
(1) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in the
performance of any nonexempt contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the Contractor to comply with all the requirements of Section 114 of the
Clean Air Act, as amended, (42 USC I 857c -8) and Section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114 and Section 308, and
all regulations and guidelines issued thereunder.
(3) A stipulation that as a condition for the award of the Contract, prompt notice will be
given of any notification received from the Director, Office of Federal Activities, EPA, indicating
that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the
EPA List of Violating Facilities.
(4) Agreement by the Contractor that it/he/she will include, or cause to be included, the
criteria and requirements in Paragraph (1) through (4) of this section in every nonexempt
subcontract and requiring that the Contract will take such action as the Government may direct
as a means of enforcing such provisions.
10. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS
AND ACCIDENT PREVENTION.
(A) LEAD -BASED PAINT HAZARDS (Applicable to Contracts for construction or
rehabilitation of residential structures): The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regulations, 24 CFR 35. The Contractor and
Subcontractors shall comply with the provisions for elimination oflead -based paint hazards under
Subpart B of said regulations. The owner will be responsible for the inspections and certifications
required under Section 35.14(F) thereof.
32
(B) USE OF EXPLOSIVES (Modify as Required): When the use of explosives is
necessary for the prosecution of the work, the Contractor shall observe all local, State and Federal
laws in purchasing and handling explosives. The Contractor shall take all necessary precaution
to protect completed work, neighboring property, water lines, or other underground structures.
Where there is danger to structures or property from blasting, the charges shall be reduced and
the material shall be covered with suitable timber, steel, or rope mats.
The Contractor shall notify all owners of public utility property of intention to use explosives
at least eight (8) hours before blasting is done, closed to such property. Any supervision or
direction ofuse of explosives by the Engineer does not in any way reduce the responsibility of the
Contractor or its/his/her Surety for damages that may be caused by such use.
(C) DANGER SIGNALS AND SAFETY DEVICES (Modify as Required): The
Contractor shall make all necessary precaution to guard against damages to property and injury
to persons. It/He /She shall put up and maintain in good conditions, sufficient red orwaming lights
at night, suitable barricades and other devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the Owner may have such lights and
barricades installed and charge the cost of this work to the Contractor. Such action by the Owner
does not relieve the Contractor of any liability incurred under these specifications or contract.
33
TERMS AND CONDITIONS OF THE CONTRACT
1. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the
Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract,
or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract,
the Local Public Agency shall thereupon have the right to terminate this Contract by giving
written notice to the Contractor of such termination and specifying the effective date thereof, at
least five (5) days before the effective date of such termination. In such event, all records and data,
at the option of the Local Public Agency become its property.
Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public
Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract
by the Contractor, and the Local Public Agency may withhold any payments to the Contractor
for the purpose of set -off until such time as the exact amount of damages due the Local Public
Agency from the Contractor is determined.
2. REPORTS AND INFORMATION. The Contractor, at such times and in such forms as
the Local Public Agency may require, shall furnish the Local Public Agency such periodic reports
as it may request pertaining to the work or services undertaken pursuant hereto, the costs and
obligations incurred or to be incurred in connection therewith, and any other matters covered by
this Contract.
3. RECORDS AND AUDITS. The Contractor shall maintain accounts and records,
including personnel, property and financial records, adequate to identify and account for all costs
pertaining to the Contract and such other records as maybe deemed necessary by the Local Public
Agency to assure proper accounting for all project funds. These records will be made available
for audit purposes to the Local Public Agency or any authorized representative, and will be
retained for three (3) years after the expiration of this Contract unless permission to destroy them
is granted by the Local Public Agency.
4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract,
the Contractor agrees as follows: -
a. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting forth
the provisions of this non - discrimination clause.
