R-99-12-16-13D3 - 12/16/1999RESOLUTION NO. R- 99- 12- 16 -13D3
WHEREAS, the City of Round Rock has duly advertised for bids for
the construction of Park Valley Drive from Wyoming Springs Drive to
Oakwood Boulevard, and nn n
WHEREAS, 5m ITN eD £f CTiNG ) 2/$16, has submitted the lowest and
best bid, and
WHEREAS, the City Council wishes to accept the bid of
Sfnral @OIVTE/CTMC,-- `D,,J -NC., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized / and directed to execute on
behalf of the City a contract with SmlrN O.Onrr2RC for the
construction of Park Valley Drive from Wyoming Springs Drive to Oakwood
Boulevard, a copy of said contract being attached hereto and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 16th day of D 199
AT ST:
i14.44 a � L
E LAND, City Secretary
x : \WPOOCS\RESOLUZ: \x9rnsn.wPO /ec
4
'rTS A. STLUKA, R., Mayor
City of Round Roc Texas
DATE: December 10, 1999
SUBJECT: City Council Meeting — December 16, 1999
ITEM: 13.D.3. Consider a resolution authorizing the Mayor to execute a contract
for the construction of Park Valley Drive (from Wyoming Springs
Drive to Oakwood Boulevard). The bids for this project will be
opened on December 14, 1999. This project includes 0.426 miles of
roadway construction, drainage improvements and utilities on Park
Valley Drive from Wyoming Springs Drive to Oakwood Boulevard. A
recommendation will be made at the Council meeting. Staff Resource
Person: Jim Nuse, Public Works Director.
02/09/2000 14:39 FAX 5122185503 CORR PUBLIC WORKS
RECEIVED F 1 0 2000.;
Dale
�i C lq -IL lip -1303
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER Insurance Network of Texas
143 E. Austin
Giddings,Texas 78942
COMPANIES AFFORDING COVERAGE
A Bituminous Insurance
B Colonial Casualty Insurance
C
2 -7-00
INSURED Smith Contracting •ctpany
15308 Ginger
D
Austin Texas 78728
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
by the companies, and further hereinafter described. Exceptions to the policies are noted below
CO TYPE OF INSURANCE POLICY
LTR NUMBER
A
GENERAL LIABILITY
AUTOMOBILE LIABILITY
A CAP3071664B
A
B
EXCESS LIABILITY
OTHER
CLP3071662B 10 -14 -99 10 -14 -00
CUP2529315B 10 -14 -99
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY
WC996475 10 -14 -99
ESE EXPIRATION
DATE DATE
10 -14 -99 10 -14 -00
PBD - 7
10 -14 -00
10-11-00
DESCRIPTION OP oPBRATIONSILOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS
JOB- Park Valley Drive Roadway Construction and Drainage Inprovemlents
LIMITS
GENERAL AGGREGATE $ 2,000,00O.UU
PRODUCTS- COMP /OP AOG. 0 2,000,000.00
PERSONAL & ADV. INJURY $ 1,000,000.00
EACH OCCURRENCE $1,000,000.00
FIRE DAMAGE (Any one Orc) $ 100,000.00
MED. EXPENSE (Any one person) $ 5,000.00
COMBINED SINGLE LIMIT $ 1,000,000.0()
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) 5
PROPERTY DAMAGE $
EACH OCCURRENCE 53,000,000.00
AGGREGATE $3,000,000.00
STATUTORY LIMrF$
EACH ACCIDENT $ 2,000,000.00
DISEASE - POLICY LIMIT $ 2,000,000.00
DISEASE - BACH EMPLOYEE S 2,000,000.00
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any
of the above described policies by cancelled or changed before the expiration date thereof. the issuing company will mail thirty (70) days wrinen notice
to the certificate holder named below-
CERTIFICATE HOLDER; City of nMa Round Rock
Round Rock, Texas 78664
attm Joanne Land
SIGNATURE OP AUTHORIZED REPRESENTATIVE
Typed Name: R. itsrhe
Title: CEO
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1 THE CITY, F''ROUND ROCK
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DEPARTMENT OF PUBLIC WORKS
1 COUNTY: VVILLIAMS,ON
ROADWAY: PARK VALLEY DRIVE
NET LENGTH OF PROJECT = 2251 :93 FT
LIMITS �'
FROM WYOMING `SPRINGS DRIVE TO OA44 VOOD BOULEVARD
FOR THE CONSTRUCTION'; OF A NON"-FREEWAY FACILITY
CONSISTING OF GRADING; FLEX BASE.ASPHALTIC CONCRETE
PAVEMENT, STORM SEWERS, PAVEMENT,MARKINGS, SIGNING AND UTILITIES.
''Y7r : 1�
;`�,� � fit''' � �� � th .41 F ). 1.',ge
&H
PREPARED FOR:
R- 9q-/-/(
PODkIGUI Z & HIUGGINS, INC.
CONSULTNG ENGINEERS
11211 TAYLOR DRAPER LANE SUITE 102. AUSTIN, TEXAS 78769
PH 61 2 231 9644 . FX: 51 2 231 9133
DATE: NOVEMBER 1999
JOB NUMBER: 811.02
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COMPLIANCE WITH AIR AND WATER ACTS
In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. Seq., and the regulations of the En-
vironmental Protection Agency with respect thereto, the Contractor agrees that:
1. Any facility to be utilized in the performance of this contract or any subcontract shall not be a fa-
cility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20.
2. He will comply with all requirements of Section 114 of the Clean Air Act, as amended.
EQUAL EMPLOYMENT OPPORTUNITY
A. The Contractor will not discriminate against any employee or the applicant for employment because
of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, in-
cluding apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the owner.
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, color, religion, sex, national origin.
C. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this contract so that such provisions will be binding upon each subcontractor, provided
that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial
supplies or raw materials.
D. The goals and timetables for minority and female participation, are as follows:
Timetables
Goals for Goals for
Minority female
Participation participation
For each trade in each trade
Insert Goals * * ** 6.9%
From Attachment 7 -AA
These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally as-
sisted) performed in the covered area.
E. The Contractor shall take affirmative actions to ensure equal employment opportunity. The evalua-
tion of the Contractor's compliance with these specifications shall be based upon its effort to achieve
maximum results from its actions.
F. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling their af-
firmative action obligations.
G. A single goal for minorities and a separate single goal for women have been established. The Con-
tractor, however, is required to provide equal employment opportunity and to take affirmative action
for all minority groups, both male and female, and all women, both minority and non - minority.
H. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex, or national origin.
I. The Contractor shall not enter into any Subcontract with any person or firm debarred from Govern-
ment contracts.
J. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of
local or other area residents.
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
The Contractor will not discriminate against any employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat quali-
fied handicapped individuals without discrimination based upon their physical or mental handicap in all em-
ployment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertis-
ing, layoff or termination, rates of pay or other forms of compensation, and selection for training, including ap-
prenticeship.
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 par-
ticipation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.
THE PROVISIONS OF LOCAL TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES
A. To the greatest extent feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be awarded to
business concerns which are located in, or owned in substantial part by persons residing in the area
of the project.
B. The Contractor will include this clause in every subcontract for work in connection with the project.
NON SEGREGATED FACILITIES
The Contractor cert ifies that he does not and will not maintain or provide for his employees any segregated fa-
cilities at any of his establishments, and that he does not hand will not permit his employees any segregated fa-
cilities at any of his establishments, or permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities"
means any waiting rooms, work areas, rest rooms, and washrooms, restaurants and other eating areas, time
clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter-
tainment areas, transportation, and housing facilities provided for employees which are segregated by explicit
directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local
custom or otherwise.
SMITH CONTRACTING COMPANY, INC.
CONTRACTOR'S LOCAL OPPORTUNITY PLAN
Smith Contracting Company. Inc., agrees to implement the following specific affirmative action steps
directed at increasing the utilization of lower income residents and businesses within the city of Round
Rock in Williamson County of Texas.
A. To ascertain from the Locality's TCDP program official the exact boundaries of the project area
and where advantageous, seek the assistance of local officials in preparing and implementing the
affirmative action plan.
B. To attempt to recruit from within the city the necessary number of lower income residents through:
local advertising media, signs placed at the proposed site for the project, and community
organizations and public or private institutions operating within and servicing the project area such
as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC),
Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment
Service.
C. To maintain a list of all lower income residents who have applied either on their own or on referral
from any source, and to employ such persons, if otherwise eligible and if a vacancy exists.
D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an
affirmative action plan including utilization goals and the specific steps planned to accomplish
these goals.
E. To insure the subcontracts (greater than $10,000), which are typically let on a negotiated rather
than a bid basis in areas other than the covered project area, are also let on a negotiated basis,
whenever feasible, in a covered project area.
F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in
this effort.
G. To insure that all appropriate project area business concerns are notifiied of pending subcontractual
opportunities.
H. To maintain records, including copies of correspondence, memoranda, etc., which document that
all of the above affirmative action steps have been taken.
I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer
to coordinate the implementation of this plan.
J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases
which contribute to objectives.
K. To maintain records of all projected work force needs for all phases of the project by occupation,
trade, skill level, and number of positions and to update these projections based on the extent to
which hiring meets these Local Opportunity objectives.
As officers and representatives of Smith Contracting Company, Inc., we the undersigned have read and
fully agree to this Plan, and become a party to the full implementation of the program and its
provisions.
/ G 41-eir
Signature
Title Date
Type of Contracts
No. of
Contracts
Approx.
Total Dollar
Amount
Estimated No. to
Local Business
Estimated $ Amount
Local Business
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PROPOSED CONTRACTS BREAKDOWN
ESTIMATED PROJECT WORKFORCE BREAKDOWN
Work
Classifications
Totals
Total Estimated
Positions
No. of Positions
Currently Filled
No. of Positions
not Filled
No. of Positions to
fill with L/11Mk
Residents
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This statement must be
notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any
additional information he desires.
Name of Bidder: Smith Contracting Co.IncDateOrganized:
Address:15308 Ginger, Austin,TX78728 Date Incorporated: 12/94
Number of Years in contracting business under present name: 10
CONTRACTS ON HAND:
Contract Amount $ Completion Date
TexCon /Diamond Shamrock 277,378.00 3/00
Citizens Insurance 124.300.00 1 /00
Dripping Springs ISD 12/99
Type of work performed by your company:Si Prep. TTtilit.ieS rnnrrPtP
Have you ever failed to complete any work awarded to you? no
Have you every defaulted on a contract? no
List the projects most recently completed by your firm (include project of similar importance):
Project Amount $
Snuth Austin Transfer Statinn 2,604 000.00
Anderson Mill Road Ph.II 413,207.00
Region XIII Ed Service Center 375,477.00
Completion Date
12/99
6/98
8/98
Major equipment available for this contract:
Attach resume(s) for the principal member(s) of your organization, including the officers as well as the pro-
posed superintendent for the project.
Credit available: $ Bank reference: BankOne, Louis Avins
The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information re-
quested by the in verification of the recitals comprising this
Statement of Bidder's Qualifications.
Executed this 24 day of February, 20 00.
By: (signature) !�
(print name) 4l,4 c k S711///
Title: 4/-44.7,
1 ATTACHMENT 7-1 1 r
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Federal Labor Standards Provisions
Ap9kaesy
11 Protect a Program to wh(th the construction work covered by this
shad pertains is being asa+sbd by the United Stites al Mnenca and 91
folowng Federal Labor Sta dada Provision are *eluded in due Contract
pursuant b die provisions applicable o such Federal assistance.
A. 1.0) Mk1bnum Wages. A9 laborers Ind mechanise emddy.d or work-
ing upon the Mae of tie work (or under the United Slates Housing Act d
I 93 ce under the Housing Act of 1949 in the construction or dlvIIOp es
of the p<gectt wia be paid unconditionally and not less often than once a
wear and without subsequent deduction or rebate an any account (except
ma payroll deductions as are permitted by regulations issued by the
Seendry of Labe under die Copeland Act (29 CFR Part 3L Ira till amount
d wags and bona *de fringe tenets (a cash equivaWid three* due at
time of payment computed at rates not lees Irian 9ose contained in the
wage determination of Me Secretary of Labor which is attached hsre4 and
made • pert hseoL regardless of any Oa+aacauat rela*0hshr9 which may
be aleged at exist between the contractor and such laaaes and
mec*niea Contribu9ors made or costs rsaonably anticipated for ban
Me fringe Denyses under Section 1 (01(2) of the O Ids -Bacon Act on Waif
of tabula or mechanics are Cdreidred wage, paid o such *toms r
mecsnics. subject la the provisions .029 CFR1.5(.9(1)(9 also, regudr
contributions made or casts incurred for more than a weekly Period (bw
not less often then gwtedy) under pans kne& or programs which carer
the articular weekly period. are deemed to be constructively made r.
*cared during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage ale
and tinge tweets On the wage determination for the tea eon of work
ackrMy pedorned. without regard to atdO. except ae provided in 29 CFR
Part 5.5•94} Labrers or mechanics performing work in more than try
dsagACa9oo may be compensated at me ate specified for tech dessiaCa-
n for M time ecsuly worked therein; Provided. That the employer's pey-
J records accurately set bee the erne sprit in each tlani1ntlan n
Mich work is performed. The wage determination flndudrg any a041*o W
dsatiicalicei and wage rates conformed under 29 CFR Part 5.5(491A and
sir Oevs -Bacon poster (VI14-1321) shall be posted at 19 amee by the au-
tractor and its subcontractors at the site d es wale in a prominent and
accessible place when it con be easily seen by 91 workers.
A W My doss d (*boners or mechanics which 4 not !Wad in the
wage dadrmw19ai and which lab be employed under the attract shad
be dasmaed in conformance with eve wage determination. t1UD OM
approve an additonaf classification and wage ale ant fringe berate
therWom only when the Mowing criteria ripe been met
(1) The wode b be performed by tee daasdlcatlon r.glesld la at
Performed by a Wsi9ptlon in 94 wage dole mietlom end
(2) The clessilloalion is ulRted n le tea by to co seviceon
Sane : end
The prapaeed wipe raK 9101* n9 any bas sae fringe bene-
ath beers a rae01abie mealonehip es M wage ram conked in 9e
wage del nninloart
(M 19r contactor and M Worms and meanies es be employed
in the dipiapbal (d amen). or Ise rageermdliML, and 1110 or 91
d esigns agree on 911 d — — on end wage as (Including le amours
desigelld for *Inge bases where appropriate), a repot d he 109011
1911 shag be std by HUD or its designee 4 Os Mminatrabr d 9e Wipe
and Four OiMaa1 Employment Standards Aeminst trial U.S. Depinient
of tabor. Weehinglon. 0.0.20210. The Admiruatabr. or en 11A1ataed
apraelnithie. 9rfi1 appm & Toddy. or Ssappmon every salon. dna-
e lon wan wilts 30 days of receipt and so edam HUO r id designee
or al nary HUD rib designee within the 30-day prod Ise 900f9onel
time is neoeasry• (Approved by She Old= of Mrsprtwd and Budget
W OMB control number 1215-0140.)
(c) N the even M Carlracta. the 1b0rra or medlnies b be
employed in to deseiecalart or lye represr.199e1 and HUO r b
designee do not agree on the proposed claudication and wage rate
f1c.r4n9 She immure designated for fringe beread, whets appopiaa►
Previous E6tion is Oteolete
7-49
and Urban Deuicenwee t>^
HUO aid desgneI WWI refer the questent including Ie views of all
interested parties and the recommendation of HUO or ft designee. 4 the
Administrator to dedmWation. The Administrator. a an MJelanee! repre-
sentative. will issue a delennina1M within 30 days al leoldt end act adult
HUO or its designee or ml nosy 11)0 or ite designee wlrin the 70-Oiy
priori that aOdIlonsl ems is necessary. (Approved by 9e Office of Man-
agement and 8udget under 01.18 Control Number 1215-0140)
(d) The wage red (including singe bereft weave appr0priatal
determined pursuant 4 subparagraphs (1)(b) or (c) d this paragraph. anal
be paid to all workers pelorming wale in eta classification under sins con-
tract from the Mt ay on which work is performed in the desa116a9an.
(v) Whenever the minimum wage rata prescribed in M contract for e
chase of labdrsrs or msshsnies includes a Singe bend* which 4 not
expressed as an haul rata Me Contract( Well enter pay six benefit as
stated in the wage dedmunaa4n a shad pay another tors fide hinge
bentint ran hourly pal equivalent lyrest
gr) l9e contractor does not make payments 4 a trustee or other Surd
person the contact may consider as pan of to wages of try laborer c1
mechanic She amount of any COM rtesa1aby anticipated in pro9adig
Coca Ode kings berate under a pan a program. Prowled. That the
Secretary of Labor has found, upon 9e Mean report re the contactor.
that fly applicable atukrda c the O1Ma -8a00n Act have been mat The
Secretary of Labor may moire 9e Contactor ea set aide in a separate
account assts for the made of obligations under the pan a 9wagran
(Approved by the Office of Menagensne and Budget under OMB Contra
Number 1215.0140.)
2. W9Yyldng. HUO or its designee sue Won its own eaten or upon
wridsn Muni of ah outwitted d represen s& arty 0apartnent d tabor
widh11od or cause 4 (e halted from 9e convenor wider this contract or
any other Federal outset with the sane pees contractor. or any 09her
Federaiy-mmeed contract subject to Cave -Bacon prevailing wage
requirements. which la held by the same priors convenor 10 much Oft the
accrued payments or advancer m may be considered necessary to pay
laborers anti mechanic% including apprentices, trams and helpera
employed by the corvacor or any subcontractor the (uI annum of wages
required by the contract In the event of failae 4 pay any laborer or
mechanic. including any apprenace trainee or helper. employed or worm)
0n die sae 01 the work (or under 9e United Stites Housing Act d 1937 or
under 9e Housing Add 1949 in M consolaQtion or deneopmeIt of the
910004 slot pert of the wages required by the contract 11J0 Of id desig-
nee may. afar carmen notice o M oonvacor. sponsor. a991Cat1l or Owner.
tike such aneon as may be n1pssaay 4 0aues the 31131=ei01 d any
falter payment advance or gamin d fads until such viodtlay have
coma HUO or is ages may. a9er written notice es he contactor. am-
bulate such am.2aes witl110 for and on account of Ie eontactar or sub-
contractor b try macaw mama sag whom they tie due. The Comp-
troller Cunene shell nuke such disbursements in the can of direct
0190 -890pn act 0omr n.
3. W Perelb sad *de 90.219.. Payrolls and basic recants 91119299
Meneto ah1 be 9uirttairrl by 9y contractor during eve course d the work
prew.ad br a period d three years thereafter for M laborers and
mac a kes **day at* site of to work (or under the United Sao
Housing Act 0111)37. a wiser 9e Mooing Add 1949, in 9e consudtan
or devebpmrs d 9e police Such records shall canon the name.
address. and weal sec" number of etch such wear. his or her ax-
rest elaarlaalon. booty rat s d wages peid ( ncludirg rates of contribu-
tions or cam enfl hied for We Ire Ki9e bMNfid or cash equivalents
919991 d 9e types deicn4W in Section 1(0)(2)(ig et the 019 -b. con Ace
dairy and weedy amber d hours waded. d 412090 s made and octal
wages paid Wherever M Secrry ce labor hes kwnd under 29 CFR 5.5
(*WM that the were of try laborer or medym9e include the amount of
an7 card ram er/ a tddedd in modeig bane% under a plan or pro-
gram described in Seddon imam d M 0190 4lacon Act Ise contractor
shad maintain recorde wreck show *et the CO1rubhsnl b provide such
HUD-4010 (244)
I148 1344.11
Wee is antaeaada hst Ma pan or program is Mwdasp repdn3Cha
and test pre pan or program hies teen c m mtrmmed in mi g to TM
laborers or machines al aced. are records which show to costs maim
peel or to actual cat recurred n provndng such benadta Conaaaors
anpldyug apprersce a Moen under approved peograms 'he maintain
mien evidence of We repairmen of apprenticeship programs end certfi-
alfon of trainee programa Me registration of the apprentices end wines
and the ratios and wage rates prescribed in to spoilage programs
(Approved by as Office of Management and Budget under 04419 Control
Neaten 1215 -0140 and 1215-0017.)
(4 (1) The contractor shall submit weekly for each we in ration any
contract wart is pesormad • Copy a ore Carona b NU0 or b Magma
to agency is a parry to the contract but Otte aganCy is not such a Mr
the contactor ant submit the payrolls to the applicant spates or owner.
u ties man may be. 4r transmission to 1810 or its designee. The payrolls
submitted shat spa Out accurately and coatpleay all of to admiration
required to be maintained under 29 CFR Part 5.5(a)(3)(). this intimation
may be submited in any form desired. Opto 41 Form Wal-347 y available
tor this purpose and may be purchased from to Superintendent of 17ocu-
neon (Federal Stock Number 029-005-00014-11.111 Government Printing
Office Washington. 0C- 20402. The porte conroxtor is restored. 10r
submission of copies of payrolls by at subcontractors (Approved by to
Oaks of 'denotement and Budget under OMB Contra Number
1215-0149.)
(b) Each patrol aubnibed shall be accompanied by a Seemed el
Compliance" signed by he COnoactOr or subCOnarador or his or he agent
who pays or supervises the payment a ds parsons employed under to
contract and shag arty to following
(1) That pre papa tor to payroll period contains the ihbrwr.tl0n
required b be maintained under 29 CFR Part 5.5 (31(3)8) and that such
kdoonaton is correct and complete
( That each laborer a medani0 (including said* helper.
apprv.01. and O94ss) employed on the Contract during the pats peed
tea bean paid Me hull wacky wages tuned without rebala after directy
or idlnct%, and the no deductions have been made either erect «ndi-
nary from the tr wage Gamed other than pem1sebe deductoro as set
foram in 29 CFR Pot 1 -
(3) That each laborer or mechanic has been paid not least/van 54
applicable wa9erab and tinge benefits or cash equ1Laer s for pre des -
sieeson a work perlormed as specified in pre applicable wage de1T1M-
ton n0orDOra1d in* the contract
(e) The weedy submission at a popery executed oerti lnsdn sal
Mb on Ms worm side of OptiaW Farm W14-347 ship sa5dy ties
requirement for submission of the - statement of Compliance required by
p.agraph A.7.(er 3 Of INS section
(4) The hbi Caton of any of the above certifications may subject Me
OOnntraCaor or subconVacbr to chi or criminal prosecution under Section
1001 a Tee 18 are Section 231 Write 31 d to Unreel Soma Coda
(1) The contractor or subco ntraadr shall make th recede marine
under paragraph A3(1) a ors Maori available be inspection. copying. r
trenwipdwn by authorized npresan1tvee of 1111D r tb designs, a ore
Oetertnallt of Labor. and she permit such repreenmMs b in1rvew
employee during *er noun on are job. If ties centraebr or wean.
trader 4ia b subset tie required records Orb mars Nom wadable MUD
or es designee may. alter Mem reeks b ties oantra0br. sponsor, mph -
cent or owner. arcs such *cam as may be necessary to muse to *4-
9114101104 any *raw ptynent adenes. or g urine of funds. Fmter-
maa hive b submit are reseed weeds upon muse or b mate such
roma* available may be grounds for debarment mean pursuing b 29
CFR Pan 112
W Apprioes and Trainees. Apprnfeaa Apprentices whi be per.
Mod to work at esa Mn M predsftmined cars for 1M work May pr-
kxmed when trey are smnpb1e0 pursuant bad irdMdtaly registered in a
bore Ids appinlimslrp program ra94ftred Mb tit U.S. Dep.b.nt a
Labor. Snpbymrlt and Training Adminiaflon . Bueau of Apprargkahhq
end Training, or wilt • Saba Appranteeshe Ap.1cy receyneed by 54
'emu. Or f• praon i rhgbyed in his or her 1st 90 days a probationary
mploynsnt as an appnta in such an apprrrtioehip protean. Mb 4
not n6viduapp registered i1 tie program. but vitro has barn c artfet by le
&icon of Apprerteehe and Training or a Shift AppreeCiship AVM"
(whtwe apprapetasy b be amble br probabwy amlpbymla5 a an
7 -50
Moreneca. The ammo* nt90 or 3ora.ata b journeymen on re p0 ma
n any Crag des elon shall nor be greater tan be raa0 permed l 4a
contractor as b toy entre work fora under to reviewed program. Any
worker Retied on • payrte at an aeorantia wags rato oho is not regdwired
a otherw1• employed es stead atom. that bl pod not lees ttsn We
ODOOCObh wage raft Co the wee datamrnation for to claaeficaton a -
work aalaey pIAdrnad. In edition. any appronika patenting wen
M pb siege in acmes of to rate gemmed under des re9it1rad progi.-
anal be Mid not loos than to ap$adabe wag, raft on to wage determi-
nation br to wa auualh perbrnad. Whore a contra0bw is performing
cor.trut30n on a project in a locality other than tat in which its program d
registered. the ratios and wag, rams (impressed in 0.0511.198, of 1M pur-
neyman's hourly ram) speared in to c0ntraebrs or subcontractor's regis-
tered program snap b• observed. Every appen0ta must be paid at nor
less ton to ram spoofed in the re9'stewad program for to apprendca's
loyal of pr09w3s eaprested as a p.cenu9e a the journeyman an faun roe
'padded in to applicable wage - determination. Approri= shall be Mid
fringe benefit in accordance will to provisions of tm apprenticeship
program 5 the apprendmekp pr09ro m doe not specify fringe bend
appren1Cee must be paid to rut amount of tinge benefit listed on to
wage determination for We apptcade c.aydcatdn t tla Administrate
determines tat a different pracdce prevails for the applicable aoprenoa
Classification fringes shall be paid in a0Cadena will that d.emtinaton. n
the avant to Bureau al Apprenticeship and Training. or a Sam Appran-
tcsiWp agency recognized by 5w Bureau witdraws approval Of an
a9Otentmattip program. Ow Contractor will no forger Ca gemmed to utilize
apprentices at leas than to applicable predetermined rate for to wont
Wormed until an acceptable program is approved.
(q Trainees. Except as provided in 29 CFR 5.11 trainees wad not be
panned b work at less fan pre pred.efnnined ram forte work pr-
lowed unless s t.y are.npord ptrauam b and "egivid.Wly misted in
a program Which has received War approval. evidenced by 10ma1 certifi-
cation by as U.S Department of Labor. Empfoymerd Training Admini-
Mat.t The raw w trainees b joumeyrmen en Me job site shall nor be
greeter tan permitted under l o pun approved by ties EOWbyment are
Training Adrninistraeon. Every tails* mast be Mid. not less tun tv
specified in the approved program kr ts trainee's level of progress.
expressed as a psronuts of the journeyman hourly rats specified in ins
applicable wage determination. Trainees shat be paid tinge benefits in
accordance with pre provisions of pre trainee program If ta trainee pro-
gram doss not mention fringe benefit% trainees shut be paid to full
amount of fringe bwnafi1 bed on to wag, dawminatwn unless tee
Administrator a are Wags and ear Division determines that tare is an
appren*Oeship program associated with te corresponding journeyman
wage ram on Moorage determin tan which provides for loss than lot
binge banet1 for a90reroa% My a pleyee rued on the pays at a
trains* ram who is not repislead and pantidpairg in a training pan
approved by to Empbymerd and Trainig Administranon shall be paid not
less Ilan to applicable .age rata on ore sage damrnkMtim br the want
ecae y pMOmmal h ad1ta. ern trainne performing work en tree job sift
in c=ome a to ratio parried under tie wage ared program shall be paid
not 48, than dm apptcebbe wag, ram on the wage deftmhio0on tN to
work actually performed in the ram Me Emeoelmel aft Training Admin
istration withdraws approver a a training W09rant th contractor will no
forger be permited b utilize trainees at lees thin We sinkable predeter-
mined raft for eras work performed unit an a0Oeplebe program s
approved.
Oa) Equal employment 0pparvl47. The utilization of apprarmcw.
trainees and journeymen under the part dull ben codonnity with to
lqu1 anpbynum opponu dt raque.n.rs of Executes Order 11244 as
amended and 29 CFR Pan 33.
5 . Cntnperies aAh Ceeebed Ad requirement. The enactor shall
Campy rite pre requirements of 29 CFR Pa' 3 which are i corpaamd by
Memnon in Its contact
1. iettabaltacts The contractor or stdWntaawr eta insert in .1y sub.
Pantries be claims contained in 29 CFA SS(M1) trough (101 and r
ether tepee* a HUD or aft debris may by swathes istruetma
raquin. afnd also • dense requiring tre.rbwmacleM b include tea
dwaas in any lawn liar subcontracts. The prim Cadman' shall be
rapa.D4 br M campdance by airy smw1MCbr or lower der eubcOn-
fraeser with all an Centred dawn in 29 CFR Pan 5.5.
NUD•010 (2241
7. Canticle k.rrekmaar0 debarment. A Creech of dle contract louses in
29 CFR 5.5 may be grounds for ts 11.003on at the cannot and IOr deer -
man as a 0oneapor and a subcontractor as provided in 29 CFR 5.12
8. Camara' *03 Oats -Bevan and Related Ad Requitement. AN rul-
ings end imrpraaeons of se Dew -Barron and Petaled Ads contained in
29 CFR Pre 1, 3. and 5 are herein incorporated by reference in this
-overact
9. Diepul•s concerning labor Waldrda Disputes arising out of the labor
-candor* pr0wi0rro of this contract shah not be subject to see general
dispulas saw. at this contract Such olapules snap be reserved in accor-
dance will the pracedura of tee Depermhem of tabor sex font in 29 CFR
Pre 5. 4 and 7. Disputes within the meaning of this clause include dis-
putes between the contractor (or any of its subcontractors) and HUD or its
(teepee. Ore U.S. Depsrennt of labor. or the employees or their
repraesntegaa
10. (1) CeAfca0on d Many. By entering into this contract to con -
tractr cadres that neither it (nor he or Mel nor any persona harm who
has an interest in the contractor's firm is a parson or firm Mellott to be
awarded Government contracts by virtree d Sec8on 3(a) oh se Oens-
Baeon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate in h1U0 programs pursuant to 24 CFR Prt 24.
(B) No pan of this contact shall be auboontraead lo any persona firm
inefpibla for awed of a Govemmem contract by virtue of Section 3W of
this Davis -Bacon Act or 29 CFR 5.12(x(1) or to be awarded HUD comae,
or participate in 14U0 programs pursuant lo 24 CFR Pan 24
en The penalty for maldng abs statement, b prescribed in the US
Criminal Coda 18 U.S.C. 1001. Addidonaey, U.8 Carmel Code. Sadlan
1010, 110e 18. U.S.C.. *Federal Housing Adminiatrs1on transacons pro-
vides in pert "Whoever. for the purpose of. . influencing in any way to
action of seem Administration .. makes. Ain or publishes wry statement
knowing fee sane to 80 talsa .. aaI be fined not more than SUM a
imprisoned not more than two years or tote
11. Compisinek PrOe.WNt9.. et resin/ay by Enpfey.ee No laborer or
mechanic lo whom M0 wage. ray. a user tabor standards provisions Of
this Contract are amicable shag be caaherged or in any at1.r manner
?uabnir1Ud against by the Contractor or any aubeonbador because such
r nploya0 has teed eery complaint or instituted or cawed to be instituted
. ay proceeding or tea toadied a is about to testy in any proceeding
dr or *sang to re lobo standards applicable under this Contact to
nee .nplOyr.
0 Contract Work Han and Safety slandrds Act As owed in this para-
graph, tee ante 'aborers' and 'mechanics include watchman and
gnuhlrde
(1) Nelms wgrkwmnt No contractor or subcontractor canbaceng
ear any pen of tee Contract work which may require Cr involve the rnpby-
mern d laborers a mechanics shall require or permit any such abate or
mechanic in ray workweek in which M a she is employed on such work
to work in excess of eight hours in any calendar day or in excess d forty
hours et such workweek unless such aborr or mechanic receives coin-
7-51
Pentao0n at a rats not leas Iran One and s. -hall tunes tree east mar or
pay la sit hours waked in excess of sight tours in any calendar day or in
excess d forty fours in such w0rkweelc whichever is greater.
(2) Ration; gabUty (r unpaid wa0n: 8qulaard damages. in the
want of any %t i t it of der clause se forth it aubcaragmpn ( of sill
psagre 11, the contractor and any subcontractor responsible Marto( Null
Wendt for et unpaid wages. In addition. such contractor and subcon-
tractor shall be (able 10 the United States On to case of work done under
contract to the District of Columba or a tsrribry. to such Motet or to such
tetreaf for liquidated damages Such liquidated damages shall be com-
puted with respect to each individual taborer or mechanic. including
watchmen and guards. employed in notation of the clause sex fort in sub -
Pera9re8 (1) 8 ew psragraph in the sum of 510 to each calendar day on
which such individual was required or Oermimed to work n exos s d eight
tours or in excess of It standard workweek d tarty hours without pay-
ment ol the ovrtlme wages required by IM Clause eel 10rt in subpara-
9re of this pra9raDtt
(3) WIBHOlip les unpaid wages and gqulderd damages. HU0 air
desghee s/WI upon is own action or upon written request of an autho-
rized repredentttive Of the Deparonent of labor withhold or cease to be
withheld. from any moseys payable on se00um of wok performed by the
contractor or subcontractor under arty such Contract or any otter Federal
contract with the frame pima contract or any other Federally - assisted con-
tract subject to tie Contract Work Hours and Safety Standards Act which
is held by the sum. Aims contractor such sums as may be determined to
be n1ece•••ry to sadaly any Seabee 01 Web COn9atvx or subcontractor
for unpaid wages and liquidated damage' as provided in One cause set
tot in subparagraph 1R) (Phis paragraph. -
(4) Sub:entrads The contractor or subwntrada shall mean in any
subcontrado see causes set fort in subparagraph (1) through ( of this
p iagraplt and also a clause requiring the subcontr00 ors to include ease
lours in any lower St subcontract The prime contractor shall lea
responsible for camp0ance by any wboontraco a lower der subcontrac-
tor with the clauses sex form in aubpara9rapM ( erogh Rol this
GAMMA
C. Health and Sakti
(1) No taborer or maths'* tad b0 regdred to work in surroundings
Of under working bondi0ae which Ire unsaniary, hazardous or danger-
ous to his health and safety as determined under construction Safety and
health standards Oronolpated by the Secretary of Labor by regulation.
