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R-97-06-26-10E - 6/26/1997WHEREAS, the City of Round Rock desires to undertake several projects that are funded, in part, with federal monies, and WHEREAS, federal law requires the City to observe certain procedures in the competitive bidding process, and WHEREAS, the federal bidding procedure requirements are consistent with the laws of the State of Texas, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the contracting procedures attached hereto as Exhibit "A" are hereby approved for projects involving federal funds. RESOLVED this 26th day of June, 1997. ATTEST: E LAND, City Secretary K:\ WPDOC S\RESOLtTI \RE70626E.WPD /Seg RESOLUTION NO. R- 97- 06- 26 -10E Quo CHARLES CULPEPPER, Mayor City of Round Rock, Texas EXHIBIT "A" 1 of 3 The following information represents general requirements, and policy relating to Federal - Aid enhancement project bidding procedures. These guidelines follow 23 C:I-R 635A, Federal -Aid Policy Guide (FAPG), Subchapter G, which sets out in detail contract procedures. The FAPG is the primary and complete source of reference which must be adhered to. • Licensing and qualification of contractors: There may be no procedure or requirement in place which restricts competition or prevents submission of a bid by a resident or nonresident of Texas. A contractor who is currently suspended, debarred, or voluntarily excluded from, or determined to be ineligible for bidding by any Federal agency, may not be awarded an enhancement project contract. • Advertising for bids: The project advertisement as well as the approved plans and specifications must be available to bidders a minimum of 3 weeks prior to the opening of bids. Nondiscriminatory bidding procedures must be afforded to all qualified bidders. No public agency is permitted to bid in competition or enter into subcontracts with private contractors. The bidder shall file a signed statement certifying that the firm has not participated in any collusive activity or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. Failure to do so will render the bid nonresponsive. The statement must be in the form of either a sworn affidavit before a person who is authorized by the laws of Texas to administer oaths or in the form of an unworn declaration executed under penalty or perjury of the laws of the United States. The bid document must include a lobbying certification. The bid document must reflect the requirements which make the bid responsive. Failure to comply with the requirements will make the bid nonresponsive and not eligible for award consideration. ♦ Bid opening and bid tabulation: All bids received in accordance with the terms of the advertisement must be publicly opened read either by bid item or total amount bid. Negotiation with bidders following the opening of bids and prior to contract award is not permitted. EXHIBIT "A" 2 of 3 The following is a list of the current applicable Federal Labor Laws. The Contract Work Hours and Safety Standard Act (CWHSSA) establishes a standard work day of 8 hours and a standard work week of 40 hours, and that work in excess of 40 hours per week shall be compensated for at rates not less than one and one -half times the basic rate of pay. The Copeland "Anti- Kickback" Act makes it a criminal offense for any person to make unauthorized deductions, or to exact rebates from the wages paid to any person employed in the construction, prosecution, completion, or repair of any public work, financed in whole or in part with federal funds. The Davis -Bacon and Related Acts (DBRA) requires the inclusion of minimum wage rates for laborers and mechanics employed on the site of Federal -aid contracts for construction, alteration of repair, painting and decorating of public buildings or public works. The Fair Labor Standards Act (FLSA) sets a minimum wage, overtime pay, record keeping and child labor standards for employees who are covered by the Act and are not exempt form specific provisions. In addition Form FHWA 1273 identifies specific contractor and " subcontractor requirements regarding EEO and Labor matters. Form FHWA 1273 - must be incorporated on all Federal -aid contracts and subcontracts agreements over $ 10,000. EXHIBIT "A" 3 of 3 The following is a list of federal Equal Employment Opportunity contract requirements that are mandated by the Federal -Aid Policy Guide, Subchapter C - Civil Rights, 23 CFR parts 200 thru 230 . PART 200 - TITLE VI PROGRAM AND RELATED STA'lU3 S - IMPLEMENTATION AND REVIEW PROCEDURES. Each federal - aid contract will contain guidelines for: (a) Implementing the Federal Highway Administration Title VI compliance program under Title VI of the Civil Rights Act of 1964 and related civil rights laws and regulations, and (b) conducting Title VI program compliance reviews relative to the Federal -aid highway program. PART 230 - EXTERNAL PROGRAMS, SUBPART A - EQUAL EMPLOYMENT OPPORTUNITY ON FEDERAL AND FEDERAL -AID CONSTRUCTION CONTRACTS (INCLUDING SUPPORTIVE SERVICES). Prescribes the policies, procedures, and guides relative to the implementation of an equal employment opportunity program on Federal and Federal -aid highway construction contracts, except for those contracts awarded under 23 U.S.C. 117, and to the preparation and submission of reports pursuant thereto. PART 230 - EXTERNAL PROGRAMS, SUBPART B - SUPPORTIVE SERVICES FOR MINORITY, DISADVANTAGED, AND WOMEN BUSINESS ENTERPRISES. Prescribes the policies, procedures, and guidance to develop, conduct, and administer supportive services assistance programs for minority, disadvantaged, and women business enterprises. PART 230 - EXTERNAL PROGRAMS, SUBPART C - STATE HIGHWAY AGENCY EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS. Sets forth Federal Highway Administration (FHWA) Federal -aid policy and FHWA and State responsibilities relative to a State highway agency's internal equal employment opportunity program and for assuring compliance with the equal employment opportunity requirements of federally- assisted highway construction contracts. Part 230 - EXTERNAL PROGRAMS, SUBPART D - CONSTRUCTION EQUAL OPPORTUNITY COMPLIANCE PROCEDURES. Prescribes polices and procedures to standardize the implementation of the equal opportunity contract compliance program, including compliance reviews, consolidated compliance reviews, and the administration of areawide plans. The following