34
b. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, or national origin.
c. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice to be
provided advising said labor union or workers' representatives of the Contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
d. The Contractor will comply with all provisions of Executive Order 11246 of
September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to such books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
f. In the event of the Contractor' s non - compliance with the non - discrimination clauses
of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Govemment contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Orderl 1246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
applicable law.
g. The Contractor will include the portion of the sentence immediately preceding
paragraph a. and the provisions of paragraphs a. through g. in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor will take such action with respect to
any subcontractor or purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanction for non - compliance: provided, however, that in the
event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the administering agency, the Contractor may request
the United States to enter into such litigation to protect the interests of the United States.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no
person shall, on the grounds of race, color, religion or religious affiliation or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
35
6. 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.
7. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING,
EMPLOYMENT AND BUSINESS OPPORTUNITIES.
The work to be performed under this contract is on a project assisted under a program
providing federal financial assistance from the Department of Housing and Urban Development
through the State of Texas and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, 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 concerns which are located in or owned in substantial part by persons residing in the
project area.
8. SECTION 504 OF THE REHABILITATION ACT OF 1973. The Contractor will
not discriminate against any employee or applicant foremploymentbecause of physical or mental
handicap in regard to any position for which the employee or applicant for employment is
qualified.
9. INTEREST OF MEMBERS OF A LOCAL PUBLIC AGENCY. No member of
the governing body of the Local Public Agency and no other officer, employee, or agent of the
Local Public Agency who exercises any functions or responsibilities in connection with the
planning and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and the Contractor shall take appropriate steps to assure compliance.
10. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the
governing body of the Local Public Agency and no other public official of such locality, who
exercises any functions or responsibilities in connection with the planning and carrying out of the
program, shall have any personal financial interest, direct or indirect, in this Contract; and the
Contractor shall take appropriate steps to assure compliance.
11. ARCHITECTURAL BARRIERS. All design specifications for the construction
of any building or residence shall provide access to the physicallyhandicapped in accordance with
the Architectural Barriers Act of 1968; the American With Disabilities Act of 1990 (28 CRF Part
36), and applicable Texas statutes.
12. THE GOVERNMENT -WIDE RESTRICTION ON LOBBYING prohibits
spending CDBG funds to influence or attempt to influence federal officials; requires the filing of
a disclosure form when non -CDBG funds are used for such purposes; requires certification of
36
compliance by the state to include the certification language in grant awards it makes to units of
general local government at all tiers and that all subrecipients shall certify accordingly as imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall
be subject to civil penalty of not less than $10,000 and not more than $100,000 for each failure.
37
LABOR STANDARDS PROVISIONS OF THE CONTRACT
Taken from: U.S. Department of Housing and Urban Development
HUD -4010 (2 -64)
APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains
is being assisted by the United States of America and the following Federal Labor Standards
Provisions are included in this Contract pursuant to the provisions applicable to such Federal
Assistance.
A. 1(i) Minimum Wages. All laborers and mechanics employed or working upon the site
of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949
in the construction or development of the project), will be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary or Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor, regardless of any contractual relationship which
may be alleged to exist between the Contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the
Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provision of 29 CFR 55(a)(1 )(iv); also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs, which cover the particular weekly period, are deemed to be constructively
made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for
the time actually worked therein: Provided, that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)
and the Davis -Bacon poster (WH -1 321) shall be posted at all times by the Contractor and its
Subcontractors at the site of the work in a prominent and accessible place where it can be easily
seen by the workers.
A.1(ii)(a) Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance
with the wage determination. U.S. Department of Labor shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
38
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bonafide fringe benefits bears a reasonable
relationship to the wage rates contained in the wage determination.
A.1(ii)(b) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or other representatives and the State of Texas agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the State of Texas to the Administrator
of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC. 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action with 30 days of receipt and so advise
the State of Texas or will notify the State of Texas within the 30 -day period that additional time
is necessary.
A.1(ii)(c) In the event the Contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the State of Texas do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where
appropriate), the State of Texas shall refer the questions, including the views of all interested
parties and the recommendation of the State of Texas, to the Administrator for determination
within 30 days of receipt and so advise the State of Texas or will notify the State of Texas within
the 30 -day period that additional time is necessary.
A.1(ii)(d) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1 )(b) or (c) of this paragraph, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is performed in the
classification.