(2) Th. Cotracor whelk tangly WWI 08 repuasora issued by tie
Secretary or labor pursuant lo 1 Tds 29 Pan 1928 90nneny pan 1518) and
failure to campy may meat in nhpoeitah 01 senceone pursuant to the Con-
tract Work hours and Safety Standards Act (Public Law 91.54, 83 Stet 90).
(3) The Contractor shat include the pawiOne Of fie Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contract( shoe take such action with respect lq eery subcontract as
the Secretary Of Housing and Urban Development or the Secretary of labs
rig direct as a means a1 enforcing such provisions
HUD-4010 (244 )
ATTACHMENT 7 -K
ATTORNEY'S REVIEW CERTIFICATION
I, the undersigned, , the duly
Authorized acting legal representative of the
do hereby certify as follows:
I have examined the attached contract(s) and surety bonds and am of the opinion that
each of the agreements may be duly executed by the proper parties, acting through their
duly authorized representatives; that said representatives have full power and authority to
execute said agreements on behalf of the respective parties; and that the agreements shall
constitute valid and legally binding obligations upon the parties executing the same in
accordance with terms, conditions and provisions thereof.
Attorney's signature: Date:
Print Attorney's name:
Section Description Page
1.0 Notice to Bidders NB -1
2.0 Certification of Interest, DBE CI -1
and Child Support Statement
3.0 Disclosure of Lobbying Activities DLA -1
and Contractor's Assurance
4.0 Bid Documents BD -1
5.0 Post Bid Documents PBD -1
6.0 General Conditions GC -1
7.0 Special Conditions SC -1
8.0 Technical Specifications TS -1
9.0 Plans, Details and Notes PDN -1
10.0 Special Provisions 1
Projman.doc
TABLE OF CONTENTS
1.0 NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main
Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and
performing all work required for the project titled Park Valley Drive, From Wyoming
Springs Dr. To Oakwood Blvd. (project includes: 0.426 miles of roadway construction,
drainage improvements and utilities on Park Valley Drive from Wyoming Springs
Drive to Oakwood Boulevard) will be received until 2:00 PM, Tuesday, December 14,
1999 then publicly opened and read aloud at the City Hall Council Chambers at the same
address. Bid envelopes should state date and time of bid and " Sealed Bid for Park Valley
Drive, from Wyoming Springs Drive to Oakwood Boulevard ". No bids may be
withdrawn after the scheduled opening time. Any bids received after scheduled bid opening
time will be returned unopened.
Bids must be submitted on City of Round Rock bid forms and must be accompanied
by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City
of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid
Forms, Specifications, and Instructions to Bidders may be obtained from Rodriquez &
Huggins, Inc., 11211 Taylor Draper Lane, Suite 100, Austin, Texas 78759, (512) 231-
9544 beginning Monday, November 22, 1999 for a non - refundable charge of $ 50.00 per
set.
In case of ambiguity, duplication, or obscurity in the bids, the City of Round
Rock reserves the right to construe the meaning thereof. The City of Round Rock further
reserves the right to reject any or all bids and waive any informalities and irregularities in
the bids received.
The successful bidder will be expected to execute the standard contract prepared by
the City of Round Rock, and to furnish performance and payment bonds as described in the
bid documents. Contractors and subcontractors shall pay to laborers, workmen, and
mechanics the prevailing wage rates as determined by the City of Round Rock.
Publish Dates:
Austin American Statesman:
Monday, November 22, 1999
Monday, November 29, 1999
Monday, December 6, 1999
noticebd/spec.master
NOTICE TO BIDDERS
NB -1
2.0 CERTIFICATION OF INTEREST,
DISADVANTAGED BUSINESS ENTERPRISE
AND CHILD SUPPORT STATEMENT
CERITINCATION OF INTEREST IN OTHER BID PROPOSALS FOR THIS WORK
By signing this proposal, the bidding firm and the signer certify that the following information, as indicated by
checking "Yes" or "No ", below, is true, accurate, and complete.
A. Quotation(s) have been issued in this firm's name to other firm(s) interested in this work for consideration
for performing a portion of this work.
S
NO
B. If this proposal Is the low bid, the bidder agrees to provide the following information prior to award of the
contract.
1. Identify firms which bid as a prime contractor and from which the bidder received quotations for
work on this project.
2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for
work on this project.
CI -1
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1
DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
The following goal for disadvantaged business enterprises is established:
DBE
0.0
CI -2
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CHILD SUPPORT STATEMENT
Under Section 23L006. Family Code, the vendor or applicant Certifies that the
individual or business entity tamed in this contract. bid.. or application is eligible
to receive the specified grant. loan.. or payment and acknowledges that this
contract may be terminated and payment may be withheld if this certification is
Inaccurate.
List below the name and social security number of the individual or sole proprietor and each partner.
shareholder, or owner with an ownership interest of at least 25% of the business entity submitting the bid or
application.
/g46, /c_ 9$ -'Zg
Section 231.006, Family Code, specifies that a child support obligor who is more than 30 days delinquent in
paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder or
owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds
under a contract to provide property. materials or services: or receive a state - funded grant or loan.
A child support obligor or business entity ineligible to receive payments described above remains ineligible
until all. arrearage have been paid or the obligor is in compliance with a written repayment agreement or court
order as to any existing delinquency.
Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be
disclosed only for the purpose of responding to a. request for information from an agency operating under the
provisions of Parts A and D of Title IV of the federal Social Security Act (42 USC Section 601 -617 and 651-
669).
CI -3
The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are
those named herein; that the Contractor has not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection
with the contract for the above - captioned highway work.
The undersigned affirms the truth and accuracy of this certification.
CpA,'T4 c7/
Legal Finn Name
Signature
Address: / 5 3,®4 G, -y S ,- ,
A / sri3 1
g '
•
Before me, the undersigned authority a Notary Public on this day personally appeared 77
who, being by
me duly sworn, upon oath says: that he is qualified and authorized to make this affidavit for and on behalf of
(r�4.1 ao County(s),
Texas, and is fully cognizant of the facts herein set out and affirms to the truth and accuracy of the certification
made herein by signing above.
Subscribed and sworn to before me by the said (1),@4 4,1.
this /1 day of ��k?" i , to certify
which witness my hand and seal of office.
CI-4
County, Texas
3.0 DISCLOSURE OF LOBBYING ACTIVITIES
'
'
II
1.
Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
a. bid/offer /application
b. initial award
c. post -award
3. Report Type:
a. Initial filing
b. material change
For Material Change Only:
Year Quarter
Date of Last Report
4.
Congressional
Name and Address of Reporting Entity:
Prime Subawardee
Tier if known:
5. If Reporting Entity in
Address of Prime:
No. 4 is Subawardee, Enter Name and
known:
Congressional District, 11
District: if known:
6.
Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, it applicable:
8.
Federal Action Number, if known:
9. Award Amount, if known:
$
-
MOM=
10.
a. Name and Address of Lobbying Entity
(If individual, last name, first name, MI):
(attach Continuation sheet(s) SF- LLL -A, If necessary)
b. Individuals Performing Services (including address if different
from No. 10a)
(last name, first name, MI)
11.
Amount of Payment (check all that apply):
$ actual
planned
12. Type of Payment (check all that apply):
a. retainer
b. one -time fee
c. commission
d. contingent fee
e. deferred
f. other, specify.
13.
Form of Payment (check all that apply):
a. cash
b. in -kind: specify: nature
of Service, including officer(s), employee(s), or Member(s) contacted,
s) SF- LLL -A, if necessary)
value
14.
Brief Description of Services Performed or to be Performed and Date(s)
for Payment indicated in Item 11:
No Aj
(attach Continuation sheet
15. Continuation Sheet(s) SF -LLL -A attached: Yes No
15.
Information requested through this forrn is authorized by title 31
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed by
the tier above when this transaction was mae or entered Into. This
disclosure is required pursuant to 31 U.S.C. 1352. This information
will be reported to the Congress semi - annually and will be available
for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Signature'' "`w
�•rlAcl�. Ol
Print Name: l77i
!!11
Title: kir
_ /
Telephone No. 99`7,, -76 Date: / y/99
#T ��:,y�� .,:.. -, e...«. 6. -a .� .�.
� � = � ,,..�. ,. ) Authodzed for Local Reproduction
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DISCLOSURE OF LOBBYING ACTIVITIES
Complete this forrn to disclose lobbying activities pursuant to 31 U.S.C. 1352
See reverse for public burden disclosure
DLA -1
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INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered
Federal action, or a material change to a previous filing, pursuant to title 31 U.S.0 section 1352. The filing of a form is required for each payment or
agreement to make payment to any lobbying entity for influencing or attempting to Influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with a covered Federal action. Use the
SF -LLL -A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for bosh the initial fling and
material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identity the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal
action
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If thls is a followup report caused by a material change to the information previously reported,
enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for or this
covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate
classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient Identify the tier of the subawardee, e.g.,
the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks ' Subawardee', then enter the full name, address, city, state and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if
known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic
Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number,
Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number, the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., 'RFP -DE -90 -001:
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the
award/loan commitment for the prime entity identified In item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified In Item 4 to influence the
covered Federal action.
(b) Enter the full names of the indlvidual(s) performing services, and include full address if different from 10 (a) Enter Last Name, First Name,
and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (item 10). Indicate
whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the
cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the
in -kind payment
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
' 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any
services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal
official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that Were contacted.
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15. Check whether or not a SF- LLL -A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the farm, print his/her name, title, and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions,
searching existing data sources, gathering and - maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Office of Management and Budget Paperwork Reduction Project (0348 - 0046). Washington. D.C. 20503.
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DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting Entity: Page of
DLA -3
CONTRACTOR'S ASSURANCE
(Subcontracts - Federal Aid Projects)
By signing this proposal the contractor is giving assurances that all subcontract agreements of
$10,000 or more on this project will incorporate the following
Special Provision "Certification of Nondiscrimination in Employment"
Special Provision "Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity (Executive Order 11246)"
Special Provision "Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order 11246)"
Special Provision "Required Contract Provisions Federal -aid Construction
Contracts"
(Form FHWA 1273 must also be physically attached to
subcontracts and purchase order of $10,000 or more)
Applicable "Wage Determination Decision"
DLA -4
4.0 BID DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to read the plans, specifications,
proposal, contract and bond forms carefully; to inform themselves by their independent
research, test and investigation of the difficulties to be encountered and judge for
themselves of the accessibility of the work and all attending circumstances affecting the cost
of doing the work and the time required for its completion and obtain all information required
to make an intelligent proposal .
2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other
documents, or should he be in doubt as to their meaning, he should notify at once the
Engineer and obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the place and time
named in the Notice to Bidders. Bids received after closing time will be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid' and showing the
name of the project, the job number if applicable, and the opening date and time.
5. Bids shall be submitted on proposal forms furnished by the City of Round Rock.
6. All proposals shall be accompanied by a certified cashier's check upon a National or State
bank in an amount not less than five percent (5 %) of the total maximum bid price, payable
without recourse to the City of Round Rock, or a bid bond in the same amount from a
reliable surety company, as a guarantee that the bidder will enter into a contract and
execute performance and payment bonds, as stipulated by item 11 below, within ten (10)
days after notice of award of contract to him. Proposal guarantees must be submitted in the
same sealed envelope with the proposal. Proposals submitted without check or bid bonds
will not be considered. Facsimile proposal guarantees shall not be accepted.
7. All bid securities will be returned to the respective bidders within twenty -five (25) days after
bids are opened, except those which the owner elects to hold until the successful bidder has
executed the contract. Thereafter, ail remaining securities, including security of the
successful bidder, will be returned within sixty (60) days.
8. Until the award of the contract, the City of Round Rock reserves the right to reject any and
all proposals and to waive technicalities; to advertise for new proposals; or to do the work
otherwise when the best interest of the City of Round Rock will be thereby promoted.
9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round
Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid.
Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or
other bids.
10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the
proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time
unless a prior award is made.
11. Within ten (10) days after written notification of award of the contract, the successful bidder
must fumish a performance bond and a payment bond in the amount of one - hundred
percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the
performance and payment bonds will not be required. Said performance bond and payment
bond shall be from an approved surety company holding a permit from the State of Texas to
act as surety or other surety or sureties acceptable to the Owner, with approval prior to bid
opening.
BD -1
12. If the total contract price is less than $25,000.00 the performance and payment bond
requirement will be waived by the City of Round Rock. Payment will be made following
completion of the work.
13. Failure to execute the construction contract within ten (10) days of written notification of
award or failure to furnish the performance bond, or letter of credit if applicable, and
payment bond as required by item 11 above, shall be just cause for the annulment of the
award. In case of the annulment of the award, the proposal guarantee shall become the
property of the City of Round Rock, not as a penalty, but as a liquidated damage.
14. No contract shall be binding upon the City of Round Rock until it has been signed by its
Mayor after having been duly authorized to do so by the City Council.
15. The Contractor shall not commence work under this contract until he has furnished
certification of all insurance required and such has been approved by the City of Round
Rock, nor shall the contractor allow any subcontractor to commence work on his
subcontract until proof of all similar insurance that is required of the subcontractor has been
furnished and approved.
16. Any quantities given in any portion of the contract documents, including the plans, are
estimates only, and the actual amount of work required may differ somewhat from the
estimates. The basis for the payment shall be the actual amount of work done and/or
material fumished.
17. No Texas sales tax shall be included in the prices bid for work under this contract. This
contract is issued by an organization which is qualified for exemption pursuant to the
provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax Act. The
contractor performing this contract may purchase, rent or lease all materials, supplies,
equipment used or consumed in the performance of this contract by issuing to his supplier
an exemption certificate complying with State Comptroller's ruling #95 -0.07. Any such
exemption certificate issued by the contractor in lieu of the tax shall be subject to the
provisions of: the State Comptroller's ruling #95 -0.09 as amended to be effective July 1,
1979.
18. No conditional bids will be accepted.
BD -2
COMMERCIAL INDEMNITY
Insurance Company
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
BOND NUMBER BD41641
THAT Smith Contracting Co., 15308 Ginger Street, Austin, Texas 78728 as Principal, and
COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound unto
City of Round Rock, Texas, 221 E. Main Street, Round Rock, Texas 78664 as Obligee, in the full and
just sum of Five (5%) percent of the amount bid lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal is hereby submitting its proposal for Park valley Drive
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
aforesaid Principal shall be awarded the contract the said Principal will, within the time required,
enter into a formal contract and give a good and sufficient bond to secure the performance of the
terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and
Surety will pay unto the Obligee the difference in money between the amount of the bid of the said
Principal and the amount for which the Obligee legally contracts with another party to perform the
work if the latter amount be in excess of the former, but in no event shall liability hereunder
exceed the penal sum hereof.
Signed, sealed and delivered 9th day of December 1999.
Smith Contracting Co.
PRINCIPAL
By „d& ( SEAL)
CO ERCIAL INDEMNITY INSURANCE COMPANY
I
By
q (SEAL)
j•hn W. Schuler, ATTORNEY•IN•FACT
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PROPOSAL BIDDING SHEET
JOB NAME: Park Valley Drive
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE:
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery,
equipment, tools, materials, insurance and miscellaneous items, to complete all the work on
which he bids as provided by the attached supplemental specifications, and as shown on the
plans for the construction of "Park Valley Drive" and binds himself on acceptance of this
proposal to execute a contract and bond for completing said project within the time stated, for
the following prices, to wit:
BD -4
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
1.
101
22.50
STA
PREP ROW /
FOR Zw 9 .c./ DOLLARS
q�
$ SOD
o `
$ // ZSe) ■
AND 7v CENTS
PER Station
2.
110
10712.00
CY
UNCLASSIFIED STREET EXCAVATION
INCLUDING EMBANK. & SUBGR. PREPARATION
FOR "6.- DOLLARS
vi
$ /
$ /2$ S'/`f U
AND ,k0--' CENTS
PER Cubic Yard
3.
210
3556.00
CY
FLEXIBLE BASE, COMPLETE IN PLACE
FOR -(-1 9 p j DOLLARS
v a
$ Z O
�✓
$ 7 I, / 2U
AND 7,.� CENTS
PER Cubic Yard
4.
340
9161.00
SY
HOT MIX ASPHALTIC CONCRETE PAVEMENT,
4 -INCH, TYPE C
FOR --Gc/ DOLLARS
$
o�
$ 7 3 Z
AND 74 b' CENTS
PER Square Yard
5.
410
65.00
LF
CONCRETE STRUCTURES, BOX CULVERT
(6 FT X I)
FOR {u DOLLARS
o2 SO ° �
$
of.-
$ ��/ SO
AND 7 , ,..- CENTS
PER Linear Foot
• — — • — — — — — M — — N I= I=
PROPOSAL BIDDING SHEET PAGE 1 OF 12
JOB NAME:
JOB LOCATION:
OWNER.
DATE:
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
ROUND ROCK, WILLIAMSON, TEXAS
CITY OF ROUND ROCK, TEXAS
Pkvlest.xls
BD -5
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
6.
410
1.00
EA
PARALLEL �CONCRETE
� WINGS (11= 3 FT)
FOR 9"" 1 1 DOLLARS
4.e.-
$ 7 Sod
S 4-e
$ � S
AND_. --- CENTS
PER Each
7.
430
5,038.00
LF
CONCRETE CURB & GUTTER
FOR DOLLARS
3.-e?
$ 6
$ 72_, i7V7
„0",4
AND CENTS
l e
PER Lin
8.
432
10.00
EA
CONCRETE HANDICAP RAMPS
FOR a-t,c -4,.....-,.../ DOLLARS
QL
$ / DO()
oo:_'_
$ ! Douu
AND arc CENTS
PER Each
9.
433
331.00
SY
CONCRETE DRIVE
FOR - i +Ff;w DOLLARS
3S iG
$
$ // 5
AND 00 '2A-✓ CENTS
PER Square Yard
10.
506
1.00
EA
ADJUST EXISTING MANHOLE,
COMPLETE PLAC�
FOR - - --- !�- f,itP, DOLLARS
$ / -7O'
$ y (70
AND CENTS
PER Each
11.
506
5.00
EA
STANDARD 4 FT. DIA. STORM SEWER MANHOLE
FOR � , � - ^�+sl - DOLLARS
$ '3, Do
��
$ /S d'r7
AND �-- CENTS
PER Each
MO N — — — — — — — — — — — — — — I NM •
PROPOSAL BIDDING SHEET
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
BD -6
PAGE 2 OF 12
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
12.
506
1.00
EA
STANDARD 5 '�T DIA. STORM SEWER MANHOLE
FOR DOLLARS
$ 1 606/0
�/
$ `i 0"
AND yv CENTS
PEREach
13.
506
4.00
EA
NEW WASTEWATER MANHOLE CONSTRUCTION,
4' DIA. (ALL DEPTHS) WITH BOLTED & GASKETED
COVER. CO PLETE IN PLACFyf NCLUDING TESTING
FOR `fro+ DOLLARS
a`
$ SUUV
de
$ 2U O,2)
AND `71/7-1" CENTS
PEREach
14.
506
1.00
EA
NEW WASTEWATER MANHOLE CONSTRUCTION,
4' DIA CONSTRUCTED ON EXISTING WASTEWATER
LINE, WITH BOLTED & GASKETED COVER.
COMPLETE IN PLACE INCL I TESTING
FOR L , __,..f _u k�.l.U�' DOLLARS
$ 6 5
$ G $c7J
AND CENTS
PER Each
15.
508
9.00
EA
CURB INLET, STANDARD, 10 FT. /
FOR 10 0 RS
$ 275o o''
$ ..2.r- ( ° '
AND CENTS
PEREach
16.
508
2.00
EA
INLET, DROP (C MPLE )
-�� D
FOR OLLARS
5-' `
$ � G are
/, �Pi
$ 7' 0 '.'
AND " CENTS
PER Each
17.
508
1.00
EA
HEADWALL FOR 36" R.C.P.,
COMPLETE IN PLACE
FOR -t7fhw od cC DOLLARS
r.
$ 50.)
of
$ �s�
AND 21 CENTS
PER Each
MN Ma MN • — — — O — — — — ME M — OM
PROPOSAL BIDDING SHEET
PARK VALLEY DRIVE
ROAWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
BD -7
PAGE 3 OF 12
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
18.
508
1.00
EA
HEADWALL FOR 18" R.C.P. WITH ORIFICE
COMPLET
PLATE, Cl
P
FOR ` , kw�t DOLLARS
$ / $
$ (.5
AND CENTS
PER Each
19.
509
3135.00
LF
TRENCH S AFETY SYSTEMS 5' TO 10' DEPTH
FOR `1 // -o DOLLARS
$
$ 42-
AND ion CENTS
PER Linear Foot
20.
510
1392.40
LF
PIPE, 18" R.C.P., CL III, ALL DEPTHS,
INCLUDING FX CAVATION AND BACKFILL
FOR 1 "/__ ¢i T / DOLLARS
$ 3z
■
8 O
$ 4tf Ss�
AND moo--' CENTS
PER Linear Foot
21.
510
677.20
LF
PIPE, 21" R.C.P., CL HI, ALL DEPTHS,
INCLUDING XCAVATION AND BACKFILL
FOR DOLLARS
3c $
$ 23 7
AND AND 7,,,--- CENTS
PER Linear Foot
22.
510
153.10
LF
PIPE, 24" R.C.P., CL III, ALL DEPTHS,
INCLUDING CAVATION AND BACKFILL
FOR DOLLARS
$
o,!
76 S
AND CENTS
PER Linear Foot
PER
= OM MN = - • - - - - - - - MINNWN
PROPOSAL BIDDING SHEET PAGE 4 OF 12
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
BD -8
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
23.
510
410.00
LF
PIPE, 30 R.C.P., CL IH, ALL DEPTHS,
INCLUDING EXC VATION AND BACKFILL
FOR DOLLARS
.O
$ 70
$ 2g, 7 a
AND '70- CENTS
PER Linear Foot
24.
510
295.00
LF
PIPE, 36" R.C.P., CL III, ALL DEPTHS,
INCLUDING EXCAVATION AND BACKFILL
FOR , .c..�- y�vr DOLLARS
v
$
$ _, 6 Op
AND CENTS
PER Linear Foot
25.
510
2180.00
LF
PIPE, 12" DIA PVC C -900, CL 200, ALL DEPTHS,
INCLUDING XCAVATION AND BACKFILL
FOR RA^k` DOLLARS
o=
$ 57
o�
$ 5 660
AND '/"�. CENTS
PER Linear Foot
26.
510
32.00
LF
PIPE, 6" DIA, DUCTILE IRON, C -900, CL 200, ALL
DEPTHS, I CLUDING EXCAV. AND BACKFILL
FOR DOLLARS
,.– a&
$ 7
acs
$ (6
� % 11
AND 'Jt.c— CENTS
PER Linear Foot
27.
510
320.00
LF
PIPE, 8" DIA PVC C -900, CL 200, ALL DEPTHS,
INCLUDING EXCAVATION AND BACKFILL
FOR '{ DOLLARS
d�
$ 2 ' "
o�
$ 6 ODO
AND 72• a CENTS
PER Linear Foot
28.
510
64.00
LF
PIPE, 6" DIA, PVC C -900, CL 200, ALL DEPTHS,
INCLUDING EXCAVATION AND BACKFILL
FOR i' -t Trt/ DOLLARS
3 Dj
$
$ 1V °=
-
AND � y7r ".��" CENTS
PER Linear Foot
NM MN I M OW NM NM • NM RN MN NM • NM • MI M
PROPOSAL BIDDING SHEET
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
BD -9
PAGE 5 OF 12
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
29.
510
104.00
LF
PIPE, 4" DIA PVC C -900, CL 200, ALL DEPTHS,
INCLUDING EXCAVATION & BACKFILL
FOR p ow/- DOLLARS
0,..f?..
$ ∎f
of
$ U
AND �t• CENTS
Linear Foot
30.
510
128.00
LF
PIPE, 2" DIA PVC C -900, CL 200, ALL DEPTHS,
INCLUDING EXCAVATION & BACKFILL
FOR DOLLARS
a�
$ . 7
4.:-
$ 3 $'s6
AND jt, CENTS
PER Linear Foot
31.
510
2.00
EA
2" DIA PLUG, PVC, SCH 80, THREADED, CL 200
FOR 4.,,v / DOLLARS
AND rh. CENTS
PER Each
32.
510
1.86
TON
CAST IRON FITTINGS A ��
FOR - 4/o'givrup /(
�,2� W `� DOLLARS
o.-5.5-
$ Z6'
a�
$ Lfgj'
AND 7,-,i CENTS
PER Ton
33.
510
4.00
EA
2" AUTO AIR RELEASE VALVE ��
FOR .4Ike+e ,444n, (u4 - "' DOLLARS
,
Oa
$ /f
$ ?6
AND ).r.,— CENTS
PER Each
34.
510
740.00
LF
PIPE, 8" DIA, PVC SDR 35, INCLUDING EXCAV.
AND BACKFILL (ALL DEPTHS) (WASTEWATER
LINE). CO P TE IN PLACE INCLUDING TESTING
FOR fw DOLLARS
o n
$ . -
$ ZZ 20d
AND L.) CENTS
PER Linear Foot
NM I NM OM MI I NM I= NM n I I — MN NM I = MN MO
PROPOSAL BIDDING SHEET PAGE 6 OF 12
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
BD -10
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
'
AMOUNT
BID
35.
510
20.00
LF
PIPE, 8" DIA, PVC SDR 26 INCLUDING EXCAV.
AND BACKFILL (ALL DEPTHS) (WASTEWATER
LINE). C PL TE IN PLACE INCLUDING TESTING
FOR DOLLARS
Re,
$ 20
,i
$ COO
AND fro CENTS
PER Each
36.
510
20.00
LF
PIPE, 6" DIA, PVC SDR 35 INCLUDING EXCAV.
AND BA CKFILL (ALL DEPTHS) (WASTEWATER
LINE). CO PLET I PLACE INCLUDING TESTING
FOR DOLLARS
p
$ 2- S
J �
$ 7�-f7U �i
AND UUU CENTS
PER Linear Foot
37.
511
1.00
EA
12" X 12" TAPPING SLEEVE & VALVE
FOR DOLLARS
��� .�
$ i
q,
$ 4C7o0
AND CENTS
PER Each
38.
511
1.00
EA
16" X 12" TAPPING SLEEVE & VALVE
FOR 1Zet. DOLLARS
a
$ 5, 0 v"
of
$ �avv
AND /-2,--- CENTS
PER Each
39.
511
5.00
EA
VALVES, GATE TYPE 8" DIA.
FOR �i...,e;g ,rµ- 1(/744, ) 4 DOLLARS
a c,
$ /ZO
c&
$ a''c)
AND — . CENTS
PER Each
40.
511
7.00
EA
VALVES, GATE TYPE, 12 "p IA. �
FORvi..i I�.,<a (44. ^ DOLLARS
$ 6ca0
4'G
$ // j
AND CENTS
PER Each
NM MO MN MI = NM MN MN MN NM • I IM
PROPOSAL BIDDING SHEET PAGE 7 OF 12
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
BD -11
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
41.
511
2.00
EA
VALVES, GATE TYPE, 6" DIA.
FOR t (• / 4 ,. /, ,fe DOLLARS
,. �
$ 7 at
$ / Yea
AND -' CENTS
PER Each
42.
511
2.00
EA
VALVES, GATE TYPE, 2" DIA.
FOR /-" DOLLARS
$ G 0 , c)
$ /Zod
AND 71i-- CENTS
PER Each
43.
511
7.00
EA
FIRE HYDRANT ASSEMBLIES, INCLUDING
VALVE, BOX & FI TTINGS COMPLETE IN PLACE
FOR - ' DOLLARS
o
$ OW
�.,
$ Z : p vv
AND 7w CENTS
PER Each
44.
511
1.00
EA
REMOVE EXISTING 2" AARV & VAULT
FOR �c � .-<?, �'-+^ ,-- p DOLLARS
-3''
$ >
$ 2.v .4,7
AND 0 - CENTS
PER Each
45.
511
3.00
EA
ADJUSTMENT OF EXISTING VALVE STEM,
COMPLETE IN P ACS. E
FOR DOLLARS
$ 1/49-0
$
0
AND CENTS
PER Each
46.
591
30.30
CY
RIPRAP (5 ")
CONCRETE , /
FOR 46 - 6 ' , ud DOLLARS
c&
$
a �
$ "75
AND � CENTS
PER Cubic Yard
MO = — — — MN N — — = MI= MI N — — — — MN
PROPOSAL BIDDING SHEET
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
PAGE 6OF12
BD -12
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
47.
591
1566.00
SY
DRY ROCK RIPRAP
FOR f.-1-- DOLLARS
1.
$ //j
$ /s.Ei6(
AND 7.c...--' CENTS
PER Square Yard
48.
604
13719.00
SY
SEEDING FOR EROSION CONTROL,
METHOD B, HYDRO -MULCH
FOR �., DOLLARS
$ ' S/,
so
$ 6g5 ' -
AND
3 CENTS
y�
PER Square Ya�i
49.
639
62.00
LF
ROCK BERM
FOR tea 't— DOLLARS
$ /D
i
$ ‘ZU
AND Kv CENTS
PER Linear Foot
50.
641
3.00
EA
STABILIZED CONSTRUCTION ENTRANCE
FOR - lLo•t-ah -/t DOLLARS
$ / m v
$ 3 o cxo `lei
AND Z -- CENTS
PER Each
51.
642
2406.00
LF
SILT FENCE
FOR -c_ DOLLARS
$ /
$ 76UCJ
AND CENTS
PER Li �oo
52.
701
1314.00
LF
TEMPORARY WIRE FENCE, INCLUDING GATES
& POSTS OMPLETE IN PLACE
FOR DOLLARS
$ • 4'1
6-O
$ 01 7 ---
AND CENTS
PERLineaNFoot
OM M — — — — — E M — — — — — MN MB NM
PROPOSAL BIDDING SHEET PAGE 9 OF 12
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
BD -13
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
53.
701
3171.00
LF
WOVEN WIRE FENCE, INCLUDING GATES &
POSTS, COMP ETE IN PLACE
FOR DOLLARS
$
c�
$ / s 8 5S
AND CENTS
PER Linear Foot
54.
704
25.00
LF
METAL BEAM GUARD RAILING (BLOCKOUT)
COMPLETE IN P ACE
FOR DOLLARS
v
$
$ �t3v
AND 'x✓ CENTS
PER Linear Foot
55.
704
1.00
EA
TERMINAL ANCHOR SECTION,
COMPL TEIN�LAC
FOR v �
V e
-
$ a SU
AND 7„.... CENTS
PER Each
56.
704
40.00
LF
GALVANIZED HANDRAIL, COMPLETE IN PLACE
FOR c - = DOLLARS
$ s✓
9-
G
$ Cad
l d
AND CENTS
/o, '7
g
PER Linear p'o/at
57.
803
1.00
LS
BARRIDADES, SIGNS, AND TRAFFIC HANDLING,
COMPLETE IN P CE
FOR 4,...... % t DOLLARS
$ !9 -ems
e.14'
$ 7U eV
AND CENTS
PER Lump Sum
58.
824
7.00
EA
TRAFFIC SIGNS, COMPLETE IN PLACE
FOR /c- / .. DOLLARS
$ LOd
$ / V(-Pt/
AND 2u---' CENTS
PER Each
PROPOSAL BIDDING SHEET
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
PAGE 10 OF 12
BD -14
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
59.
825
4.00
EA
STREET NAME SIGN
FOR DOLLARS
4a-4-
$
$ /b ��
' U4
AND CENTS
PER Each
60.
860
50.00
LF
PAVEMENT MARKINGS, PAINT (REFLECT.),
24 -INCH, WHITE, STOP LINE
FOR / DOLLARS
$ 7 vv
$ 3 5v
AND CENTS
PER Linear Foot
61.
860
22.00
EA
REFLECTORIZED PAVEMENT MARKERS,
TYPE II -A -A
FOR 2 -s t DOLLARS
$ S �
$ / , 8
AND Zug CENTS
PER Each
62.
54.00
LF
OPEN CUT & REPAIR PAVEMENT,
COMPLET I_ E
FOR DOLLARS
`, oO
$ TD
o�
$ „2/‘e
S
AND �. _ CENTS
PER Linear
63.
1.00
LS
MODIFICATIONS TO DETENTION POND "A"
INCLUDING CLEARING, EXCAVATION AND
1:1 MORTARED ROCK WALL, COMPLETE AND
IN ACCORDA CE WIT DRAWINGS & SPECS.
FOR L.,, DOLLARS
,.�
$ 7 5 ovv
$ 75 000
AND / -y CENTS
PER Lump Sum
NINI M - - - - - - - - - - M I - MN MN NIN
PROPOSAL BIDDING SHEET
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
PAGE 11 OF 12
BD -15
BID
ITEM
NUMBER
SPECIFICATION
ITEM
NUMBER
QUANTITIES
UNIT
BID ITEM DESCRIPTION
AND UNIT PRICE BID
WRITTEN IN WORDS
UNIT PRICE
BID IN
NUMBERS
AMOUNT
BID
64.
1.00
LS
MODIFICATIONS TO DETENTION POND "B"
PERF. & UNPERF. PIPE, CLAY LINER, & DRAIN.
MATTING COMPLETE AND IN ACCORDANCE
WITH DRAWINGS & SPE FICATIONS
FOR �i�.�,c.,'�I+e+nrn�.N DOLLARS
$ / Soot d°
$ /S o °�°
AND / '2-54,— CENTS
PER Lump Sum
65.
