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11/21/2016 - Regular Agenda Packet - City Council
City Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMMonday, November 21, 2016 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2.Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: · November 10, 2016 Workshop · November 10, 2016 Regular Meeting 16-07562a. Sponsors:Mashburn WKSHP111016 DRAFT Minutes RM111016 DRAFT Minutes Attachments: Presentation, possible action, and discussion on a professional services contract (Contract No. 17300146) with Halff Associates in the amount of $530,177 for the professional engineering services related to the design of the Capstone & Barron Alignment project. 16-07072b. Sponsors:Harmon Project Map-Alignment 1&2Attachments: Presentation, possible action, and discussion on the School 16-07162c. Page 1 College Station, TX Printed on 11/17/2016 November 21, 2016City Council Regular Meeting Agenda - Final Resource Officer interlocal agreement with the College Station Independant School District. Sponsors:Couch SRO ILA 11-08-16 FinalAttachments: Presentation, possible action, and discussion regarding a $203,469 construction contract with Palomares Construction, Inc. for sidewalk improvements along Eisenhower, Live Oak, Cross Street, and San Saba. 16-07172d. Sponsors:Eller Palomares Construction Contract 16300587 Executed Bid Tabulation #16-097 2016 CDBG Sidewalks Map Attachments: Presentation, possible action, and discussion on renewing the annual contract for gasoline and diesel fuel (Contract #15-006) with Brenco Marketing Corporation (Bryan, TX) for one (1) year; and authorize the annual estimated expenditures of $900,000. 16-07272e. Sponsors:Leonard Brenco Renewal 2Attachments: Presentation, possible action, and discussion concerning award of contract 17300007 in the amount of $580,400 to purchase and install replacement Screw Lift Pumps 1 & 4 at the Carters Creek Wastewater Treatment Plant. 16-07302f. Sponsors:Coleman Bid TabAttachments: Presentation, possible action, and discussion regarding renewal of contract #15-036 to Brazos Paving, Inc. in an amount not to exceed $907,200 for concrete curb, gutter and flatwork installation. 16-07472g. Sponsors:Harmon Bid 14-092 Signed Concrete Flatwork Curb and GutterAttachments: Presentation, possible action, and discussion regarding a Resolution authorizing a License Agreement with Pitman Custom Homes, LP allowing an approximately 0.0022 acre encroachment into a public utility easement located at Lot 4A, Block 2, Section 7, Phase 2, Creek Meadows Subdivision, according to the amending plat recorded in Volume 13225, Page 187 of the Official Records of Brazos County, Texas. 16-07532h. Sponsors:Cotter Page 2 College Station, TX Printed on 11/17/2016 November 21, 2016City Council Regular Meeting Agenda - Final VicinityMap LocationMap Resolution Exhibit A Exhibit B Attachments: Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. Public Hearing, presentation, possible action, and discussion on the annual review of the Comprehensive Plan and the annual review of the Unified Development Ordinance (UDO). 16-07521. Sponsors:Bullock and Paz Annual ReviewAttachments: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.76 acre portion of a called 50-foot wide Public Access Easement as described in Volume 11019, Page 281 of the Official Public Records of Brazos County, Texas, said portion of easement lying in Lot 1R, Block 5, Greens Prairie Center, Phase 2A, and Lot 1A-R, Block 3, Caprock Crossing, according to the plat recorded in Volume 12687, Page 174 of the Official Public Records of Brazos 16-07542. Page 3 College Station, TX Printed on 11/17/2016 November 21, 2016City Council Regular Meeting Agenda - Final County, Texas. Sponsors:Cotter Vicinity Map Location Map Ordinance Exhibit A Attachments: Presentation, possible action, and discussion regarding the appointment of Councilmembers to boards and commissions. 16-07393. Sponsors:Mashburn Audit Committee Guidance 2015-2016 Council Appointed Reps Attachments: 4. Executive Session will be held in the Administrative Conference Room. Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: Litigation: a.Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas Legal Advice: a. Legal issues related to the contracts associated with the Enterprise Resource Planning (ERP) System Personnel {Gov’t Code Section 551.074}; possible action - The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a.Council Self Evaluation 5.Take action, if any, on Executive Session. Presentation, possible action, and discussion on the election of 16-07636. Page 4 College Station, TX Printed on 11/17/2016 November 21, 2016City Council Regular Meeting Agenda - Final Mayor Pro Tempore. Sponsors:Mashburn 7. Adjourn. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on November 17, 2016 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 5 College Station, TX Printed on 11/17/2016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0756 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:11/14/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion of minutes for: ·November 10, 2016 Workshop ·November 10, 2016 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP111016 DRAFT Minutes RM111016 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ·November 10, 2016 Workshop ·November 10, 2016 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: ·November 10, 2016 Workshop ·November 10, 2016 Regular Meeting College Station, TX Printed on 11/17/2016Page 1 of 1 powered by Legistar™ WKSHP111016 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION NOVEMBER 10, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Spencer Davis, VP Student Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:30 p.m. on Thursday, November 10, 2016 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, the College Station City Council convened into Executive Session at 4:32 p.m. on Thursday, November 10, 2016 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas Legal matters related to a September 8, 2016, accident occurring generally at the intersection of Angus Avenue and Ayrshire Street in College Station, Texas WKSHP111016 Minutes Page 2 Legal matters related to a May 8, 2016, accident occurring generally at the intersection of State Highway 6 and Southwest Parkway in College Station, Texas Legal matters related to the dismissal of City employee C. Clayton The Executive Session adjourned at 5:07 p.m. 3. Take action, if any, on Executive Session. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to authorize the City Manager to settle the claim brought by Kathleen M. Ritch, individually and on behalf of Alannah Ritch, and Andrew J. Ritch, in an amount not to exceed $250,000 and to execute a Settlement and Release containing terms as are customarily contained in Settlement Agreements. The motion carried unanimously. 4. Presentation, possible action, and discussion on items listed on the consent agenda. Item 2k was pulled from consideration. Items 2b, 2d, 2g, and 2h were pulled for clarification. (2b): Natalie Ruiz, Director of Economic Development, clarified the framework of the agreement related to capital investment, jobs, and incentives. (2d): Dave Coleman, Director of Water Services, explained that this project is on the impact fee list and will be reimbursed with impact fees. Recovery is right at 50%. (2g): Dave Coleman, Director of Water Services, explained that the agreements did not anticipate an impact fee. After the fees were enacted, the developer agreed that residents of the MUD will pay a premium on their water/wastewater bills (50%) until the recovery is met. (2h): Aubrey Nettles, Special Projects Coordinator, clarified that a single-family house will pay $7.78 and multi-family will pay $6.10. There are five tiers for non-residential. 5. Presentation, possible action, and discussion regarding pavement standards. Donald Harmon, Director of Public Works, provided information regarding pavement standards. He noted that in Bridgewood, Phase 2 development phase, the approximate additional cost per lot is $1,400. Life cycle costs were also looked at, utilizing minimal maintenance. Initial construction costs for rigid pavement were higher than flexible pavement; maintenance costs for rigid pavement were lower than flexible pavement; and life cycle costs for rigid pavement were lower than flexible pavement. Staff recommends: 1) require existing rigid pavement minimum standards for residential and collector streets (approximate cost impact per lot is $1,400); or 2) require existing rigid pavement minimum standards for collector streets only (approximate cost impact per lot is $650). WKSHP111016 Minutes Page 3 MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted three (3) for and four (4) opposed, with Mayor Berry and Councilmembers Aldrich, Nichols, and Benham voting against, to direct staff to come back with a third option. The motion failed. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Benham, the City Council voted four (4) for and three (3) opposed, with Councilmembers Brick, Mooney, and Schultz voting against, to direct staff to go with option 1: require existing rigid pavement minimum standards for residential and collector streets. The motion carried. 6. Presentation, possible action, and discussion relating to a proposal for a new office building for the Brazos Central Appraisal District. John Flynn, with the Brazos Central Appraisal District, stated that the CAD is seeking a new building due to concerns with growth, security, customer service, and technology. The Brazos Central Appraisal District Board of Directors recommends building rather than leasing office space to give the property owners the best value for their tax dollars and to provide improved security, efficiency and technology for the CAD staff as well as the public. 7. Presentation, possible action, and discussion regarding a discussion of the Itinerant Vendor ordinance and requirements related to temporary outdoor sales. Lance Simms, Director of Planning and Development Services, outlined the requirements related to Itinerant Vendors (I-Vendors) with a focus on mobile medical uses (i.e., IV therapy) and temporary outdoor tent sales. Possible changes could be to exempt IV infusion therapy from the I-Vendor ordinance; continue to require I-Vendor permits, but allow more days per year; extend the number of days allowed under the permit (currently 21 days/year); shorten the duration of the permit (e.g. six months); and/or provide consistent requirements for on-site tent sales. Council provided direction to exempt mobile medical clinics and to extend the number of days allowed (for both on-site and off-site tent sales) to 36 days per year. 8. Council Calendar Council reviewed the calendar. 9. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no future agenda items. 10. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health WKSHP111016 Minutes Page 4 Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, FBT/Texas Aggies Go to War, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, YMCA, Youth Advisory Council, Zoning Board of Adjustments There were no Council reports. 11. Adjournment There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:12 p.m. on Thursday, November 10, 2016. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM111016 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION NOVEMBER 10, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Spencer Davis, VP Student Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Berry at 7:25 p.m. on Thursday, November 10, 2016 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Hear Visitors Comments Julie Schultz, 3208 Innsbruck, expressed her thankfulness for Mayor Berry, written comments attached. Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Lance Corporal Shane L. Goldman. Cecilia Yip, 1715 Cardinal Lane, asked Council to consider a facility for people to play and learn about pickleball. This combines three sports: tennis, table tennis, and badminton. It can be played as singles, doubles, or mixed doubles. RM111016 Minutes Page 2 Mike Green, 824 Pine Valley, said pickleball is the fastest growing sport in the US. There is only one place in College Station to play, and only for two hours one evening. The demand is there. Matthew Fontaine, 3900 Bridgeberry Court, asked Council to consider more availability of pickleball courts. This sport is for all age levels. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: October 27, 2016 Workshop October 27, 2016 Regular Meeting 2b. Presentation, possible action, and discussion on approval of a Chapter 380 Economic Development Agreement between the City of College Station and Viasat, Inc. regarding approximately 9 acres on Health Science Center Parkway on lot 1, block 1 of Traditions Phase 101 filed in volume 13145, page 53 of the Official Deed Records of Brazos County, Texas. 2c. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station (COCS) and Saber Power Services in the amount of $2,986,103.45 for the purpose of modifying the ring bus and relocating transformer number 2 at Greens Prairie Substation. 2d. Presentation, possible action, and discussion regarding construction contract 17300010 with Elliott Construction, LLC, in the amount of $4,576,851 for Phase 2 of the Bee Creek Sanitary Sewer Trunk Line Rehabilitation. 2e. Presentation, possible action, and discussion regarding Ordinance 2016-3832, amending Chapter 11, "Utilities" Section 11-2, "Water and Sewer Services," of the Code of Ordinances of the City of College Station, Texas having the effect of recognizing water and sewer utility rates and surcharges established by contract. 2f. Presentation, possible action, and discussion to approve an amendment to the March 12, 2016, Agreement Designating Fire Station Site between the City of College Station and McAlister Opportunity Fund 2012 to designate an alternate fire station site agreed to by the parties. 2g. Presentation, possible action, and discussion on a modification to the Utility Agreement with Brazos County MUD #1 to include a surcharge for water and sewer service without the charge of impact fees and other related matters. 2h. Presentation, possible action, and discussion regarding Ordinance 2016-3833, approval of a roadway maintenance fee. 2i. Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for programming services to add the RM111016 Minutes Page 3 appropriate Roadway Maintenance fee to utility accounts in the utility billing system in an amount not to exceed $7,880. 2j. Presentation, possible action, and discussion on Resolution 11 -10-16-2j, authorizing banners for the annual Christmas Parade. 2k. Presentation, possible action, and discussion on an interlocal Chapter 380 agreement with Brazos County creating an economic development program that includes mechanisms for funding needed core public infrastructure in targeted locations throughout the City. 2l. Presentation, possible action, and discussion regarding the approval of Resolution 11-10- 16-2l, approving the purchase of property and construction of a new office building by the Brazos Central Appraisal District. Item 2k was pulled from consideration at this time. Item 2h was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less items 2h and 2k. The motion carried unanimously. (2h)MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmember Benham voting against, to adopt Ordinance 2016-3833, approval of a roadway maintenance fee. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action and discussion on Ordinance 2016-3834, amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime” of the Code of Ordinances to remove parking on Peyton Street, Chappel Street, Banks Street, Pearce Street, Columbus Street, Churchill Street, Pasler Street, Preston Street, Avenue B, and Turner Street. Troy Rother, Traffic Engineer, reminded Council that at the April 28th City Council Meeting residents informed City Council and City Staff that on-street parking was making it difficult to access residences within their neighborhood. Council provided direction to evaluate on-street parking within the neighborhood and determine if parking removal was needed to provide emergency vehicle access. Based upon the observations of the Fire Department, Police Department, and Traffic Engineering, Staff presented a proposed No Parking Ordinance to residents from the area at a public meeting on October 19th. There were twenty citizens in attendance at the public meeting. Additionally, staff received phone calls from five residents and emails from five residents. Of the twenty citizens at the meeting, five seemed to be in support of the proposed ordinance to remove parking from one side of each street and fifteen seemed to be RM111016 Minutes Page 4 opposed. Staff also received emails and phone calls. Those opposed to this ordinance include long-term residents and owners of rental properties. Long-term residents are opposed to this ordinance because they are upset that such parking removal is now needed despite their prior objections to the creation of rental properties that do not have sufficient off-street parking for the number of bedrooms being rented. Rental property owners are opposed to this ordinance because they feel it will affect their ability to make money from their rental properties. Residents in support of the ordinance see a need for emergency vehicles to be able to access these streets, noting a number of older residents that may need access to ambulance service. To improve safety, mobility, and emergency vehicle access along these streets, the City of College Station Traffic Management Team recommends approving this ordinance, as well as staff. At approximately 7:51 p.m., Mayor Berry opened the Public Hearing. William Beard, 617 Columbus, provided written comments, attached, Delaney Becker, 827 Pasler Street, provided written comments. Andrew Daily, 608 Pearce, said he has lived there about 30 years. It used to be a quiet neighborhood, but over the years larger homes have been built without adequate parking. The homes on his street are inhabited by families, some of which are approaching retirement. When family comes to visit, there is no place to park. Virgia Thomas, 611 Banks, does not agree with removing the parking, but the area has been overbuilt and is over crowded. The community is 70 years old and is family oriented. There are elderly residents throughout the area. She asked for no more building in the community, Jimmy McDonald, 713 Pasler, declined to speak. Lucile Young, 720 Churchill Street, thanked Council for what they have done. Removing parking from one side of the street is for the good of the community and for its safety. God is on their side. This is a senior neighborhood, with most of the residents in their 80’s. Kener Hamilton, 814 Churchill, the full evidence of the problem is in the nighttime. Between the parties and games days, there are 30 cars on Churchill There being no further comments, the Public Hearing was closed at 8:03 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Mayor Berry, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016-3834, amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime” of the Code of Ordinances to remove parking on Peyton Street, Chappel Street, Banks Street, Pearce Street, Columbus Street, Churchill Street, Pasler Street, Preston Street, Avenue B, and Turner Street. The motion carried unanimously. Staff was requested to research a permitted parking system. RM111016 Minutes Page 5 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3835, amending Chapter 12, “Unified Development Ordinance,” Article 2 “Development Review Bodies”, Section 12-2.5 “Design Review Board,” Subsection B “Membership and Terms” of the Code of Ordinances of the City of College Station, Texas, regarding membership of the Design Review Board. Molly Hitchcock, Planning and Development Services, noted that this ordinance provides revisions to the Design Review Board (DRB) membership qualifications in the Unified Development Ordinance (UDO). At the workshop on July 28, 2016, the Council discussed membership qualifications of the Board and the challenges of making appointm ents to the DRB. This amendment is proposed to address City Council’s concerns and thoughts expressed at the workshop meeting. The Planning and Zoning Commission considered this item at their October 20 meeting and unanimously recommended approval. At approximately 8:32 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:32 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3835, amending Chapter 12, “Unified Development Ordinance,” Article 2 “Development Review Bodies”, Section 12-2.5 “Design Review Board,” Subsection B “Membership and Terms” of the Code of Ordinances of the City of College Station, Texas, regarding membership o f the Design Review Board. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion approving Ordinance 2016- 3836, vacating and abandoning a 0.062 acre public drainage easement lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described by a deed to TLS Properties, LTD., recorded in Volume 3091, Page 243 of the Official Public Records of Brazos County, Texas. Carol Cotter, Planning and Development Services, stated that this public drainage easement abandonment will accommodate the recent development of The Junction, a multifamily project. The owner of the Junction will privately own and maintain the existing drainage area and infrastructure at this location. Staff recommends approval. At approximately 8:34 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:34 p.m. RM111016 Minutes Page 6 MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3836, vacating and abandoning a 0.062 acre public drainage easement lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described by a deed to TLS Properties, LTD., recorded in Volume 3091, Page 243 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion on Resolution 11-10-16-04, that establishes the City Council determination that the use of parkland is allowable and that no other feasible or prudent alternative exists for a Public Utility Corridor to run wastewater lines and other public utilities for the proposed Southern Pointe development, and that all reasonable planning measures have been taken to minimize the harm to such parkland. Dave Coleman, Director of Water Services, noted that approval of this item will establish a Public Utility Corridor across Lick Creek Park needed for the development of Brazos County MUD #1, known as Southern Pointe. Through the park is the only feasible route for the utility corridor, since the park lies directly between Southern Pointe and the Lick Creek Wastewater Treatment Plant. This agenda item only establishes the Public Utility Corridor across Lick Creek Park t o the Lick Creek Wastewater Treatment Plant and does not create any real property rights. A separate City authorized Right-of-Entry License Agreement will need to be executed by Brazos County MUD #1 and the Southern Pointe developer before any construction takes place in the Public Utility Corridor. The Right-of-Entry License Agreement will require that Brazos County MUD #1 and the developer provide, among other things, insurance, indemnity, release, and bonds, for the protection of City and parkland property. Staff recommends approval. At approximately 8:40 p.m., Mayor Berry opened the Public Hearing. Bob Brick, 1309 Foxfire, asked that attention be given to a very careful survey to mitigate the survival of rare species in the area. There being no further comments, the Public Hearing was closed at 8:41 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve Resolution 11-10- 16-04, that establishes the City Council determination that the use of parkland is allowable and that no other feasible or prudent alternative exists for a Public Utility Corridor to run wastewater lines and other public utilities for the proposed Southern Pointe deve lopment, and that all reasonable planning measures have been taken to minimize the harm to such parkland. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3837, amending the Comprehensive Plan - Future Land Use & Character Map from Estate RM111016 Minutes Page 7 to Restricted Suburban for approximately 13 acres located at 1404 Bird Pond Road, more generally located near the northeast corner of Rock Prairie Road and Bird Pond Road. This item was pulled at the request of the applicant. 6. Public hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3838, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from E Estate to PDD Planned Development District for approximately 13 acres being situated in the Thomas Caruthers league, abstract no. 9, College Station, Brazos County, Texas, said tract being the remainder of a called 26.25 acre tract of land as described as tract 2 by a partition deed to John Patton Atkins recorded in volume 394, page 796 of the deed records of Brazos County, Texas, generally located at 1404 Bird Pond Road, generally located near the northeast corner of Rock Prairie Road and Bird Pond Road. This item was pulled at the request of the applicant. 7. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3839, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from SC Suburban Commercial to PDD Planned Development District for approximately 6.89 acres being situated in the McGill Subdivision, Lot 1, Block 1 recorded in Volume 11610, Page 121 of the deed records of Brazos County, Texas, generally located at 2381 Earl Rudder Freeway South, more generally located North of Raintree Drive along Earl Rudder Freeway South. Mark Bombeck, Planning and Development Services, reported that the Planning and Zoning Commission considered this item on October 20 and unanimously recommended approval of rezoning without the additional height restriction recommended by staff. Additionally, the Planning and Zoning Commission recommended a condition to restrict the location of drive-thru restaurants only within phase one, as indicated on the Concept Plan. The applicant agreed to add ten feet to the buffer, increasing the buffer to thirty feet. At approximately 9:11 p.m., Mayor Berry opened the Public Hearing. Mark Buxkemper, 7708 Sherman Court, said this property has been rezoned several times. The neighbors have given up. His concern is the height of 49 feet and a 50,000 square foot building. This indicates the probability of a hotel. He asked that Council deny the request. Laurie Sorell, 7704 Sherman Court, said she is concerned about flooding. TXDOT has an easement for drainage. Whoever builds on that property will have a lot of challenges. She also has concerns about traffic, restaurant smells, and noise. Veronica Morgan, 3204 Earl Rudder South, provided a brief history of the property. She noted the concept plan does not show all the detail, it is just a general idea. They will have to meet all RM111016 Minutes Page 8 City ordinances. They are requesting a 2:1 height ratio for more flexibility. They also need to balance a project on property with highway frontage adjacent to a residential area. Bil Lero, 2409 Nottingham, Bryan, stated the current zoning just doesn’t work. They are not attempting to draw traffic to the area; they are just wanting to take advantage of the traffic that is already there. He noted that there are great distances from the buildings to the homes. Cheryl Wenck, 8703 Chippendale, expressed her concern about the drainage problems on the east side. There is a huge problem with flooding from Bee Creek in her neighborhood. There being no further comments, the Public Hearing was closed at 9:33 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Mayor Berry, the City Council voted two (2) for and five (5) opposed, with Councilmembers Brick, Aldrich, Mooney, Nichols, and Benham voting against, to adopt Ordinance 2016-3839, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from SC Suburban Commercial to PDD Planned Development District for approximately 6.89 acres being situated in the McGill Subdivision Lot 1, Block 1 recorded in Volume 11610, Page 121 of the deed records of Brazos County, Texas, generally located at 2381 Earl Rudder Freeway South, more generally located North of Raintree Drive along Earl Rudder Freeway South , with Planning and Zoning’s recommendations. The motion failed. 8. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3840, amending Chapter 15, “Impact Fees,” of the Code of the City of College Station, Texas, providing for roadway impact fees within the City. Alan Gibbs, City Engineer, stated that the ordinance, with an effective date of December 1, 2016, implements the collection of roadway impact fees (in three phases) within the entire city limits , consistent across the entire city limits, divided into four service areas. He noted that $375 per vehicle mile equates to a $1,500.00 impact fee for a single-family home. Staff recommends approval. At approximately 9:55 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:55 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Mayor Berry, the City Council voted six (6) for and one (1) opposed, with Councilmember Benham voting against, to adopt Ordinance 2016-3840, amending Chapter 15, “Impact Fees,” of the Code of the City of College Station, Texas, providing for roadway impact fees within the City, as amended. The motion carried. 9. Public Hearing, presentation, possible action, and discussion on Ordinance 2016-3841, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning RM111016 Minutes Page 9 Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GS General Suburban to GC General Commercial for approximately 1.229 acres being Lots 1, 2, 3, 4, 7, 8, and 10, Block 18, of College Hills Estates 4th Installment, according to the plat thereof recorded in Volume 104, Page 243 of the Deed Records of Brazos County, Texas, and located at 100, 102, 104, 106, 112, and 204 George Bush Drive East. Jennifer, Prochazka, Economic Development Manager, reported that the proposed rezoning from General Suburban to General Commercial is to allow for infill commercial redevelopment opportunities in proximity to Texas A&M University. The subject properties are located along the south side of George Bush Drive East, just north of existing commercial development. The lots are currently developed as single-family residential homes. While the properties are likely too small to redevelop for commercial uses on their own, there is opportunity for consolidation of lots for a larger redevelopment effort. As currently zoned, the properties could redevelop on a lot-by- lot basis, potentially precluding future commercial redevelopment in the area. This area was recently identified by Staff as a prime location for needed general commercial redevelopment and as a targeted area for commercial preservation. The Planning and Zoning Commission considered this item at their October 20 meeting and voted unanimously to recommend approval of the request. At approximately 10:12 p.m., Mayor Berry opened the Public Hearing. Penny Sue Thomas, 306 George Bush East, said she has family members living there. She asked what would be the effect if this goes forward. Staff said the use would continue until it sold. There being no further comments, the Public Hearing was closed at 10:14 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3841, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GS General Suburban to GC General Commercial for approximately 1.229 acres being Lots 1, 2, 3, 4, 7, 8, and 10, Block 18, of College Hills Estates 4th Installment, according to the plat thereof recorded in Volume 104, Page 243 of the Deed Records of Brazos County, Texas, and located at 100, 102, 104, 106, 112, and 204 George Bush Drive East. The motion carried unanimously. 10. Adjournment. Mayor Berry expressed her appreciation to the Council for the pleasure of serving with them. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:17 p.m. on Thursday, November 10, 2016. ________________________ RM111016 Minutes Page 10 Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0707 Name:Barron / Capstone Design Contract Status:Type:Contract Consent Agenda File created:In control:10/24/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion on a professional services contract (Contract No. 17300146) with Halff Associates in the amount of $530,177 for the professional engineering services related to the design of the Capstone & Barron Alignment project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Map-Alignment 1&2 Action ByDate Action ResultVer. Presentation, possible action, and discussion on a professional services contract (Contract No. 17300146) with Halff Associates in the amount of $530,177 for the professional engineering services related to the design of the Capstone & Barron Alignment project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: Barron Road and Capstone Drive will be realigned to intersect at FM 2154 at the same junction. The existing asphalt road is intended to be replaced with concrete roadway with curb, gutter, underground storm sewer, and sidewalks. A preliminary engineering study was performed by Halff and it recommended that Capstone be realigned to the existing Barron intersection with FM 2154. This recommendation was brought to council for approval. Council approved staff to move forward with the design of the recommended alignment. This project was approved with the FY16 budget to be funded with certificates of obligation and is one of several transportation projects originally prioritized by the 2015 Citizen Advisory Committee. Reviewed and Approved by Legal: Yes Budget & Financial Summary: A budget of $5,635,000 is included for this project in the Streets Capital Improvement Projects Fund. A total of $113,206 has been expended or committed to date leaving a balance of $5,521,794 for detailed design and construction. Attachments: 1.Contract No. 17300146 (on file with the City Secretary’s Office) College Station, TX Printed on 11/17/2016Page 1 of 2 powered by Legistar™ File #:16-0707,Version:1 2.Project Location Map College Station, TX Printed on 11/17/2016Page 2 of 2 powered by Legistar™ LEGEND U.P.R.R. LINE EXISTING STRUCTURE EXISTING R.O.W. EXISTING PROPERTY LINEah2913User:I:\31000s\31550\CADD\Sheets\31550-SCHEM-11X17.dgnFILE:3:00:11 