A.1(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
A.1 (iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits if its under a plan or program,
provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may
require the Contractor to set aside in a separate account assets for the meeting of obligations under
the plan or program.
A.2 Withholding. The State of Texas shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld from
the Contractor under this contract or to any other Federal contract with the same prime contractor,
or any other Federally - assisted contract subject to the Davis -Bacon prevailing wage requirements,
39
which is held by the same prime contractor so much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including apprentices, trainees and
helpers, employed by the Contractor or any Subcontractor the full amount of wages required by
the Contract. In the event of failure to a any laborer or mechanic, including any apprentice, trainee
or helper, employed or working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the project), all
or part of the wages required by the contract, the State of Texas, may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have
ceased. The State of Texas, may, after written notice to the Contractor, disburse such amounts
withheld for and on account of the contractor or subcontractor to the respective employees to
whom they are due. The Comptroller General shall make such disbursements in the case of direct
Davis -Bacon Act Contracts.
A.3(i) Payrolls and basic records. Payroll and basic records relating thereto shall be
maintained by the Contractor during the course of the work preserved for a period of three (3)
years thereafter for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project). Such records shall contain the name, address, and social security number of each
such worker, his/her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section 1 (b)(2)(b) of the Davis -Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(i)(iv) that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in Section
I (b)(2)(b) of the Davis -Bacon Act, the Contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification
of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
A.3(ii)(a) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the State of Texas if the agency is a party to the contract, but
if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor,
or owner, as the case may be, for transmission to the State of Texas. The payrolls submitted shall
set out accurately and completely all of the information required to be maintained under 29 CFR
Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347
is available for this purpose and may be purchased from the Superintendent of Documents
(Federal Stock Number 029 - 005- 00014 -1), U.S. Government Printing Office, Washington, D.C.
20402. The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors.
40
A.3(ii)(b) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or Subcontractor or its/his/her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee
employed on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly from the full wages earned other than permissible
deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.
A.3(ii)(c) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A.3(ii)(b) adds section.
A.3(ii)(d) The falsification of any of the above certifications may subject the Contractor or
Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
A.3(iii) The Contractor or Subcontractor shall make the records required under paragraph
A.3(i) of this section available for inspection, copying, or transcription by authorized
representatives of the State of Texas or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the Contractor or
Subcontractor fails to submit the required records or to make them available, the State of Texas
may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available
may be grounds for debarment action pursuant to 29 CFR Part 5.12.
A.4(i) Apprentices and Trainees. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and
individually registered in bona fide apprenticeship programs registered with the U.S. Department
of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or
with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his
or her first 90 days or 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 Training or a State Apprenticeship Agency (where appropriate) to
be eligible or probationary employment as an apprentice. The allowable rate of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted
to the Contractor as to the entire work force under the registered program. Any worker listed on
41
a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,
shall be paid not Less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a
Contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determined that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is approved.
A.4(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed pursuant to
and individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeyman on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less
than the rate specified in the approved program for the trainee's level of progress, expressed as
a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
A.4(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
42
A.5. Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
A.6. Subcontracts. The Contractor or Subcontractor will insert in any subcontracts the
clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the State of
Texas may by appropriate instructions require, and also a clause requiring the Subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in
29 CFR Part 5.5.
A.7. Contract Termination; Debarment. A breach of the contract clauses in 29 CFR 5.5 may
be grounds for termination of the contract, and for debarment as a Contractor and a Subcontractor
a provided in 29 CFR 5.12.
A.8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract.
A.9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth
in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between
the Contractor (or any of its Subcontractors) and HUD or its designee, the U.S. Department of
Labor, or the employees or their representatives.
A.10(i) Certification of Eligibility. By entering into this contract, the Contractor certifies
that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm
is a person or fine ineligible to be awarded Government contracts by virtue of Section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD
programs pursuant to 24 CFR Part 24.