1.00
LS
CONSTRUCTION OF WATER QUALITY POND "C"
INCLUDING CLEARING, EXCAVATION,
1:1 MORTARED ROCK WALL, GABIONS, CONC.
SPLITTER BOX, 6" PERF. & UNPERF. PIPE, CLAY
LINER, & DRAINAGE MATTING, COMPLETE AND
IN ACCORDANCE WITH DRAWINGS & SPECS.
FOR DOLLARS
d�
$ o v v
e�°—
$ 6s O ®/�
AND CENTS
PER Lump Sum
66.
1.00
LS
CONSTRUCTION OF WATER QUALITY POND "D"
INCLUDING TREE REMOVAL, CLEARING,
EXCAV., 1:1 MORTARED ROCK WALL, GABIONS,
PARALLEL WALL/CONCRETE SPLITTER BOX, 6'
PERF. & UNPERF. PIPE, CLAY LINER, & DRAIN.
MATTING COMPLETE AND IN ACCORDANCE
WITH DRAWINGS & SPECIFICATIONS
FOR DOLLARS
°�
$ X- °"
° o
$ „2 5,
AND CENTS
PER Lump Sum
Total Bid
/ o ,s 0.7 4 j-
NM I — — —
PROPOSAL BIDDING SHEET
PARK VALLEY DRIVE
ROADWAY CONSTRUCTION AND DRAINAGE IMPROVEMENTS
PAGE 12 OF 12
BD -16
TOTAL BASE BID (Items 1 thru 66):
$ STATEMENT OF SEPARATE CHARGES:
Materials:
All Other Charges:
$tn39 b
Total: $ 2909 S 579. 90
If this proposal is accepted, the undersigned agrees to execute the contract and provide
necessary bonds and insurance certification as per the Instructions to Bidders and commence
work within ten (10) days after written Notice to Proceed. The undersigned further agrees to
complete the work in full within ninety calendar days after the date of the written Notice -to-
Proceed.
The undersigned certifies that the bid prices contained in the proposal have been carefully
checked and are submitted as correct and final. The Owner reserves the right to reject any or
all
bids and may waive any formalities.
Respectfully , Submitted,
>H e";;; 3;4._
Title for
7 7 �../�✓r/��7µf C� � .�k�G.
Name of firm JJ Telephone
/zAO7
Date
BD -17
,i5yds fir
7,b X87 ?
Address
79 760
Secretary, if Contractor is a
Corporation
5.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
THIS AGREEMENT, made and entered into this 16` day of December, 1999, by and
between the CITY OF ROUND ROCK, TEXAS acting through it's Mayor, Party of the
First Part, hereinafter termed the OWNER, and Smith Contracting Company, Inc. of the
City of Austin, County of Travis, State of Texas Party of the Second Part, hereinafter
termed Contractor.
PBD -1
C
WITNESSETH: That for and in consideration of the p •'ants and agreements
hereinafter mentioned, to be made and performed by said (Owner), the said
Second Party (Contractor), hereby agrees with the first Party to commence and complete
the construction of certain improvements at the prices set forth in the Contractor's
Proposal dated December 16, 1999 for certain improvements described as follows:
Park Valley Drive, Roadway Construction and Drainage Improvements
The Contractor shall perform all work shown on the Plans and described in the
Contract and shall meet all requirements of the Agreement, the General and Special
Conditions of the Contract; and such Orders and Agreements for Extra Work as may
subsequently be entered by the above named parties to this Agreement.
The Contractor hereby agrees to commence work under this contract within 10
consecutive calendar days after that date of the Notice to Proceed and shall cause work to
progress in a manner satisfactory to the Owner. Such work shall be completed in full
within one hundred thirty-five (135) working days after the date of the written Notice to
Proceed. Time is of the essence to this contract.
The Owner agrees to pay the Contractor in current funds, and to make payments
on account, for the performance of the work in accordance with the Contract, at the prices
set forth in the Contractor's Proposal, subject to additions and deductions, all as provided
in the General Conditions of the Agreement.
The following documents together with this Agreement, comprise the Contract,
and they are fully a part thereof as if herein repeated in full:
The Notice to Bidders
The Child Support Statement and Certificates
The Disclosure of Lobbying Activities
The Instruction to Bidders
The Proposal and Bidding Sheets
The Performance & Payment Bonds
The General Conditions of Agreement
The Special Conditions of Agreement
The Special Provisions
The Technical Specifications
Addenda
Change Orders
The Certificate of Insurance
The Plans, Details and Notes
IN WITNESS WHEREOF the Parties to these presents have executed this
Agreement in multiple originals in the year and day first above written.
ATTEST:
BY: J 4 M us
AZT City Secretary
BY:
Secretary, if Contractor
is a corporation or
otherwise registered with
the Secretary of the State
AGREEMENT — continued
Party of the First Part (S' ner)
Mayor — City of Round Rock
B Y:
Party of the Second Part
(Contractor)
Bond Number: BD41812
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
posrhid.msr /xpec master
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Smith Contracting Company, Inc. of the
City of Austin, County of Travis , and State of Texas, as Principal, and Commercial
Indemnity Insurance Company authorized under the law of the State of Texas to act as surety
on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK,
TEXAS, (Owner), in the penal sum of One Million Five Thousand Ninety -Eight and 90/100
dollars ($ 1,005,098.90) for the payment whereof, well and truly to be made the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner dated
the 16th day of December , 1999 to which the contract is hereby referred to and made a part
hereof as fully and to the same extent as if copied at length herein consisting of:
PARK VALLEY DRIVE, ROADWAY CONSTRUCTION AND DRAINAGE
IMPROVEMENTS
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall, in all respects, duly and
faithfully observe and perform all and singular the covenants, conditions and agreements in
and by said Contract, agreed and covenanted by the Principal to be observed and performed,
including but not limited to, the repair of any and all defects in said work occasioned by and
resulting from defects in materials furnished by or workmanship of, the Principal in
performing the work covered by said Contract and occurring within a period of twelve (12)
months from the date of the contract Completion Certificate and all other covenants and
conditions, according to the true intent and meaning of said Contract and the Plans and
Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full
force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter
2253, Texas Government code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter 2253 to the same extent as if
it were copied at length herein.
PBD -3
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the term of the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anywise affect its obligation on
this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
5th day of January
instrument this
2000.
Smith Contracting Company
Principal
By:
d
Mack Smith, President
Title Title
15308 Ginger Street
Address
A Taxes¢ 7R77R Austin Texas 78704
Resident Agent of Surety:
Time Insurance Agency, Inc.
Printed Name
1507 South IH -35
Address
Austin, Texas 78741
City, tate Zip C.de
S ture
rn,clh,o msllcpec mu.er
PBD-4
Commercial Indemnity Insurance Company
Surety -
By:
Anna M. Hilt, Attorney-In -Fact
2550 South I8-35
Address
PAYMENT BOND
Bond Npmber:B ➢41812
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS: That Smith Contracting Company, of the City
of Austin, County of Travis, and State of Texas as Principal, and Commercial Indemnity
Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds
for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK,
(OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their
interest may appear, all of whom shall have the right to sue upon this bond, in the-penal sum
of One Million Five Thousand Ninety -Eight & 90/100 Dollars (8 1,005,098.90) for the
payment whereof, well and truly be made the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors, and assigns, jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated
the 16` day of December, 1999, to which Contract is hereby referred to and made a part
hereof as fully and to the same extent as if copied at length herein consisting of:
PARK VALLEY DRIVE, ROADWAY CONSTRUCTION AND DRAINAGE
IMPROVEMENTS
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and
suppliers, all monies to them owing by said Principals for subcontracts, work, labor,
equipment, supplies and materials clone and furnished for the construction of the
improvements of said Contract, then this obligation shall be and become null and void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter
2253, Texas Government code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter 2253 to the same extent as if
it were copied at length herein.
p,,.mtd m,ti.pee
PBD -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect its obligation on
this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
Instrument this 5 th , day of J anuary 20 00
Smith Contracting Company
Principal r' , /s,
By: /lam 6cO /, t
Mack Smith, President
Title
15308 Cinaer Street
Address
Austin, Texas 78728
Resident Agent of Surety:
Printed Name
1507 South I8-35
Address
Austin, Texas 78741
City, tate % Zip Co.
A �I Ai � t.1 1�
ure
postbtd easuspec master
PBD -6
Commercial Indemnity Insurance Company
Surety
Bv:
Title
Address
2550 South IH -35
Austin, Texas 78704
Anna M. Hilt, Attorney -In -Fact
1 Commercial Indemnity Insurance Company COMMERCIAL
2550 S. III 35, Suite 100 INDEMNITY INSURANCE CO.
' Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
' That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7
day of April, 1999, to wit:
I "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -
In -Fact, such persons, firms, or corporations as may be selected from time to time.
' Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid
I and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
Anna M. Hilt
State of Texas its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
' The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
' the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
' IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
1
' Commission Expires 8 -26 -2000
1
1
BD41812
L
�
I State of Texas
County of Travis
' On this 7`" day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and
• acknowledged to me that the Corporation executed it.
John W. Schuler. President
Sandra L. Denton, Notary Public
CERTIFICATE
' 1, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remains in full force and has not been revoked:
' Signed and Sealed at the said Company at Austin, Texas dated this 5th day of January 20 00
Joel T. Massey, Secretary
POWER OF ATTORNEY
SANDRA L DENTON
NOTARY PUBLIC
State of Texas
Comm, E 0&2e-2000
FEB,- 08'00(TUE) 15:43
1 i0 ;2000 14:38 FAX 512218566
rIFICATE OF LIABILITY INSURANCE
�L UCER Insurance Network of Texas
143 E. Austin
Giddings,Texas 78942
I TYPE. OF INSURANCE POLICY
1
1
1
1
1
1
1
1
1
GENERAL LIABILITY
AUTOMOBILE LIAJIILITY
EXCFSS L)ASILITY
OTHER
iRTRICATE HOLDER; City of Round Rock
22i E. Main Street
Round Rock, Texas 78664
ann: Joanne Land
TEL: 14095424742
cORR PLIBLIU wutcI O
CAP30716648 10 -14 -99 10 -14 -00
CUP25293159 10 -14-99 10 -14-00
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
10.99647E 10 -14 -99 10 -14 -00
1 SCRIpr1ON OP OPERATIONS /LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
')B- Part Valley Drive Roadvray Construction and Drainage Improvements
COMPANIES AFFORDING COVERAGE
A Bituminous Insurance
' B Colonial Casualty Insurance
SL RED 5nith Contracting Canpany
C
1 Ginger p
A1Jstin Texas 78728 the Companies listed above with respect to the business
L IS TO CERT THAT the Insured named above is insured by P
Itions hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
1 e companies, and further hereinafter described- Exceptions to the policies are noted below
EFFECTIVE EXPIRATION
DATE DATE
GENERAL AGGREGATE S 'L,UJO,000.UU
PRODUCTS- COMP /OP AGG. S 2,000,000,00
CLP30716628 10-14-99 10-14-00 rassONa. $ may, INJURY $ 1 , 0 0 0 , 0 0 0 . 0 0
EACH OCCURRENCE S 1 ,000,CC0'00
F1RE DAMAGE. (Any One fire) S 100,000.00
MED. EXPENSE (Any one psrron) S 5,000,00
PBD -7
LIMITS
Typed Manic: R ,71 / Ni t crhe
Title: CEO
COMBINED SINGLE LIMIT 3 1,000,000.04
BODILY INJURY (Pa person) S
BODILY INJURY (Per accident) S
PROPERTY DAMAGE S
EACH OCCURRENCE
AGGREGATE
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE • BACH EMPLoYBE
Daft: 2 -7-00
I a City of Round Rock is tamed as additional Insured with respect LO all policing eacapt Workers Compensation and Elnployers' Liability. Should any
the above described policies by cancelled or changed before the expiration date thereof, the Issuing company will mail thirty (3Q) days wriaen notice
E the certificate holder named below.
SIGNATURE OP AUTHORIZED REPRESENTATIVE
P. 002
x3,000,000.00
x3,000,000.00
S2,000,000.00
52,000,000.00
s 2,000,000.00
1 Commercial Indemnity Insurance Company COMMERCIAL BD41641
2550 S. IH 35, Suite 100 INDEMNITY INSURANCE CO. POWER OF ATTORNEY
' Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
I That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7'
day of April, 1999, to wit:
1 "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attomey constituting as Attomey -
In -Fact, such persons, firms, or corporations as may be selected from time to time.
I Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid
I and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
I John W. Schuler
State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
I The Obligation of the Company shall not exceed one million (81,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
I the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
' IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
1
Commission Expires 8 -26 -2000
1
1
I State of Texas
County of Travis
' On this 7' day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and
' acknowledged to me that the Corporation executed it.
John W. Schuler. President
Sandra L. Denton, Notary Public
CERTIFICATE
' I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attomey and Certificate of Authority remains in full force and has not been revoked:
' Signed and Sealed at the said Company at Au1tin, Texas dated this 9th day of December 19 99
Joel T. Massey, Secretary
SANDRA L DENTON
NOTARY PUBLIC
Stele al Texas
Comm . E 08-26-2000
7
Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE
COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania
corporation (herein collectively called the CCC Surety Companies "), are duly organized and existing corporations having their principal offices in
the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint
William H. Pitts, Jr., John W. Wagner, Norman P. Rolling, James O. Schnell, Rose Mane Boriskie, Individually , of Austin, Texas
Roberta Jones, Emily Mikeska, Glenn Richards, Individually, of Temple, Texas
their true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and
all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof,
duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their
corporate seals to be hereto affixed on this 11th day of March 1998 .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
State of Illinois, County of Will, ss:
On this 11th day of March , 1998 , before me personally came
Marvin J. Cashion, to me known, who being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that
he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the
seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority
given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to
be the act and deed of said corporations.
My Commission Expires June 5, 2000
I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein
above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the
revefjerpDf are still in rce. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations
this ((llNN CC/�r. day of ZOOS .
(Rev.10/1/97)
CERTIFICATE
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY
CASUALTY COMPANY OF READING, PENNSYLVANIA
,14 / V 11 V• /i��Y wi"-\
Marvin J. Cashion Group Vice President
Eileen T. Pachuta Notary Public
CONTINENTAL CASUALTY COMPANY
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
Mary A. Ribikawskis
cae
Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company.
"Article IX— Execution of Documents
Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior
or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey -in- fact."
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affored by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and
certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attomey is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the Company.
"Article VI—Execution of Obligations and Appointment of Attorney -in -Fact
Section 2. Appointment of Attomey -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group
Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations
set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time
revoke all power and authority previously given to any attomey -in- fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or
an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or
certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and
certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by
the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time
to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. Such Attomey -in -Fact, subject to the limitations set forth in their respective
certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach
the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors
may at any time revoke all power and authority previously given to any Attorney -in- Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vase President and the seal of
the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors
on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile
to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the
Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or
undertaking to which it is attached, continue to be valid and binding on the Corporation."
BOND NUMBER HD41812
KNOW ALL MEN BY THESE PRESENTS,
Thatwe Smith Contracting Co.
MAINTENANCE BOND
AMOUNT $1,005,098.90
(hereinafter called the "Principal') as
Principal, and theCommercial Indemnity Insurance Compaa duly organized
under the laws of the Stale of Texas and duly licensed to
transact business in the State of Texas (hereinafter
called the "Surety'), as Surety, are held and freely bound unto THE CITY OF ROUND POCK.
TEXAS (hereinafter Called the "ObGpee' , in the sum of
One Million Five Thousand Ninety -Eight and 90/100 -dollars
(51,005,098.90 ter the payment of which sum well and truly to be made, we, the said
Pnncipal and the said Surety, bind ourselves, our heirs, exe0UtOrs, administrators, successors
and assigns, jointly and severally. firmly, by these prase its.
Sealed with ovr seals and dated this 5t day of January
AC. Two Thousand
WHEREAS, the said Principal has heretofore entered Into a contract with
Dated 12/16/99
19 for Construction of:
Smith Contracting Co.
Principal
PBD.9
g yA
City of Round. Rock
Park Valley Drive, Roadway Construction and Drainage improvements
WHEREAS, the said Principe! is required to guarantee the construction of all improvements
installed under said contract, against defects in materials or workmanship. which may develop
during the period of one ,year(s) from the date of acceptance of the project
above described, by Owner The City of Round Rock, Texas
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH; that if said
Principal shall faithfully carry out and perform the said guarantee, and shall, on due' notice, repair
and make good at Its own expense any and alI defects In materials or workmanship In the said
work which may develop during the period of nee year(s) from the date of
acceptance of the project above described, by Owner.
The City of Round Rock, Texas
OR shall pay over. make good and reimburse to the said Obligee all loss and damage which
said Obligee may sustain by reason of failure cr default of said Principal so to do, then this
obligation shall be null and void; otherwise shall remain in fur force and effect.
Commercial Indemnity Insurance Company
Surety
na M. Hilt, Attorney -in -Fact
II Commercial Indemnity Insurance Company COMMERCIAL BD41812
2550 S. III 35, Suite 100 INDEMNITY INSURANCE CO. POWER OF ATTORNEY
' Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
I That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7'
I day of April, 1999, to wit:
"Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -
In -Fact, such persons, firms, or corporations as may be selected from time to time
' Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid
I and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
John W. Schuler
State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
' the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
I IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
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' Commission Expires 8 -26 -2000
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I State of Texas
County of Travis
On this 7's day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and
• acknowledged to me that the Corporation executed it.
John W. Schuler. President
Sandra L. Denton, Notary Public
CERTIFICATE
• I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attomey and Certificate of Authority remains in full force and has not been revoked:
' Signed and Sealed at the said Company at Austin, Texas dated this 5th day of January 20 00
Joel T. Massey, Secretary
,.. SANDRA L DENTON
NOTARY PUBLIC
State of Texas
Comm. •.0 &2&2000
COMMERCIAL INDEMNITY
Insurance Company
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact John W. Schuler, President of Operations, whose direct dial
number is 512 -444 -7776. You may also fax us information at 512 -440 -0989.
You may also call Commercial Indemnity Insurance Company's toll -free
telephone number for information or to make a complaint at:
1- 800 - 234 -8046
You may also write to Commercial Indemnity Insurance Company : 2550 South
IH -35, Suite 100, Austin, Texas 78704.
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1- 800 - 252 -3439
You may also write the Texas Department of Insurance: P.O. Box 149104,
Austin, Texas 78714 -9104, Fax 512 - 475 -1771.
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the company first. If the dispute is
not resolved you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only
and does not become a part of condition of the attached document.
6.0 GENERAL CONDITIONS
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Contents
1. Definition of Terms
1.01 - Owner, Contractor and Engineer
1.02 - Contract Documents
1.03 - Subcontractor
1.04 - Sub - Subcontractor
1.05 - Written Notice
1.06 - Work
1.07 - Extra Work
1.08 - Working Day
1.09 - Calendar Day
1.10 - Substantially Completed
General Conditions of Agreement
2. Responsibilities of the Engineer and the Contractor
2.01 - Owner- Engineer Relationship
2.02 - Professional Inspection by Engineer
2.03 - Payments for Work
2.04 - Initial Determinations
2.05 - Objections
2.06 - Lines and Grades
2.07 - Contractor's Duty and Superintendence
2.08 - Contractor's Understanding
2.09 - Character of Workers
2.10 - Contractor's Buildings
2.11 - Sanitation
2.12 - Shop Drawings
2.13 - Preliminary Approval
2.14 - Defects and Their Remedies
2.15 - Changes and Alterations
2.16 - Inspectors
3. General Obligations and Responsibilities
3.01 - Keeping of Plans and Specifications Accessible
3.02 - Ownership of Drawings
3.03 - Adequacy of Design
3.04 - Right of Entry
3.05 - Collateral Contracts
3.06 - Discrepancies and Omissions
3.07 - Equipment, Materials and Construction Plant
3.08 - Damages
3.09 - Protection Against Accident to Employees and the Public
3.10 - Performance and Payment Bonds
3.11 - Losses from Natural Causes
3.12 - Protection of Adjoining Property
3.13 - Protection Against Claims of Subcontractors, etc.
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3.14 - Protection Against Royalties or Patented invention
3.15 - Laws and Ordinances
3.16 - Assignment and Subletting
' 3.17 - Indemnification
3.18 - Insurance
3.19 - Final Clean -Up
' 3.20 - Guarantee Against Defective Work
3.21 - Testing of Materials
3.22 - Wage Rates
1 4. Prosecution and Progress
4.01 - Time and Order of Completion
' 4.02 - Extension of Time
4.03 - Hindrances and Delays
' 5. Measurement and Payment
5.01 - Quantities and Measurements
' 5.02 - Estimated Quantities
5.03 - Price of Work
5.04 - Partial Payments
5.05 - Use of Completed Portions
' 5.06 - Final Completion and Acceptance
5.07 - Final Payment
5.08 - Payments Withheld
5.09 - Delayed Payments
6. Extra Work and Claims
' 6.01 - Change Orders
6.02 - Minor Changes
6.03 - Extra Work
t 6.04 - Time of Filing Claims
6.05 - Continuing Performance
6.06 - Arbitration
1 7. Abandonment of Contract
7.01 - Abandonment by Contractor
7.02 - Abandonment by Owner
8. Subcontractors
8.01 - Award of Subcontracts for Portions of Work
8.02 - Subcontractual Relations
' 8.03 - Payments to Subcontractors
9. Separate Contracts
' 9.01 - Owner's Right to Award Separate Contracts
9.02 - Mutual Responsibility of Contractors
9.03 - Cutting and Patching Under Separate contracts
1 GC -2
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10. Protection of Persons and Property
10.01 - Safety Precautions and Programs
10.02 - Safety of Persons and Property
10.03 - Location and Protection of Utilities
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General Conditions of Agreement
1. Definition of Terms
1.01 Owner, Contractor and Engineer
The Owner, the Contractor and the Engineer and those persons or organization
identified as such in the Agreement and are referred to throughout the contract
Documents as if singular in number and masculine in gender. The term Engineer means
the Engineer or his duly authorized representative. The Engineer shall be understood to
be the Engineer Of the Owner, and nothing contained in the Contract Documents shall
create any contractual or agency relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when
required), Special Bonds (when required), General Conditions of the Agreement,
Construction Specifications, Plans and all modifications thereof Incorporated in any of
documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be
as binding as if called for by all. In case of conflict between any of Contract documents,
priority of interpretation shall be in the following order. Signed Agreement, Performance
and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of
Agreement, Notice to Contractors, Technical Specifications, Plans, and General
Conditions of agreement
1.03 Subcontractor
The term Subcontractor, as employed herein, includes only those having a direct
contract with the Contractor and it includes one who furnishes material worked to
special design according to the plans or specifications of this work, but does not include
one who merely furnishes material not so worked.
1.04 Sub - subcontractor
The term Sub - Subcontractor means one who has a direct or indirect contract with a sub-
contractor to perform any of the work at the site and includes one who furnishes material
worked to a special design according to the plans or specifications of this work, but does
not include one who merely fumishes material not so worked.
1.05 Written Notice
Written notice shalt be deemed to have been duly served if delivered in person to the
individual or to an officer of the corporation for whom it is intended, or if delivered at or
sent by registered mail to the last business address known to him who gives the notice.
GC-4
1.06 Work
The Contractor shall provide and pay for all materials, machinery, equipment, tools,
Superintendence, labor, services, insurance, and all water, light, power, fuel,
transportation and other facilities necessary for the execution and completion of the
work covered by the contract documents. Unless otherwise specified, all materials shall
be new and both workmanship and materials shall be of a good quality. The Contractor
shall, if required, furnish satisfactory evidence as to the kind and quality of materials.
Materials or work described in words which so applied have a well known technical or
trade meaning shall be held to refer to such recognized standards.
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and include
at work that may be required by the Engineer or Owner to be done by the Contractor to
accomplish any change, alteration or addition to the work shown upon the plans, or
reasonably implied by the specifications, and not covered by the Contractor's Proposal,
except as provided under "Changes and Alteration," herein.
1.08 Working Day
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal
holidays, in which weather or other conditions, not under the control of the Contractor;
will permit construction of the principal units of the work for a period of not less than
seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.09 Calendar Day
'Calendar Day' is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made
suitable for use or occupancy or the facility is in condition to serve its intended purpose,
but still may require minor miscellaneous work and adjustment.
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2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the Owner's representative
during construction are as set forth in the Contract Documents and shall not be
extended or limited without written consent of the Owner and Engineer. The Engineer
will advise and consult with the Owner, and all of Owner's instructions to the Contractor
shall be issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally with
the progress of the executed work and to determine if such work generally meets the
essential performance and design features and the technical and functional engineering
requirements of the Contract Documents; provided and except, however, that the
Engineer shall not be responsible for making any detailed, exhaustive, comprehensive
or continuous on -site inspection of the quality or quantity of the work or be in any way
responsible, directly or indirectly, for the construction means, methods, techniques,
sequences, quality, procedures, programs, safety precautions or lack of same incident
thereto or in connection therewith. Notwithstanding any other provision of this
agreement or any other Contract Document, the Engineer shall not be in any way
responsible or liable for any acts, errors, omissions or negligence of the Contractor, any
Subcontractor or any of the Contractor's or Subcontractors agents, servants or
employees or any other person, firm or corporation performing or attempting to perform
any of the work.
2.03 Payments for Work
The Engineer shall review Contractor's applications for payment and supporting data,
determine the amount owed to the Contractor and recommend, in writing, payment to
Contractor in such amounts; such recommendation of payment to Contractor constitutes
a representation to the Owner of Engineer's professional judgment that the work has
progressed to the point indicated to the best of his knowledge, information and belief,
but such recommendation of an application for payment to Contractor shall not be
deemed as a representation by Engineer that Engineer has made any examination to
determine how or for what purpose Contractor has used the moneys paid on account of
the Contract price.
2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in question
between the Contractor and the Owner relating to the execution or progress of the work
or the interpretation of the Contract Documents and the Engineers decision shall be
rendered in writing within a reasonable time, which shall not be construed to be less
than ten (10) days. Appeal to arbitration upon mutual agreement may be taken as if his
decision had been rendered against the party appealing.
GC -6
2.05 Objections
In the event the Engineer renders any decision which, in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract, either party
may file with the Engineer within thirty (30) days his written objection to the decision,and
by such action may reserve the right to submit the question so raised to arbitration as
hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or
his representative. Whenever necessary, construction work shall be suspended to
permit performance of this work, but such suspension will be as brief as practicable and
the Contractor shall be allowed no extra compensation therefor. The contractor shall
give the Engineer ample notice of the time and place where lines and grades will be
needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in
case of careless destruction or removal by him or his employees, such stakes, marks,
etc., shall be replaced at the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion
of this contract and shall keep on the work, during its progress, a competent English -
speaking superintendent and any necessary assistants to supervise and direct the work.
The superintendent shall represent the Contractor in his absence and all directions
given to him shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely
responsible for the manner and method of completing his work under this contract, with
full power and authority to select the means, method and manner of performing such
work, so long as such methods do not adversely affect the completed improvements,
the Owner and Engineer being interested only in the result obtained and conformity of
such completed improvements to the plans, specifications and contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection and safety of the
improvements being erected and the property of himself or any other person, as a result
of his operations hereunder. Engineering construction drawings and specifications as
well as any additional information concerning the work to be performed passing from or
through the Engineer shall not be interpreted as requiring or allowing Contractor to
deviate from the plans and specifications, the intent of such drawings, specifications and
any other such information being to define with specificity the agreement of the parties
as to the work the Contractor is to perform. Contractor shall be fully and completely
liable, at his own expense, for design, construction, installation and use, or non -use of
all items and methods incident to performance of the contract, and for all loss, damage
or injury incident thereto, either to person or property, including, without limitation, the
adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or
equipment, safety precautions or devices, and similar items or devices used by him
during construction.
GC -7
Any review of work in process, or any visit or observation during construction, or any
clarification of plans and specifications, by the Engineer or Owner, or any agent,
employee, or representative of either of them, whether through personal observation on
the project site or by means of approval of shop drawings for temporary construction or
construction processes, or by other means or method, is agreed by the Contractor to be
for the purpose of observing the extent and nature of work completed or being
performed, as measured against the drawings and specifications constituting the
contract, or for the purpose of enabling Contractor to more fully understand the plans
and specifications so that the completed construction work wil 1 conform thereto, and
shall in no way relieve the Contractor from full and complete responsibility for the proper
performance of his work on the project, including but not limited to the propriety of
means and methods of the Contractor in performing said contract, and the adequacy of
any designs, plans or other facilities for accomplishing such performance. Deviation by
the Contractor from plans and specifications that may have been in evidence during any
such visitation or observation by the Engineer, or any of his representatives, whether
called to the contractor's attention or not shall in no way relieve Contractor from his
responsibility to complete all work in accordance with said plans and specifications.
2.08 Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination, satisfied
himself as to the nature and location of the work, the conformation of the ground. The
character, quality and quantity of the materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way effect the
work under this contract. The Contractor agrees that he will make no claim against the
Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or
subsurface conditions encountered do not conform to those indicated by excavation,
test excavation, test procedures, borings, explorations or other subsurface excavations.
No verbal agreement or conversation with any officer, agent or employee of the Owner
or Engineer either before or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained.
2.09 Character of Workers
The Contractor agrees to employ only orderly and competent workers, skillful in the
performance of the type of work required under this contract, to do the work; and agrees
that whenever the Engineer shall inform him in writing that any workers on the work are,
in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the
Engineer in the absence of the Superintendent, such worker shall be discharged from
the work and shall not again be employed on the work without the Engineer's written
consent. No illegal alien may be employed by any Contractor for work on this project,
and a penalty of $500.00 per day will be assessed for each day and for each illegal alien
who works for the Contractor at this project.
2.10 Contractors Buildings
The building of structures for housing workers, or the erection of tents or other forms of
protection, will be permitted only at such places as the Engineer shall direct, and the
sanitary conditions of the grounds in or about such structures shall at all times be
maintained in a manner satisfactory to the Engineer.
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2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly secluded
from public observation, shall be constructed and maintained by the Contractor in such
manner and at such points as shall be approved by the Engineer, and their use shall be
strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay
in his own work or in that of any other Contractor, four (4) checked copies, unless
otherwise specified, of all shop and /or setting drawings and schedules required for the
work of the various trades, and the Engineer shall pass upon them with reasonable
promptness, making desired corrections. The Contractor shall make any corrections
required by the Engineer, file with him two (2) corrected copies and furnish such other
copies as may be needed. The Engineer's review of such drawings or schedules shall
not relieve the Contractor from responsibility for deviations from drawings or
specifications, unless he has in writing called the Engineer's attention to such deviations
at the time of submission, nor- shall it relieve him from responsibility for errors of any
sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and
completely review all shop drawings to ascertain their effect on his ability to perform the
required contract work in accordance with the plans and specifications and within the
contract time.
Such review by the Engineer shall be for the sole purpose of determining the general
conformity of said shop drawings or schedules to result in finished improvements in
conformity with the plans and specifications, and shall not relieve the Contractor of his
duty as an independent contractor as previously set forth, it being expressly understood
and agreed that the Engineer does not assume any duty to pass upon the propriety or
adequacy of such drawings or schedules, or any means or methods reflected thereby, in
relation to the safety of either person or property during Contractor's performance
hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for the
fumishing by the Contractor of good material, and of his performing good work as herein
described, and in full accordance with the plans and specifications. No. failure or
omission of the Engineer to discover, object to or condemn any defective work or
material shall release the Contractor from the obligations to fully and properly perform
the contract, including without limitations, the obligation to at once tear out, remove and
properly replace the same at any time prior to final acceptance upon the discovery of
said defective work or material; provided, however, that the Engineer shall, upon
request of the Contractor, inspect and accept or reject any material furnished, and in
event the material has been once accepted by the Engineer, such acceptance shall be
binding on the Owner, unless it can be clearly shown that such material furnished does
not .meet the specifications for this work.
GC -9
Any questioned work may be ordered taken up or removed for re- examination, by the
Engineer, prior to final acceptance, and if found not in accordance with the plans and/or
specifications for said work, all expense of removing, re- examination and replacement
shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed
as Extra Work, and shall be paid for by the Owner; provided that, where inspection or
approval is specifically required by the specifications prior to performance of certain
work, should the Contractor proceed with such work without requesting prior inspection
or approval he shall bear all expense of taking up, removing, and replacing this work if
so directed by the Engineer.
2.14 Defects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on the site
of the work for use in the work or selected for the same, shall be deemed by the
Engineer as unsuitable or not in conformity with the plans, specifications, or the intent
thereof, the Contractor shall after receipt of written notice thereof from the Engineer,
forthwith remove such material and rebuild or otherwise remedy such work so that it
shall be in full accordance with this contract.
2.15 Changes and Alterations
The Contractor further agrees that the Owner may make such changes and alterations
as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the
work herein contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompanying
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not
constitute the basis for a claim for damages, or anticipated profits on the work that may
be dispensed with, except as provided for unit price items under Section 5
"Measurement and Payment ". If the amount of work is increased, and the work can fairly
be classified under the specifications, such increase shall be paid for according to the
quantity actually done and at the unit price, if any, established for such work under this
contract, except as provided for unit price items under Section 5 "Measurement and
Payment "; otherwise, such additional work shall be paid for as provided under Extra
Work. In case the Owner shall make such changes or alterations as shall make useless
any work already done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor so used, and for any
actual loss occasioned by such change, due to actual expense incurred in preparation
for the work as originally planned.
2.16 Inspectors
The Engineer may provide one (or more) field inspectors at the work site for the limited
purpose of observing the work in progress and reporting back to the Engineer on the
extent, nature, manner and performance of the work so that the Engineer may more
effectively perform his duties hereunder. Such inspectors may also communicate
between Engineer and Contractor their respective reports, opinions, questions, answers
and clarifications concerning the plans, specifications and work but shall not be deemed
the agent of the Contractor for all purposes in communicating such matters.