PMTIME:8/29/2016DATE:SHEET 1/1 TBPE, FIRM #F-312CITY OF COLLEGE STATION N 6003001500 SCALE IN FEET SHEET 1/1 BARRON RD / CAPSTONE DR DATE: OCTOBER 13, 2016 From Wellborn Rd (FM 2154) to Wm. Fitch Pkwy (SH 40) ALTERNATIVES 09 08 0706 21 20 19 10 18 17 12 16 11 01 02 03 05 04 29 30 26 23 2427 22 25 28 14 15 13 TEXAS 40 TEXAS 40 TEXAS 6 WM D FIT C H P K WY B A R R O N R D CAPSTONE DR WELLBORN RDPRELIMINARY THIS PRINT IS FURNISHED FOR INFORMATION ONLY. THE PLAN INFORMATION OR OTHER DATA SHOWN HEREON IS SUBJECT TO CHANGE AND MUST NOT BE CONSTRUED AS FINAL. ALTERNATIVE 1 FM 2154 FM 2818 FM 2154 LEGEND U.P.R.R. LINE EXISTING STRUCTURE EXISTING R.O.W. EXISTING PROPERTY LINEah2913User:I:\31000s\31550\CADD\Sheets\31550-SCHEM-11X17.dgnFILE:3:00:24 PMTIME:8/29/2016DATE:SHEET 1/1 TBPE, FIRM #F-312CITY OF COLLEGE STATION N 6003001500 SCALE IN FEET SHEET 1/1 BARRON RD / CAPSTONE DR DATE: OCTOBER 13, 2016 From Wellborn Rd (FM 2154) to Wm. Fitch Pkwy (SH 40) ALTERNATIVES 09 08 0706 21 20 19 10 18 17 12 16 11 01 02 03 05 04 29 30 26 23 2427 22 25 28 14 15 13 TEXAS 40 TEXAS 40 TEXAS 6 WM D FIT C H P K WY B A R R O N R D CAPSTONE DR WELLBORN RDPRELIMINARY THIS PRINT IS FURNISHED FOR INFORMATION ONLY. THE PLAN INFORMATION OR OTHER DATA SHOWN HEREON IS SUBJECT TO CHANGE AND MUST NOT BE CONSTRUED AS FINAL. ALTERNATIVE 2 FM 2154 FM 2818 FM 2154 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:216-0716 Name:CSISD SRO ILA Status:Type:Agreement Consent Agenda File created:In control:10/27/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion on the School Resource Officer interlocal agreement with the College Station Independant School District. Sponsors:Billy Couch Indexes: Code sections: Attachments:SRO ILA 11-08-16 Final Action ByDate Action ResultVer. Presentation, possible action, and discussion on the School Resource Officer interlocal agreement with the College Station Independant School District. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy ·Sustainable City Recommendation: Staff recommends approval of the ILA with CSISD for the remainder of the 2016- 2017 academic school year. Summary: The attached inter-local agreement establishes our intent to continue providing school resource officer services to CSISD through the remainder of the 2016-2017 academic school year. Budget & Financial Summary: N/A Attachments: Inter-local agreement College Station, TX Printed on 11/17/2016Page 1 of 1 powered by Legistar™ CSISD SRO ILA Contract No. Page 1 of 10 28432: SRO ILA 11-08-16 Final SCHOOL RESOURCE OFFICER INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is hereby made and entered into by and between the CITY OF COLLEGE STATION, TEXAS, A Texas Home Rule Municipal Corporation (“City”), and the COLLEGE STATION INDEPENDENT SCHOOL DISTRICT, a Texas Local Government (“CSISD”) each acting by and through its duly authorized agents (“Parties”). WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested; and WHEREAS, the Parties have sufficient funds available from current revenues to perform the functions contemplated by this agreement; and WHEREAS, the City has established a School Resource Officer Program (“SRO Program”), with law enforcement officers from College Station Police Department (“CSPD”) and WHEREAS, the Parties recognize the outstanding benefits of the SRO Program to the citizens of the City and to the students of CSISD; and WHEREAS, it is in the best interest of the Parties and the citizens of the City and students of CSISD to continue the SRO Program; NOW, THEREFORE IN CONSIDERATION of the recitals and mutual covenants made herein by the City and CSISD to be respectively kept and performed, the Parties hereby mutually agree as follows: ARTICLE I DEFINITIONS The following terms shall have the following meanings when used in this Agreement: 1.1 “Chief of Police” means the College Station Chief of Police. This term also applies to any person designated by the Chief of Police to act on his behalf in regards to this Agreement. 1.2 “School Superintendent” means the CSISD School Superintendent. This term also applies to any person designated by the Superintendent to act on his behalf in regards to this Agreement. 1.3 “Law Enforcement Officer” means any City of College Station Peace Officer who has been commissioned under Texas law. 1.4 “Law Enforcement Duties” means any duties performed by any Law Enforcement Officer. CSISD SRO ILA Contract No. Page 2 of 10 28432: SRO ILA 11-08-16 Final 1.5 “School Resource Officer” (“SRO”) means any Law Enforcement Officer working with and aiding the administration and student bodies of A&M Consolidated Middle School, College Station Middle School, A&M Consolidated High School, College Station High School, and Center for Alternative Learning as part of the SRO Program. The SRO meets with students in a non- confrontational setting, and interacts with them as mentors, and resource persons. ARTICLE II MISSION AND PURPOSE 2.1 The mission of the SRO program is the reduction and prevention of school-related violence and crime committed by juveniles and young adults, the reduction of the fear of crime on school campuses, and building effective partnerships with the faculty and staff of CSISD. This is accomplished by assigning Law Enforcement Officers to school facilities. The SRO Program accomplishes this mission by creating and maintaining safe, secure and orderly learning environments for students, teachers, and staff. 2.2 The SRO’s will establish a trusting channel of communication with students, parents, and teachers. SRO’s will serve as a positive role model to instill in students good moral standards, good judgment and discretion, respect for other students, and a sincere concern for the school community. SRO’s will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. 2.3 SRO’s will serve as a confidential source of counseling for students and parents concerning problems they face as well as providing information on community resources available to them. Goals and objectives are designed to develop and enhance rapport between youth, police officers, and school administrators. ARTICLE III TERM AND TERMINATION 3.1 Agreement performance begins on July 13, 2016 and terminates on May 30, 2017. The Parties agree to assign Law Enforcement Officers to perform Law Enforcement duties at A&M Consolidated High School, College Station High School, Center for Alternative Learning, A&M Consolidated Middle School, and College Station Middle School during the term of the Agreement. 3.2 Any Party to this agreement may terminate its participation in this agreement by providing ninety (90) days written notice. In the event of termination of this agreement, compensation will be made to the City for all SRO services performed to the date of termination. CSISD shall be entitled to a pro-rated refund for that period of time when SRO services are not provided because of agreement termination. CSISD SRO ILA Contract No. Page 3 of 10 28432: SRO ILA 11-08-16 Final ARTICLE IV SCHOOL ASSIGNMENTS 4.1 The Chief of Police shall assign SRO’s to the following school campuses on a full time basis during Fall and Spring Semesters. a. One (1) SRO at A&M Consolidated High School to primarily act as a law enforcement presence, mentor, problem-solver, and provide positive police-student relations. b. One (1) SRO at College Station High School to primarily act as a law enforcement presence, mentor, problem-solver, and provide positive police-student relations. c. One (1) SRO at College Station Middle School, to primarily act as a law enforcement presence, mentor, problem-solver, and provide positive police-student relations. d. One (1) SRO to split time between A&M Consolidated Middle School and the Center for Alternative Learning, to primarily act as a law enforcement presence, mentor, problem-solver, and provide positive police-student relations. 4.2 After receiving significant input from the campus principals who will be sharing SRO’s, the Chief of Police will determine the amount of time a SRO spends at any particular school campus. ARTICLE V SCHOOL RESOURCE OFFICER DUTIES AND RESPONSIBILITIES 5.1 Administrative Duties a. SRO’s will check in with designated school staff upon arriving on campus and will report with school staff prior to leaving campus, unless circumstances prevent the SRO from checking in or out. b. The day-to-day operation and administrative control of the SRO Program will be the responsibility of the CSPD. Responsibility for the conduct of SRO personnel, both personally and professionally, shall remain with the CSPD. The College Station Police department will assign supervisory personnel to oversee the program. SRO’s shall remain employees of the CSPD and shall not be employees of the CSISD. c. All acts of commission shall conform to the guidelines of the CSPD’s Policy and Procedure Manual. d. SRO’s will not enforce “school or house rules” SRO’s are not school disciplinarians and will not assume that role. However, if the principal or other staff believes an incident involves a violation of the law, the principal or staff member may contact the SRO and the SRO will determine whether law enforcement action is appropriate. CSISD SRO ILA Contract No. Page 4 of 10 28432: SRO ILA 11-08-16 Final 5.2 Regular Hours, Vacation, Personal Leave, and Training Responsibilities a. Each SRO shall be assigned on a full-time basis for eight (8) hours, on those days and during those hours that the school is in regular session b. The SRO hours and days of work are to be considered flexible and may be changed to meet the needs of the CSPD or at the direction of the Chief of Police. c. Before taking any personal leave time, the school principal must be made aware of the SRO’s absence. Each SRO will follow the CSPD leave policy; however, no officer may take personal leave/vacation time during the school year without prior approval from their CSPD supervisor. d. When a SRO is temporarily absent from his or her assigned campus for training or other reasons on a day that the school is in session, the CSPD will make reasonable efforts to provide a police presence for that campus by assigning other SRO’s or police officers. When a police officer is needed on campus at times when the SRO or other officer is not on campus, school personnel should call the CSPD dispatch at the non-emergency number 979-764-3600 or dial 9-1-1 in case of an emergency. e. SRO’s are subject to current policy and procedures that are in effect for all CSPD officers, including attendance at all mandated training and testing to maintain state peace officer licensing and certification. This training and certification takes place throughout the year and may necessitate the temporary absence of the SRO from his or her assigned campus. 5.3 Law Enforcement Duties a. Assist CSISD in maintaining lawful order on school property while in full CSPD uniform at all times or other apparel approved by the CSPD. b. Enforce the laws of the State of Texas and City Ordinances of College Station and protect the students, teachers, staff, and public against criminal activity. c. Take enforcement action on criminal matters according to CSPD policy. As soon as practical, the SRO shall make the principal of the school aware of such action. At the principal’s request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school and school functions, to the extent that the SRO may do so under the authority of law. d. Gather information regarding potential problems such as gang activity, criminal activity, and student unrest and handle initial police reports of crimes committed on campus. CSISD SRO ILA Contract No. Page 5 of 10 28432: SRO ILA 11-08-16 Final e. Coordinate investigative procedures between police and school administrators that follow CSPD Policy. 