A.10(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR Part
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
A.10(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal
Housing Administration transactions ", provides in part: "Whosoever, for the purpose of
influencing in any way the action of such Administration...makes, utters or publishes any
statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
A.11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to
whom the wage, salary, or other labor standards provisions of this contract are applicable shall
43
be discharged or in any other manner discriminated against by the Contractor or any
Subcontractor because such employee has filed any complaint or instituted or caused to be
instituted any proceeding or has testified or is about to testify in any proceeding under or relating
to the labor standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms
"laborers" and "mechanics" include watchmen and guards.
B.1. Overtime requirements. No Contractor or Subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one -half times the basic rate of pay for all
hours worked in excess of 40 hours in such workweek, whichever is greater.
B.2. Violation: Liability for unpaid wages; Liquidated damages. In the event of any violation
of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any Subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and
Subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such Liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in subparagraph (1)
of this paragraph, in the sum of $10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of 40 hours without payment of the
overtime wages required by the clause set forth in subparagraph (1) of this paragraph.
B.3. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Contractor or Subcontractor under any such contract or any other Federal contract with the same
prime contract, or any other Federally - assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
B.4. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the
clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety.
C.1 No laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to this health and safety as determined
44
under construction safety and health standards promulgated by the Secretary of Labor by
regulation.
C.2. The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition
of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54,
83 Stat 96).
C.3. The Contractor shall include the provisions of this Article in every subcontract so that
such provisions will be binding on each Subcontractor. The Secretary of Housing and Urban
Development, the Secretary of Labor, or the State of Texas shall direct as a means of enforcing
such provisions.
45
01,22/2003 WED 10:20 FAX SHEETS S. CROSSFIELD P.C.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER ROWLEY INSURANCE
6805 GUADALUPE
AUSTIN,
INSURED
TX 78752 -3697
R & B ENTERPRISES, INC.
dba OLIVER ROOFING SYSTEMS
P 0 BX 180191
AUSTIN, TX 78718
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above witti 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.
CU TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE
GENERAL
A NA061002 06/10/2002 06/10/2003
B AUTOMOBILE LIABILITY TA2328738 11/10/2002 11/10/2003
EXCBSS LIABILITY
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS /EXCEPTIONS
Construction Repairs, Round Rock Senior Citizen Center
Date: 0 1/23/2003
COMPANIES AFFORDING COVERAGE
A C/L CONTINENTAL WESTERN INSURANCE CO.
g C/L UNION STANDARD LLOYDS
C
D
LIMITS
GENERAL AGGREGATE 5 2000000
PRODUCTS•COMP /OP AGG. $ 2000000
PERSONAL& ADV. INJURY $ 1000000
EACII OCCURRENCE 5 1000000
FIRP. DAMAGE (Any one fire) S 100000
MEI). EXPENSE: (Any one person) 5 5000
COMBINED SINGLE LIVID- 5 500000
BODILY INJURY (Per person) S 250000
BODILY INJURY (Per aead110 5
PROPERTY DAMAGE S 250000
EACH OCCURRENCE
AGGREGATE
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT S
DISEASE - EACH EMPLOYEE S
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability.
Should any of the above described policies be cancelled or changed before the expiration date thereof, the isnuh,g Lumpany will mad the ty
(30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
attn: Christine Martinez
SIGNATURE OF AUTHORIZED REPRESENTATIVE
Typed Name. KEN ROWLEY
Tide. PRES
fioO2: o02
_ 01,/22/2003 WED 10:20 FAX SHEETS & CROSSFIELD P.C.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
Eisenmann Risk Placements, Inc,
14160 Dallas Parkway, Ste. 500
Dallas, TX 75254
INSURED
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
OTHER
CERTIFICATE HOLDER:
City of Round Ruck
221 E. Main Street
Round Rock. Texas 78664
attn: Christine Martinez
COMPANIES AFFORDING COVERAGE
A DALLAS FIRE INSURANCE COMPANY
R & B Enterprises, Inc. C
dba Oliver Roofing Systems
P 0 Box 180191 D
Austin, TX 78718
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.