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Such inspector may confer with the Contractor or Contractor's superintendent
conceming the prosecution of the work and its conformity with the plans and
specifications but shall never be, in whore or part, responsible for, charged \nth, nor
shall he assume, any authority or responsibility for the means, methods or manner of
completing the work or of the Superintendence of the work or of the Contractor's
employees. It is expressly understood and agreed that any such inspector is not
authorized by the Engineer or Owner to independently act for either or answer on behalf
of either, any inquiries of the Contractor concerning the plans, specifications or work. No
inspector's opinion;,advice; Interpretation of the plans or specifications of this contract;
apparent or express approval of the means, methods or manner of Contractor's
performance of work in progress or completed; or discovery or failure to discover or
object to defective work of materials shall release Contractor from his duty to complete
all work in strict accordance with the plans and specifications or stop the Owner or
Engineer from requiring that all work be fully and properly performed including if
necessary, removal of defective or otherwise unacceptable work and the re -doing of
such work.
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1 3. General Obligations and Responsibilities
' 3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of
copies of all plans and specifications without expense to him and the Contractor shall
keep one (1) copy of the same constantly accessible on the work, with the latest
revisions noted thereon.
3.02 Ownership of Drawings
All drawings, specifications and copies thereof fumished by the Engineer shall not be
' reused on other work, and, with the exception of the signed contract sets, are to be
returned to him on request, at the completion of the work. All models are the property of
the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent engineers and
' designers. It is therefore agreed that the Owner shall be responsible for the adequacy of
the design, sufficiency of the Contract Documents, the safety of the structure and the
practicability of the operations of the completed project provided the Contractor has
' complied with the requirements of the said Contract Documents, all approved
modifications thereof, and additions and alterations thereto approved in writing by the
Owner. The burden of proof of such compliance shall be upon the Contractor to show
that he has complied with the said requirements of the Contract Documents, approved
modification thereof and all approved additions and alterations thereto.
3.04 Right of Entry
1 The Owner reserves the right to enter the property or location of which the works herein
contracted for are to be constructed or installed, by such agent or agents as he may
elect, for the purpose of inspecting the work, or for the purpose of constructing or
installing such collateral work as said Owner may desire.
3.05 Collateral Contracts
The Owner agrees to provide by separate contract or otherwise, all labor and material
' essential to the completion of the work specifically excluded from this contract, in such
manner as not to delay the progress of the work, or damage said Contractor, except
where such delays are specifically mentioned elsewhere in the Contract Documents.
' The Owner will attempt to coordinate the collateral work of utility companies regulated
by City franchises, but the City shall not be responsible for delays or other damages to
the Contractor which may result from their acts or omissions.
3.06 Discrepancies and Omissions
The Contractor shall provide written notice to the Engineer of any omissions or
discrepancies found in the contract. It is further agreed that it is the intent of this contract
that all work must be done and all material must be fumished in accordance with the
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generally accepted practice for construction, and in the event of any discrepancies
between the separate contract documents, the priority of interpretation defined under
"Contract Documents' shall govem. In the event that there is still any doubt as to the
meaning and intent of any portion of the contract, specifications or drawings, the
Engineer shall define which is intended to apply to the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and
protection of all materials, supplies, machinery, equipment, tools, apparatus,
accessories, facilities, all means of construction, and any and all parts of the work,
whether the Contractor has been paid, partially paid, or not paid for such work, until the
entire work is completed and accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the
act, neglect, omission, mistake or default of the Owner or Engineer, thereby causing
loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such
loss. In the event the Owner is damaged in the course of the work by the act,
negligence, omission, mistake or default of the Contractor, or should the Contractor
unreasonably delay the progress of the work being done by others on the job so as to
cause loss for which the Owner becomes liable, then the Contractor shall reimburse the
Owner for such loss.
3.09 Protection Against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety of
employees and others on or near the work and shall comply with all applicable
provisions of Federal, State, and Municipal safety laws and building and construction
codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the Associated
General Contractors of America except where incompatible with Federal, State, or
Municipal laws or regulations. The Contractor shall provide such machinery guards, safe
walkways, ladders, bridges, gangplanks, and other safety devices. The safety
precautions actually taken and their adequacy shall be the sole responsibility of the
Contractor, acting at his discretion as an independent contractor.
In the event there is an accident involving injury to any individual on or near the work,
the Contractor shall immediately notify the Owner and Engineer of the event and shall
be responsible for recording the location of the event and the circumstances
surrounding the event through photographs, Interviewing witnesses, obtaining of
medical reports and other documentation that defines the event. Copies of such
documentation shall be provided to the Owner and the Engineer for their records.
3.10 Performance and Payment Bonds
Unless otherwise specified, it is further agreed by the Parties to the Contract that the
Contractor will execute separate performance and payment bonds, each in the sum of
one hundred (100%) percent of the total contract price, in standard forms for this
purpose, guaranteeing faithful performance of the work and the fulfillment of any
guarantee required, and further guaranteeing payment to all persons supplying labor
and materials or fumishing him any equipment in the execution of the Contract. If the
contract price is $25,000.00 or less no payment or performance bond shall be required.
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It is agreed that the Contract shall not be in effect until such performance bond or letter
of credit, and payment bond are furnished and approved by the Owner. Unless
otherwise specified, the cost of the premium for the performance and payment bonds
shall be included in the price bid by the Contractor for the work under this Contract, and
no extra payment for such bonds will be made by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting
the bonds shall be licensed to write such bonds or letters of credit in the State of Texas.
3.11 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the nature
of the work to be done, or from the action of the elements, or from any unforeseen
circumstance in the prosecution of the same, or from unusual obstructions or difficulties
which may be encountered in the prosecution of the work, shall be sustained and borne
by the Contractor at his own cost and expense.
3.12 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining
property or properties in any way encountered, which might be injured or seriously
affected by any process of construction to be undertaken under this Agreement, from
any damage or injury by reason of said process of construction; and he shall be liable
for any and all claims for such damage on account of his failure to fully protect all
adjoining property. The Contractor agrees to indemnify, save and hold harmless the
Owner and Engineer against any claim or claims for damages due to any injury to any
adjacent or adjoining property, arising or growing out of the performance of the contract
regardless of whether or not it is caused in part by a party indemnified hereunder, but
any such indemnity shall not apply to any claim of any kind arising solely out of the
existence or character of the work.
3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and
Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer
harmless from all claims growing out the lawful demands of Subcontractors, laborers,
workers, mechanics, materialmen and furnishers of machinery and parts thereof,
equipment, power tools, and all supplies, including commissary, incurred in the
furtherance of the performance of this contract. When so desired by the Owner,
Contractor shall furnish satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged or waived. If the Contractor fails to
do so, then the Owner may at the option of the Contractor either pay directly any unpaid
bills, of which the Owner has written notice, or withhold from the Contractor's unpaid
compensation a sum of money deemed reasonably sufficient to liquidate any and all
such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged, whereupon payments to the Contractor shall be resumed in full, in
accordance with the terms of this contract, but in no event shall the provisions of this
sentence be construed to impose any obligation upon the Owner by either the
Contractor or his Surety.
3.14 Protection Against Royalties or Patented Invention
The Contractor shall pay all royalties and license fees, and shall provide for the use of
GC -14
any design, device, material or process covered by letter patent or copyright by suitable
legal agreement with the patentee or owner. The contractor shall defend all suits or
claims for infringement of any patent or copyright rights and shall indemnify and save
the Owner and Engineer harmless from any loss on account thereof, except that the
Owner shall defend all such suits and claims and shall be responsible for all such loss
when a particular design, device, material or process or the product of a particular
manufacturer or manufacturers is specified or required by the Owner, provided,
however, if choice of alternate design, device, material or process is allowed to the
Contractor, then Contractor shall indemnify and save Owner harmless form any loss on
account thereof. If the material or process specified or required by the Owner is known
by the Contractor to be an infringement, the Contractor shall be responsible for such
loss unless he promptly gives such information to the Owner.
3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all Federal, State and local
laws, ordinance and regulations, which in any manner affect the contract or the work,
and shall indemnify and save harmless the Owner and Engineer against any claim
arising from the violation of any such laws, ordinances, and regulations whether by the
Contractor or his employees, except where such violations are called for by the
provisions of the Contract Documents. If the Contractor observes that the plans and
specifications are at variance therewith, he shall promptly notify the Engineer in writing,
and any necessary changes shall be prepared as provided in the contract for changes in
the work. If the Contractor performs any work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to the Engineer, he shall bear
all costs arising therefrom. In case the Owner is a body politic and corporate, the law
from which it derives its powers, insofar as the same regulates the objects for which, or
the manner in which, or the conditions under which the Owner may enter into contract,
shall be controlling. and shall be considered as part of this contract, to the same effect
as though embodied herein.
3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his
personal attention to the fulfillment of this contract and that he will not assign by Power
of Attorney, or otherwise, or sublet said contract without the written consent of the
Engineer, and that no part or feature of the work will be sublet to anyone objectionable
to the Engineer or the Owner. The Contractor further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this contract,
shall not relieve the Contractor from his full obligations to the Owner, as provided by this
Agreement.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer
and their respective officers, agents and employees, from and against all damages,
claims, losses, demands, suits, judgments and costs, including reasonable attomeys'
fees and expenses, arising out of or resulting from the performance of the work,
provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:
1. Is attributable to bodily injury, sickness, disease or death to any person
including Contractor's employees and any Subcontractor's employees and any
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Sub - Subcontractor's employees or to injury to or destruction of tangible property
including Contractor's property (other than the work itself) and the property of
any Subcontractor of Sub - Subcontractor including the loss of use resulting
therefrom; and,
2. Is caused in whole or in part by any intentional or negligent act or omission of
the Contractor, any Subcontractor, any Sub - Subcontractor or anyone directly or
indirectly employee by any one of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of
the Engineer, his agents or employees arising out of the preparation of maps, plans,
reports, surveys, Change Orders, designs or specifications, or the approval of maps,
plans, reports, surveys, Change Orders, designs or specifications or the issuance of or
the failure to give directions or instructions by the Engineer, his agents or employees,
provided such is the sole cause of the injury or damage.
In any and all claims against the Owner or the Engineer or any of their agents or
employees by any employee of the Contractor, any Subcontractor, any Sub -
Subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligation under Paragraph
3.17 shall not be limited in any way by any limitation on the amount or type of damages;
compensation or benefits payable by or for the Contractor or any Subcontractor or Sub -
Subcontractor under workmen's compensation acts, disability benefit acts or other
employee benefit acts.
3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
Definitions:
Certificate of coverage ( "certificate') - A copy of a certificate of
insurance, a certificate of authority to self- insure issued by the Texas
Workers' Compensation Commission, or a coverage agreement
(TWCC -81, TWCC -82, TWCC -s3, or TWCC -84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the
project.
Duration of the proiect - includes the time from the beginning of the
work on the project until the contractor's /person's work on the project
has been completed and accepted by the govemmental entity.
Persons providing services on the proiect ( "subcontractor" in 406.096 -
includes all persons or entities performing all or part of the services the
Contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the Contractor and
regardless of whether that person has employees. This includes,
without limitation, independent contractors, subcontractors, leasing
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companies, motor carriers, owner - operators, employees of any such
entity, or employees of any entity which furnishes persons to provide
services on the project. "Services' include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services' does not
include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage
agreements, that meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the Contractor providing
services on the project, for the duration of the project. This coverage
shall include the following terms:
(a)
Employees Liability limits of $100,000.00 for each accident is
required.
(b) "Texas Waiver of Our Right to Recover From Others"
Endorsement WC 42 03 04 shall be included in this policy.
(c) Texas must appear in Item 3A of the Worker's Compensation
coverage or Item 3C must contain the following: Ass States
except those listed in 3A and the States of NV, ND, OH, WA,
WV, and WY.
The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
If the coverage period shown on the Contractoes current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on
the project, so the governmental entity will have on file
certificates of coverage showing coverage for all persons
providing services on the project; and
(b) no later than seven calendar days after receipt by the
Contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
The Contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
The Contractor shall notify the govemmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should
have known, or any change that materially affects the provision of coverage of
any person providing services on the project.
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The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are required to
be covered, and stating how a person may verify coverage and report lack of
coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services on project, to:
(a) provide coverage, based on proper reporting of classification
codes and payroll amounts of filing of any coverage
agreements, that meets the statutory requirements of Texas
Labor Code, Section 401.01 1(44) for all of its employees
providing services on the project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work
on the project, a certificate of coverage showing that coverage
is being provided for at employees of the person providing
services on the project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period,
a new certificate of coverage showing extension of coverage, if
the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and
provide to the Contractor.
(f)
(1)
a certificate of coverage, prior to the other person
beginning work on the project; and
(2) a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) the retain all required certificates of coverage on file for the
duration project and for one year thereafter;
notify the govemmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the person
knew or should have known, of any change that materially
affects the provision of coverage of any person providing
services on the project; and
(g) contractually require each person with whom it contracts, to
perform as required by paragraphs (a) - (g), with the certificates
of coverage to be provided to the person for whom they are
providing services.
By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor is representing to the govemmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
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the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self- insured, with the
Commission's, Division of Self- Insurance Regulation. Providing false or
misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
The Contractor's failure to comply with any of these provisions is a breach of
contract by the contractor that entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten calendar
days after the receipt of notice of breach from the governmental entity.
B. Comprehensive General Liability Insurance with minimum Bodily Injury limits
of $300,000 for each occurrence including like coverage for acts and omissions
of Subcontractors and contractual liability coverage.
C. Property Damage Insurance with minimum limits of S50,000 for each
occurrence including like coverage for acts and omissions of Subcontractors
and contractual liability coverage.
D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with
minimum limits for Bodily Injury of $100,000 for each person and $300,000 for
each occurrence and Property Damage minimum limits of $50,000 for each
occurrence. Contractor shall require subcontractors to provide Automobile
Liability Insurance with same minimum limits.
The Contractor shall not commence work at the site under this contract until he has
obtained all required insurance and until such insurance has been approved by the
Owner and Engineer. The Contractor shall not allow any Subcontractors to commence
work until all insurance required has been obtained and approved. Approval of the
insurance by the Owner and Engineer shall not relieve or decrease the liability of the
contractor hereunder.
The required insurance must be Mitten by a company licensed to do business in Texas
at the time the policy is issued. In addition, the company must be acceptable to the
Owner and all insurance (other than Workmen's compensation) shall be endorsed to
include the Owner as an additional insured thereunder.
The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse.
All insurance certificates shall include a clause to the effect that the policy shall not be canceled
or reduced, restricted or limited until ten (10) days after the Owner has received written notice as
evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain
transcripts from the proper office of the insurer, evidencing in particular those insured, the extent
of the insurance, the location and the operations to which the insurance applies, the expiration
date, and the above mentioned notice of cancellation clause.
3.19 Final Clean - up
Upon the completion of the work and before acceptance and final payment will be made,
the Contractor shall clean and remove from the site of the work, surplus and discarded
materials, temporary structures and debris of every kind. He shall leave the site of the
work in a neat and orderly condition at least equal to that which originally existed.
Surplus and waste materials removed from the site of the work shall be disposed of at
locations satisfactory to the Engineer.
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In the event Contractor fails or refuses to clean and remove surplus materials and
debris as above provided, the Owner or Engineer may do so, or cause same to be
done, at the Contractor's expense and the reasonable cost thereof shall be deducted
from the final payment.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in
conformance with the plans and specifications included in this contract for a period of one year
from the date of acceptance of the project. Said warranty binds the contractor to correct any
work that does not conform with such plans and specifications or any defects in workmanship or
materials fumished under this contract which may be discovered within the said one year period.
The Contractor shall at his own expense correct such defect within thirty days after receiving
written notice of such defect from the Owner or Engineer by repairing same to the condition
called for in the contract documents and plans and specifications. Should the Contractor fail or
refuse to repair such defect within the said thirty day period or to provide acceptable assurances
that such repair work will be completed within a reasonable time thereafter, the Owner may
repair or cause to be repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project will
be as directed by the Engineer at the expense of the Owner. All retesting for work
rejected on the basis of test results will be at the expense of the Contractor and the
extent of the retesting shall be determined by the Engineer. The Engineer may require
additional testing for failing tests and may require two passing retests before acceptance
will be made by the Owner. The testing laboratory will be designated by the Owner.
All materials to be incorporated into the project must meet the requirements of these
specifications. For manufactured materials such as reinforcing steel, expansion joint
materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the
Contractor will be required to fumish a manufacturer's certificate stating that the material
meets the requirements specified for this project.
3.22 Wage Rates
Contractors are required to pay the prevailing wage rates to laborers, workmen and
mechanics employed on behalf of the city engaged in the construction of public works.
The wage rate for these jobs shall be the general prevailing wage rates for work of a
similar character. This applies to contractors and subcontractors. The contractor and
subcontractors shall keep and make available records of workers and their wages.
Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor
Statistics, Southwestern Division and the Texas Employment Commission for the Austin
Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the
U. S. Department of Labor, Employment Standards Administration, Wage and Hour
Division. There is penalty of $10.00 per worker per day or portion of a day that the
prevailing wage rate is not paid by the contractor or any subcontractor
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4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically
provided, that the Contractor shall be allowed to prosecute his work at such times and
seasons, in such order of precedence, and in such manner as shall be most conducive
to economy of construction; provided, however, that the order and the time of
prosecution shall be such that the work shall be substantially completed as a whole and
in part, in accordance with this contract, the plans and specifications, and within the time
of completion designated in the Proposal: provided, also, that when the Owner is having
other work done, either by contract or by his own force, the Engineer may direct the time
and manner of constructing the work done under this contract, so that conflict will be
avoided and the construction of the various works being done for the Owner shall be
harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the
Engineer, schedules which shall show the order in which the Contractor proposes to
carry on the Work, with dates at which the Contractor will start the several parts of the
work, and estimated dates of completion of the several parts.
4.02 Extension of' Time
Should the Contractor be delayed in the completion of the work by any act or neglect of
the Owner or Engineer, or of any employee of either, or by other contractors employed by
the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual
delays by common carriers, or unavoidable cause or causes beyond the Contractor's
control, or by any cause which the Engineer shall decide justifies the delay, then an
extension of time shall be allowed for completing the work, sufficient to compensate for
the delay, the amount of the extension to be determined by the Engineer, provided,
however, that the Contractor shall give the Engineer prompt notice in writing of the cause
of such delay. Adverse weather conditions will not be justification for extension of time on
"Calendar Days" contracts.
4.03 Hindrances and Delays
No claims shall be made by the Contractor for damages resulting from hindrances or
delays from any cause (except where the work is stopped by order of and for the
convenience of the Owner) during the progress of any portion of the work embraced in
this contract. In case said work shall be stopped by the act of the Owner, then such
expense as in the judgment of the Engineer is caused by such stoppage of said work
shall be paid by the Owner to the Contractor.
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5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual
measured and /or computed length, area, solid contents, number and weight only shall be
considered, unless otherwise specifically provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show
clearty all work to be done and material to be fumished hereunder. Where the estimated
quantities are shown for the various classes of work to be done and material to be
furnished under this contract, they are approximate and are to be used only as a basis
for estimating the probable cost of the work and for comparing the proposals offered for
the work. It is understood and agreed that the actual amount of work to be done and
material to be furnished under this contract may differ somewhat from these estimates,
and that where the basis for payment under this contract is the unit price method,
payment shall be-for the actual amount of such work done and material furnished.
Where payment is based on the unit price method, the Contractor agrees that he will
make no claim for damages, anticipated profits or otherwise on account of any
differences which may be found between the quantities of work actually done, the
material actually fumished under this contract and the estimated quantities
contemplated and contained in the proposal; provided, however, that in case the actual
quantity of any major item should become as much as 20% more than, or 20% less than
the estimated or contemplated quantity for such items, then either party to this
i2greement, upon demand, shall be entitled to revised consideration upon the portion of
the work above or below 20% of the estimated quantity.
A "Major Item' shall be construed to be any individual bid item incurred in the proposal
that has a total cost equal to or greater that five (5) percent of the total contract cost,
computed on the basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this Agreement, as provided under "Extra Work ".
5.03 Price of Work
In consideration of the furnishing of all the necessary label -, equipment and material,
and the completion of all work by the Contractor, and on the completion of all work and
on the delivery of all material embraced in this Contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor
the prices set forth in the Proposal hereto attached, which has been made a part of this
contract. The Contractor hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense incurred by
him, and for well and truly performing the same and the whole thereof in the manner and
according to this Agreement.
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5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a
statement showing the total value of the work performed up to and including the 25th
day of the preceding month. The statement shall also include the value of all sound
materials delivered on the job site and to be included in the work and all partially
completed work whether bid as a lump sum or a unit item which in the opinion of the
Engineer is acceptable. The Engineer shall examine and approve or modify and
approve such statement.
The Owner shall then pay the Contractor on or before the 20th day of the current month
the total amount of the approved statement, less 10 percent of the amount thereof,
which 10 percent shall be retained until final payment, and further less all previous
payments and all further sums that may by retained by the Owner under the terms of
this Agreement. It is understood, however, that in case the whole work be near to
completion and some unexpected and unusual delay occurs due to no fault or neglect
on the part of the Contractor, and Owner may - upon written recommendation of the
Engineer - pay a reasonable and equitable portion of the retained percentage to the
Contractor; or the Contractor at the Owner's option, may be relieved of the obligation to
fully complete the work and, thereupon, the Contractor shall receive payment of the
balance due him under the contract subject only to the conditions stated under "Final
Payment ".
5.05 Use of Completed Portions
The Owner shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding the time for completing the entire work
or such portions may not have expired but such taking possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. If such prior use increases the cost of or delays the work, the Contractor
shall be entitled to such extra compensation, or extension of time, or both, as the
Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract
is "substantially completed" and when so notifying the Engineer, the Contractor shall
fumish to the Engineer in writing a detailed list of unfinished work. The Engineer will
review the Contractor's list of unfinished work and will add thereto such items as the
Contractor has failed to include. The "substantial completion" of the structure or facility
shall not excuse the Contractor from performing all of the work undertaken, whether of a
minor or major nature, and thereby completing the structure or facility in accordance
with the Contract Documents.
5.6 Find Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that the
work has been completed, or substantially completed, the Engineer and the Owner shall
inspect the work and within said time, if the work be found to be completed in
accordance with the Contact Documents, the Engineer shall issue to the Owner and the
Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner
to issue a Certificate of Acceptance of the work to the Contractor or to advise the
Contractor in writing of the reason for non- acceptance.
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5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make
final measurements and prepare final statement for the value of all work performed and
materials furnished under the terms of the Agreement and shall certify same to the
Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th
day, after the date of the Certificate of Completion, the balance due the Contractor
under the terms of this contract; and said payment shall become due in any event upon
said performance by the Contractor. Neither the Certificate of Acceptance nor the final
payment, nor any provision in the Contract Documents, shall relieve the Contractor of
the obligation for fulfillment of any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certificate to such extent as may be necessary to protect
himself from loss on account of:
a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
c) Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
d) Damage to the Owner or another contractor's work, material or equipment.
e) Reasonable doubt that the work can be completed for the unpaid balance of the
contract amount.
f) Reasonable indication that the work will not completed within the contract time.
g)
5.09 Delayed Payments
Other causes affecting the performance of the contract.
When the above grounds are removed or the Contractor provides a Surety Bond
satisfactory to the Owner, which wil 1 protect the Owner in the amount withheld,
payment shall be made for amounts withheld because of them.
Should the Owner fail to make payment to the Contractor of the sum named in any
partial or final statement, when payment is due, then the Owner shall pay to the
Contractor, in addition to the sum shown as due by such statement, interest thereon at
the rate of 6% per annum, unless otherwise specified, from date due as provided under
'partial payments' and final 'payments,' until fully paid, which shall fully liquidate any
injury to the Contractor growing out of such delay in payment. It is expressly agreed that
delay by the Owner in making payment to the Contractor of the sum named in any
partial or final statement shall not constitute a breach of this contract on the part of the
Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the
Contractor of his obligations to fully and completely perform hereunder.
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6. Extra Work and Claims
6.1 Change Orders
Without invalidating this Agreement, the Owner may, at any time or from time to time,
order additions, deletions or revisions to the work; such changes will be authorized by
Change Order to be prepared by the Engineer for execution by the Owner and the
Contractor. The Change Order shall set forth the basis for any change in contract price,
as hereinafter set forth for Extra Work, and any change in contract time which may
result from the change.
In the event the Contractor shall refuse to execute a Change Order which has been
prepared by the Engineer and executed by the Owner, The Engineer may in writing
instruct the Contractor to proceed with the work as set forth in the Change Order and
the Contractor may make claim against the Owner for Extra Work involved therein, as
hereinafter provided.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not Inconsistent with the overall
intent of the Contract Documents and not involving an increase in Contract Price. If the
Contractor believes that any minor change or alteration authorized by the Engineer
involves extra work and entitles him to an increase in the Contract Price, the Contractor
shall make written request to the Engineer for a written Field Order.
In such case, the Contractor by copy of his communication to the Engineer or otherwise
in writing shall advise the Owner of his request to the Engineer for a written Field Order
and that work involved may result in an increase in the Contract Price.
Any request by the Contractor for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added or
deleted by a Change Order or for which a claim for Extra Work is made shall be
determined by the unit prices upon which this contract was bid to the extent such work
can be fairly classified within the various work item descriptions and for work items that
cannot be so classified by one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra
Work is commenced, then the Contractor shall be paid the "actual field
cost" of the work, plus fifteen (15J percent.
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In the event said Extra Work be performed and paid for under Method (C), then the
provisions of this paragraph shall apply and the "actual field cost" is hereby defined to
include the cost to the Contractor of all workmen, such as foreman, timekeepers,
mechanics and laborers, and materials, supplies, trucks, rentals on machinery and
equipment, for the time actually employed or used on such Extra Work, plus actual
equipment, for the time actually employed or used on such Extra Work, plus actual
transportation charges necessarily incurred, together with all power, fuel, lubricants,
water and similar operating expenses, also all necessary incidental expenses incurred
directly on account of such Extra Work, including Social Security, Old Age Benefits and
other payroll taxes, and, a ratable proportion of premiums on Performance and Payment
Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation, and all other insurance as may be required by any law or ordinance, or
directed by the Owner, or by them agreed to. The Engineer may direct the form in which
accounts of the 'actual field cost" shall be kept and the records of these accounts shall
be made available to the Engineer. The Engineer or Owner may also specify in writing,
before the work commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise these matters shall be determined by
the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and
equipment shall be determined by using 100 per cent, unless otherwise specified, of the
latest schedule of Equipment Ownership Expense adopted by the Associated General
Contractors of America. Where practicable the terms and prices for the use of
machinery and equipment shall be incorporated in the Written Extra Work Order. The
fifteen (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and
compensate him for his profit, overhead, general Superintendence and field office
expense, and all other elements of cost and expense not embraced within the 'actual
field cost" as herein defined, save that where the Contractor's Camp or Field Office must
be maintained primarily on account of such Extra Work; then the cost to maintain and
operate the same shall be included in the "actual field cost.°
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the
Contractor to involve Extra Work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Engineer for
written order authorizing such Extra Work. Should a difference of opinion arise as to
what does or does not constitute Extra Work, or as to the payment therefor, and the
Engineer insists upon its performance, the Contractor shall proceed with the work after
making written request for written order and shall keep an accurate account of the
"actual field cost" thereof, as provided under Method(C). The Contractor will thereby
preserve the right to submit the matter of payment to arbitration, as hereinbelow
provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment
presented by the Contractor shall be in writing and filed with the Engineer within thirty
(30) days after the Engineer has given any directions, order or instruction to which the
Contractor desires to take exception. The Engineer shall reply within thirty (30) days to
such written exceptions by the Contractor and render his final decision in writing. In case
the Contractor should appeal from the Engineer's decision, any demand for arbitration
shall be filed with the Engineer and the Owner in writing within ten (10) days after the
date of delivery to Contractor of the Engineer's final decision. It is further agreed that
final acceptance of the work by the Owner and the acceptance by the Contractor of the
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final payment shall be a bar to any claims by either party, except claims by Owner for
defective work or enforcement of warranties and except as noted otherwise in the
contract documents.
6.05 Continuing Performance
The Contractor shall continue performance of the contract during all disputes or
disagreements with the Owner. The production or delivery of goods, the furnishing of
services and the construction of projects or facilities shall not be delayed, prejudiced or
postponed pending resolution of any disputes or disagreements, except as the Owner
may otherwise agree in writing.
6.06 Arbitration
All questions of dispute under this Agreement shall be submitted to arbitration at the
request of either party to the dispute. The parties may agree upon one arbiter,
otherwise, there shall be three, one named in writing by each party, and the third chosen
by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days,
he shall be chosen by a District Judge serving the County in which the major portion of
the project is located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate
shall lapse, and the decision of the Engineer shall be final and binding on him. Should
the other party fail to choose an arbiter within ten (10) days, the Engineer shall appoint
such arbiter. Should either party refuse or neglect to supply the arbiters with any papers
or information demanded in writing, the arbiters are empowered by both parties to take
ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both
parties to the contract. The decision of the arbiters upon any questions submitted to
arbitration under this contract shall be a condition precedent to any right of legal action.
The decision of the arbiter or arbiters may be filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose
contention is sustained, such sums as they deem proper for the time, expense and
trouble incident to the appeal, and if the appeal was taken without reasonable cause,
they may award damages for any delay occasioned thereby. The arbiters shall fix their
own compensation unless otherwise provided by agreement, and shall assess the cost
and charges of the arbitration upon either or both parties. The award of the arbiters must
be made in writing.
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7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor- should abandon aid fad or refuse to resume work within ten (10)
days after written notification from the Owner, or the Engineer, or if the Contractor fails
to comply with the orders of the Engineer, when such orders are consistent with the
Contract Documents, then, and in that case, where performance and payment bonds
exist, the Sureties on these bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment the Contractor shall not remove from the
work any machinery, equipment, tools, materials or supplies then on the job, but the
same, together with any materials and equipment under contract for the work, may be
held for use on the work by the Owner or the Surety on the performance bond, or
another contractor in completion of the work; and the Contractor shall not receive any
rental or credit therefor (except when used in connection with Extra Work, where credit
shall be allowed as provided for under Section 6, Extra Work and Claims), it being
understood that the use of such equipment and materials will ultimately reduce the cost
to complete the work and be reflected in the final settlement.
Where there is no performance bond provided or in case the Surety should fail to
commence compliance with the notice for completion hereinbefore provided for, within
ten (10) days after service of such notice, then the Owner may provide for completion of
the work in either of the following elective manners:
(1)
The Owner may thereupon employ such force of men and use such
machinery, equipment, tools, materials and supplies as said Owner may
deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said
Contractor, and expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this
Agreement. In case such expense is less than the sum which would
have been payable under this contract, if the same had been completed
by the Contractor, then said Contractor shall receive the difference. In
case such expense is greater than the sum which would have been
payable under this contract, if the same had been completed by said
Contractor, then the Contractor and/or his Surety shall pay the amount
of such excess to the Owner, or
(2) The Owner under competitive bids, taken after notice published as
required by law, may let the contract for the completion of the work
under substantially the same terms and conditions which are provided
in this contract. In case there is any increase in cost to the Owner under
the new contract as compared to what would have been the cost under
this contract, such increase shall be charged to the Contractor and the
Surety shalt be and remain bound therefor. However, should the cost to
complete any such contract prove to be less than would have been the
cost to complete under this contract, the Contractor and/or his Surety
shall be credited therewith.
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When the work shall have been substantially completed the Contractor and his Surety
shall be so notified and Certificates of Completion and Acceptance, as provided in
Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the
contract accounts, certified to by the Engineer as being correct, shall then be prepared
and delivered to the Contractor and his Surety, whereupon the Contractor and /or his
Surety, or the Owner as the case may be, shall pay the balance due as reflected by said
statement, within fifteen (15) days after the date of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is less
than that which would have been the cost to the Owner had the work been completed by
the Contractor under the terms of this contract; or when the Contractor and/or his Surety
shall pay the balance shown to be due by them to the owner, then all machinery,
equipment, tools, materials or supplies left on the site of the work shall be tumed over to
the Contractor and/or his Surety. Should the cost to complete the work exceed the
contract price, and the Contractor and/or his Surety fail to pay the amount due the
Owner within the time designated hereinabove, and there remains any machinery,
equipment, tools, materials or supplies on the site of the work, notice thereof, together
with an itemized list of such equipment and materials, shall be mailed to the Contractor
and his Surety at the respective addresses designated in this contract, provided,
however, that actual written notice given in any manner will satisfy this condition. After
mailing, or other giving of such notice, such property shall be held at the risk of the
Contractor and his Surety subject only to the duty of the Owner to exercise ordinary
care to protect such property. After fifteen (15) days from the date of said notice the
Owner may sell such machinery, equipment, tools, materials or supplies and apply the
net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may
elect. The Owner shall release any machinery, equipment, tools, materials, or supplies,
which remain on the work, and belong to persons other than the Contractor or his
Surety, to their proper owners. The books on all operations provided herein shall be
opened to the Contractor and his Surety.