contracting guidelines and procedures will be used for Public Works projects using Federal Aid. These guidelines follow 23 CFR 635A, Federal -Aid Policy Guide (FAPG), Subchapter G, which sets out in detail contract procedures. The FAPG is the primary and complete source of reference which must be adhered to. + Licensing and qualification of contractors: No procedure or requirement will be established which restricts competition or prevents submission of a bid by a resident or nonresident of Texas. A contractor who is currently suspended, debarred, or voluntarily excluded from, or determined to be ineligible for bidding by any Federal agency, may not be awarded an enhancement project contract. (Form Attached) t Advertising for bids: The project advertisement as well as the approved plans and specifications shall be available to bidders a minimum of 3 weeks prior to the opening of bids. Nondiscriminatory bidding procedures must be afforded to all qualified bidders. No public agency is permitted to bid in competition or enter into subcontracts with private contractors. The bidder shall file a signed statement certifying that the firm has not participated in any collusive activity or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. Failure to do so will render the bid nonresponsive. The statement must be in the form of either a sworn affidavit before a person who is authorized by the laws of Texas to administer oaths or in the form of an unworn declaration executed under penalty or perjury of the laws of the United States. (Form Attached). The bid document shall include a lobbying certification. (Form Attached) The bid document must reflect the requirements which make the bid responsive. Failure to comply with the requirements will make the bid nonresponsive and not eligible for award consideration. ♦ Bid opening and bid tabulation: All bids received in accordance with the term of the advertisement will be publicly opened read either by bid item or total amount bid. Negotiation with bidders following the opening of bids and prior to contract award is not permitted. + The contract shall incorporate and require compliance with the following applicable Federal Labor Laws: The Contract Work Hours and Safety Standard Act (CWHSSA) establishes a standard work day of 8 hours and a standard work week of 40 hours, and that work in excess of 40 hours per week shall be compensated for at rates not less than one and one -half times the basic rate of pay. The Copeland "Anti- Kickback" Act makes it a criminal offense for any person to make unauthorized deductions, or to exact rebates from the wages paid to any person employed in the construction, prosecution, completion, or repair of any public work, financed in whole or in part with federal funds. The Davis -Bacon and Related Acts (DBRA) requires the inclusion of minimum wage rates for laborers and mechanics employed on the site of Federal -aid contracts for construction, alteration of repair, painting and decorating of public buildings or public works. The Fair Labor Standards Act (FLSA) sets a minimum wage, overtime pay, record keeping and child labor standards for employees who are covered by the Act and are not exempt form specific provisions. + In addition Form FHWA 1273 identifies specific contractor and subcontractor requirements regarding EEO and Labor matters: Form FHWA 1273 - must be incorporated on all Federal -aid contracts and subcontracts agreements over $ 10,000. The following is a list of federal Equal Employment Opportunity contract requirements that are mandated by the Federal -Aid Policy Guide, Subchapter C - Civil Rights, 23 CFR parts 200 thru 230 and are incorporated into these procedures. PART 200 - TITLE VI PROGRAM AND RELATED STATUTES - IMPLEMENTATION AND REVIEW PROCEDURES. Each federal -aid contract will contain guidelines for: (a) Implementing the Federal Highway Administration Title VI compliance program under Title VI of the Civil Rights Act of 1964 and related civil rights laws and regulations, and (b) conducting Title VI program compliance reviews relative to the Federal -aid highway program. PART 230 - EXTERNAL PROGRAMS, SUBPART A - EQUAL EMPLOYMENT OPPORTUNITY ON FEDERAL AND FEDERAL -AID CONSTRUCTION CONTRACTS (INCLUDING SUPPORTIVE SERVICES). Prescribes the policies, procedures, and guides relative to the implementation of an equal employment opportunity program on Federal and Federal -aid highway construction contracts, except for those contracts awarded under 23 U.S.C. 117, and to the preparation and submission of reports pursuant thereto. PART 230 - EXTERNAL PROGRAMS , SUBPART B - SUPPORTIVE SERVICES FOR MINORITY, DISADVANTAGED, AND WOMEN BUSINESS ENTERPRISES. Prescribes the policies, procedures, and guidance to develop, conduct, and administer supportive services assistance programs for minority, disadvantaged, and women business enterprises. PART 230 - EXTERNAL PROGRAMS, SUBPART C - STATE HIGHWAY AGENCY EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS. Sets forth Federal Highway Administration (FHWA) Federal -aid policy and FHWA and State responsibilities relative to a State highway agency's internal equal employment opportunity program and for assuring compliance with the equal employment opportunity requirements of federally - assisted highway construction contracts. Part 230 - EXTERNAL PROGRAMS, SUBPART D - CONSTRUCTION EQUAL OPPORTUNITY COMPLIANCE PROCEDURES. Prescribes polices and procedures to standardize the implementation of the equal opportunity contract compliance program, including compliance reviews, consolidated compliance reviews, and the administration of area wide plans. Fedaid2/twepeo DATE: June 23, 1997 SUBJECT: City Council Meeting, June 26, 1997 ITEM: 10E. Consider a resolution for the approval of revised contracting procedure for projects involving federal funds. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The projects on McNeil Road at CR 172 and for the Mays Street sidewalks will utilize federal funds for construction. The use of federal funds requires the modification of our contracting procedures for these projects. The changes involve bidding procedures as well as requirements for the use of Disadvantaged Businesses and numerous EEO requirements. The requirements are summarized on the attached three pages. Staff recommends the adoption of these contract procedures for Federal -Aid transportation projects.