LIMITS
GENERAL AGGREGATE S
PRODUCTS.COMP /OP AGG. $
PERSONAL Rc ADV. INJURY $
EACII OCCURRENCE $
FIRE DAMAGE (Any one ('ire) S
MED. EXPENSE (Any one person) 5
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY IMIJRY (Per accidcn0 $
PROPERTY DAMAGE $
EACH OCCURRENCE
AGGREGATE
WORKERS COMPENSATION '
A ANDEMPL0YER5' LIABILITY DWCO20001 7/19/2002 7/19/2003 STATUTORY LIMITS
EACH ACCIDENT
DISEASE -POLICY LIMIT
DISEASE - EACH EMPLOYEE
C� o
Name: Nae: C A Green, Jr.
Tide: v P
Date: 1/23/2003
S 1000000
$ 1000000
$ 1
e 002.002
DESCRIPTION OF OPERATIONS /LOCA'r1ONS /VEHICLES /SPECIAL ITEMS /EXCEPTIONS
Insured is afforded Workers Compensation F. Employers Liability as a co- employer
under the Policy for employees leased from AMS Staff Leasing.
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 be cancelled or changed before the expiration date thereof, the Isbuiug company will mall thirty
(30) days written notice to the certificate holder named below.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
TO: Christine Martinez
City Secretary
DATE: January 8, 2003
attachment
CITY OF ROUND ROCK
INTEROFFICE MEMORANDUM
FROM: Mona Ryan
Community velo = ent Coordinator
SUBJECT: Agenda Item 9.D.1. - Oliver Roofing Systems Contract
Page 29, Supplemental Conditions of the Contract,
Item 11: Wage Determinations
The wage determination has not been included. Attached is the wage determination
that is part of the contract. Please include this with the bluesheet for the Council
meeting on January 9, 2003.
WAIS Document Retrieval Page 1 of 3
GENERAL DECISION TX020100 06/07/2002 TX100
Date: June 7, 2002
General Decision Number TX020100
Superseded General Decision No. TX010100
State: TEXAS
Construction Type:
BUILDING
County(ies):
CALDWELL HAYS WILLIAMSON
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments up
to and including 4 stories). (Use current Heavy and Highway
General Wage Determination for Paving and Utilities Incidental to
Building Construction).
Modification Number Publication Date
0 03/01/2002
1 06/07/2002
COUNTY(ies):
CALDWELL HAYS WILLIAMSON
* ELECO520B 06/05/2002
Rates Fringes
ELECTRICIANS (Including Sound,
Communication, Signalling
and Alarm Installation) 23.40 2.40 +10%
* IRON0482C 06/01/2002
Rates Fringes
IRONWORKERS- STRUCTURAL
(Excluding Metal Building
Erection) 16.65 4.65
PLUMO286B 06/01/2001
Rates Fringes
PLUMBERS (Including HVAC Work) 20.57 4.81
PLUMO286C 06/01/2001
Rates Fringes
PIPEFITTERS (Excluding HVAC Work) 20.57 4.81
SHEE0067D 07/01/2000
Rates Fringes
SHEETMETAL WORKER (Including
HVAC Duct Work) 21.06 5.71
SUTX1041A 03/10/1995
Rates Fringes
http: / /frwebgate.access.gpo.gov /cgi- bin /getdoc.cgi ?dbname =D avis- Bacon &docid= TX020100 1/8/03
WAIS Document Retrieval Page 2 of 3
BRICKLAYER 14.46
CEMENT MASON
POWER EQUIPMENT OPERATOR:
Front End Loader
SPRINKLER FITTER
WAGE DETERMINATION APPEALS PROCESS
9.32
CARPENTER (Including Acoustical
Installation and Excluding Drywall
Hanging) 10.85
DRYWALL HANGER 11.04
GLAZIER 10.79
LABORERS:
Common 7.07
Brick Tender 8.00
PAINTER -BRUSH (Including Drywall
Finishing) 9.00
9.60
13.50
* 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
2.04
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
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)(v)).
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
1.) Has there been an initial decision in the matter? This can
be:
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
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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 1.8 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:
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 final.
END OF GENERAL DECISION
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