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor,
then the Contractor may suspend or wholly abandon the work, and may remove
therefrom all machinery, tools and equipment, and all materials on the site of work that
have not been included in payments to the Contractor and have not been wrought into
the work. And thereupon the Engineer shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually
completed by said Contractor (at the prices stated in the attached proposal where unit
prices are used), the value of all partially completed work at a fair and equitable price,
and the amount of all Extra Work performed at the prices agreed upon, or provided for
by the terms of this contract, and a reasonable sum to cover the cost of any provisions
made by the Contractor to carry the whole work to completion and which cannot be
utilized. The Engineer shall then make a final statement of the balance due the
Contractor by deducting from the above estimate all previous payments by the Owner
and all other sums that may be retained by the Owner under the terms of this
Agreement and shall certify same to the Owner who shall pay to the Contractor on or
before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
GC -29
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders,
the Contractor, as soon as practicable after the award of the Contract, shall furnish to
the Engineer in writing for acceptance by the Owner and the Engineer a list of the
names of the Subcontractors proposed for the principal portions of the work. The
Engineer shall promptly notify the Contractor in writing if either the Owner or the
Engineer, after due investigation, has reasonable objection to any Subcontractor on
such list and does not accept him. Failure of the Owner or Engineer to make objection
promptly to any Subcontractor on the list shall constitute acceptance of such
Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization
(including those who are to fumish materials or equipment fabricated to a special
design) proposed for portions of the work designated in the Contract Documents or in
the Instructions to Bidders or, if none is so designated, with any Subcontractor proposed
for the principal portions of the work who has been rejected by the Owner and the
Engineer. The Contractor will not be required to contract with any Subcontractor or
person or organization against whom he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization
on a list submitted by the Contractor in response to the requirements of the Contract
Documents or the Instructions to Bidders, the Contractor shall submit an acceptable
substitute and the Contract amount shall be increased or decreased by the difference in
cost occasioned by such substitution and an appropriate change order shall be issued;
however, no increase in the Contract amount shall be allowed for any such substitution
unless the Contractor has acted promptly and responsively in submitting for acceptance
any list or lists of names as required by the Contract Documents or the Instructions to
Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or
person or organization previously accepted by them, the Contract amount shall be
increased or decreased by the difference in cost occasioned by such change and an
appropriate Change Order shall be issued.
The Contractor shall not make any substitution for any Subcontractor or person or
organization who has been accepted by the Owner and the Engineer, unless the
substitution is acceptable to the Owner and the Engineer.
8.02 Subcontractuaf Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate written agreement between the Contractor and the Subcontractor (and
where appropriate between Subcontractors and Sub - subcontractors) which shall contain
provisions that:
(1) preserve and protect the rights of the Owner and Engineer under the Contract
with respect to the work to be performed under the subcontract so that the
subcontracting thereof will not prejudice such rights;
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(2) require that such work be performed in accordance with the requirements of the
Contract Documents;
(3) require submission to the Contractor of the applications for payment under each
subcontract to which the Contractor is a party, in reasonable time to enable the
Contractor to apply for payment in accordance with this contract;
(4) require that all claims for additional costs, extensions of time, damages for
delays or otherwise with respect to subcontracted portions of the work shall be
submitted to the Contractor (via any Subcontractor or Sub- subcontractor where
appropriate) in sufficient time so that the contractor may comply in the manner
provided in the Contract Documents for like claims by the Contractor upon the
Owner;
(5) obligate each subcontractor specifically to consent to the provisions of this
section.
A copy of all such Subcontract Agreements shall be filed by the Contractor with the
Engineer before the Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner,
an amount directly based upon the value of the work performed and allowed to the
Contractor on account of such Subcontractor's work, less the percentage retained from
payments to the Contractor. The Contractor shall also require each Subcontractor to
make similar payments to his subcontractors.
If the Engineer fails to approve a payment for any cause which is the fault of the
Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the
Subcontractor on demand, made at any time after the Certificate for Payment should
otherwise have been issued, for his work to the extent completed, less the retained
percentage.
The Engineer may, on request and at his discretion, fumish to any Subcontractor, if
practicable, information regarding percentages of completion certified to the Contractor
on account of work done by such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the
payment of any moneys to such Subcontractor except as may otherwise be required.
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9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions
of the project under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, The
Contractor" in the contract documents in each case shall be the contractor who signs
each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction
and storage of their materials and equipment and the execution of their work, and shall
properly connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the
work of any other separate contractor, the Contractor shall inspect and promptly report
to the Engineer any apparent discrepancies or defects in such work that render it
unsuitable for such proper execution and results. Failure of the Contractor to so inspect
and report shall constitute an acceptance of the other contractors work as fit and proper
to receive his Work, except as to defects which may develop in the other separate
contractors work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor
on the project, the Contractor shall, upon due notice, settle with such other contractor by
agreement or arbitration, if he will so settle. If such separate contractor sues the Owner
or initiates an arbitration proceeding on account of any damage alleged to have been so
sustained, the Owner shall notify the Contractor who shall defend such proceedings at
the Contractors expense, and if any judgment or award against the Owner arises
therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all
attorneys fees and court or arbitration costs which the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be
required to complete his work except as otherwise specifically provided in the Contract
Documents. The Contractor shall not endanger any work of any other contractors by
cutting, excavating or otherwise altering any work and shall not cut or alter the work of
any other contractor except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be bome by the party responsible
therefor.
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10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury, or loss to:
(1) all employees on the work and all other persons who may be affected
thereby:
(2) all the work and all materials and equipment to be incorporated therein,
whether in storage or off the site, under the care, custody or control of
the Contractor or any of his Subcontractors or Sub - Subcontractors; and
(3) other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, fences, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of
construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and
lawful orders of any public authority having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. He shall erect and maintain, as
required by existing conditions and progress of the work, all reasonable safeguards for
safety and protection, including posting danger signs and other wamings against
hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
When the use or storage of explosives or other hazardous materials or equipment is
necessary for the execution of the work, the Contractor shall exercise the utmost care
and shall carry on such activities under the supervision of properly qualified personnel.
All Blasting, including methods of storing and handling explosives and highly
inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All
City Ordinances shalt be complied with even though some or all of the blasting is done
outside the City Limits unless the applicable Ordinance is in conflict with the law of the
jurisdiction where the action is being taken.
The following is a list of requirements in addition to Federal, State, and Local Laws and
Ordinances.
1. The Contractor shall furnish the City of Round Rock with a Certificate of Blasting
Insurance in the amount of $300,000.00 for each contract, at least twenty-four
hours prior to using explosives. A blasting permit must be obtained from the City
at least five (5) days prior to use of explosives. If Blasting is covered under the
Contractors General Insurance Certificate for each contract, a separate blasting
certificate will not be required.
2. The following public utility companies and City Department will be notified by the
Contractor, on every occasion, at least twenty-four (24) hours prior to the use of
explosives: Water and Wastewater, Electric, Gas, Telephone and the City
Engineering Department.
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3. Explosive materials to be used shall be limited to blasting agents and dynamite,
unless prior approval of other materials is obtained in writing from the
Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect
pedestrians, passing vehicles, and public or private property. Blasting mats or
protective cover shall be used when required by the City Inspector, the permit,
or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of
the City Code.
6. The Director of Engineering or his representative shall have the right to limit the
use of explosives and/or blasting methods which in his opinion are dangerous to
the public or nearby property of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all items known
to be damaged as a result of blasting. All claims of damage shall be investigated
by the City or by Consulting Firms approved by the City.
8. The Contractor shall maintain accurate records throughout the Blasting
operations showing the type explosive used, number of holes, pounds per hole,
depth of hole, total pounds per shot, delays used, date and time of blast and
initials of the Inspector. The Contractor is fully responsible for all claims
resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part by
the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable, shall be remedied by the Contractor, except damage or loss attributable solely to
faulty Drawings or Specifications or solely to the acts or omissions of the Owner or
Engineer or anyone employed by either of them, and not attributable in any degree to
the fault or negligence of the Contractor.
The contractor shall designate a responsible member of his organization at the site
whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated in writing by the Contractor to the Owner
and the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be solely
responsible for the location and protection of any and all public utility lines and utility
customer service lines in the work area. The Contractor shall exercise due care to
locate and to mark, uncover or otherwise protect all such lines in the construction zone
and any of the Contractor's work or storage areas. Upon request, the Owner shall
provide such information as it has about the location and grade of water, sewer, gas,
and telephone and electric lines and other utilities in the work area but such information
shall not relieve or be deemed to be in satisfaction of the Contractor's obligation
hereunder, which shall be primary and nondelegable. Any such lines damaged by the
Contractor's operations shall be immediately repaired by the Contractor or he shall
cause such damage to be repaired at his expense.
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7.0 SPECIAL CONDITIONS
SECTION 01- INFORMATION
01 -01 ENGINEER
The word "Engineer° in these Specifications shall be understood as referring to the City
of Round Rock, 221 East Main Street, Round Rock, Texas 78664, Engineer of the
Owner, or the Engineer's authorized representative to act in any particular position for
the Owner.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5) counterpart (original signed)
sets. Owner will fumish Contractor two (2) sets of conforming Contract Documents and
Specifications and four (4) sets of Plans free of charge, and additional sets will be
obtained from the Engineer at commercial reproduction rates plus 20% for handling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be govemed
by any existing Resolutions, Codes and Ordinances, and any subsequent amendments
or revisions thereto as set forth by the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the definite
value of damages which would result from delay would be incapable of ascertainment
and uncertain, so that for each day of delay beyond the number days of herein agreed
upon for the completion of the work herein specified and contracted for, after due
allowance for such extension of time as is provided for under the provisions of Section
4.02 of the General Conditions, the Owner may withhold permanently from the
Contractors total compensation, not as penalty but as liquidated damages, the sum of
$100.00 per calendar day.
01 -05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as indicated on
Plans.
01 -06 USAGE OF WATER
All water used during construction shall be provided by the City. The City shall specify
the location from which the Contractor is to procure water. The Contractor shall be
responsible for providing all apparatus necessary for procuring, storing, transporting and
using water during construction. The Contractor shall strive to use that amount of water
which is reasonable to perform the work associated with this contract and shall
endeavor to avoid excessive waste. The Contractor will be required to pay for all water
used if it is found that unnecessary or excessive waste is occurring during construction.
01 -07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on or before the
time specified in Section 5.04 of the General Conditions, then the pay estimate will not
be processed and will be returned to Contractor.
SC -1
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the Contractor's
responsibility to make arrangements with the Owners of such utility companies to
uncover their particular utility lines or otherwise confirm their location. Certain utility
companies perform such services at their own expense, however, where such is not the
case, the Contractor will cause such work to be done at his own expense.
02 -02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while performing
the work associated with this contract. No additional payment will be made for this item.
02 -03 GUARANTEES
The Contractor warrants the materials and workmanship and that the work is in
conformance with the plans and specifications included in this contract for the period
that the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in
effect. Upon notice from Owner, the Contractor shall repair defects in all construction or
materials which develop during specified period and at no cost to Owner. Neither final
acceptance, Certificate of Completion, final payment nor any provision in Contract
Documents relieves Contractor of above guarantee. Notice of observed defects will be
given with reasonable promptness. Failure to repair or replace defect upon notice
entitles Owner to repair or replace same and recover reasonable cost thereof from
Contractor.
02 -04 MINIMUM WAGE SCALE
Contractors are required to pay prevailing wage rates to laborers, workmen and
mechanics employed on behalf of the City engaged in the construction of public works.
The wage rate for these jobs shall be the general prevailing wage rates for work of a
similar character. This applies to Contractors and Subcontractors. The Contractors and
Subcontractors shall keep and make available records of workers and their wages.
Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the
Owner. There is a statutory penalty of $60.00 per worker per day or portion of a day that
the prevailing wage rate is not paid by the Contractor or any Subcontractor.
02 -05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources committed to this Project;
therefore, it shall be understood by all bidders that the Owner may be required to
change and /or delete any items which he may feel is necessary to accomplish at or part
of the scope of work within its limit of financial resources. Contractor shall be entitled to
no claim for damages anticipated profits on any portion of work that may be omitted. At
any time during the duration of this contract, the Owner reserves the right to omit any
work from this contract. Unit prices for all items previously approved in this contract shall
be used to delete or add work per change order.
02 -06 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review the quality of materials and
workmanship.
SC -2
02 -07 LIMITS OP WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included in this Contract,
so authorized by the Owner, as described in the contract documents and technical
specifications. All items of work not specifically paid for in the bid proposal shall be
included in the unit price bids. Any question arising as to the limits of work shall be left
up to the interpretation of the Engineer.
02 -08 PAYMENT FOR MATERIALS ON HAND
Owner will not pay for materials on hand. Payment will be made for work completed in
accordance with monthly estimate procedure stipulated in the General Conditions of the
Agreement.
02 -09 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the working
drawings during the course of the Project as they occur. Upon completion of the Project
and prior to final acceptance and payment, the Contractor shall submit to the Engineer
one set of his working drawings, dated and signed by himself and his project
superintendent and labeled as "As- Built ", that shows all changes and revisions outlined
above and that shows field locations of all above ground appurtenances including but
not limited to valves, fire hydrants and manholes. These as -built drawings shall become
the property of the Owner. Each appurtenance shall be located by at least two (2)
horizontal distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used for as- builts
tie-ins provided no existing utilities as previously described are available. Costs for
delivering as -built drawings shall be subsidiary to other bid items.
02 -10 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work is to done, right -of-
way for access to same and such other lands which are designated for use of
Contractor. Contractor provides, at his expense and without liability of Owner, any
additional land and access thereto that may be required for his construction operations,
temporary construction facilities, or for storage of materials.
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to grade and
alignment of proposed improvements immediately notify engineer, who without delay,
will determine if existing utilities are to be relocated, or grade and alignment of proposed
improvements changed. Where necessary to move existing services, poles, guy wires,
pipelines, etc., as determined by the Engineer, the Contractor will make arrangements
with the owner of the utility to be moved and have it moved. The costs of any utility
relocations will be at the Contractor's sole expense. Owner will not be liable for
relocations costs or damages on account of delays due to changes made by owners of
privately owned utilities which hinder progress of the work.
SC -3
02 -12 CONSTRUCTION STAKING
All construction staking required to complete the work associated with this contract shall
be provided by the Contractor. The Contractor shall be responsible for determining the
layout and extent of staking necessary to construct the improvements to the lines and
grades shown in the Plans. This item shall not be paid for separately and shall be
considered subsidiary to other bid items.
SECTION 03 TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles at all times. When it
becomes necessary to restrict access, the Contractor shall notify all applicable agencies
tie. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of
traffic shall be opened to the public. The Contractor shall be responsible for all
maintenance, signing and safety precautions necessary for traffic control. This item shall
be considered subsidiary to other bid items and no additional compensation shall be
given for complying with this Special Condition.
SECTION 04 MAINTENANCE BOND
Per City of Round Rock Ordinances, a two (2) year Maintenance Bond naming the City
of Round Rock as obligee will be required for public streets constructed without lime
stabilization of subgrade material when the Plasticity Index of the subgrade is above 24.
Maintenance Bond shall remain in effect for two (2) years from date of City of Round
Rock acceptance of improvements. Such bonds shall be from an approved surety
company holding a permit from the State of Texas to act as surety or other surety or
sureties acceptable to the Owner prior to final payment.
A one (1) year Maintenance Bond in the amount of one hundred (100 %) percent of the
contract price will be required for all other improvements and shall be submitted prior to
final payment. Such bonds shall be from an approved surety company holding a permit
from the State of Texas to act as surety (and acceptable according to the latest list of
companies holding certificates of authority from the Security of the Treasury of the
United States) or other surety or sureties acceptable to the Owner prior to final payment.
SECTION 5 INSURANCE
3.18 Insurance
Section 3.18 of the General Conditions of the Agreement is hereby amended to
include the following:
Contractor shall carry insurance in the following types and amounts for the
duration of this Contract, which shall include items owned by Owner in care,
custody and control of Contractor prior and during construction and warranty
period, and furnish Certificates of Insurance along with copies of policy
declaration pages and all policy endorsements as evidence thereof:
a. Statutory Worker's Compensation and minimum $100,000 Employers
Liability Insurance.
SC-4
b. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence and $1,000,000 Aggregate or $500,000 for
this designated project and $100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, non -owned and hired
vehicles with minimum limits for Bodily Injury of $250,000 for each
person and $500,000 for each occurrence and Property Damage limits
of $100,000 or Combined Single Limit of $600,000.
d. On all new or remodeling building projects: All Risk Builders Risk
Insurance for insurable building projects shall be insured in the amount
of the contract price for such improvements. Owner and Contractor
waive all rights against each other for damages caused by fire or other
perils to the extent covered by Builders Risk Insurance required under
this section, except as to such rights as they may have in the proceeds
of such insurance. Contractor shall require similar waivers by
Subcontractors and Sub - subcontractors.
e. Owner and Contractor's Protective Policy. The Contractor shall provide
and maintain during the life of this contract and until all work under said
contract has been completed and accepted by the Owner, an Owner's
and Contractor's Protective Policy which co- insures the Owner and the
Owner's agents and employees with the same Commercial General.
Liability coverage as described above, entitled "Commercial General
Liability Insurance."
When off site storage is permitted, policy will be endorsed for transit and off site
storage in amounts sufficient to protect property being transported or stored.
This insurance shall include, as insured, City of Round Rock, Contractor,
Subcontractors and Sub - subcontractors in the work, as their respective interest
may appear.
If insurance policies are not written for amount specified in b. and c. above,
Contractor is required to carry an Excess Liability Insurance Policy for any
difference in amounts specified.
Contractor shall be responsible for deductibles and self insured retentions, if
any, stated in policies. Any self insured retention shall not exceed ten percent of
minimum required limits. All deductibles or self insured retentions shall be
disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract until he has
obtained required insurance and until such insurance has been reviewed by
Owner's Contract Administration Office. Contractor shall not allow any
Subcontractors to commence work until insurance required has been obtained
and approved. Approval of insurance by Owner shall not relieve or decrease
liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in the State of
Texas at the time policy is issued and acceptable to owner.
Contractor shall produce an endorsement to each effected policy:
SC -5
1 Naming City of Round Rock, 221 East Main Street, Round Rock, Texas
78664 as additional insured (except Workers' Compensation and
Builders Risk).
2. That obligates the insurance company to notify Joanne Land, City
Secretary, City of Round Rock, 221 East Main Street, Round Rock,
Texas 78664 of any and at changes to policy 30 days prior to change.
3. That the "other" insurance clause shall not apply to Owner where City of
Round Rock is an additional insured shown on policy. It is intended that
policies required in this agreement, covering both Owner and
Contractor, shall be considered primary coverage as applicable.
Contractor shall not cause any insurance to be canceled nor permit any
insurance to lapse during term of this Contract or as required in the Contract .
If Contractor is underwritten on a claim -made basis, the retroactive date shall be
prior to, or coincident with, the date of this Contract and the Certificate of
Insurance shall state that coverage is claims made and also the retroactive
date. Contractor shall maintain coverage for duration of this Contract and for
two years following completion of this Contract.
Contractor shall provide the City annually a Certificate of Insurance as evidence
of such Insurance. It is further agreed that Contractor shall provide Owner a 30
day notice of aggregate erosion, an advance of the retroactive date,
cancellation and/or renewal.
It is also agreed that Contractor will invoke the tail option at request of Owner
and the Extended Reporting Period (ERP) premium shall be paid by Contractor.
Owner reserves the right to review insurance requirements of this section during
effective period of the Contract and to make reasonable adjustments to
insurance coverages and their limits when deemed necessary and prudent by
Owner based upon changes in statutory law, court decisions or the claims
history of the industry as well as Contractor.
Owner shall be entitled, upon request, and without expense, to receive copies of
policies and all endorsements thereto and may make any reasonable requests
for deletion or revision or modification of particular policy terms, conditions,
limitations or exclusions, except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter on any
of such policies.
Actual losses not covered by insurance as required by the section shall be paid
by Contractor.
SC -6
8.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF: WORK
The work covered by these Specifications consists of furnishing all labor, equipment,
appliances, materials and performing all operations in connection with the Park Valley Drive,
Roadway Construction and Drainage Improvements, complete in accordance with the Plans,
and subject to the terms and conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECTFICATIONS
NOTE: The item number designation shown in parentheses adjacent to captions herein is
a reference to the City of Austin Standard Specifications for Construction of Highways,
Streets and Bridges.
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted and amended by the City
of Round Rock and the current City of Austin Erosion Sedimentation Control Manual are
hereby referred to and included in this contract as fully and to the same extent as if
copied at length herein and they shall be applied to this project except as modified in
these Specifications and on the Plans.
Wherever the term 'City of Austin" is used in the above referenced specifications, it shall
be construed to mean the City of Round Rock.
Wherever the term "Engineer" is used in the above referenced specifications, it shall be
construed to mean the City of Round Rock.
ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from all rubbish
and debris and shall clean -up the site promptly when notified to do so by the Engineer.
The Contractor shall, at his own expense, maintain the streets and roads free from dust,
mud, excess earth or debris which constitutes a nuisance or danger to the public using
the thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads over which hauling is done,
and any such spillage or debris deposited on streets, due to the Contractor's operations,
shall be immediately removed.
2.01.2 BACKWORK
The Contractor shall coordinate his operations in such a manner as to prevent the
amount of clean -up and completion of back works from becoming excessive. Should
such a condition exist, the Engineer may order all or portions of the work to cease and
refuse to allow any work to commence until the back work is done to the Engineer's
satisfaction.
TS -1
2.02 GRADING
The Contractor shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat and
satisfactory condition approved by the Engineer.
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the Engineer,
representatives of all governmental entities which have jurisdiction, and the Owner's
authorized representative. The quality of material and the quality of installation of the
improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's
responsibility for the construction methods and safety precautions in the undertaking of
this Contract.
3.02 NOTIFICATION
The Engineer and Owner must be notified a minimum of 24 -hours in advance of
beginning construction, testing, or requiring presence of the Engineer, project
representative, or Owner's representative.
3.03 CONSTRUCTION STAKING
The Engineer shall fumish the Contractor reference points and benchmarks that, in the
Engineer's opinion, provide sufficient information for the Contractor to perform
construction staking.
3.04 PROTECTION OF STAKES. MARKS. ETC.
All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully
preserved by the Contractor, and in case of destruction or removal during the course of
this project, such stakes, marks, property corners, etc., shall be replaced by the
Contractor at the Contractor's sole expense.
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES. PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve all existing trees, plants
and shrubs but where it is justifiable and necessary the Contractor may remove trees
and plants for construction right -of -way but only with approval of the Engineer.
TS -2
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with the Texas
Department of Transportation "Texas Manual of Uniform Traffic Control Devices" and in
other locations deemed necessary by the Engineer, for the protection life and property.
Under no circumstances will any existing road be permitted to remain closed over a
weekend. No separate pay will be made for this item. Costs for this item shall be
subsidiary to other items of work.
4.04 PROPERTYLINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and resetting of
property comer monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement for the disposal of surplus
material, such as rock, trees, brush and other unwanted backfill materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional space as necessary for his
operations and storage of materials.
ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any maker,
patentee, manufacturer, or dealer, such designations shall be taken as intending to
mean and specify the articles described or another equal thereto in quality, finish, and
serviceability for the purpose intended, as may be determined and judged by the
Engineer in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the Contractor for any temporary purpose
whatever is to be incorporated in the permanent structure without the written consent of
the Engineer. Where materials or equipment are specified by a trade or brand name, it
is not the intention of the owner to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of quality for performance, and to
establish an equal basis for the evaluation of bids. Where the words 'equivalent ",
"proper" or "equal to are used, they shall be understood to mean that the item referred
to shall be "proper ", the "equivalent" of, or "equal to" some other item, in the opinion or
judgment of the Engineer. Unless otherwise specified, all materials shall be the best of
their respective kinds and shall be in all cases fully equal to approved samples.
Notwithstanding that the words "or equal to" or other such expressions may be used in
the specifications in connection with a material, manufactured article or process, the
material, article or process specifically designated shall be used, unless a substitute is
approved in writing by the Engineer, and the Engineer will have the right to require the
use of such specifically designated material, article or process.
TS-3
TECHNICAL SPECIFICATIONS
City of Austin Standard Specifications adopted by the City of Round Rock
Item No.
Description No. of Pages
101 Preparing Right of Way 2
102 Clearing and Grubbing 1
104 Removing Concrete 2
110 Street Excavation 2
111 Excavation 2
132 Embankment 3
201 Subgrade Preparation 2
210 Flexible Base 3
230 Rolling (Flat Wheel) 1
232 Rolling (Pneumatic Tire) 2
236 Proofrolling 2
301 Asphalts, Oils and Emulsions 6
306 Prime Coat 2
340 Hot Mix Asphaltic Concrete Pavement 11
360 Concrete Pavement 26
401 Structural Excavation and Backfill 6
403 Concrete for Structures 7
405 Concrete Admixtures 2
406 Reinforcing Steel 5
408 Concrete Joint Materials 2
409 Membrane Curing 2
410 Concrete Structures 16
411 Surface Finishes for Concrete 6
430 Concrete Curb and Gutter 2
432 Concrete Sidewalks 2
433 Concrete Driveways 2
436 Concrete Valley Gutters 2
503 Frames, Grates, Rings and Covers 2
504 Adjusting Structures 2
506 Manholes - 6
508 Miscellaneous Structures and appurtenances 4
509 Trench Safety Systems 2
510 Pipe 40
511 Water Valves 6
559 Concrete Box Culverts 6
591 Riprap for Slope Protection 3
594 Gabions 5
601 Salvaging and Placing Topsoil 1
604 Seeding for Erosion Control 3
606 Fertilizer 1
TS -4
Item No.
TECHNICAL SPECIFICATIONS CONTINUED
Description No. of Pages
608 Planting 4
610 Preservation of Trees and Other Vegetation 3
639 Rock Berm 1
640 Mortared Rock Wall 1
641 Stabilized Construction Entrance 1
642 Silt Fence 2
701 Fencing 4
702 Removing and Relocating Existing Fence 2
704 Metal Beam Guard Railing 2
803 Barricades, Signs and Traffic Handling 2
824 Traffic Signs 4
825 Street Name Sign 3
860 Pavement Marking Paint 6
863 Reflectorized Pavement Markers 2
867 Epoxy Adhesive 3
TS -5
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Revised: 5/28/1999 By: , .4
Added Water Quality Pond "D"
1. Description
WATER QUAUTY AND DETENTION POND
CONSTRUCTION
This item shall consist of modifying and enlarging existing Detention Ponds "A" and "B ", and
construction of Water Quality Pond "C" and "D ". The work shall include all necessary tree
removal, clearing, excavation, grading, 1:1 mortared rock walls and temporary and final seeding
to stabilize disturbed areas. Additionally, the construction of Water Quality Pond "C" and "D" shall
include the placement of 6" perforated and unperforated P.V.C., clay liner (or geomembrane),
sand filter, drainage matting and a concrete splitter box with weir.
Construction of Water Quality Pond "D" shall include the above referenced items. and also
includes the construction of a parallel culvert winawall in coniunctlon with the concrete splitter box
and overflow weir as detailed in the drawings.
Reinforced concrete pipe, manholes, and headwalls shall be measured and paid for in
accordance with their respective Items.
2. Materials
(1) Rock: White Limestone, in accordance with Item 640.
(2) Concrete: Reinforced structural concrete in accordance with Items 401, 403, 406, 410.
(3) Clay Liner (Alternatively geomembrane): Specifications as noted in the drawings.
(4) Geotextile Fabric: Specifications as noted in the drawings.
(5) Drainage Matting: Specifications as noted in the drawings.
(6) P.V.C. Underdrain Pipe: 6" Perforated P.V.C. pipe underdrain with cleanouts at the
locations noted on the drawings. Use unperforated pipe from a point one foot inside the
filtration pond to the first manhole.
(7) Sand: 0.02" to 0.04" diameter in accordance with ASTM 33.
(8) Gabions: In accordance with Item 594.
(9) Stones for Gabions: 5" minimum diameter. See Item 594 for additional information.
3. Construction Methods
All materials and construction methods shall be in accordance with the specifications, however
the Contractor shall also refer to the City of Austin Environmental Criteria Manual for further
information.
The construction area shall be cleared of only those trees indicated on the drawings. Trees to
remain shall be protected in accordance with Item 610 and relevant details in the drawings.
N:\940501 \pondspec.doc Page 1 05/28/99
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Contractor shall be responsible for any damage to trees designated to remain, or to trees and
vegetation outside of the limits of construction.
The contractor shall schedule construction activities such that Detention Pond "A" and Water
Quality Pond "C" and "D" are completed prior to construction of the Park Valley Storm Sewer
System.
Modifications to Detention Pond "B" may be completed as necessary.
Contractor shall field verify all existing utility locations prior to beginning construction. Cap the
existing sprinkler system in the vicinity of Pond "A" as necessary to complete the proposed
improvements.
The contractor shall maintain temporary and permanent vegetation and erosion /sedimentation
controls until the construction area is stabilized. No temporary controls are to be removed unless
directed by the Engineer.
4. Measurement
The work described in this specification shall be measured by each detention or water quality
pond modified or constructed using the pay Items described below. It Is the Intent of this Item to
furnish complete detention and water quality ponds that function in accordance with City of Round
Rock and TNRCC requirements.
5. Payment
WATER QUALITY AND DETENTION POND
CONSTRUCTION
The work described in this specification shall be paid for under the following Items, which shall be
full compensation for modifying or constructing Ponds "A ", "B ", and "C" and 'D" as noted in the
specifications and depicted in the drawings.
Modifications to Detention Pond "A" induding tree removal, clearing, excavation, and 1:1
mortared rock wall, complete in accordance with drawings and specifications
Per Lump Sum
Modifications to Detention Pond "B" including tree removal, headwall removal, clearing,
excavation, and 1:1 mortared rock wall, complete in accordance with drawings and specifications
Per Lump Sum
Construction of Water Quality Pond "C" including tree removal, clearing, excavation, 1:1 mortared
rock wall, gabions, concrete splitter box, 6" perforated and unperforated pipe, clay liner (or
geomembrane), and drainage matting, complete in accordance with drawings and specifications
Per Lump Sum
Construction of Water Quality Pond "D" including tree removal, clearing, excavation, 1:1 mortared
rock wall, gabions, parallel headwall /concrete splitter box 6" perforated and unperforated pipe,
clay liner (or geomembrane), and drainage matting, complete in accordance with drawings and
specifications
Per Lump Sum
End
N:\940501 \pondspec.doc Page 2 05/28/99
9.0 PLANS, DETAILS AND NOTES
PLANS
The construction drawings covered by this Contract are under separate cover, but are
considered as attached, and form a part of this Contract.
PDN -1
GENERAL NOTES
CONSTRUCTION NOTES:
1. THE STANDARD SPECIFICATIONS FOR THE CONSTRUCTION OF HIGHWAYS,
STREETS AND BRIDGES OF THE CITY OF AUSTIN, TEXAS, AS ADOPTED BY THE
CITY OF ROUND ROCK SHALL GOVERN MATERIALS AND METHODS USED TO DO
THIS WORK.
2. PRIOR TO BEGINNING CONSTRUCTION, THE CONTRACTOR SHALL CONVENE A
PRE - CONSTRUCTION CONFERENCE BETWEEN THE CITY OF ROUND ROCK,
HIMSELF, THE ENGINEER, OTHER UTILITY COMPANIES, ANY AFFECTED PARTIES
AND ANY OTHER ENTITY THE CITY OR ENGINEER MAY REQUIRE. ALL PARTIES
SHALL BE NOTIFIED AT LEAST 48 HOURS PRIOR TO THE TIME OF THE
CONFERENCE.
3. THE CONTRACTOR SHALL GIVE THE CITY OF ROUND ROCK A MINIMUM OF 48
HOURS NOTICE BEFORE BEGINNING EACH PHASE OF CONSTRUCTION.
TELEPHONE 218 -5555, PUBLIC WORKS DEPARTMENT.
4. CONTRACTOR SHALL VERIFY EXACT DEPTHS AND LOCATION OF ALL EXISTING
UTILITIES PRIOR TO BEGINNING OF CONSTRUCTION. THE CONTRACTOR AT HIS
OWN COST WILL REPAIR ANY EXISTING PAVEMENT, CURBS, FENCES AND /OR
SIDEWALKS DAMAGED OR REMOVED. UTILITIES SHALL BE CONTACTED A MINIMUM.
OF 48 HOURS PRIOR TO CONSTRUCTION.
LONE STAR GAS 1 -800- 344 -8377
TU ELECTRIC 1- 800 - 242 -9113
SOUTHWESTERN BELL 1- 800- 669 -8344
5. THE SUBGRADE MATERIAL FOR THE STREET SHOWN HEREIN WAS TESTED BY
RABA - KISTNER BRYTEST CONSULTANTS. INC. AND THE PAVEMENT DESIGN IS IN
ACCORDANCE WITH THE CURRENT CITY OF ROUND ROCK DESIGN CRITERIA AS
SHOWN IN THE PREVIOUSLY SUBMITTED GEOTECHNICAL REPORT 10 JULY 1998).
THE PAVING SECTIONS ARE TO BE CONSTRUCTED AS FOLLOWS:
FLEX. BASE HMAC
STREET STATION THICKNESS THICKNESS
PARK 10 +00 12" 4" TYPE `C"
VALLEY TO
DRIVE 32 +51
6. PRIOR TO ANY CONSTRUCTION, THE CONTRACTOR SHALL APPLY FOR AND
SECURE ALL PROPER PERMITS FROM THE APPROPRIATE AUTHORITIES.
7. IF BLASTING IS PLANNED BY THE CONTRACTOR, A BLASTING PERMIT MUST BE
SECURED FROM THE CITY OF ROUND ROCK PRIOR TO COMMENCEMENT OF ANY
CONSTRUCTION. BLASTING WILL NOT BE PERMITTED WITHIN 15 FEET OF ANY
EXISTING UTILITY LINES OR STRUCTURES WITHOUT PRIOR WRITTEN CONSENT OF
THE ENGINEER.
8. DUST CONTROL MEASURES PROVIDED BY THE CONTRACTOR AT THE DISCRETION
OF THE CITY INSPECTOR.
9. BASE DENSITY AND THICKNESS TESTS ARE REQUIRED PRIOR TO APPLICATION OF
PRIME COAT.
PDN -2
10. ALL TESTING SHALL BE MADE BY AN INDEPENDENT LABORATORY AT THE
OWNER'S EXPENSE. ANY RETESTING SHALL BE PAID FOR BY THE CONTRACTOR.