5.4 Educational and Counseling Duties and Responsibilities a. Provide information about law enforcement topics to students and staff. b. Provide informational programs for CSISD staff, students, and parents on a variety of topics including, but not limited to issues related to alcohol and other drugs, criminal law, violence, gangs, safety and security. c. Refer students and their families to the appropriate agencies for assistance when the need is determined. d. Maintain good communication between CSPD and CSISD administration, principals, and staff. e. SRO’s will not replace any school counselor nor are they to conduct or offer any formal psychological testing or counseling. f. SRO’s will give advice to help resolve issues between students that involve matters that may result in a criminal violation, disturbances, and disruptions. g. SRO’s should not go to the home of a student without another officer or school administrator. When a visit is warranted, it should be reported to the SRO supervisor as soon as practical. h. Student confidentiality should be maintained, unless the gravity of the situation dictates otherwise to the extent permitted under law. ARTICLE VI SELECTION, TRANSFER AND REMOVAL OF SRO 6.1 Notice of SRO job openings will be made to all Law Enforcement Officers at CSPD through regular postings. CSPD policy at the time of the opening will be followed during the selection process for SRO’s. The officer(s) will be interviewed by a board consisting of CSPD representatives as determined by the Chief of Police and representatives of the school for which the SRO will be assigned as determined by the school principal. The Chief of Police or his appointed designee will make the final decision on all appointments or assignments related to the SRO program. 6.2 The CSPD will maintain the responsibility, while receiving significant input from the CSISD, for the recruitment, interviewing, and overall evaluation of the SRO’s. 6.3 A SRO may request to transfer to another school if the request meets the approval of the principals of each affected school and the Chief of Police or his appointed designee. CSISD SRO ILA Contract No. Page 6 of 10 28432: SRO ILA 11-08-16 Final 6.4 If the CSISD is dissatisfied with the performance of a SRO, the district will notify the SRO supervisor who will attempt to resolve the issue to the satisfaction of both the school district and the police department. If the SRO supervisor cannot resolve the issue, he/she will refer the issue with a recommended course of action to the Chief of Police or his appointed designee. 6.5 The CSPD may take appropriate corrective or disciplinary action regarding any allegation of misconduct on the part of a SRO in accordance with CSPD policy and procedures. 6.6 The Chief of Police or his appointed designee may dismiss or reassign a SRO when it is in the best interest of the City or CSISD. 6.7 In the event of a resignation, retirement, dismissal, or reassignment of a SRO, or in case of long-term absences by a SRO, CSPD will provide a temporary replacement for the SRO within thirty (30) school days of receiving notice of such absence, dismissal, resignation, retirement, reassignment. As soon as practical, an interview board shall convene and recommend a permanent replacement for the SRO position. ARTICLE VII SCHOOL DISTRICT RESPONSIBILITIES 7.1 CSISD will provide the SRO with a portable two-way radio or program an existing radio to enable SRO’s to communicate directly with the school administration. 7.2 CSISD will provide the SRO’s with access to an office that allows for security and privacy. The office must include, but is not limited to, a telephone, desk with lockable drawers, chair, office supplies, filing cabinet, which can be properly locked and secured, and computer. 7.3 The opportunity for SRO’s to address teachers and school administrators about the SRO program’s goals and objectives and provide SRO’s the opportunity to address teachers and school administrators about criminal justice problems relating to students during in-service workdays. 7.5 Seek input from SRO’s regarding criminal justice problems relating to students. 7.6 Police Vehicles a. The City will keep at A&M Consolidated High School and College Station High School one CSPD Patrol Vehicle each for SRO use in their duties at the high school and for emergency calls as needed. This vehicle will be used by SRO’s for the safety and security of the faculty and students of the high school. b. The City will own the Patrol Vehicle(s) and it will not be property of CSISD nor will CSISD have a special right of access to the Patrol Vehicle(s). c. The City will pay for all repairs, upkeep and other associated costs for the life of the Patrol Vehicle(s). The Patrol Vehicle(s) will be from CSPD’s current vehicle inventory. CSISD SRO ILA Contract No. Page 7 of 10 28432: SRO ILA 11-08-16 Final ARTICLE VIII SALARY AND BENEFITS OF SRO 8.1 CSISD agrees to reimburse the City for 75% of the annual salaries, fringe benefits, overtime of the SRO’s. 8.2 CSISD shall pay all expenses related to off-duty security performed by CSPD personnel including those off-duty securities performed by SRO’s. 8.3 CSISD will pay 75% and the City will pay 25% of the cost of all SRO related training. 8.4 The City will invoice CSISD in June of each year for the total costs of CSISD’s portion of the SRO’s salaries, benefits, overtime, and travel costs. 8.5 Salaries and benefits package includes: Total Wages, Certification Pay/Work, Longevity Pay, Training Specialist Pay, and Uniform Cleaning Allowance. 8.6 Total Additional Pays: Travel Costs, Accidental Death & Dismemberment, Group Insurance – Employer Paid, Group Life Insurance (WB), Long Term Disability, Medicare Portion/Social Security, Social Security - Employer Paid, TMRS, Unemployment Compensation, and Worker’s Compensation Insurance ARTICLE IX MISCELLANEOUS TERMS 9.1 Interlocal Cooperation Act. The Parties expressly acknowledge that each Party to this agreement is a local government as that term is defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquished by either Party of its right to claim such exemptions, privileges and immunities as may be provided by law. 9.2 Amendment. The terms and conditions of this agreement may be amended upon mutual consent of all Parties. Mutual consent will be demonstrated by approval of each governing body of each Party hereto. No amendment to this agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all Parties. 9.3 Effective. This agreement shall become effective immediately upon execution by all Parties and shall continue in effect until terminated as provided herein. 9.4 Indemnification. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each Party to this agreement agrees to hold harmless each other, its governing board, officers, agents, and employees for any liability, loss, damages, claims, or causes of action caused, or asserted to be caused, directly or indirectly by any other Party to this agreement, or any of its officers, agents or employees as a result of its performance under this agreement. CSISD SRO ILA Contract No. Page 8 of 10 28432: SRO ILA 11-08-16 Final 9.5 Consent to Suit. Nothing in this agreement will be construed as a waiver or relinquishment by any Party of its right to claim such exemptions, privileges and immunities as may be provided by law. 9.6 Invalidity. If any provision of this agreement shall be held invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their best efforts to replace the respective provision or provisions of the agreement with legal terms and conditions approximating the original intent of the Parties. 9.7 Notices. Any notices, approval, consent, or communications by one Party to another must be in writing and be personally delivered or sent by registered or certified United States Mail, properly addressed to the respective Parties as follows: COLLEGE STATION City Manager PO Box 9960 1101 Texas Avenue College Station, TX 77842 Tel:(979) 764-2510 Fax:(979) 764-6377 CSISD: Superintendent 1812 Welsh Street College Station, TX 77840 Tel: (979) 764-5455 Fax:(979) 764-5492 9.8 Entire Agreement. It is understood that this agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this agreement exist. This agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this agreement shall affect or modify any of the terms or obligations hereunder. 9.9 Texas Law. This agreement has been made under and shall be governed by the laws of the State of Texas. 9.10 Venue. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 9.11 Authority to Contract. Each Party has the full power and authority to enter into and perform this agreement and the person signing this agreement on behalf of each Party has been properly authorized and empowered to enter into this agreement. The persons executing this agreement hereby represent that they have authorization to sign on behalf of their respective Governmental Bodies. 9.11 Waiver. Failure of any Party, at any time, to enforce the provision of this agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this agreement, any part hereof, or the right of either Party thereafter to enforce each and every provision hereof. CSISD SRO ILA Contract No. Page 9 of 10 28432: SRO ILA 11-08-16 Final No term of this agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 9.12 Agreement Read. The Parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this agreement. 9.13 Assignment. This agreement and the rights and obligations contained herein may not be assigned by any Party without prior written approval of the other Party to this agreement. 9.14 Multiple Originals. It is understood and agreed that this agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. CSISD SRO ILA Contract No. Page 10 of 10 28432: SRO ILA 11-08-16 Final COLLEGE STATION INDEPENDENT CITY OF COLLEGE STATION SCHOOL DISTRICT By: By: School Board President Mayor Date: ________________ Date: ________________ ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:216-0717 Name:2016 CDBG Neighborhood Sidewalk Project Status:Type:Contract Consent Agenda File created:In control:10/27/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion regarding a $203,469 construction contract with Palomares Construction, Inc. for sidewalk improvements along Eisenhower, Live Oak, Cross Street, and San Saba. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Palomares Construction Contract 16300587 Executed Bid Tabulation #16-097 2016 CDBG Sidewalks Map Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a $203,469 construction contract with Palomares Construction, Inc. for sidewalk improvements along Eisenhower, Live Oak, Cross Street, and San Saba. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval of this contract. Summary: The 2016 CDBG Neighborhood Sidewalk Project will construct sidewalks on the west side of Eisenhower (ST1610), the south side of Live Oak (ST1612), an ADA accessible sidewalk on the south side of Cross Street (ST1613), and north side of San Saba Drive. All projects were included in the Bicycle, Pedestrian, and Greenways Master Plan. The Eisenhower, Live Oak, and San Saba Drive projects were affirmed in the Eastgate Neighborhood and Central College Station Neighborhood Plans. The Cross Street project was an ADA request Budget & Financial Summary: A budget of $513,577 in Community Development Block Grant funds were allocated for these projects in the 2015 - 2016 Annual Action Plan and Community Development Budget. A total of $49,000 has been expended or committed to date, leaving a balance of $465,577 for construction and related expenses. Attachments: College Station, TX Printed on 11/17/2016Page 1 of 2 powered by Legistar™ File #:16-0717,Version:2 1. Contract No. 16300587 (on file with the City Secretary) 2. Bid Tabulation 16-097 3. Project Location Map College Station, TX Printed on 11/17/2016Page 2 of 2 powered by Legistar™ BID DOCUMENTS FOR 2016 CDBG Sidewalk Project BID NO. 16-097 PROJECT NO. CD-8010 DUE DATE: AUGUST 31, 2016 @ 2:00 P.M. City of College Station, Texas Purchasing Division – City Hall PO Box 9960 1101 Texas Avenue College Station, Texas 77842 979-764-3555 www.cstx.gov Attention Contractor The project you are bidding on is funded partially or wholly by federal funds from the U.S. Department of Housing and Urban Development (HUD). All construction work performed in relation to it is subject to the Davis-Bacon Act, Copeland Anti-Kickback Act, Contract Work Hours Safety Standards Act, and the Fair Labor Standards Act. Compliance will be monitored by the City of College Station Community Development Office. The Davis-Bacon Act requires conformance to the attached wage decision for all construction workers on the site. All wages paid by prime and sub contractors to construction workers involved in this project must meet or exceed those wages listed on the decision. If a worker’s classification does not fit any for those shown, notify the City of College Station Community Development Office immediately. The payment of wages will be verified by submittal of weekly payrolls to the Community Development Office. If underpayment occurs, corrections will be made as specified by the Act. The Copeland Anti-Kickback Act prohibits kickbacks from employees to employers on federal projects. Compliance is monitored by requiring contractors to submit their weekly payrolls to the College Station Community Development Office. All deductions from employee payrolls other than Social Security and Income Taxes must be authorized in writing by the employee affected. This includes deductions for medical care and retirement plans. Payroll Deduction Authorization Forms are available from the Community Development Office for this purpose. All payrolls must be submitted no more than seven days after the pay period covered. The Fair Labor Standards Act sets requirements for payment of minimum wages, maximum hours, overtime pay, child labor standards and prohibits wage discrimination on the basis of race, religion or gender. When in conflict with the Davis-Bacon Act, the Davis-Bacon Act takes priority. Section 3 of the 1968 Housing and Urban Development Act mandates that opportunities for training and employment generated by HUD programs be targeted to low income persons “to the greatest extent possible.” Contractors and Sub contractors will be required to certify they are equal opportunity employers and they do not maintain segregated facilities. The City of College Station strongly urges contractors to employ low-income workers from within College Station City Limits. The College Station Community Development Office is available to any contractor or sub contractor who has questions concerning the above material. All regulations outlined above apply to both prime and sub contractors, although the prime contractor bears full responsibility for compliance by any sub contractors. Any failure to comply with the above acts may delay or prohibit payment for work in place. Direct Questions to: Debbie Eller City of College Station Community Development Office P. O. Box 9960 511 University Dr. East, Suite 201 College Station, TX 77840 (979) 764-3778 ITB 16-097 2016 CDBG Sidewalk Project Page 2 TABLE OF CONTENTS INSTRUCTION TO BIDDERS CONTRACTOR'S PROPOSAL CONTRACTOR DATA SHEET CERTIFICATION SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 FEDERAL LABOR STANDARDS (Form HUD-4010) CONTRACTOR’S GUIDE CONDITIONS OF AGREEMENT STANDARD FORM OF AGREEMENT FOR CONSTRUCTION SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS ITB 16-097 2016 CDBG Sidewalk Project Page 3 INSTRUCTION TO BIDDERS ITB 16-097 2016 CDBG Sidewalk Project Page 4 INSTRUCTIONS TO BIDDERS 1.0 ADVERTISEMENT Sealed bids addressed to the City of College Station – Purchasing Division, will be received for: 2016 CDBG Sidewalk Project Bid Number 16-097 Project No. CD-8010 until 2:00 p.m. CST, Wednesday, August 31, 2016 after which time all qualified bids will be opened and read. Bids received after that time will be returned unopened. Questions and inquiries about this bid should be submitted in writing via the Q&A feature available through the Online Bidding System at https://brazosbid.cstx.gov/ . The deadline for submitting written requests for clarification is Thursday, August 25, 2016 at 2:00 p.m. CST. LOCATION AND DESCRIPTION OF PROJECT The project involves the construction of sidewalks on portions of Cross Street, Eisenhower Street, Live Oak Street and San Saba Drive. A Mandatory Pre-bid Meeting will be held at the Second Floor Conference Room of City Hall, 1101 Texas Ave, College Station, Texas at 2:00 p.m. CST on August 18, 2016. This meeting is mandatory for a bid proposal to be accepted. COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City’s website at https://brazosbid.cstx.gov . Sealed bids shall be clearly marked with the bid number and title and addressed to the City of College Station – Purchasing Division. Bids shall be delivered using one of the following methods: Hand-deliver to: 1101 Texas Avenue College Station, Texas 77840 Mail to: PO Box 9960 College Station, Texas 77842 Ship to (FedEx, UPS, DHL, etc.): 310 Krenek Tap Road College Station, Texas 77840 Five (5) percent bid security is required. END ADVERTISEMENT ITB 16-097 2016 CDBG Sidewalk Project Page 5 2.0 DEFINITION OF TERMS In order to simplify the language throughout this bid, the following definitions and those defined in the Contract Documents shall apply: BIDDER - A contractor who submits a Bid directly to the City. BIDDING DOCUMENTS - the Advertisement, Instructions to Bidders, the Proposal, Special Provisions, Technical Specifications and the proposed Contract Documents (including all Addenda issued prior to the receipt of Bids). CITY OF COLLEGE STATION – Same as City. CITY COUNCIL – The elected officials of the City of College Station, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and Laws. CONTRACT – An agreement between the City and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. CONTRACTOR – The successful Bidder(s) of this bid request. CITY – The government of the City of College Station, Texas. SUB-CONTRACTOR – Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. SUCCESSFUL BIDDER - the lowest, qualified, responsible and responsive Bidder to whom the City (on the basis of the City's evaluation as hereinafter provided) makes an award. SUPPLIER – Same as Contractor. 3.0 COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City’s website at https://brazosbid.cstx.gov . Complete sets of Bidding Documents must be used in preparing Bids; the City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 4.0 MANDATORY PREBID CONFERENCE A Mandatory Prebid Conference will be held at 2:00 p.m. CST, Thursday, August 18, 2016 at City Hall, Second Floor Conference Room, 1101 Texas Ave., College Station, Texas 77840. Representatives of the Owner and Engineer will be present to discuss the project. Bidders are highly encouraged to attend and participate in the conference. Owner's Representative will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the conference. Attendance at this prebid will be mandatory for bid submissions to be accepted. 5.0 GENERAL BID PROVISIONS a. The Invitation to Bid as advertised will be considered an inclusion of the specifications and conditions. b. The term “Owner” as used throughout these documents will mean The City of College Station, Texas. ITB 16-097 2016 CDBG Sidewalk Project Page 6 c. Bid proposals will be submitted on the forms provided by Owner. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initialed in ink by the person signing the proposal. d. Formal advertised bids indicate date and time by which the bids must be received in the Purchasing division. Bids received after that time will be returned unopened to the bidder. e. The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. f. Bidders may request withdrawal of a posted sealed proposal prior to the scheduled bid opening time, provided the request for withdrawal is submitted to the Purchasing Division in writing. Owner reserves the right to reject any and all bids by reason of this request. g. In the event there are inconsistencies between the general provisions and other bid terms or conditions contained herein, the former will take precedence. h. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. Owner is not bound by any oral representations, clarifications, or changes made in the written specifications by Owner’s employees, unless such clarification of change is provided to bidders in written addendum form from the Purchasing Division. i. All bids will be awarded to the lowest responsible bidder. The determination of the lowest responsible bidder may involve all or some of the following factors: price, conformity to specifications, financial ability to perform the contract, previous performance, facilities and equipment, availability of repair parts, qualifications and experience, delivery promise, payment terms, compatibility as required, other costs, and other objectives and accountable factors which are reasonable. j. Owner may give an environmental preference to products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. This comparison may consider raw materials acquisition, product, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service; k. Bidders may be disqualified and rejection of proposals may be recommended to the Owner for any (but not limited to) of the following causes: 1) Failure to use the proposal form furnished by the Owner; 2) Lack of signature by an authorized representative on the proposal form; 3) Failure to properly complete the proposal; 4) Evidence of collusion among proposers; 5) Omission of a certified personal or company check as a proposal guarantee (if Bid Bond required); 6) Unauthorized alteration of bid form; 7) Lack of appropriate qualifications and experience relative to the size and scope of the work proposed; 8) Unsatisfactory performance; or 9) Failure to complete projects. Owner reserved the right to waive any minor informality or irregularity. l. Whenever in this invitation, any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacture, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired and will be deemed to be followed by the words “or equal.” ITB 16-097 2016 CDBG Sidewalk Project Page 7 m. Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed, shall be returned upon request at the bidder’s expense. n. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous written consent of Owner and any sureties. o. Contractor must provide audited financial statements, if requested, to the City. p. Prices should be itemized. Unit prices shall be set to no more than four (4) decimal places. The Owner reserves the right to award by item or by total bid. If there are discrepancies between unit prices and extension, the unit price will prevail. q. No freight or delivery charges will be accepted unless shown on bid. r. Discounts for prompt payment offered may be taken into consideration during bid evaluation. Terms of payment offered will be reflected in the space provided on the bid proposal form. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later. s. Owner is exempt from State Retail Tax and Federal Excise Tax. The price bid must be net, exclusive of taxes. t. All bidders will comply with all Federal, State, and local laws relative to conducting business in the City of College Station. The laws of the State of Texas will govern as to the interpretation, validity, and effect of this bid, its award and any contract entered into. u. The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harmless from any and all causes of action or claims of damages arising out of or related to bidder’s performance under this contract. v. Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, will operate to void all proposals of that particular bid solicitation or request. w. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award. x. If unable to bid, please sign and return this form by return mail, advising reason for not submitting quotation. 6.0 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of City's request, written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below. Each Bid must contain evidence of the Bidder's qualifications to do business in the State of Texas or covenant to obtain such qualification prior to award of the contract. In determining a bidder's qualifications, the following factors will be considered: A. Work previously completed by the bidder and whether the bidder: ITB 16-097 2016 CDBG Sidewalk Project Page 8 a. maintains a permanent place of business, b. has adequate plant and equipment to do the work properly and expeditiously, c. has paid or settled all claims for payment promptly, d. has appropriate technical experience, e. has job references for work of similar size and scope to the project bid herein; and f. satisfactory performance and completion of public, or comparable, projects. B. The safety record of the Bidder, of the corporation, partnership, or institution represented by the Bidder, or of any one acting for such firm, corporation, or partnership. Each Bidder may be required to show that he has properly completed similar type work and that no claims are now pending against such work. No bid will be accepted from any bidder who is engaged in any work that would impair his ability to fully execute, perform or finance this work. The General/Sub-Contractors Experience Data Sheet following the proposal must be filled out and submitted with the bid for consideration. Failure to include a completed Data Sheet may result in the rejection of the bid. 7.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder before submitting a Bid, to: a. examine the Contract Documents thoroughly, b. visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c. consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d. study and carefully correlate Bidder's observations with the Contract Documents, and e. notify Owner's Representative of all conflicts, errors or discrepancies in the Contract Documents. f. visit with local utilities, including cable companies, and other entities that may have underground or above-ground infrastructure in the work area for infrastructure location. B. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data from the Owner's files for its underground facilities and information and data furnished by owners of other underground facilities. Owner does not assume responsibility for the accuracy or completeness thereof. C. Before submitting a Bid each Bidder will be responsible to make or obtain such explorations, at bidders expense and not to be added into cost of bid if accepted (tests and data concerning physical conditions - surface, subsurface and underground facilities - at or contiguous to the site, or otherwise) which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. D. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. ITB 16-097 2016 CDBG Sidewalk Project Page 9 E. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or disposal of spoil are to be provide by Contractor. Contractor is responsible for obtaining all permits required for any of the before mentioned purposes prior to beginning work in accordance with the Standard Form Of Agreement, paragraph 35 Permits and Licenses. F. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No pleas of ignorance of conditions that may be encountered in their execution of the Work under this contract, that is a result of failure to make the necessary examinations and investigations herein above indicated, will be accepted as an excuse for the failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents. In no event shall a claim for extra compensation or for an extension of time be allowed for failure to thoroughly examine all requirements of Contract Documents. 8.0 INTERPRETATIONS and ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the City Purchasing Department. Interpretations or clarification considered necessary by Owner's Representative in response to such questions will be issued by Addenda and mailed or otherwise delivered to all parties recorded by Owner's Representative as having received the Bidding Documents. Questions received less than 48 hours prior to opening of Bids will not be answered. Only questions answered by a formal written Addenda will be binding. No oral and other interpretations or clarification will be considered official or binding. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City. To properly qualify his bid, each Bidder shall, prior to filing his Bid, check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the Proposal Form or on a separate attachment to the bid. Bids without such acknowledgment of all issued Addenda and letters of clarification may cause your bid to be considered non-responsive. Such Addenda and letters of clarification shall become a part of the executed contract and modify the contract documents accordingly. 9.0 BID SECURITY Bidders must submit with their Bids a Cashier's Check or a Certified Check in the amount of five (5%) percent of the maximum amount of Bid payable without recourse to the City of College Station, Texas, or a bid bond in the same amount from a surety company holding permit from the State of Texas to act as a surety, as a guarantee that Bidder will enter into a contract and execute bond and guarantee forms within fifteen (15) days after notice of award of contract. Bids without checks, as stated above, or acceptable bid bond may not be considered. ITB 16-097 2016 CDBG Sidewalk Project Page 10 Bid Security shall be in effect from the opening of the Bid and will be retained until a Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. A Bidder may withdraw its Bid at any time until the Agreement is signed. However, it will forfeit its Bid Security in doing so if no material mistake was made in the Bid. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until 5 days after the Agreement is executed whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 10.0 CONTRACT TIME The times for Substantial Completion and Final Completion are set forth in the Special Provisions and will be included in the Agreement. It will be necessary for the Successful Bidder to satisfy City of Bidder's ability to achieve Substantial Completion and Final Completion within the times designated in the Special Provisions. 11.0 LIQUIDATED DAMAGES TIME IS OF THE ESSENCE IN THIS CONTRACT. Failure to meet Substantial or Final Completion dates will result in damages to the city in an amount specified in City's Standard Form of Agreement, Item 23. 12.0 SUBSTITUTE OR "OR EQUAL" ITEMS The materials and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Owner's Representative at least seventy-two (72) hours prior to the date for receipt of Bids or until after the contract for the work has been signed. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner's Representative's decision of approval or disapproval of a proposed substitution shall be final. If Owner's Representative approves any proposed substitution before the date for receipt of bids, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 13.0 BID FORM The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Purchasing Department, City of College Station, 1101 Texas Avenue, College Station, Texas 77840. ITB 16-097 2016 CDBG Sidewalk Project Page 11 All blanks on the Bid Form must be completed in ink or by typewriter. Unfilled blanks may result in the bid being disqualified. Bids by corporations must be executed in the corporate name by the corporate officer authorized to sign for the corporation, accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and accompanied by evidence of authority to sign. The fiscal address of the partnership must be shown below the signature. All names must be typed or printed below the signature. The Bid shall contain an acknowledgment of receipt of all Addenda. The numbers and dates of which must be filled in on the Bid Form or on a separate attachment to the Bid. The address and telephone number(s) for communication regarding the Bid must be shown. All of the data on the GENERAL/SUB-CONTRACTORS EXPERIENCE AND DATA INFORMATION sheet must be completely filled in. 14.0 SUBMISSION OF BIDS A Bid shall be submitted at the time and place indicated in the Advertisement. It shall be enclosed in an opaque sealed envelope, marked with the project title, name and address of the Bidder. The Bid shall be accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Each Bidder should, prior to filing his Bid check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the outside of the envelope containing his Bid proposal. 15.0 MODIFICATION AND WITHDRAWAL OF BIDS Bids may be modified or withdrawn by an appropriate document duly executed, in the described manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If prior to the award of the contract by the City Council, any Bidder files a duly signed, written notice with Owner's Representative and promptly thereafter demonstrates to the reasonable satisfaction of Owner's Representative that there was a material mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 16.0 OPENING OF BIDS Properly prepared Bids will be opened publicly and read aloud. A summary of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. A tabulation of the Bids which are read will be available upon request as soon as it has been assembled and verified. Bids received after the specified time of the opening will be returned unopened. ITB 16-097 2016 CDBG Sidewalk Project Page 12 17.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance, for 90 days after the date of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date. 18.0 AWARD OF CONTRACT Owner reserves the right to reject any and all Bids, to waive any and all informalities and irregularities not involving price, time or changes in the Work and to disregard all non- conforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, time of construction, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 90 days after the day of the Bid opening. Bid prices may be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Standard Form of Agreement for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in City's Standard Form of Agreement, Item 23. 