A CITY INSPECTOR SHALL BE PRESENT DURING ALL TESTS, AND THE CITY
INSPECTORS SHALL BE GIVEN A MINIMUM OF 24 HOURS NOTICE PRIOR TO ANY
TESTING. TELEPHONE 218 -5555 (INSPECTIONS). PAVEMENT SURFACE SHALL BE
TYPE "C" HOT -MIX, HOT -LAY ASPHALTIC CONCRETE WITH A MINIMUM ASPHALT
CONTENT OF 5 %.
11. EXISTING ASPHALT OR CONCRETE STRUCTURES, DRIVEWAYS, AND PAVEMENT
SECTIONS TO BE TIED INTO SHALL BE SAW CUT TO SMOOTH, NEAT LINES.
12. BACKFILL BEHIND CURBS SHALL BE COMPACTED AS DIRECTED BY THE
ENGINEER. MATERIAL USED FOR CURB BACKFILL SHALL BE PRIMARILY GRANULAR
(CLAY MATERIAL WITH P.I. GREATER THAN 35 ARE PROHIBITED) AND FREE FROM
STONES LARGER THAN 1 1/2" IN THEIR GREATEST DIMENSION. A 3" LAYER OF
SANDY LOAM TOP SOIL SHALL BE PLACED ON THE BACKFILL UP TO FINISH GRADE.
NO PAYMENT WILL BE MADE FOR THIS WORK, BUT SHALL BE CONSIDERED
SUBSIDIARY TO THE VARIOUS BID ITEMS.
13. ALL EXISTING MANHOLE FRAME, COVERS, AND WATER VALVES WITHIN THE
STREET SHALL BE RAISED TO FINISH PAVEMENT GRADE PRIOR TO FINAL PAVING
CONSTRUCTION. PAYMENT FOR THIS WORK SHALL BE CONSIDERED SUBSIDIARY
TO THE VARIOUS BID ITEMS.
14. AT INTERSECTIONS WHICH HAVE VALLEY DRAINAGE, THE CROWN OF THE
INTERSECTING STREET OR DRIVEWAY WILL BE CULMINATED IN A DISTANCE OF 25
FEET FROM THE INTERSECTING CURB LINE UNLESS OTHERWISE NOTED.
15. ALL R.C.P. USED FOR DRAINAGE PURPOSES SHALL BE ASTM -C76, CLASS III, WALL
B, (UNLESS OTHERWISE NOTED ON THE PLANS). ALL JOINTS SHALL BE SEALED
WITH "RAM -NECK" JOINT FILLER, OR APPROVED EQUAL, UNLESS STATED
OTHERWISE ON THE DRAWINGS.
16. IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE U.S.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REGULATIONS, ALL
TRENCHES OVER 5 FEET IN DEPTH IN EITHER HARD AND COMPACT OR SOFT AND
UNSTABLE SOIL SHALL BE SLOPED, SHORED, SHEETED, BRACED OR OTHERWISE
SUPPORTED. FURTHERMORE, ALL TRENCHES LESS THAN 5 FEET IN DEPTH SHALL
ALSO BE EFFECTIVELY PROTECTED WHEN HAZARDOUS GROUND MOVEMENT MAY
BE EXPECTED. TRENCH SAFETY SYSTEMS TO BE UTILIZED FOR THIS PROJECT AS
DESCRIBED IN SECTION 9.0 OF THE SPECIFICATIONS.
17. IN ACCORDANCE WITH THE U.S. OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION REGULATIONS, WHEN EMPLOYEES ARE REQUIRED TO BE IN
TRENCHES 4 -FEET DEEP OR MORE, ADEQUATE MEANS OF EXIT, SUCH AS A
LADDER OR STEPS, MUST BE PROVIDED AND LOCATED SO AS TO REQUIRE NO
MORE THAN 25 FEET OF LATERAL TRAVEL.
18. THE CONSTRUCTION ACTIVITIES ASSOCIATED WITH THIS PROJECT MUST MEET
ALL APPLICABLE CRITERIA OF THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION SET FORTH IN 20 TEXAS ADMINISTRATIVE CODE (TAC) f 213.5(b) —
WATER POLLUTION ABATEMENT PLAN FOR REGULATED ACTIVITIES UNDERTAKEN
ON THE RECHARGE ZONE OF THE EDWARDS AQUIFER.
PDN -3
19. TEMPORARY EROSION AND SEDIMENTATION CONTROLS ARE REQUIRED DURING
CONSTRUCTION. THE CONTROLS MUST REMAIN IN PLACE UNTIL DISTURBED
AREAS ARE REVEGETATED AND THE AREAS HAVE BECOME PERMANENTLY
STABILIZED. THE TEMPORARY EROSION AND SEDIMENTATION CONTROLS MUST
BE INSPECTED PERIODICALLY FOR DAMAGE CAUSED BY CONSTRUCTION
ACTIVITIES AND FOLLOWING EVERY RAINFALL. DAMAGED OR OBSTRUCTED
CONTROLS MUST BE REPAIRED OR REPLACED AS NECESSARY TO MAINTAIN
PROPER OPERATION.
20. IF ANY SENSITIVE FEATURE IS DISCOVERED DURING CONSTRUCTION,
REGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MUST BE SUSPENDED
IMMEDIATELY. THE OWNER MUST IMMEDIATELY NOTIFY THE APPROPRIATE
REGIONAL OFFICE OF THE TNRCC OF THE SENSITIVE FEATURE DISCOVERED.
THE REGULATED ACTIVITIES NEAR THE SENSITIVE FEATURE MAY NOT PROCEED
UNTIL THE EXECUTIVE DIRECTOR HAS REVIEWED AND APPROVED THE METHODS
PROPOSED TO PROTECT THE SENSITIVE FEATURE AND THE EDWARDS AQUIFER
FROM ANY POTENTIALLY ADVERSE IMPACTS TO WATER QUALITY WHILE
MAINTAINING THE STRUCTURAL INTEGRITY OF THE LINE.
21. ANY MODIFICATION TO THE APPROVED WATER POLLUTION ABATEMENT PLAN
MUST BE SUBMITTED TO THE APPROPRIATE REGIONAL OFFICE FOR APPROVAL
BY THE EXECUTIVE DIRECTOR OF THE TNRCC BEFORE CONSTRUCTION OF THE
PROPOSED MODIFICATION MAY COMMENCE.
22. ALL CONTRACTORS CONDUCTING REGULATED ACTIVITIES ASSOCIATED WITH
THIS PROJECT MUST BE PROVIDED WITH COPIES OF THE APPROVED WATER
POLLUTION ABATEMENT PLAN AND THE TNRCC LETTER INDICTING THE SPECIFIC
CONDITIONS OF ITS APPROVAL. DURING THE COURSE OF THESE REGULATED
ACTIVITIES, THE CONTRACTORS ARE REQUIRED TO KEEP ON -SITE COPIES OF
THE APPROVED PLAN AND APPROVAL LETTER.
23. EROSION CONTROL MEASURES, SITE WORK AND RESTORATION WORK SHALL BE
IN ACCORDANCE WITH THE CITY OF ROUND ROCK EROSION AND SEDIMENTATION
CONTROL ORDINANCE.
24. ALL SLOPES SHALL BE SODDED OR SEEDED WITH APPROVED GRASS, GRASS
MIXTURES OR GROUND COVER SUITABLE TO THE AREA AND SEASON IN WHICH
THEY ARE APPLIED.
25. SILT FENCES, ROCK BERMS, SEDIMENTATION BASINS AND SIMILARLY
RECOGNIZED TECHNIQUES AND MATERIALS SHALL BE EMPLOYED DURING
CONSTRUCTION TO PREVENT POINT SOURCE SEDIMENTATION LOADING OF
DOWNSTREAM FACILITIES. SUCH INSTALLATION SHALL BE REGULARLY
INSPECTED BY THE CITY OF ROUND ROCK FOR EFFECTIVENESS. ADDITIONAL
MEASURES MAY BE REQUIRED IF, IN THE OPINION OF THE CITY ENGINEER, THEY
ARE WARRANTED.
26. ALL TEMPORARY EROSION CONTROL MEASURES SHALL NOT BE REMOVED UNTIL
FINAL INSPECTION AND APPROVAL OF THE PROJECT BY THE ENGINEER. IT SHALL
BE THE RESPONSIBILITY OF THE CONTRACTOR TO MAINTAIN ALL TEMPORARY
EROSION CONTROL STRUCTURES AND TO REMOVE EACH STRUCTURE AS
APPROVED BY THE ENGINEER.
PDN -4
27. REMOVAL OF SILT FENCE AND ROCK BERMS WILL NOT BE PAID FOR DIRECTLY,
BUT SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. REMOVAL
OF ACCUMULATED SILT AT THE SILT FENCE AND ROCK BERM LOCATIONS SHALL
BE AS DIRECTED BY THE ENGINEER AND WILL NOT BE PAID FOR DIRECTLY, BUT
SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS.
28. THE CONTRACTOR IS RESPONSIBLE FOR PROPER DRAINAGE DURING ALL
PHASES OF CONSTRUCTION. WATER WILL NOT BE ALLOWED TO POND ON ANY
ROADWAY SURFACE AND RUNOFF FROM ADJACENT PROPERTIES SHALL NOT BE
IMPEDED. THIS MAY INVOLVE THE CONSTRUCTION OF TEMPORARY DRAINAGE
FACILITIES AS DIRECTED BY THE ENGINEER. THE COST OF ANY ADDED
MATERIALS REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF ANY
TEMPORARY DRAINAGE FACILITIES WILL NOT BE PAID FOR DIRECTLY BUT WILL BE
CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS INVOLVED.
29. THE CONTRACTOR SHALL FURNISH AND MAINTAIN ADEQUATE WARNING SIGNS,
BARRICADES, FLASHERS, OR OTHER TRAFFIC CONTROL DEVICES TO BE PLACED
AFTER WORKING HOURS AS NEEDED IN ACCORDANCE WITH THE PLANS, OR THE
"TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES" OR AS DIRECTED BY
THE ENGINEER.
30. ALL PAVEMENT MARKINGS, MARKERS, PAINT, TRAFFIC BUTTONS, TRAFFIC
CONTROLS AND SIGNS SHALL CONFORM TO AND BE INSTALLED IN ACCORDANCE
WITH THE TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES FOR
STREETS AND HIGHWAYS, LATEST EDITION.
31. THE ELIMINATION OF EXISTING PAVEMENT MARKINGS SHALL BE AS DIRECTED BY
THE ENGINEER. NO DIRECT PAYMENT WILL BE MADE FOR THIS WORK, BUT SHALL
BE CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS.
32. SIGNS, BARRICADES AND CHANNELIZING DEVICES ARE SHOWN AT APPROXIMATE
LOCATIONS ON THE TRAFFIC CONTROL PLAN SHEETS. ACTUAL LOCATIONS MAY
VARY AS DICTATED BY FIELD CONDITIONS OR AS DIRECTED BY THE ENGINEER.
PDN -5
WATER AND WASTEWATER NOTES
33. PIPE MATERIAL FOR WATER MAINS SHALL BE PVC (AWWA C -900, MIN. CLASS 200),
OR DUCTILE IRON (AWWA C -100, MIN. CLASS 200).
34. PRESSURE TAPS SHALL BE IN ACCORDANCE WITH CITY OF AUSTIN STANDARD
SPECIFICATIONS, ITEM 510. THE CONTRACTOR SHALL PERFORM ALL
EXCAVATION, ETC. AND SHALL FURNISH, INSTALL AND AIR TEST THE SLEEVE AND
VALVE. A CITY INSPECTOR MUST BE PRESENT WHEN THE CONTRACTOR MAKES A
TAP, AND /OR ASSOCIATED TESTS. A MINIMUM OF TWO (2) WORKING DAYS NOTICE
IS REQUIRED.
35. UNLESS OTHERWISE DIRECTED BY THE ENGINEER, DEPTH OF COVER FOR ALL
LINES OUT OF THE PAVEMENT SHALL BE 42" MIN., AND DEPTH OF COVER FOR ALL
LINES UNDER PAVEMENT SHALL BE A MIN. OF 30" BELOW SUBGRADE.
36. ALL FIRE HYDRANT LEADS SHALL BE DUCTILE IRON PIPE (AWWA C -100, MIN.
CLASS 200).
37. ALL IRON PIPE AND FITTINGS SHALL BE WRAPPED WITH MINIMUM 8 -MILL
POLYETHYLENE.
38. THE CONTRACTOR SHALL CONTACT THE PUBLIC WORKS INSPECTION
DEPARTMENT AT 218 -5555 48 HOURS PRIOR TO CONNECTING TO EXISTING WATER
LINES.
39. THE CONTRACTOR MUST OBTAIN A BULK WATER PERMIT OR PURCHASE AND
INSTALL A WATER METER FOR ALL WATER USED DURING CONSTRUCTION. A
COPY OF THIS PERMIT MUST BE CARRIED AT ALL TIMES BY ALL WHO USE WATER.
40. LINE FLUSHING OR ANY ACTIVITY USING A LARGE QUANTITY OF WATER MUST BE
SCHEDULED WITH THE WATER & WASTEWATER SUPERINTENDENT, TELEPHONE
218 -5555.
41. FIRE HYDRANTS SHALL BE PAINTED RED IN CONFORMANCE WITH THE CITY OF
ROUND ROCK STANDARDS.
42. THE ALIGNMENT SHOWN ON THE PLANS SHALL BE ACHIEVED BY DEFLECTION,
EXCEPT WHERE SPECIFIC FITTINGS ARE CALLED FOR ON THE PLANS. THERE WILL
BE NO ADDITIONAL PAYMENTS FOR FITTINGS USED FOR DEFLECTION PURPOSES.
UNDER NO CONDITIONS SHALL THE CONTRACTOR EXCEED THE MAXIMUM
DEFLECTION ANGLE RECOMMENDED BY THE PIPE MANUFACTURER.
PDN -6
43. THE CONTRACTOR, AT HIS EXPENSE, SHALL PERFORM STERILIZATION OF ALL
POTABLE WATER LINES CONSTRUCTED AND SHALL PROVIDE ALL EQUIPMENT
(INCLUDING TEST GAUGES), SUPPLIES (INCLUDING CONCENTRATED CHLORINE
DISINFECTING MATERIAL), AND NECESSARY LABOR REQUIRED FOR THE
STERILIZATION PROCEDURE. THE STERILIZATION PROCEDURE SHALL BE
MONITORED BY CITY OF ROUND ROCK PERSONNEL. WATER SAMPLES WILL BE
COLLECTED BY THE CITY OF ROUND ROCK TO VERIFY EACH TREATED LINE HAS
ATTAINED AN INITIAL CHLORINE CONCENTRATION OF 50 PPM. WHERE MEANS OF
FLUSHING IS NECESSARY, THE CONTRACTOR, AT HIS EXPENSE, SHALL PROVIDE
FLUSHING DEVICES AND REMOVE SAID DEVICES PRIOR TO FINAL ACCEPTANCE
BY THE CITY OF ROUND ROCK.
44. SAMPLING TAPS SHALL BE BROUGHT UP TO 3 FEET ABOVE GRADE AND SHALL BE
EASILY ACCESSIBLE FOR CITY PERSONNEL. AT THE CONTRACTOR'S REQUEST,
AND IN HIS PRESENCE, SAMPLES FOR BACTERIOLOGICAL TESTING WILL BE
COLLECTED BY THE CITY OF ROUND ROCK NOT LESS THAN 24 HOURS AFTER THE
TREATED LINE HAS BEEN FLUSHED OF THE CONCENTRATED CHLORINE SOLUTION
AND CHARGED WITH WATER APPROVED BY THE CITY. THE CONTRACTOR SHALL
SUPPLY A CHECK OR MONEY ORDER, PAYABLE TO THE TEXAS DEPARTMENT OF
HEALTH, TO COVER THE FEE CHARGED FOR TESTING EACH WATER SAMPLE.
45. THE CONTRACTOR, AT HIS EXPENSE, SHALL PERFORM PRESSURE PIPE
HYDROSTATIC TESTING OF ALL WATER LINES CONSTRUCTED AND SHALL
PROVIDE ALL EQUIPMENT (INCLUDING PUMPS AND GAUGES), SUPPLIES AND
LABOR NECESSARY TO PERFORM THE TESTS. PRESSURE TESTING SHALL BE
MONITORED BY CITY OF ROUND ROCK PERSONNEL.
46. THE CONTRACTOR SHALL PROVIDE THE CITY OF ROUND ROCK PUBLIC WORKS
DEPARTMENT NO LESS THAN 24 HOURS NOTICE PRIOR TO PERFORMING
STERILIZATION, QUALITY TESTING OR PRESSURE TESTING.
47. THE CONTRACTOR SHALL NOT OPEN OR CLOSE ANY VALVES UNLESS
AUTHORIZED BY THE CITY OF ROUND ROCK.
48. ALL VALVE BOXES AND COVERS SHALL BE CAST IRON.
49. ALL VALVE LOCATIONS SHALL BE APPROPRIATELY MARKED AS FOLLOWS:
VALVE 9/" ON FACE OF CURB
TOOLS FOR MARKING THE CURB SHALL BE PROVIDED BY THE CONTRACTOR.
OTHER APPROPRIATE MEANS OF MARKING VALVE LOCATIONS SHALL BE
PROVIDED IN AREA WITHOUT CURBS. SUCH MEANS OF MARKING SHALL BE AS
SPECIFIED BY THE ENGINEER AND ACCEPTED BY THE CITY OF ROUND ROCK.
50. CONTACT CITY OF ROUND ROCK PUBLIC WORKS DEPARTMENT AT 218 -5555 FOR
ASSISTANCE IN OBTAINING EXISTING WATER AND WASTEWATER LOCATIONS.
51. THE CONTRACTOR SHALL OBTAIN AND INSTALL BLUE REFLECTORIZED
DELINEATORS 2 TO 3 FEET OFFSET FROM THE CENTER OF PAVED STREETS
OPPOSITE ALL NEWLY INSTALLED FIRE HYDRANTS.
PDN -7
52. SAND, AS DESCRIBED IN SPECIFICATION ITEM NO. 510 PIPE, SHALL NOT BE USED
AS BEDDING MATERIAL FOR WATER LINES. ACCEPTABLE BEDDING MATERIALS
ARE PIPE BEDDING STONE, PEA GRAVEL AND IN LIEU OF SAND A NATURALLY
OCCURRING OR MANUFACTURED STONE MATERIAL CONFORMING TO ASTM C 33
FOR STONE QUALITY AND MEETING THE FOLLOWING GRADATION SPECIFICATION.
SIEVE SIZE PERCENT RETAINED BY WEIGHT
1/2" 0
3 \8" 0 -2
#4 40 -85
#10 95 -100
53. THE CONTRACTOR SHALL RECORD AND SUPPLY TO THE ENGINEER THE
FOLLOWING INFORMATION:
1. ANY UTILITY LINE OR MANHOLE LOCATION /ELEVATION THAT DIFFERS
FROM THE PLANS.
2. AS -BUILT PLAN AND PROFILE OF ALL RELOCATED AND /OR ADJUSTED
UTILITY LINES OR STORM SEWERS, WITH FLOW LINE ELEVATIONS
GIVEN AT FIFTY FEET INTERVALS.
54. ANY EXISTING IMPROVEMENTS, INCLUDING DRAINAGE FACILITIES DISTURBED BY
CONSTRUCTION SHALL BE RESTORED BY THE CONTRACTOR AT HIS EXPENSE, TO
A CONDITION EQUAL TO, OR BETTER THAN PRE - CONSTRUCTION CONDITION.
55. ALL RESTORATION AND REPLACEMENT OF EXISTING IMPROVEMENTS WITHIN
WATER AND WASTEWATER EASEMENTS SHALL BE IN ACCORDANCE WITH CITY OF
AUSTIN STANDARD SPECIFICATION REQUIREMENTS.
56. ALL SIX INCH DUCTILE IRON PIPE BETWEEN DRAIN VALVE HYDRANTS AND THE
WATER MAIN SHALL BE INSTALLED AT 0% GRADE.
57. ANY PORTION OF THIS PROJECT WHICH IS IMPROPERLY PLACED AND /OR
CONFLICTS WITH ANY ROADWAY STRUCTURE SHALL BE REMOVED AND
CORRECTLY PLACED. THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL
ASSOCIATED COSTS.
58. CONSTRUCTION OPERATIONS SHALL BE CONDUCTED IN SUCH A MANNER AS TO
PROTECT ROADWAY FACILITIES AT ALL TIMES.
59. PIPES INDICATED TO BE ABANDONED SHALL BE CUT, PLUGGED AND ABANDONED
IN PLACE. PIPES LESS THAN 24 INCHES IN DIAMETER SHALL BE PLUGGED WITH A
MANUFACTURED PLUG SUITABLE FOR THE PARTICULAR TYPE OF PIPE. PIPES
GREATER THAN OR EQUAL TO 24 INCHES IN DIAMETER SHALL BE PLUGGED IN
THE SAME MANNER OR BY ANOTHER METHOD APPROVED BY THE ENGINEER. THE
PLUG PROVIDED MUST BE WATER TIGHT AND ADEQUATE TO SEAL THE PIPE FROM
GROUND WATER, OR BY OTHER METHODS APPROVED BY THE ENGINEER. THERE
WILL BE NO SEPARATE PAYMENT FOR THIS WORK, AND SHALL BE CONSIDERED
SUBSIDIARY TO THE CITY OF AUSTIN STANDARD SPECIFICATIONS, ITEM 510, PIPE.
PDN -8
10.0 SPECIAL PROVISIONS
SPECIAL PROVISIONS:
Required Contract Provisions,
WAGE RATES TX99 -43
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
Special Provisions will govern and take precedence over the
Specifications enumerated hereon wherever in conflict
Therewith.
Federal -aid construction contracts
(Form FHWA 1273, December, 1993)
"Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246)
"Certification of Nondiscrimination in Employment"
"Disadvantaged Business Enterprise in Federal -Aid
Construction"
"Notice to all Bidders"
"Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity" (Executive Order 11246)"
"Schedule of Liquidated Damages"
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U.S. Department of Transportation
Federal Highway Administration
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
1 Page
I. General 1
II II. Nondiscrimination 2
III. Nonsegregated Facilities 6
IV. Payment of Predetermined Minimum Wage 6
V. Statements and Payrolls 10
II VI. Record of Materials, Supplies and Labor 12
VII. Subletting or Assigning the Contract VIII. Safety: Accident Prevention 12
VIII. Safety: Accident Prevention 13
I IX. False Statements Concerning Roadway Projects 13
X. Implementation of Clean Air Act and Federal Water Pollution
Control Act 14
XI. Certification Regarding Debarment, Suspension, Ineligibility and
II Voluntary Exclusion 15
XII. Certification Regarding Use of Contract Funds for Lobbying 18
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included in Appalachian
' contracts only)
I. GENERAL
1. These contract provisions shall apply to all work performed on the contract by
the contractor's own organization and with the assistance of workers under the
contractor's immediate superintendence and to all work performed on the contract by
' piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the contractor shall insert
in each subcontract all of the stipulations contained in these Required Contract
I Provisions, and further require their inclusion in any lower tier subcontract or purchase
order that may in turn be made. The Required Contract Provisions shall not be incorporated
by reference in any case. The prime contractor shall be responsible for compliance by any
subcontractor, or lower tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Required Contract
Provisions shall be sufficient grounds for termination of the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs 1, 2, 3, 4, and 7;
Section V, paragraphs I and 2a through 2g.
Form FHWA 1273- (Rev.12 -93) Page 1
Fedaid.doc
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5. Disputes arising out of the labor standards provisions of Section IV (except
paragraph 5) and Section V of these Required Contract Provisions shall not be subject to
I
the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29
CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between
II the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the
contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract, the contractor
' shall not:
b. employ convict labor for any purpose within the limits of the project unless it
is labor performed by convicts who are on parole, supervised release, or probation.
' II. NONDISCRIMINATION
1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements
II not to discriminate and to take affirmative action to assure equal employment opportunity
as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and
41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed
herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific
I affirmative action standards for the contractor's project activities under this contract.
The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60 -4.3
and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) Set
forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In
I the execution of this contract, the contractor agrees to comply with the following minimum
specific requirement activities of EEO:
a. The Contractor will work with the City Department of Public Works (CDPW) and
II the Federal Government in carrying out EEO obligations and in their review of his /her
activities under the contract.
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a. discriminate against labor from any other State, possession, or territory of
the United States, (except for employment preference for Appalachian contracts, when
' applicable, as specified in Attachment A), or
(Applicable to all Federal -aid construction contracts and to all related
' subcontracts of $10,000 or more.)
b. The Contractor will accept as his operating policy the following statement:
It is the policy of this Company to assure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion, sex,
color or national origin, age or disability. Such action shall include: Employment,
II 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, preapprenticeship, and /or on- the -job training."
II 2. EEO Officer: The Contractor will designate and make known to the CDPW
contracting officers an EEO Officer who will have the responsibility for and must be
capable of effectively administering and promoting an active contractor program of EEO and
' who must be assigned adequate authority and responsibility to do so.
3. Dissemination of Policy: All members of the Contractor's staff who are
authorized to hire, supervise, promote and discharge employees, or who recommend such
I action, or who are substantially involved in such action, will be made fully cognizant of,
and will implement, the Contractor's EEO policy and contractual responsibilities to
provide EEO in each grade and classification of employment. To insure that the above
agreement will be met, the following actions will be taken as a minimum:
Form FHWA 1273- (Rev.12 -93)
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Page 2
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a. Periodic meetings of supervisory and personnel office employees will be
conducted before the start of work and then not less often than once every six months, at
II which time the Contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
II
indoctrination by the EEO Officer, covering all major aspects of the Contractor's EEO
obligations within thirty days following their reporting for duty with the Contractor.
II c. All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer in the contractor's procedure for locating and hiring
minority group employees_
II b. In the event the contractor has a valid bargaining agreement providing for
exclusive hiring hall referrals, he is expected to observe the provisions of that
agreement to the extent that the system permits the contractor's compliance with EEO
contract provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor to
do the same, such implementation violates Executive Order 11246, as amended.)
c. The Contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring minority
group applicants will be discussed with employees.
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I d. Notices and posters setting forth the contractor's EEO policy will be placed in
areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be
I brought to the attention of employees by means of meetings, employee handbooks or other
appropriate means.
4. Recruitment: When advertising for employees, the contractor will include in all
I advertisements for employees the notation: An Equal - Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minority
groups in the area from which the project work force would normally be derived.
II a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee- referral sources
likely to yield qualified minoritygroup applicants. To meet this requirement, the
I Contractor will identify sources of potential minority group employees, and establish with
such identified sources procedures whereby minority group applicants may be referred to
the contractor for employment consideration.
5. Personnel Actions: Wages, working conditions, and employee benefits shall be
I established and administered, and personnel actions of every type, including hiring,
upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, or national origin, age or disability. The following
procedures shall be followed:
a. The Contractor will conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treatment of
project site personnel.
b. The Contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
Form FHWA 1273- (Rev.12 -93) Page 3
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c. The Contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The Contractor will promptly investigate all complaints of alleged
discrimination made to the contractor in connection with his obligations under this
contract, will attempt to resolve such complaints, and will take appropriate corrective
action within a reasonable time. If the investigation indicates that the discrimination
may affect persons other than the complainant, such corrective action shall include such
other persons. Upon completion of each investigation, the contractor will inform every
complainant of all of the avenues of appeal.
6.Training and Promotion:
a. The Contractor will assist in locating, qualifying, and increasing the skills
I of minority group and women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible
under Federal and State regulations, the contractor shall make full use of training
I programs, i.e., apprenticeship, and on- the -job training programs for the geographical area
of contract performance. Where feasible, 25 percent of apprentices or trainees in each
occupation shall be in their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract, this subparagraph will be
' superseded as indicated in the special provision.
c. The Contractor will advise employees and applicants for employment of .available
training programs and entrance requirements for each.
d. The Contractor will periodically review the training and promotion potential of
minority group and women employees and will encourage eligible employees to apply for such
training and promotion.
7. Unions: If the Contractor relies in whole or in part upon unions as a source of
employees, the contractor will use his /her best efforts to obtain the cooperation of such
' unions to increase opportunities for minority groups and women within the unions, and to
effect referrals by such unions of minority and female employees. Actions by the
Contractor, either directly or through a contractor's association acting as agent will
include the procedures set forth below:
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a. The Contractor will use best efforts to develop, in cooperation with the
unions, joint training programs aimed toward qualifying more minority group members and
women for membership in the unions and increasing the skills of minority group employees
t and women so that they may qualify for higher paying employment.
b. The Contractor will use best efforts to incorporate an EEO clause into each
Il union agreement to the end that such unions will be contractually bound to refer
applicants without regard to their race, color, religion, sex, national origin, age or
disability.
c. The Contractor is to obtain information as to the referral practices and
policies of the labor union except that to the extent such information is within the
exclusive possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the CDPW and shall set
' forth what efforts have been made to obtain such information.
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FHWA 1273- (Rev.12 -93) Page 4
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d. In the event the union is unable to provide the contractor with a reasonable
flow of minority and women referrals within the time limit set forth in the collective
bargaining agreement, the Contractor will, through independent recruitment efforts, fill
the employment vacancies without regard to race, color, religion, sex, national origin,
age or disability; making full efforts to obtain qualified and /or qualifiable minority
group persons and women. (The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as
amended, and these special provisions, such contractor shall immediately notify the CDPW.
8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment:
The contractor shall not discriminate on the grounds ofrace, color, religion, sex,
national origin, age or disabilityin the selection and retention of subcontractors,
including procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of
his /her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have
equal opportunity to compete for and perform subcontracts which the contractor enters into
pursuant to this contract. The contractor will use his best efforts to solicit bids from
and to utilize DBE subcontractors or subcontractors with meaningful minority group and
female representation among their employees. Contractors shall obtain lists of DBE
construction firms from CDPW personnel.
c. The Contractor will use his best efforts to ensure subcontractor compliance
with their EEO obligations.
9. Records and Reports: The Contractor shall keep such records as necessary to
document compliance with the EEO requirements. Such records shall be retained for a period
of three years following completion of the contract work and shall be available at
reasonable times and places for inspection by authorized representatives of the CDPW and
the FHWA.
a. The records kept by the Contractor shall document the following:
(1) The number of minority and non - minority group members and women employed in
each work classification on the project;
I (2) The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
(3) The progress and efforts being made in locating, hiring, training, qualifying,
' and upgrading minority and female employees; and
(4) The progress and efforts being made in securing the services of DBE
' subcontractors or subcontractors with meaningful minority and female representation among
their employees.
b. The contractors will submit an annual report to the CDPW each July for the
I duration of the project, indicating the number of minority, women, and non - minority group
employees currently engaged in each work classification required by the contract work.
This information is to be reported on Form FHWA -1391. If on- the -job training is being
required by special provision, the Contractor will be required to collect and report
II training data.
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III. NONSEGREGATED FACILITIES
I (Applicable to all Federal -aid construction contracts and related subcontracts of
$10,000 or more.)
a. By submission of this bid, the execution of this contract or subcontract, or
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the consummation of this material supply agreement or purchase order, as appropriate, the
bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor,
as appropriate, certifies that the firm does not maintain or provide for its
I establishments, and that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are maintained. The firm
agrees that a breach of this certification is a violation of the EEO provisions of this
contract. The firm further certifies that no employee will be denied access to adequate
' facilities on the basis of sex or disability.
b. As used in this certification, the term "segregated facilities" means any
waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas,
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timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive, or are, in fact,
II segregated on the basis of race, color, religion, or national origin, age or disability,
because of habit, local custom, or otherwise. The only exception will be for the disabled
when the demands for accessibility override (e.g. disabled parking).
II c. The contractor agrees that it has obtained or will obtain identical
certification from proposed subcontractors or material suppliers prior to award of
subcontracts or consummation of material supply agreements of $10,000 or more and that it
will retain such certifications in its files.
' IV. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all
I related subcontracts, except for projects located on roadways classified as local roads or
rural minor collectors, which are exempt.)
1.General,
' a. All mechanics and laborers employed or working .upon the site of the work will
be paid unconditionally and not less often than once a week and without subsequent
deduction or rebate on any account (except such payroll deductions as are permitted by
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regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C.
276c)} the full amounts of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment. The payment shall be computed at wage rates not less than
those contained in the wage determination of the Secretary of Labor (hereinafter the wage
II determination") which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor or its
subcontractors and such laborers and mechanics. The wage determination (including any
' additional classifications and wage rates conformed under paragraph 2 of this Section IV
and the DOL poster (WH -1321) or Form FHWA -1495) 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. For the purpose of this Section,
I contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics
are considered wages paid to such laborers or mechanics, subject to the provisions of
Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular
I 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 paragraphs 4 and 5 of this Section IV.
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b. 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.
c. All rulings and interpretations of the Davis -Bacon Act and related acts
I contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract.
2.Classification:
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a. The CDPW contracting officer shall require that any class of laborers or
mechanics employed under the contract, which is not listed in the wage determination,
shall be classified in conformance with the wage determination.
b. The contracting officer shall approve an additional classification, wage rate
and fringe benefits only when the following criteria have been met:
I (1) the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
(2) the additional classification is utilized in the area by the construction
' industry;
(3) the proposed wage rate, including any bona fide fringe benefits, bears a
I reasonable relationship to the wage rates contained in the wage determination; and
(4) with respect to helpers as defined in Section IV.4c, when such a classification
prevails in the area in which the work is performed.
I c. If the contractor or subcontractors, as appropriate, the laborers and mechanics
(if known) to be employed in the additional classification or their representatives, and
the contracting officer 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 contracting officer to the DOL, Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour
Administrator, or an authorized representative, will approve, modify, or disapprove every
I additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day period that additional
time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or
mechanics to be employed in the additional classification or their representatives, and
the contracting officer do not agree on the proposed classification and wage rate
I (including the amount designated for fringe benefits, where appropriate), the contracting
officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Wage and Hour Administrator for
determination. Said Administrator, or an authorized representative, will issue a
' determination within 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30 -day period that additional time is necessary.
e. The wage rate (including fringe benefits where appropriate) determined
I pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing
work in the additional classification from the first day on which work is performed in the
classification.
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a. 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
I contractor or subcontractors, as appropriate, 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.
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3.Payment of Fringe Benefits:
Form FHWA 1273- (Rev.12 -93) Page 7
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b. If the contractor or subcontractor, as appropriate, does not make payments to
a trustee or other third person, he /she may consider as part of the wages of any laborer
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or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, provided, that the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis -Bacon
Act have been met. The Secretary of Labor may require the contractor to set aside in a
I separate account assets for the meeting of obligations under the plan or program.
4.Apprentices and Trainees (Programs of the U.S. DOL) and Helpers)
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(1) Apprentices will be permitted to work.at less than the predetermined rate for
I the work they performed when they are employed pursuant to and individually registered in
a bona fide apprenticeship program registered with DOL, 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 /her first 90 days of
' probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be
in eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level employees on the job
site in any craft classification shall not be greater than the ratio permitted to the
I contractor as to the entire work force under the registered program. Any employee listed
on a payroll at an apprentice wage rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate listed in 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 or subcontractor is
performing construction on a project in a locality other than that in which its program is
I registered, the ratios and wage rates (expressed in percentages of the journeyman -level
hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed.
(3) 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 -level 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 for the Wage and Hour Division determines
that a different practice prevails for the applicable apprentice classification, fringes
' shall be paid in accordance with that determination.
(4) In the event the Bureau of Apprenticeship and Training, or a State
apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship
I program, the contractor or subcontractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the comparable work
performed by regular employees until an acceptable program is approved.
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a.Apprentices:
b. Trainees:
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
I 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 DOL, Employment and Training Administration.
Form FHWA 1273- (Rev.12 -93) Page 8
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(2) The ratio of trainees to journeyman -level employees on the job site shall not
be greater than permitted under the plan approved by the Employment and Training
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Administration. Any employee listed on the payroll at a trainee rate who is not registered
and participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any trainee
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performing work an 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.
I (3) Every trainee must be paid at not less than the rate specified in the approved
program for his /her level of progress, expressed as a percentage of the journeyman -level
hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
I 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
I corresponding journeyman -level wage rate on the wage determination which provides for less
than full fringe benefits for apprentices, in which case such trainees shall receive the
same fringe benefits as apprentices.
I (4) In the event the Employment and Training Administration withdraws approval of
a training program, the contractor or subcontractor 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 Helpers:
I (1) Helpers will be permitted to work on a project if the helper classification is
specified on an applicable wage determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate,
who is not a helper as defined above, shall be paid not less than the applicable wage rate
I on the wage determination for the classification of work actually performed.
5.Apprentices and Trainees (Programs of the U.S. DOT):
I Apprentices and trainees working under apprenticeship and skill training programs
which have been certified by the Secretary of Transportation as promoting EEO in
connection with Federal -aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for
' apprentices and trainees under such programs will be established by the particular
programs. The ratio of apprentices and trainees to journeymen shall not be greater than
permitted by the terms of the particular program.
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6.Withholding:
The CDPW shall upon its own action or upon written request of an authorized
representative of the DOL withhold, or cause to be withheld, from the contractor or
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subcontractor under this contract or any other Federal contract with the same prime
contractor, or any other Federally assisted contract subject to Davis -Bacon prevailing
wage requirements which is held by the same prime contractor, as much of the accrued
I payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure
to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
I working on the site of the work, all or part of the wages required by the contract, the
CDPW contracting officer may, after written notice to the contractor, 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.
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7.0vertime Requirements:
I No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers, mechanics, watchmen, or guards
(including apprentices and trainees, and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which
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he /she is employed on such work, to work in excess of 40 hours in such workweek unless
such laborer, mechanic, watchman, or guard receives 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 40
I hours in such workweek.
8.Violation:
I Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of
the clause set forth in paragraph 7 above, the contractor and any subcontractor
responsible thereof shall be liable to the affected employee for his /her unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the
I case of work done under contract for the District of Columbia or a territory, to such
District or-to such territory). Such liquidated damages shall be computed with respect to
each individual laborer, mechanic, watchman, or guard employed in violation of the clause
set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee
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was required or permitted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in paragraph 7.
9.Withholding for Unpaid Wages and Li • idated Damages:
The CDPW shall upon its own action or upon written request of any authorized
representative of the DOL withhold, or cause to be withheld, from any monies payable on
I account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other Federally assisted
contract subject to the. Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
I liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all
related subcontracts, except for projects located on roadways classified as local roads or
rural collectors, which are exempt.)
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1. Compliance with Copeland Regulations (29 CFR Part 3): The contractor shall
comply with the Copeland Regulations of the Secretary of Labor which are herein
incorporated by reference.
2.Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the
II
contractor and each subcontractor during the course of the work and preserved for a period
of 3 years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the work.
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b. The payroll records shall contain the name, social security number, and address
of each such employee; his or her correct classification; hourly rates of wages paid
II (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. In
addition, for Appalachian- contracts, the payroll records shall contain a notation
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indicating whether the employee does, or does not normally reside in the labor area as
defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section
IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount
I of any costs reasonably anticipated in providing benefits under a plan or program
described in Section 1 )b)(2))B) of the Davis -Bacon Act, the contractor and each
subcontractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, that the
I plan or program has been communicated in writing to the laborers or mechanics affected,
and show the cost anticipated or the actual cost incurred in providing benefits.
Contractors or subcontractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprentices and trainees, and
' ratios and wage rates prescribed in the applicable programs.
c. Each contractor and subcontractor shall furnish, each week in which any
contract work is performed, to the CDPW engineer a payroll of wages paid each of its
I employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5 and watchmen and guards engaged on work during the preceding weekly
payroll period). The payroll submitted shall set out accurately and completely all of the
information required to be maintained under paragraph 2b of this Section V. This
I 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- 00141), U.S. Government Printing Office, Washington, D.C. 20402. The prime
I contractor is responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his /her agent who pays or supervises the
I 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 paragraph 2b of this Section V and that such information is correct
I and complete;
(2) that such laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
I earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in the Regulations, 29 CFR 3;
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(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.
e. 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 2d of this Section V.
I f. The falsification of any of the above certifications may subject the contractor
to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
Form FHWA 1273- (Rev.12 -93) Page 11
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g. The contractor or subcontractor shall make the records required under paragraph
2b of this Section V available for inspection, copying, or transcription by authorized
I representatives of the CDPW, the FHWA, or the DOL, 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 CDPW, the FHWA, the
I DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner,
take such actions 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
1129 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES AND LABOR
1. On all Federal -aid contracts on the National Highway System, except those which
provide solely for the installation of protective devices at railroad grade crossings,
those which are constructed on a force account or direct labor basis, highway
beautification contracts, and contracts for which the total final construction cost for
"roadway and bridge is less than $1,000,000 (23 CFR Part 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in
I Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction
Involving Federal Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for
I and incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA 47, and in the units shown on Form FHWA -47.
c. Furnish, upon the completion of the contract, to the CDPW engineer on.FOrm
I FHWA -47 together with the data required in paragraph lb relative to materials and
supplies, a final labor summary of all contract work indicating the total hours worked and
the total amount earned.
2. At the prime contractor's option, either a single report covering all contract
' work or separate reports for the contractor and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
1. The contractor shall perform with its own organization contract work amounting
to not less than 30 percent (or a greater percentage if specified elsewhere in the
contract) of the total original contract price, excluding any specialty items designated
II by the CDPW. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before
computing the amount of work required to be performed by the contractor's own organization
I (23 CFR Part 635).
a. Its own organization" shall be construed to include only workers employed and
paid directly by the prime contractor and equipment owned or rented by the prime
I contractor, with or without operators. Such term does not include employees or equipment
of a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly
I specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid on the contract as a whole and in
general are to be limited to minor components of the overall contract.
2. The contract amount upon which the requirements set forth in paragraph 1 of
' this Section VII is computed includes the cost of material and manufactured products which
, are to be purchased or produced by the contractor under the contract provisions.
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3. The contractor shall furnish (a) a competent superintendent or supervisor who
is employed by the firm, has full authority to direct performance of the work in
II accordance with the contract requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its own organizational
resources (supervision, management, and engineering services) as the CDPW contracting
officer determines is necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or otherwise disposed of
except with the written consent of the CDPW contracting officer, or authorized
representative, and such consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the contract. Written consent will
be given only after the CDPW has assured that each subcontract is evidenced in writing and
that it contains all pertinent provisions and requirements of the prime contract.
II VIII. SAFETY: ACCIDENT MENTION
1. In the performance of this contract the contractor shall comply with all
' applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR
Part 635). The contractor shall provide all safeguards, safety devices and protective
equipment and take any other needed actions as it determines, or as the CDPW contracting
officer may determine, to be reasonably necessary to protect the life and health of
I employees on the job and the safety of the public and to protect property in connection
with the performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a condition of each
I subcontract, which the contractor enters into pursuant to this contract, that the
contractor and any subcontractor shall not permit any employee, in performance of the
contract, to work in surroundings or under conditions which are unsanitary, hazardous or
' dangerous to his /her health or safety, as determined under construction safety and health
standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act (40 U.S.0 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the
Secretary of Labor or authorized representative thereof, shall have right of entry to any
site of contract performance to inspect or investigate the matter of compliance with the
construction safety and health standards and to carry out the duties of the Secretary
"under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with
approved plans and specifications and a high degree of reliability on statements and
representations made by engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with the project perform
' their functions as carefully, thoroughly, and honestly as possible. Willful falsification,
distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of
I these and similar acts, the following notice shall be posted on each Federal -aid highway
project (23 CFR Part 635) in one or more places where it is readily available to all
persons concerned with the project:
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NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
II "Whoever, being an officer, agent, or employee of the United States, or any State or
Territory, or whoever, whether a person, association, firm, or corporation, knowingly
makes any false statement, false representation, or false report as to the character,
I quality, quantity, or cost of the material used or to be used, or the quantity or quality
of the work performed or to be performed, or the costs thereof in connection with the
submission of plans, maps, specifications, contracts, or costs of construction on any
highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false representation, false report or
false claim with respect to the character, quality, quantity, or cost of any work
performed or to be performed, or materials furnished or to be furnished, in connection
I with the construction of any highway or related project approved by the Secretary of
Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact
I in any statement, certificate, or report submitted pursuant to provisions of the
Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;
' Shall be fined not more than $10,000 or imprisoned not more than 5 years, or both."
1
' X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all related subcontracts
of $100,000 or more.)
By submission of this bid, or the execution of this contract, or subcontract, as
appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as
' appropriate, will be deemed to have stipulated as follows:
1. That any facility that is or will be utilized in the performance of this
contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C.
I 1857 et seq., as amended by Pub. L. 92 -604), and under the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251, et seq., as amended by Pub. L. 92 -500), Executive Order
11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of
contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating
I Facilities pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with all the
requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water
Pollution Control Act and all regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the CDPW of the receipt of any
I communication from the Director, Office of Federal Activities, EPA, indicating that a
facility that is or will be utilized for the contract is under consideration to be listed
on the EPA List of Violating Facilities.
II 4. That the firm agrees to include or cause to be included the requirements of
paragraphs 1 through 4 of this Section X in every nonexempt subcontract, and further
agrees to take such action as the government may direct as a means of enforcing such
requirements.
Form FHWA 1273- (Rev.12 -93)
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1. Instructions for Certification Primary Covered Transactions: (Applicable to
all Federal -aid contracts - 49 CFR 29)
' a. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
II b. The inability of a person to provide the certification set out below will not
necessarily result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in connection with the
I department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this transaction.
' c. The certification in this clause is a material representation of fact upon
which reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies available to the
II
Federal Government, the department or agency may terminate this transaction for cause of
default.
1
XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
II d. The prospective primary participant shall provide immediate written notice to
the department or agency to whom this proposal is submitted if at any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower
tier covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
II meanings set out in the Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the department or agency to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
I f. The prospective primary participant agrees by submitting this proposal that
should the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
I I authorized by the department or agency entering into this transaction.
g. The prospective primary participant further agrees by submitting this proposal that
it will include this clause titled "Certification Regarding Debarment, Suspension,
I Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the
department or agency entering into this covered transaction, without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered
transactions.
h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred,
' suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded
' From Federal Procurement of Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
i
Form FHWA 1273- (Rev.12 -93)
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i. Nothing contained in the foregoing shall be construed to require establishment
of a system of records in order to render in good faith the certification required by this
I
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
' j. Except for transactions authorized under paragraph of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
' from participation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or
default.
1
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion- Primary Covered Transactions
I 1. The prospective primary participant certifies to the best of its knowledge and
belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
II
ineligible, or voluntarily excluded from covered transactions by any Federal department or
agency;
II had Have not within a 3 -year period preceding this proposal been convicted of or
had a civil judgement rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or
II State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
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I c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses
enumerated in paragraph 1b of this certification; and
II d. Have not within a 3 -year period preceding this application /proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the
II
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
• Form FHWA 1273- (Rev.12 -93)
2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to
11 all subcontracts, purchase orders and other lower tier transactions of $25,000 or more -49
CFR 29)
a. By signing and submitting this proposal, the prospective lower tier participant
I is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon
which reliance was placed when this transaction was entered into. If it is later
I determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction - originated may pursue available remedies,
including suspension and /or debarment.
Page 16
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II d. The terms "covered transaction," "debarred," "suspended," "ineligible,"
"primary covered transaction," "participant," "person," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may
' contact the person to which this proposal is submitted for assistance in obtaining a copy
of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that,
' should the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
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II 1. The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
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c. The prospective lower tier participant shall provide immediate written notice
to the person to which this proposal is submitted if at any time the prospective lower
I
tier participant learns that its certification was erroneous by reason of changed
circumstances.
f. The prospective lower tier participant further agrees by submitting this
proposal that it will include this clause titled "Certification Regarding Debarment,
II Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
I g. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and
' frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment
' of a system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
' i. Except for transactions authorized under paragraph e of these instructions, if
a participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the
II
Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and /or debarment.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered
Transactions
Form FHWA 1273- (Rev.12 -93) Page 17
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1 XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts
of $100,000 or more -49 CFR,20)
1.. The prospective participant certifies, by signing and submitting this bid or
proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of Congress,
1 or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
I employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
'Disclosure Form to Report Lobbying ", in accordance with its instructions.
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1 2. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by 31 U.S. 1352. Any
1 person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting his or her bid or
1 proposal that he or she shall require that the language of this certification be included
in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall
certify and disclose accordingly.
Form FRWA 1273- (Rev.12 -93)
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Index No
WAGE RATE
The wage rates are hereinafter listed are those predetermined by the Secretary of Labor to be the
minimum wages to be paid laborers and mechanics on this project.
Per Hour Craft
100 $ 8.08 Air Tool Operator
103 11.00 Asphalt Heater Operator
106 8.00 Asphalt Raker
109 7.97 Asphalt Shoveler
112 11.00 Batching Plant Weigher
118 10.80 Carpenter, Rough
124 9.57 Concrete Finisher (Paving)
130 8.83 Concrete Finisher (Structures)
136 8.52 Concrete Rubber
139 16.25 Electrician
150 6.86 Flagger
151 8.77 Form Builder (Structures)
157 8.00 Form Liner (Paving & Curb)
160 8.68 Form Setter (Paving & Curb)
166 8.73 Form Setter (Structures)
172 7.12 Laborer, Common
175 7.99 Laborer, Utility
187 12.15 Mechanic
193 11.40 Oiler
194 8.44 Servicer
196 10.00 Painter (Structure)
205 8.27 Pipe Layer
Power Equipment Operator,
300 9.70 Asphalt Distributor
303 9.26 Asphalt Paving Machine
305 7.12 Broom or Sweeper Operator
306 9.28 Bulldozer
315 7.79 Concrete Paving Curing Machine
318 11.00 Concrete Paving Finishing Machine
333 9.79 Concrete Paving Saw
341 11.15 Slipform Machine Operator
342 10.12 Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel
363 15.00 Foundation Drill Operator (Truck Mounted)
369 8.86 Front End Loader
375 10.81 Hoist (Double Drum and Less)
381 7.12 Mixer
387 11.00 Mixer - (Concrete Paving)
1 -3
Texas
Decision No. TX99 -43
TX99 -43
3 -12 -99
390 12.37 Motor Grader Operator Fine Grade
393 11.14 Motor Grader Operator
396 8.31 Pavement Marker Machine
397 15.75 Planer Operator
402 7.73 Roller Steel Wheel (Plant -Mix Pavements)
405 7.33 Roller, Steel Wheel (Other -Flat Wheel or Tamping)
408 7.17 Roller, Pneumatic, Self- Propelled
411 8.38 Scrapers
422 9.40 Tractor (Crawler Type)
434 7.92 Traveling Mixer
440 9.92 Trenching Machine, Heavy
443 8.00 Wagon Drill, Boring Machine or Post Hole Driller
Operator
500 14.50 Reinforcing Steel Setter (Paving)
503 10.61 Reinforcing Steel Setter (Structures)
509 11.73 Steel Worker (Structural)
515 8.55 Spreader Box Operator
520 8.29 Work Zone Barricade Servicer
522 7.97 Permanent Ground Mounted Sign Installer
Truck Drivers,
600 8.32 Single Axle, Light
603 7.954 Single Axle, Heavy
606 8.02 Tandem Axle or Semitrailer
609 10.12 Lowboy -Float
706 11.02 Welder
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)).
2 -3
TX99 -43
3 -12 -99
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I Heavy Duty mechanic
Boom Equipment
Motor Grader
Tractor & Scrapers
I Pneumatic and Crawler
II * The apprentice rate is by percentage of the journeyman's rate.
This is a "Public Works" Project, as defined in House Bill No. 54 of the 43rd
Legislature of the State of Texas and House Bill No. 115 of the 44th Legislature of
the State of Texas, and as such is subject to the provisions of said House Bills.
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Power Equipment Operators:
This contract is subject to the Work Hours Act of 1962, PL -87 -581 and implementing
regulations.
No provisions herein are intended to be in conflict with the above acts.
Any laborer, workman or mechanic employed on this project shall be paid at the rate
of one and one half (1 -1/2) times the regular rate for every hour worked in excess
of forty (40 ) hours per week.
Legal holiday work shall be paid for at the regular governing per diem wage rates.
THE FOLLOWING LISTED COUNTIES ARE IN THE TX99 -43 AREA;
BELL
BEXAR
BRAZOS
COMAL
Construction Type:
HEAVY
HIGHWAY
CORYELL
GUADALUPE
HAYS
MCLENNAN
Apprentice Schedule
Interval
Period and Rate*
1000 Hrs 1" 2nd 3rd 4th 5th 6th 7th 8th
1000 Hrs 70 72 -1/2 75 77 -1/2 80 85 90 95
1000 Hrs 70 75 80 85 90 95
1000 Hrs 70 75 80 85 90 95
1000 Hrs 70 75 80 85 90 95
3 -3
TRAVIS
WILLIAMSON
Heavy (excluding tunnels and dams) and Highway Construction Projects (does not
Include building structures in rest area projects). *NOT TO BE USED FOR WORK ON
WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL, McLENNAN AND
WILLIAMSON COUNTIES.
TX99 -43
3 -12 -99
1993 Specifications
1. As used in these specifications:
b.
c.
d. "Minority" includes:
SPECIAL PROVISION
STANDARD FEDERAL EQUAL EMPLOYMENT
OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
a. "Covered area" means the geographical area described in the solicitation from
which this contract resulted;
"Director" means Director, Office of Federal Contract Compliance Programs,
United States Department of Labor, or any person to whom the Director
delegates authority;
"Employee identification number means the Federal Social Security number used
on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form
941.
(i) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of
the original peoples of North American and maintaining identifiable
tribal affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of
the work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000 the provisions of these specifications and the
Notice which contains the applicable goals for minority and female participation and
which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan
approved by the U. S. Department of Labor in the covered area either individually or
through an association, its affirmative action obligations on all work in the Plan
area (including goals and timetables) shall be in accordance with that plan for those
trades which have unions participating in the Plan. Contractors must be able to
demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO clause, and to
make a good faith effort to achieve each goal under the Plan in each trade in which
it has employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered
Contractor's or Subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
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1
4. The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through p of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of the
total hours of employment and training of minority and female utilization the
Contractor should reasonably be able to achieve in each construction trade in which it
has employees in the covered area. Covered construction contractors performing
contracts in geographical areas where they do not have a Federal or federally assisted
construction contract shall apply the minority and female goals established for the
geographical area where the contract is being performed. Goals are published
periodically in the Federal Register in notice form and such notices may be obtained
from any Office of Federal Contract Compliance Programs office or any Federal
procurement contracting officer. The Contractor is expected to make substantially
uniform progress toward its goals in each craft during the period specified.
1 5. Neither the provisions of any collective bargaining agreement, nor the failure by a
union with whom he Contractor has a collective bargaining agreement, to refer either
minorities or women shall excuse the Contractor's obligations under these
specifications, Executive Order 11246, or the regulations promulgated pursuant
thereto.
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6. In order for the non - working training hours of apprentices and trainees to be counted
in meeting the goals, such apprentices and trainees must be employed by the Contractor
during the training period, and the Contractor must have made a commitment to employ
the apprentices and trainees at the completion of their training, subject to the
availability of employment opportunities. Trainees must be trained pursuant to
training programs approved by the U. S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions. The
Contractor shall document these efforts fully, and shall implement affirmative action
steps at least as extensive as the following:
a.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the Contractor or its unions have
employment opportunities available, and maintain a record of the
organizations' responses.
c
Ensure and maintain a working environment free of harassment, intimidation,
and coercion at all sites, and in all facilities at which the Contractor's
employees are assigned to work. The Contractor, where possible, will assign
two or more women to each construction project. The Contractor shall
specifically ensure that all foremen, superintendents, and other on -site
supervisory personnel are aware of and carry out the Contractor's obligation
to maintain such a working environment, with specific attention to minority or
female individuals working at such sites or in such facilities.
Maintain a current file of the names, addresses and telephone numbers of each
minority and female off - the - street applicant and minority or female referral
from a union, a recruitment source or community organization and of what
action was taken with respect to each such individual. If such individual was
sent to the union hiring hall for referral and was not referred back to the
Contractor by the union or, if referred, not employed by the Contractor, this
shall be documented in the file with the reason therefor, along with whatever
additional actions the Contractor may have taken.
2 -5
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3 -93
d.
e.
4.
Provide immediate written notification to the Director when the union or
unions with which the Contractor has a collective bargaining agreement has not
referred to the Contractor a minority person or woman sent by the Contractor,
or when the Contractor has other information that the union referral process
has impeded the Contractor's efforts to meet its obligations.
Develop on- the -job training opportunities and /or participate in training
programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
Contractor's employment needs, especially those programs funded or approved by
the Department of Labor. The Contractor shall provide notice of these programs
to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting the
Contractor in meeting its EEO obligations; by including it in any policy
manual and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all
Management personnel and with all minority and female employees at least once
a year; and by posting the company EEO policy on bulletin boards accessible to
alI employees at each location where construction work is performed.
Review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other employment -
decisions including specific review of these items with onsite supervisory
personnel such as Superintendents, General Foremen, etc., prior to the
initiation of construction work at any job site. A written record shall be
made and maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female news
media, and providing written notification to and discussing the Contractor's
EEO policy with other Contractors and Subcontractors with whom the Contractor
does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students and to
minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than one month
prior to the date for the acceptance of applications for apprenticeship or
other training by any recruitment source, Contractor shall send written
notification to organizations as the above, describing the openings, screening
procedures, tests to be used in the selection process.
Encourage present minority and female employees to recruit other minority
persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other
areas of a Contractor's workforce.
k Validate all tests and other selection requirements where there is an
obligation to do so under 41 CFR Part 60 -3.
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Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and encourage
these employees to seek or to prepare for, through appropriate training, etc.,
such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by continually
monitoring all personnel and employment related activities to ensure that the
EEO policy and the Contractor's obligations under these specifications are
being carried out.
n. Ensure that all facilities and company activities are nonsegregated except
that separate or single -user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts
from minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor associations
and other business associations.
P.
Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
Contractors are encouraged to participate in voluntary associations which assist in
fulfilling one or more of their affirmative action obligations (7a through p). The
efforts of a contractor association, joint contractor - union, contractor - community,
or other similar group of which the contractor is a member and participant, may be
asserted as fulfilling any one or more of its obligations under 7a through p of
these Specifications provided that the contractor actively participates in the
group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the Contractor. The obligation to
comply, however, is the Contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal' employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non - minority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a
substantially disparate manner (for example, even though the Contractor has achieved
its goals for women generally, the Contractor may be in violation of the Executive
Order if a specific minority group of women is underutilized).
110. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion, sex,
or national origin.
111. The Contractor shall not enter into any Subcontract with any person or firm debarred
from Government contracts pursuant to Executive Order 11246.
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12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension,
termination and cancellation of existing subcontracts as may be imposed or ordered
pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs. Any contractor who fails to
carry out such sanctions and penalties shall be in violation of these specifications
and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall
implement specific affirmative action steps, at least as extensive as those
standards prescribed in paragraph 7 of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
Contractor fails to comply with the requirements of the Executive Order, the
implementing regulations, or these specifications, the Director shall proceed in
accordance with 41 CFR 60 -4.8.
14. The Contractor shall designate a responsible official to monitor all employment
related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as may be required by the
Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation if any,
employee identification number when assigned, social security number, race, sex,
status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes
in status, hours worked per week in the indicated trade, rate of pay, and locations
at which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing records
satisfy this requirement, contractors shall not be required to maintain separate
records.
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I 15. Nothing herein provided shall be construed as a limitation upon the application of
other laws which establish different standards of compliance or upon the application
of requirements for the hiring of local or other area residents (e.g., those under
I the Public Works Employment Act of 1977 and the Community Development Block Grant
Program).
16. In addition to the reporting requirements set forth elsewhere in this contract, the
' Contractor and the subcontractors holding subcontracts, not including material
suppliers, of $10,000 or more, shall submit for every month of July during which
work is performed, employment data as contained under Form PR 1391 (Appendix C to 23
CFR, Part 230), and in accordance with the instructions included thereon.
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CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
II Sy signing this proposal, the bidder certifies that he has participated in a previous
contract or subcontract subject to the equal opportunity clause, as required by Executive
Orders 10925, 11114, or 11246, or if he has not participated in a previous contract of
I this type, or if he has had previous contract or subcontracts and has not filed, he will
file with the Joint Reporting Committee, the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering agency, or the former
President's Committee on Equal Employment Opportunity, all reports due under the
applicable filing requirements.
I
Note: The above certification is required by the Equal Employment Opportunity Regulations
of the Secretary of Labor (41 CFR 60- 1.7(b)(1)1, and must be submitted by bidders and
' proposed subcontractors only in connection with contracts and subcontracts which are
subject to the equal opportunity clause. Contracts and subcontracts which are exempt from
the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or
subcontracts of $10,000 or under are exempt.)
' Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders
or their implementing regulations.
II Proposed prime contractors and subcontractors who have participated in a previous contract
or subcontract subject to the Executive Orders and have not filed the required reports
should note that 41 CFR 60- 1.7(b)(1) prevents the award of contracts and subcontracts
unless such contractor submits a report covering the delinquent period or such other
period specified by the Federal Highway Administration or by the Director, Office of
Federal Contract Compliance, U. S. Department of Labor.
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1993 Specifications
SPECIAL PROVISION
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' ARTICLE A: Disadvantaged Business Enterprise in Federal -Aid Construction
1. PURPOSE. The purpose of this Special Provision is to carry out the DOT's policy of
supporting the fullest possible participation of firms owned and controlled by
socially and economically disadvantaged individuals in DOT programs.
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1993 Specifications
' The purpose of this Special Provision is to carry out the U. S. Department of
Transportation's (DOT) policy of supporting the fullest possible participation of firms
I owned and controlled by minority or socially and economically disadvantaged individuals in
DOT programs. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero,
Article A, "Disadvantaged Business Enterprise in Federal -Aid Construction," of this
special provision shall apply to this contract. If the DBE goal is zero, Article B
I "Minority Business Enterprise Requirements," of this Special Provision shall apply to this
contract. The percentage goal for DBE participation in the work to be performed under this
contract will be shown on Form DBE.
2. POLICY. It is the policy of the DOT and the Round Rock City Department of Public
Works (henceforth the "Department ") that DBEs, as defined 49 CFR Part 23, Subpart D
and the Department's DBE Program, shall have the maximum opportunity to participate in
the performance of contracts financed in whole or in part with Federal funds.
Consequently, the DBE requirements of 49 CFR Part 23, Subpart D and the Department's
DBE Program, apply to this contract as follows.
a.
b.
c. The requirements of this Special Provision shall be physically included in any
subcontract.
d.
SPECIAL PROVISION
DISADVANTAGED BUSINESS ENTERPRISE
IN FEDERAL -AID CONSTRUCTION
The Contractor agrees to insure that DBEs, as defined in 49 CFR Part 23,
Subpart D and the Department's DBE Program, have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds. In this regard, the Contractor shall take all
necessary and reasonable steps to meet the DBE goal for this contract.
The Contractor and any subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts
in accordance with the Civil Rights Restoration Act of 1987.
After a conditional award is made to the low bidder, the Department will
determine the adequacy of a Contractor's efforts to meet the contract goal, as
is outlined in this Special Provision under Section 5, "Contractor's
Responsibilities." If the requirements of Section 5 are met, the conditional
situation will be removed and the contract will be forwarded to the Contractor
for execution.
The Contractor's performance, during the construction period of the contract,
in meeting his approved goal will be monitored by the Department.
e. Failure to carry out the requirements set forth above shall constitute a
breach of contract and, after the notification of the DOT, may result in
termination of the contract by the Department; a deduction from the money due
or to become due to the Contractor, not as a penalty but as damages to the
Department's DBE Program; or such other remedy or remedies as Department deems
appropriate.
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3. DEFINITIONS.
a. °Department" means the Round Rock City Department of Public Works.
b. "Federal -Aid Contract" is any contract between the Round Rock City Department of
Public Works and a Contractor which is paid for in whole or in part with DOT
financial assistance.
c. "Joint Venture" means an association of two or more businesses to carry out a
single business enterprise for profit for which purpose they combine their
property, capital, efforts, skills and knowledge.
d. "Disadvantaged Business Enterprise" or "DBE" means a small business concern (1)
which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or in the case of any publicly owned business, at
least 51 percent of the stock of which is owned by one or more socially and
economically disadvantaged individuals; and, (2) whose management and daily
business operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
e. "Small business concern" means a small business as defined pursuant to Section 3
of the Small Business Act and relevant regulations promulgated pursuant thereto,
except that a small business concern shall not include any concern or group of
concerns owned or controlled by the same socially and economically disadvantaged
individual or individuals which has annual average gross receipts in excess of
$15,370,000 over the previous three fiscal years. The United States Secretary of
Transportation shall adjust this figure from time to time for inflation.
f. "Socially and economically disadvantaged individuals" means those individuals who
are citizens of the United States (or lawfully admitted permanent residents), and
who are Women, Black Americans, Hispanic Americans, Native Americans, Asian-
Pacific Americans, Asian - Indian Americans, and any other minorities or
individuals found to be disadvantaged by the Small Business Administration
pursuant to Section 8(a) of the Small Business Act. For covenience, these
individuals and groups are referred to as "disadvantaged" in this subpart. The
Department may make a rebuttable presumption that individuals in the following
groups are socially and economically disadvantaged:
(1) "Black Americans," which includes persons having origins in any of the Black
racial groups of Africa;
(2) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish or Portuguese culture or origin,
regardless of race;
(3) "Native Americans," which includes persons who are American Indians, Eskimos,
Aleuts, or Native Hawaiians;
(4) "Asian - Pacific American," which includes persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam,
the U.S. Trust Territories of the Pacific and the Northern Marianas;
(5) "Asian - Indiam Americans," which includes persons whose origins are from India,
Pakistan, and Bangladesh; and
(6) Women
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"Manufacturing Material Supplier" is a DBE firm that operates or maintains a
factory or establishment that produces or significantly alters on the premises
the materials or supplies obtained by the Contractor. Should the DBE firm obtain
the final product(s) provided to the Contractor from a source other than its own
factory or establishment, then the DBE firm, for that case, will not be
considered to be a manufacturing material supplier and its supply work will be
credited toward the DBE goal using an adjustment percentage no greater than that
used for a non - manufacturing material supplier. Brokers and packagers shall not
be regarded as manufacturers.
h. "Non- manufacturing Material Supplier" is a DBE regular dealer that owns,
operates, or maintains a store, warehouse, or other establishment in which the
materials or supplies required for the performance of the contract are bought,
kept in stock, and regularly sold to the public in the usual course of business.
To be a regular dealer, the firm must engage in, as its principal business and in
its own name, the purchase and sale of the products in question. A firm which
performs supplier -like functions on an "ad hoc" basis, or for only one or two
Contractors with whom it has a special relationship, is not regarded to be a
regular dealer within the meaning of this provision.
A regular dealer in such bulk items as steel, cement, gravel, stone, and
petroleum asphalts need not keep such products in stock if it owns or operates
distribution equipment. The term for operates" is intended to cover a situation
in which the supplier leases the equipment on a regular basis for its business
operation. It is not intended to cover a situation in which the firm simply
provides drivers for trucks owned or leased by another party, or leases such a
party's trucks on an "ad hoc' basis for a specific project or job. Brokers and
packagers shall not be regarded as regular dealers.
g.
i. "Broker" is an intermediary or middleman that does not take possession of a
commodity or act as a regular dealer selling to the public.
4. PERCENTAGE GOAL. The percentage goal for DBE participation in the work to be performed
under this contract will be as shown on Form DBE contained in the proposal.
5. CONTRACTOR'S RESPONSIBILITIES. These requirements must be satisfied by the Contractor
unless he /she is a DBE or in an approved Schedule B joint venture with a DBE.
a. After conditional awardof the contract, the Contractor shall furnish the following
information so as to arrive in the City Department of Public Works Office in Round
Rock, Texas not later than 5:00 p.m. on the fifteenth (15th) day after the
conditional awardof the contract. When requested, additional time, not to exceed
15 days, may be granted based on documentation submitted by the Contractor.
(1) The names and addresses of the DBE subcontractors he intends to use to satisfy
the DBE goal,
(2) An agreement for each proposed DBE containing:
(a) The items of work to be performed
(b) The quantities of work or materials
(c) The unit of measure
(d) The unit price
(e) The total amount for each item
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(f) The total amount of the DBE commitment signed by an officer of the
contracting firm and the proposed DBE agreeing that if the contract is
signed by the Contractor, the proposed DBE will be given the opportunity
to do the respective subcontract work.
Note: Only DBE firms meeting the eligibility requirements given in
Section 6.d. below will be considered as DBE subcontractors. DBEs will
only be allowed to perform work in the categories of work for which they
are certified.
b. A Contractor who cannot meet the contract goal, in whole or in part, shall document
the steps taken to obtain DBE participation including, but not limited to, the
following:
(1) Attendance at a pre -bid meeting, if any, scheduled by the Department to inform
DBEs of subcontracting opportunities under a given solicitation;
(2) Timely advertisement of subcontracting opportunities in general circulation
and minority -focus media at least 10 days prior to submission of information
required under 5a. and b.;
(3) Written notification to DBEs, located within the State of Texas and other
States, as appropriate, of subcontracting opportunities soliciting their
participation including documentation of follow -up efforts;
(4) Efforts made to select work items that can be performed by DBEs in order to
increase the likelihood of achieving the stated goal and explanations why
other items typically performed by DBEs were not considered;
(5) Efforts to negotiate with DBEs for specific sub -bids including, as a.minimum:
(a) The names, addresses, and telephone numbers of DBEs that were contacted;
(b) A description of the information provided including but not limited to
the availability of plans and specifications for the work selected for
subcontracting;
(c) A statement of why additional agreements could not be reached for DBEs
to perform the work.
(6) Reasons for rejecting a DBE as unqualified;
(7) Reasons for rejecting a DBE's bid; (Rejecting a DBE's bid because it was not
the lowest quotation received will not b a satisfactory reason without an
acceptable explanation of how it was determined to be unreasonable. A
statement, by itself, that the DBE's quotation was more than the Contractor's
bid price for an item or items will be unacceptable.
(8) Efforts made to assist the DBEs contacted in obtaining bonding and /or
insurance if such was required by the Contractor, and if the DBE needed
assistance in either area.
c. Should the bidder to whom the contract is conditionally awarded refuse, neglect or
fail to meet the DBE goal or furnish acceptable documentation, the proposal
guaranty filed with the bid shall become the property of the City, not as a
penalty, but as damages to the Department's DBE Program.
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d. The preceding information shall be submitted directly to the City Department of
Public Works Office; Round Rock, Texas; 221 E. Main Street; Round Rock, Texas
78664.
e. The Contractor shall make all reasonable efforts to honor commitments to DBE
subcontractors named in the commitment submitted under Section 5.a. of this Special
Provision. Prior to .terminating or removing a DBE subcontractor named in the
commitment, the Contractor must demonstrate to the satisfaction of the City
Department of Public Works Office in Round Rock that the originally designated DBE
was not able or willing to perform.
f. The Contractor shall also make reasonable effort to replace a DBE subcontractor
that is unable to perform successfully with another DBE.
Any substitution of DBEs shall be subject to approval by the City Department of
Public Works Office in Round Rock. Prior to approving the substitution, the City
Department of Public Works Office in Round Rock may request a statement from the
DBE concerning it being replaced.
g. The Contractor shall designate a DBE liaison officer who will administer the
Contractor's DBE program and who will be responsible for maintenance of records of
efforts and contacts made to subcontract with DBEs.
h. Contractors are encouraged to investigate the services offered by banks owned and
controlled by disadvantaged individuals and to make use of these banks where
feasible.
6. ELIGIBILITY OF DBEs.
a.To ensure that the Department's DBE Program benefits only those firms owned and
controlled by socially and economically disadvantaged individuals, the Department
will certify the eligibility of DBEs and joint ventures to perform subcontract work
on DOT financially assisted contracts.
b. This certification will be accomplished through the use of the appropriate
certification schedule contained in this Department' DBE Program.
c.The Texas Department of Transportation (TxDOT) publishes quarterly a Directory of
Disadvantaged Business Enterprises containing the names of firms that have been
certified to be eligible to participate as DBEs on DOT financially assisted
contracts. An addendum to this Directory is published each month in the TxDOT's
"Notice to Contractors of Forthcoming Texas Highway Construction." This Directory
is available from the TxDOT's Business Opportunity Program Office for Contractor's
information.
d.Only DBE firms certified at the time commitments are submitted are eligible to be
used in the information furnished by the Contractor as required under Section 5.a.
above.
e.If, during the course of construction, it becomes necessary to substitute another
DBE firm for a firm named in the information submitted by the Contractor, as
required by Section 5.a. above, then only DBE firms certified at the time of the
substitution ,.gibe considered eligible as a substitute firm.
7. DETERMINATION OF DBE PARTICIPATION. DBE participation shall be counted toward meeting
the DBE goal in this contract in accordance with the following:
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a.Once a firm is determined to be an eligible DBE, the total eligible dollar amount
paid on the contract or purchase order awarded to the DBE is counted toward the DBE
goal. Proof of payment, such as copies of invoices and cancelled checks, may be
required to substantiate the payment, as deemed necessary by the Department.
Invoices and cancelled checks should specify the Department project number so that
proper crediting can be monitored. Invoices and cancelled checks that are not
properly identified will not be counted toward the goal.
b.A Contractor may count toward its DBE goal contract fees paid to disadvantaged
truck owner- operators provided the following requirements are met:
(1) Truck Owner- Operators must be certified as eligible to participate in this
program through submitting a Schedule to the City Department of Public Works
Office.
(2) To receive credit toward the DBE goal for certified disadvantaged Truck -Owner
Operators, the contractor must furnish the Engineer and the City Department of
Public Works Office the following information on each owner- operator to be
used:
(a) name of owner- operator
(b) social security number
(c) DBE vendor number
(3) The record of payments to each disadvantaged Truck Owner- Operator, whether
paid by the prime Contractor or one of his subcontractors, must be attached to
the prime Contractor's monthly report for the respective month to receive
credit toward the DBE goal for the earnings of disadvantaged Truck
Owner- Operators.
c.A Contractor may count toward its DBE goal a portion of the dollar amount paid to a
joint venture equal to the percentage of the ownership and control of the DBE
partner in the joint venture.
d.(1) A Contractor may count toward its DBE goal only expenditures to DBEs that
perform a commercially useful function in the work of a contract or purchase order.
A DBE is considered to perform a commercially useful function when it executes a
distinct element of the work of a contract or purchase order and is responsible for
the management, supervision, and control of the materials, equipment, employees,
and all other business obligations attendant to the satisfactory completion of the
contracted work or purchase order.
(2) Consistent with industry practices and the Department's DBE Program, a DBE
subcontractor may enter into second -tier subcontracts, amounting to up to 70
percent of their contract. Brokers and firms with brokerage -type operations
will not be considered to be performing a commercially useful function and
will only receive credit for their commission.
(3) Following are two basic examples of a DBE not performing a commercially useful
function, and the sanctions that may be levied by the Department:
(a) In the event that the prime Contractor or his non -DBE subcontractor(s)
is found to be involved in the actual execution of the DBE's
subcontracted work function, the prime Contractor will be denied credit
toward his goal for the amount of the dollar value of the work performed
on the DBE's subcontract at the time that the DBE is discovered not to
be performing a commercially useful function; or
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(b) In the event that the DBE subcontractor permits its work to be performed
by another Contractor who is not a recognized second -tier subcontractor,
he /she shall be considered not to be performing a commercially useful
function, and the Department may suspend the DBE subcontractor's
certification and will deny the prime Contractor credit toward its goal
for the entire amount of the work subcontracted to the DBE.
e.A Contractor may count toward its DBE goals expenditures for materials and supplies
obtained from DBE suppliers and manufacturers, provided that the DBEs assume the
actual and contractual responsibility for the provision of the materials, goods and
services.
(1) The Contractor may count its entire expenditure to a DBE manufacturing
material supplier. In order to be considered a manufacturing firm, a DBE must
conform to the definition given in Section 3.g. of this special provision.
Should the DBE firm obtain the final product(s) provided to the Contractor
from a source other than its own factory or establishment, then the DBE firm,
for that case, will not be considered to be a manufacturing material supplier
and its supply work will be credited toward the DBE goal using an adjustment
percentage no greater than that used for a nonmanufacturing material supplier.
Brokers and firms with brokerage -type operations will not be considered to be
performing a commercially useful function and will only receive credit for
their commission. Joint checks to material suppliers will not be allowed for
DBE goal credit. If joint checks are required by the suppliers of raw
materials to a DBE manufacturing material supplier which incorporates the raw
materials into a finished product (e.g_, cement, sand and gravel used to
produce concrete), the Contract may issue joint checks in those instances and
receive 100 percent credit for the manufactured product. However, the joint
check arrangement must be included in the agreement submitted to the City
Department of Public Works Office pursuant to Section 5.a.
(2) The Contractor may count 60 percent of its expenditures to DBE
non - manufacturing material suppliers provided that the DBE supplier performs a
commercially useful function in the supply process. In order to be considered
a nonmanufacturing material supplier, a DBE must conform to the definition
given in Section 3.h. of this special provision. Brokers and firms with
brokerage -type operations will not be considered to be performing a
commercially useful function and will only receive credit for their
commission. Joint checks to suppliers of materials, good and services will not
be allowed for DBE goal credit unless required by the manufacturers and
approved by the City Department of Public Works Office.
(3) Material Suppliers listed on Contractor commitments must give an explanation
of the function they will perform on each project. Details of any arrangements
made with other material suppliers, manufacturers, distributors, hauling
firms, freight companies, etc. must be submitted to the City Department of
Public Works Office with the commitment.
f.A Contractor may count toward its DBE goal the following expenditures to DBE firms
that are not manufacturing material suppliers or non - manufacturing material
suppliers:
(1) The fees or commissions charged for providing a bona fide service, such as
professional, technical, consultant, or managerial services, and assistance in
the procurement of essential personnel, facilities, equipment, materials, or
supplies required for performance of the contract, provided that the fee or
commission is determined by the Department to be reasonable and not excessive
as compared with fees customarily allowed for similar services.
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g .
(2) The fees charged for delivery of materials and supplies required on a job site
(but not the cost of the materials and supplies themselves) when the hauler,
trucker, or delivery service is not also the manufacturer of or a regular
dealer in the materials and supplies, provided that the fee is determined by
the Department to be reasonable and not excessive as compared with fees
customarily allowed for similar services.
(3) The fees or commissions charged for providing any bonds or insurance
specifically required for the performance of the contract, provided that the
fee or commission is determined by the Department to be reasonable and not
excessive as compared with fees customarily allowed for similar services.
If a Contractor chooses to assist a DBE firm, other than a supplier of materials,
goods or services, by assuring payment for the materials to be placed in the DBE's
work and wants to receive credit toward the DBE goal for the cost of the material,
then the material supplier may invoice the DBE firm and be paid by remittance from
the DBE firm or the material supplier may invoice the prime Contractor and the DBE
firm jointly and be paid by the prime Contractor making remittance to the DBE firm
and the material supplier jointly. No credit will be given toward the DBE goal for
the cost of the DBE's required materials paid by the prime Contractor directly to
the material supplier.
H. No credit will be given toward the DBE goal for the cost of materials placed by a
DBE firm or for the cost of equipment leased or rented and used in the DBE firm's
work when payment for those costs is effected by making a deduction from the prime
Contractor's payment(s) to the DBE firm.
8. COMPLIANCE OF CONTRACTOR. To ensure that DBE requirements of this DOT assisted
contract are complied with, the Department will monitor the Contractor's efforts to
involve DBEs during the performance of this contract. This will be accomplished by a
review of monthly reports submitted to the City Department of Public Works Office by
the Contractor indicating his progress in achieving the DBE contract goal, and by
compliance reviews conducted on the project site by the Department.
The Contractor shall receive credit toward the DBE goal based on actual payments to
the DBE subcontractor. The Contractor shall notify the City Department of Public Works
Office if he /she withholds or reduces payment to any DBE subcontractor. The Contractor
shall submit an affidavit detailing the DBE subcontract payments prior to receiving
final payment for the contract.
Contractors' requests for substitutions of DBE subcontractors shall be accompanied by
a detailed explanation which should substantiate the need for a substitution. The City
Department of Public Works Office may verify the explanation with the DBE firm being
replaced before giving approval of the substitution. The Contractor may not be allowed
to count work on those items being substituted toward the DBE goal prior to approval
of the substitution from the City Department of Public Works Office.
The Contractor's providing work crews and equipment to DBEs is prohibited. The
occasional formal leasing of a major piece of equipment with or without operator by
the prime Contractor to a DBE will be considered on a case -by -case basis by the City
Department of Public Works Office.
A Contractor's failure to Meet the DBE goal, honor his /her commitments and failure to
demonstrate, to the Department's satisfaction, sufficient efforts on his /her part to
obtain DBE participation, or failure to abide by the requirements of the contract
calling for contractor enforcement of the commercially useful function provision,
shall constitute a breach of contract. In such a case, the Department reserves the
right to terminate the contract; to deduct the amount of DBE goal not accomplished by
DBEs from the money due or to become due the Contractor, not as a penalty but as
damages to the Department's DBE Program; or such other remedy or remedies as the
Department deems appropriate.
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9. RECORDS AND REPORTS.
a. After submission of the initial report required by Section 5(a) of this Special
Provision, the Contractor shall submit monthly reports, after work begins, on DBE
involvement. One copy of each monthly report is to be sent to the City Department
of Public Works Office , and one copy is to be sent to the Engineer. These reports
will be due within fifteen (15) days after the end of a calendar month. These
reports will be required until all DBE subcontracting or contracting or material
supply activity is completed. Form No. SMS.4901, DBE Monthly Progress Report, and
Form No. SMS.4902, Monthly Progress Report (for) Non -DBE Haulers, are to be used
for monthly reporting. Form No. SMS.4903, DBE Final Report, is to be used as a
final summary of DBE activity submitted upon completion of the project. These
forms may be obtained from the Business Opportunity Program Office of the Texas
Department of Transportation; 125 E. 11` Street; Austin, Texas, 78701 -2483, or may
be reproduced by the Contractor. The Department may verify the amounts being
reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on
a random basis. Cancelled checks and invoices should reference the Department's
project number.
b. If the DBE goal is not being met, the monthly report shall include a narrative
description of the progress being made in involving DBEs in subcontract work
and /or as material suppliers. If sufficient DBE subcontractors and /or material
suppliers to meet the goals are being utilized, they should be identified on the
monthly report by Vendor Number, name, and the amount of actual payment made to
each during the monthly period. Negative reports are required when no activity has
occurred in a monthly period.
c. Monthly reports for Truck Owner- Operators should be in the form of a list of Truck
Owner- Operators paid that month, including Vendor Number and the amount of payment
made to each.
d. All such records must be retained for a period of three years following completion
of the contract work, and shall be available at reasonable times and places for
inspection by authorized representatives of the Department or the DOT.
e. Prior to receiving final payment, the Contractor shall submit an affidavit
detailing the DBE subcontract payments. Form No. SMS.4903, DBE Final Report, is to
be used for the Final Report. This form may be obtained from the Department or may
be reproduced by the Contractor. If the DBE goal requirement is not met,
documentation supporting Good Faith Efforts, as outlined in Section 5(b) of the
Special Provision, must be submitted with the DBE Final Report.
ARTICLE B: Minority Business Enterprise Requirements
It is the policy of the DOT that Minority Business Enterprises as defined in 49
CFR Part 23, Subpart A, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds.
Consequently, if the DBE goal is zero, the Minority Business Enterprise
requirements of 49 CFR Part 23, exclusive of Subpart D, apply to this contract as
follows:
The Contractor agrees to insure that DBEs as defined in 49 CFR Part 23, Subpart A,
have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In this regard, the
Contractor shall take all necessary and reasonable steps in accordance with 49 CFR
Part 23, exclusive of Subpart D, to insure that Disadvantaged Business Enterprises
have the maximum opportunity to compete for and perform contracts.
The Contractor and any Subcontractors shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of contracts funded in
whole or in part with Federal funds.
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These requirements shall be physically included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of
contract and after the notification of the Department, may result in termination
of the contract by the Department or other such remedy as the Department deems
appropriate.
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The U.S. Department of Transportation (DOT) operates the above toll -free "hotline" Monday
through Friday, 8:00 a.m. to 5:00 p.m., eastern time Anyone with knowledge of possible
II bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to
report such activities.
The "hotline" is part of the DOT's continuing effort to identify and investigate highway
I construction contract fraud and abuse and is operated under the direction of the DOT
Inspector General. All information will be treated confidentially and caller anonymity
will be respected.
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1993 Specifications
To report bid rigging activities call:
SPECIAL PROVISION
NOTICE TO ALL BIDDERS
1- 800 - 424 -9071
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1993 Specifications
1
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
' TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
1. GENERAL
In addition to the affirmative action requirements of the Special Provision titled
"Standard Federal Equal Employment Opportunity Construction Contract Specifications"
as set forth elsewhere in this proposal, the Bidder's attention is directed to the
specific requirements for utilization of minorities and females as set forth below.
2. GOALS
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SPECIAL PROVISION
a. Goals for minority and female participation are hereby established in accordance
with 41 CFR 60 -4.
b. The goals for minority and female participation expressed in percentage terms for
the Contractor's aggregate work force in each trade on all construction work in
the covered area are as follows:
Goals for minority
participation in
each trade (per-
cent)
Goals for female
participation in
each trade (per-
cent)
See Table 1 6.9
c. These goals are applicable to all the Contractor's construction work (whether or
not it is Federal or federally assisted) performed in the covered area. If the
Contractor performs construction work in a geographical area located outside of
the covered area, it shall apply the goals established for such geographical area
where the work is actually performed. With regard to this second area the
Contractor also is subject to the goals for both its federally involved and
non - federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR
Part 60 -4 shall be based on its implementation of the Standard Federal Equal
Employment Opportunity Construction Contract Specifications Special Provision and
its efforts to meet the goals. The hours of minority and female employment and
training must be substantially uniform throughout the length of the contract, and
in each trade, and the Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of minority and
female employees or trainees from Contractor to Contractor or from project to
project for the sole purpose of meeting the Contractor's goals shall be a
violation of the contract, the Executive Order and the regulations in 41 CFR Part
60 -4. Compliance with the goals will be measured against the total work hours
performed.
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d. A contractor or subcontractor will be considered in compliance with these
provisions by participation in the Texas Highway Heavy Branch, AGC, Statewide
Training and Affirmative Action Plan. Provided that each contractor or
subcontractor participating in this plan must individually comply with the equal
opportunity clause set forth in 41 CFR 60 -1.4 and must make a good faith effort to
achieve the goals set forth for each participating trade in the plan in which it
has employees. The overall good performance of other contractors and
subcontractors toward a goal in an approved plan does not excuse any covered
contractor's or subcontractor's failure to make good faith efforts to achieve the
goals contained in these provisions. Contractors or subcontractors participating
in the plan must be able to demonstrate their participation and document their
compliance with the provisions of this Plan.
1 3. SUBCONTRACTING
The Contractor shall provide written notification to the Department within 10 working
days of award of any construction subcontract in excess of $10,000 at any tier for
construction work under the contract resulting from this solicitation pending
concurrence of the Department in the award. The notification shall list the names,
address and telephone number of the subcontractor; employer identification number;
estimated dollar amount of the subcontract; estimated starting and completion dates of
the subcontract; and the geographical area in which the contract is to be performed.
4. COVERED AREA
As used in this special provision, and in the contract resulting from this
solicitation, the geographical area covered by these goals for female participation is
the State of Texas. The geographical area covered by these goals for other minorities
are the counties in the State of Texas as indicated in Table 1.
5. REPORTS
The Contractor is hereby notified that he may be subject to the Office of Federal
Contract Compliance Programs (OFCCP) reporting and record keeping requirements as
provided for under Executive Order 11246 as amended. OFCCP will provide direct notice
to the Contractor as to the specific reporting requirements that he will be expected
to fulfill.
1 TABLE 1
Goals for Minority Goals for Minority
11 2212.nLY Participation County Participation
BELL 16.4 TRAVIS 24.1
BEXAR 47.8 Williamson 24.1
I BRAZOS 23.7
COMAL 47.8
CORYELL 16.4
1 GUADALUPE 47.8
HAYS 24.1
MCLENNAN 20.7
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SPECIAL PROVISION
SCHEDULE OF LIQUIDATED DAMAGES
For Amount Amount of
of Contract Liquidated
From More To and Damages Per
Than Including Working Day
$ 0 $ 100,000 $ 350
100,000 500,000 450
500,000 1,000,000 650
1,000,000 2,000,000 750
2,000,000 5,000,000 1,000
5,000,000 10,000,000 1,350
10,000,000 15,000,000 1,800
15,000,000 20,000,000 2,200
20,000,000 Over 20,000,000 2,700
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SPECIAL PROVISION
TO
ITEM 2
Page 1 of 4
INSTRUCTIONS TO BIDDERS
For this project, Item 2, "Instructions to Bidders", of the Standard Specifications, is hereby amended with respect to
the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby.
Article 2.1. Contents of Proposal Forms is voided and replaced by the following:
2.1. Requests for, Issuance of, and Contents of Proposal Forms
(1) Requests for Proposal Forms.
A request for a proposal form on a state funded construction or maintenance contract may be made orally or in
writing.
A request for a proposal form on a federal -aid construction or maintenance contract must be submitted in writing,
and must include a statement in a form prescribed by the City certifying whether the bidder is currently disqualified
by an agency of the federal government as a participant in programs and activities involving federal financial and
nonfinancial assistance and benefits.
(2) Issuance of Proposal Forms.
(a) Issuance of Proposal Forms for Construction and Maintenance Contracts. The City will, upon receipt of a
request, issue a proposal form for a construction or maintenance contract as follows:
1. For a project on which audited financial prequalification is required, only to a prequalified bidder, and only
if the estimated cost of the project is within that bidder's available bidding capacity; and
2. For a project on which audited financial qualification is waived under Article 2.4, only if the estimated cost
of the project is within that bidder's available bidding capacity.
(b) Non- issuance of Proposal Forms for Construction and Maintenance Contracts. The City will not issue a proposal
form requested by a bidder for a construction or maintenance contract:
1. For a federal -aid project, if at the time of the request the bidder is disqualified by an agency of the federal
government as a participant in programs and activities involving federal assistance and benefits;
2. For all projects, if at the time of the request the bidder is suspended or debarred by order of the City Council,
or is prohibited from rebidding a specific project because of default of the first awarded bid;
3. For all projects, if at the time of the request the bidder has not fulfilled the requirements for qualification
under Article 2.4;
4. For all projects, if at the time of the request the bidder has failed to attend a mandatory pre -bid conference;
or
5. For all projects, if the bidder or a subsidiary or affiliate of the bidder has received compensation from the
City to participate in the preparation of the plans or specifications on which the bid or contract is based.
(c) Informational Proposal. The City will issue an information proposal form upon request.
(3) Contents of Proposal Forms. A proposal form will include:
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1. The location and description of the proposed work;
2. An estimate of the various quantities and kinds of work to be performed or materials to be furnished;
3. A schedule of items for which unit prices are requested;
4. The time within which the work is to be completed; and
5. The special provisions and special specifications.
Page 2 of 4
Article 2.4. Competency of Bidders is supplemented by the following:
To be eligible as a subcontractor for a construction or maintenance contract, a subcontractor must submit a
completed subcontractor's questionnaire.
Article 2.5. Preparation of Proposal is voided and replaced by the following:
2.5. Preparation of Proposal. The bidder shall submit his proposal on the form furnished to him by the City except
as provided below. Writing in words in ink shall fill in the blank spaces for each item as required in the proposal.
The bidder shall submit a unit price, in dollars and/or cents, for each item for which a bid is requested (including a
zero if appropriate), except in the case of a bid item for which there is an alternate bid item. In such case, prices
must be submitted for the base bid or for the items of one or more of the alternates. A bid item left blank, except in
the case of an alternate will constitute an incomplete bid. The proposal shall be executed in ink in the complete and
correct name of the bidder making the proposal and shall be signed by the person or persons authorized to bind the
bidder.
Bidders, at their option, in lieu of hand writing the unit prices in words in ink in the proposal, may submit an
original computer printout sheet bearing certification by and signature for the bidding firm. The unit prices shown
on acceptable printouts will be the unit prices used to tabulate the bid and used in the contract if awarded by the
Council. As a minimum, computer printouts must contain the information in the arrangement shown on the
"Example of Bid Prices Submitted by Computer Printout" fort in the proposal.
A bidding proposal on a federal -aid project shall include, in a form prescribed by the City, a certification of
eligibility status. The certification shall describe any suspension, debarment, voluntary exclusion, or ineligibility
determination actions by an agency of the federal government, and any indictment, conviction, or civil judgment
involving fraud or official misconduct, each with respect to the bidder or any person associated therewith in the
capacity of owner, partner, director, officer, principal investor, project director /supervisor, manager, auditor, or a
position involving the administration of federal funds; and shall cover the three (3) year period immediately
preceding the date of the proposal.
Information adverse to the bidder as contained in the certification will be reviewed by the City, the Department of
Transportation (TxDOT) and by the Federal Highway Administration (FHWA), and may result in rejection of the
bid and disqualification of the bidder.
Article 2.6. Rejection of Proposals. The second paragraph is voided and replaced by the following:
Any proposal that has one or more of the deficiencies listed below will be considered to be non - responsive and will
not be read publicly.
1. The proposal certification and/or affirmation are not signed.
2. The proposal guaranty is not a cashier's check or a bank money order on a State or National Bank, or a cashier's
check or money order on a State or National Savings & Loan Association, or a cashier's check or money
order on a State or Federally Chartered Credit Union, payable to the order of the City of Round Rock.
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3. The proposal guaranty check is not payable at or through the institution issuing the instrument or the guaranty
instrument does not state that the issuing institution is both the drawer and the drawee of the official
obligation to pay the amount stated.
4. The proposal guaranty is less than the amount prescribed by the proposal.
5. The proposal guaranty check is labeled "Officer's Check ", "Official Check" or "Teller's Check ".
6. The proposal is submitted by an unqualified bidder.
7. The bidder did not attend a specified mandatory pre -bid conference.
8. The proposal is in a form other than the official proposal form issued to the bidder.
9. The proposal was received after the time or at some location other than that specified in the advertisement.
10. The unit prices are written in the proposal in numerals.
11. The proposal submitted has too few or too many bid items due to the bidder not submitting the latest revised
version of the proposal.
12. The proprietor, partner, majority shareholder or substantial owner is 30 or more days delinquent in providing
child support under a court order or a written repayment agreement.
13. A computer printout proposal, when used, does not have the unit bid prices entered in designated spaces, does
not include the proper certification, is not signed in the name of the firm to whom the proposal was issued,
or omits required bid items or includes items not shown in the proposal.
14. The bidder was not authorized to be issued a proposal under Subarticle 2.1.(2).
15. If more than one proposal involving a bidder under the same or different names is submitted, the City will not
accept and will not read any of the proposals submitted by that bidder.
Article 2.7. Proposal Guaranty. The first paragraph is voided and replaced by the following:
The proposal shall be accompanied by a proposal guaranty in the amount indicated in the proposal. The proposal
guaranty shall be payable to the City of Round Rock City and shall be a cashier's check or a bank money order on a
State or National Bank or a Savings and Loan Association, or a State or Federally Chartered Credit Union.
A check or money order must be payable at or through the institution issuing the instrument, or must state that the
issuing institution is both the drawer and the drawee of the official obligation to pay the amount stated.
The City will not accept as a proposal guaranty:
1. a check labeled "Official Check ", "Officers Check ", or "Tellers Check ";
2. personal checks or certified checks;
3. other types of money orders or bank drafts; or
4. bid bonds.
Article 2.10. Withdrawal of Proposal is voided and replaced by the following:
2.10. Withdrawal of Proposal. A bidder may withdraw a proposal by submitting a request in writing to the Letting
Official. The City will not accept telephone or telegraph requests, but will accept a properly signed telefacsimile
request. The request must be made by a person authorized to bind the bidder, and must be in the hands of the
Letting Official before the scheduled bid opening.
Article 2.11. Public O enintt of Proposals is voided and replaced by the following:
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2.11. Public Opening of Proposals. Bids will be opened and read at a public hearing conducted by the Director of
the City's Construction and Maintenance Division, or his or her designee, on behalf of the City Council. Each
hearing shall be in the City of Round Rock, at the time and location specified in the advertisement.
Article 2.12. Disqualification of Bidder. The second paragraph is voided and not replaced.
The following article is added to this Item: Article 2.14. Child Support Order Compliance. A child support obligor
who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole
proprietor, partner, shareholder or owner with an ownership interest of at least 25 percent is not eligible to receive
payments from state funds under a contract to provide property, materials, or services; or receive a state - funded
grant or loan.
By signing the contract, the Contractor, under penalty of perjury under the laws of the State of Texas, certifies that
the sole proprietor, partner, shareholder or owner of the firm is not 30 or more days delinquent in providing child
support.
By signing the contract, the Contractor makes material representation of fact upon which reliance is placed as the
City enters into the contract. If it is later determined that the Contractor knowingly rendered an erroneous
representation, in addition to other remedies available, the Department may terminate the contract for cause or
default.
The Contractor shall provide immediate written notice to the City if at any time it learns that its representation was
erroneous when submitted or has become erroneous by reason of changed circumstances.
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SPECIAL PROVISION
TO
ITEM 7
Page 1 of 2
"LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC"
For this project, in addition to any forms of insurance or bond required under the terms of the contract and
specifications, the Contractor will be required to carry insurance in the following kinds and amounts:
1. Comprehensive General Liability Policy.
The Contractor shall furnish evidence to the City of Round Rock, Texas that, with respect to the operations he
performs, he carries a standard Comprehensive General Liability Insurance Policy providing limits of not less than
two million dollars ($2,000,000) for bodily injury and property damage per occurrence and not less than two
million dollars (52,000,000) aggregate for all occurrences.
If any part of the work is sublet similar insurance shall be provided by or in behalf of the subcontractors to cover
their operations.
2. Contractors' Protective Liability Insurance.
The Contractor shall furnish evidence to the City of Round Rock, Texas that, with respect to the operations
performed for him by subcontractors, he carries in his own behalf a Contractors' Protective Liability Insurance
policy providing for a limit of not less than two million dollars (S2, 000,000) for bodily injury and property damage
per occurrence and not less than two million dollars (S2, 000,000) aggregate for all occurrences.
3. Railroads' Protective Liability (which includes Bodily Injury, Property Damage and Physical Damage Insurance).
The Contractor shall furnish an original policy to the City of Round Rock, Texas for and in behalf of the Railroad
which, with respect to the operations he or any of his contractors perform, provides the standard Railroad Protective
Liability policy, with a limit of not less than two million dollars ($2,000,000) for bodily injury' property damage and
physical damage to property and not less than six million dollars ($6,000,000) aggregate for all occurrences.
With respect to the above outlined insurance requirements for Railroads, the following shall govern:
a. Where one Railroad Company is involved, the Contractor shall provide one insurance policy in the name of the
Railroad Company. However, if more than one grade separation is involved on the project at entirely separate
locations on the line or lines of the same Railroad Company, separate coverage shall be provided, each in the
amounts stated above. Dual lane structures at the same highway location will be considered as one structure
and only one policy will be required.
b. Where more than one Railroad Company is operating on the same right of way or where several Railroad
Companies are involved and operate on their own separate rights of way, the Contractor shall provide
separate insurance policies in the name of each Railroad Company.
c. If, in addition to a grade separation, other work is proposed on a Railroad Company's right of way at a location
entirely separate from the grade separation, insurance coverage for this work shall be included in the policy
covering the grade separation.
d. If no grade separation is involved but other work is proposed on a Railroad Company's right of way, all such
other work may be covered in a single policy for that railroad even though the work may be at two or more
separate locations.
If other work is proposed on two or more Railroad Companies' rights of way or where other work is proposed
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involving two or more Railroad Companies operating on the same right of way, separate insurance policies must be
provided for each Company.
4. General.
No work on Railroad Company's property to be performed by the Contractor shall be commenced until the
Contractor has furnished the City of Round Rock, Texas certification of required "Comprehensive General liability
Policy" and an original policy of required "Railroad Protective Liability (which includes Bodily Injury, Property
Damage and Physical Damage Insurance)" for each Railroad Company named, as required by Paragraph No. 3,
above.
The insurance, as specified in paragraphs numbered 1 and 2 above, shall be carried until all work required to be
performed under the terms of the contract is satisfactorily completed as evidenced by the formal acceptance by the
City of Round Rock, Texas.
The insurance, as specified in paragraph number 3 above, shall be carried until all work to be performed on the
railroad right of way has been completed and the temporary grade crossing, if any, is no longer used by the
Contractor.
No direct compensation will be made to the Contractor for providing the insurance policies required herein as the
costs involved shall be included in the unit prices bid for the several pay items of the proposal.
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