19.0 CONTRACT SECURITY Paragraph 28 BOND PROVISIONS of the Standard Form of Agreement set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the ITB 16-097 2016 CDBG Sidewalk Project Page 13 executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 20.0 SIGNING OF AGREEMENT The Successful Bidder shall execute the Contract and provide proof of insurance as detailed in the Standard Form of Agreement based on Staff recommendation prior to Council action. Within 15 days of Council approval, all required Bonds shall be delivered to Owner. A fully executed contract will be presented to Successful Bidder with a City of College Station Purchase Order. 21.0 PERSONAL INTEREST College Station City Charter Article XII: General Provision; Section 116. Members of the City Council and officers and employees of the City shall comply with state law pertaining to conflicts of interest of local government officials, including TEXAS LOCAL GOVERNMENT CODE, Chapter 171. 22.0 DISCLOSURE OF INTERESTED PARTIES Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the City Council before the contract may be signed; or (2) has a value of at least $1 million. The law provides that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity or state agency. For purposes of this section, the following definitions apply: “Interested party” means a person who has a controlling interest in a business entity with whom the City contracts or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker intermediary, advisor, or attorney for the business entity. "Controlling interest" means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. "Intermediary," means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who: 1. Receives compensation from the business entity for the person's participation; 2. Communicates directly with the City on behalf of the business entity regarding the contract; and 3. Is not an employee of the business entity. ITB 16-097 2016 CDBG Sidewalk Project Page 14 The process as implemented by the Texas Ethics Commission (“TEC”) is as follows: 1. The disclosure of interested parties must be performed using the Texas Ethics Commission’s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the City. 2. The copy of Form 1295 submitted to the City must be notarized and contain the unique certification number from the TEC. The form must be filed with the City pursuant to §2252.908 Texas Government Code, “at the time the business entity submits the signed contract” to the City. The City, in turn, will submit a copy of the disclosure form to the TEC not later than the 30th day after the date the City receives the disclosure of interested parties from the business entity. ****************************************************************************** Report Fraudulent Activity The City of College Station is committed to deterring fraud and maintaining integrity throughout our organization. Our City Auditor’s Office has established a Fraud Hotline to anonymously report what is believed to be unethical behavior by calling (877) 874-8416 or by submitting a report online at www.cstx.alertline.com . The City of College Station’s Fraud Hotline extends only to City of College Station municipal government programs or operations. Any activity involving private business or other non-municipal governmental agencies should be reported to the appropriate authorities. ****************************************************************************** ITB 16-097 2016 CDBG Sidewalk Project Page 15 CONTRACTOR'S PROPOSAL ITB 16-097 2016 CDBG Sidewalk Project Page 16 ·- City of College Station 2016 CDBG Sidewalk Project Bid Proposal Sheet BASE BID '•" '·· Cross St. Item Description Unit No. l Mobilization, Bonds, and Insurance EA 2 Provide Temporary Traffic Control EA 3 Install Concrete Sidewalk (4" Thickness) SY 4 Install Dowels for Connection to Existing Sidewalk EA 5 Install Bermuda Grass Sod Including Watering SY 6 Provide Site Grading and Cleanup Including Top Soil Replacement EA Quantity Unit Price l 2(X)d 1 fLOOd 228 h3 2 <S'o 206 l-5' I 5.~ Cross Street Construction Cost Subt~ ' ., - Eisenhower St. Item Description Unit Quantity Unit Price No. 1 Mobilization, Bonds, and Insurance EA l ::<100 2 Provide Temporary Traffic Control EA I ,;J:S-CJcJ 3 Remove Existing Concrete (curb & gutter) LF 38 leJ 4 Remove Existing Concrete (all flatwork) SY 60 :;7 5 Install Concrete Sidewalk (4" thickness) SY 267 4 .5 6 Install Concrete Driveway Pavement (4" thickness) SY 20 c;n 7 Install Concrete Commercial Driveway Pavement w/ Monolithic Curb (6" SY 39 60 thickness\ 8 Install Ambulatory Ramp (all types) EA 6 f;)cfh 9 Install Dowels for Connection to Existing Sidewalk EA 2 -~ 10 Adjust Water Valve Box Flush to New Pavement EA 4 /-)"() 11 Relocate signs/obstructions EA l ~IJ - 12 Install TXDOT Type Cl Curb LF 56 , S--L) 13 Provide Tree Protection and Root Pruning by Licensed Arborist EA 3 ~ 14 Install Bermuda Grass Sod Including Watering SY 225 15' 15 Provide Site Grading and Cleanup Including Top Soil Replacement EA 1 JitJtlJ Eisenhower Street Construction Cost Subtotal ITB 16-0972016 CDBG Sidewalk Project -.·-·,_ Extension fl.CJcXJ~ ~ooe- l'-h 31A- ::Jot] ..-- ~ J)t10 ,# I' 5,,00CJ - ~155-1- Extension 3/GJGJ '~ o<. :;,-oiJ ,... -~·l'"' / I /)::YY'" I /:J,/J 1:s- I r;rv; ,_ :; 3-<1-tJ ,,--, /, _"7 /,?() .--. ,, /{)() .- {oto,.. ,:i/71') - .-2R/n ~ 1sw- 33 -75- Ji {JaJ ~ A/:J I l1/J ·- f Page 17 .... .· :.•• '" . ... ·····-... , •. Live Oak St. Item Description Unit Quantity Unit Price Extension No. l Mobilization, Bonds, and Insurance EA l C)J/YJ ~ 5/a:J~ 2 Provide Temporary Traffic Control EA l -, :J.Q;J/) /J . .arr1 ... 3 Install Storm Water Pollution Prevention Elements EA 1 fl/JIYJ,... ~cw- 4 Remove Existing Concrete (curb & gutter) LF 113 //) I I 1>n,.. 5 Remove Existing Concrete (all flatwork) SY 168 !97 ijs~-- 6 Install Concrete Sidewalk (4" thickness) SY 363 -4~ J-f -{-~- 7 Install Concrete Commercial Driveway Pavement w/ Monolithic Curb (6" SY 149 !t,o -~t q<j.{) ~ Thickness) 8 Install Ambulatory Ramp (all types) EA 9 /_:)ff)·• I (), {JyyJ .~ , 9 Install Dowels for Connection to Existing Sidewalk EA 2 JC.{J .~O() - 10 Remove and reconstruct existing 6' curb inlet EA l <tYJ 500·· 11 Adjust Water Valve/Meter Box Flush to New Pavement EA 2 /5() ~f)- 12 Install TXDOT Type Cl Curb LF 60 So . !:?IJ/JfJ - 13 Install Concrete Curb and Gutter (B/CS Detail ST 1-01) LF 16 :J/J ~G>- 14 Provide Tree Protection and Root Pruning by Licensed Arborist EA 5 c:iM Asa?· 15 Install Bermuda Grass Sod Including Watering SY 260 1:5 5;'1m - 16 Provide Site Grading and Cleanup Including Top Soil Replacement EA l 6tJaJ 5;000 Live Oak Street Construction Cost Subtotal /#.· ?'; <jS"CJ .,, ., h· ,. Bid Proposal Summary (Base Bid) Cross St. Subtotal Eisenhower Street Subtotal Live Oak Street Subtotal Total Construction Cost (Base Bid) Total number of calendar days to substational completion ___ 9_0_d_a_._y_s __ _ Number of Addenda is hereby asknowledged ___ V=------ ITB 16-097 2016 CDBG Sidewalk Project Page 18 ALTERNATE BID ·"· San Saba Dr. Item Description Unit Quantity Unit Price Extension No. l Mobilization, Bonds, and Insurance EA l e!(;YYJ 5ZJaJ " 2 Provide Temporary Traffic Control EA 1 ~/YJi ,;}. /) (!Jt) <'" 3 Remove Existing Concrete (all flatwork) SY 349 /;)_ 7 C£LQ~~ ,# /, ~ 4 Install Concrete Sidewalk (4" Thickness) SY 429 ~a, Dl/J/5f;;;- 5 Install Concrete Driveway Pavement (4" Thickness) SY 349 5tJ 11 ~?J. , 6 Install Dowels for Connection to Existing Sidewalk EA 2 :57J /CJO' 7 Remove Trees EA 2 ,~tJ() .//()tJ ,- 8 Adjust Water Valve Box Flush to New Pavement E A 9 /9J I, q~(}- 9 Provide Tree Protection and Root Pruning by Licensed Arborist EA l ~a> ?aJ ' 10 Install Bennuda Grass Sod Including Watering SY 228 Is ~. 2/,-0/,l ... , 11 Provide Site Grading and Cleanup Including Top Soil Replacement EA 1 5!){,0 G;tJtJ~~ 12 Irrigation Repair/Relocation Allowance LS I /[}tl) I gCJcJ ~ San Saba Drive Construction Cost Subtotal /j/J,,!)3S ' ·" ,,, ... ,.. '""· ';' ·~ '" -~· " .. . "' Bid Proposal Summary (Alternate Bid) JTB 16-097 2016 CDBG Sidewalk Project Page 19 CONTRACTOR DATA SHEET ITB 16-097 2016 CDBG Sidewalk Project Page 20 GENERAL/SUB-CONTRACTOR'S EXPERIENCE AND DATA INFORMATION NameofCompany: Thto1tAR:t"S CcAj~T J Tue , Company Years in Business: 3 -S Y EA:::Ls List Municipal Projects (Similar Projects in Size and Scope Completed in Last Five Years) Project $Amount Type Superintendent & Project Manager Information Date Include Superintendent proposed for the project, years of experience as superintendent, project manager proposed for the project, and years experience as project manager Superintendent Years Experience Projects 1= A-Botle Years Experience Projects !TB 16-097 2016 CDBG Sidewalk Project Page 21 References: Name 5 projects of similar work, giving owner's name, representative's name, project engineers name, and telephone numbers for each 1 · Gr11tl>AM J l~ 0Jpm41 I< :Jh-1 Pt2 olfz2" t1 Bfr 2 · .5A1'-/ Hu.Ard// /!, ~ra ~ t!lfJlit=-t 3· c l -s·D ---N ·uu Gft1JS -:xt000 UJ e: L6t+ C .s: ·rt1?f310 I 5 · w~ tt?CO D ·yf;f~ 3cX> g. :z;t AilG !TB 16-0972016 CDBG Sidewalk Project ~~~qi;AVOY &~~6 F 2J"".+r-1tJ6f;7/f tf 7~ ·-?& y. 3-?~--:S Grr y ~ 1--d /11/ l~tli t.i Q #./61 ;u~-,e_ ? &co i/wY Ls= s /./uvpu , 11 e: . z;k ·z 7 3-1-o I 9 1&··99'/-9 ,-Zdke ~6,fg 2/-\-t-1/(f=L tl7t'l >/{cf~' Sh ~ B '' 3 Ye CoA:JTf ArT" a J/?VS /2<Y5~L~ 972.~ 3d:? · :1PJ7ft. C!_rry oJ:; ·13~YA'¥ B/411(!~5 6119-3@/-'3b// Page 22 CERTIFICATION ITB 16-097 2016 CDBG Sidewalk Project Page 23 CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Additionally, the undersigned affirms that the firm is willing to sign the enclosed Standard Form of Agreement (if applicable).~ ~ . _ . . . _ SignedBy:~(, ~CL-4!5 Title: Vice:-ffesif>EYI Typed Nam s;_ ~e., 1i/,617)4 le:s Company Name:&1'/ftff:s Qi.(}JT;j 7NC . Phone No.: q1l/-£]_;;;;). -_5C/_5Cf Fax No.: Email: 171/oma con e.:; qn'lli /,. r~ BidAddress: 4o~ F?De/J fug P.O. Box or Street Order Address: '15'RYM TY. City State ·-z:Z~CJ3 Zip --------------------------P.O. Box or Street Remit Address: '4-62. £J>EU W P.O. Box or Street Federal Tax ID No.: ?L/ -;l d._ 7 D 3 3 4- DUNS No.: /0 ._ 3 8 ~ -r'.2 / 7 ·3 Date: A .l-l C7 J "'"SI '3 / , /;) (J / <.r~ END OF BID #16-097 !TB I 6-097 2016 CDBG Sidewalk Project State Zip ·TV ·nf3:13 State Zip Page 24 SECTION 3 BID REQUIREMENTS PACKET CITY OF COLLEGE STATION INTRODUCTION The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3), as amended by the Housing and Community Development Act of 1994, requires that, to the greatest extent feasible, employment and other economic opportunities generated by HUD funds be directed to low- and very low-income residents. 24 CFR Part 135 establishes the standards and procedure to be followed in order to ensure that the requirements of Section 3 are met. Section 3 requirements apply to all recipients of HUD Community Planning and Development funding exceeding $200,000. Section 3 covered projects are those in which a combined (or aggregate) amount of covered funding exceeding $200,000, is invested into activities involving housing construction, demolition, rehabilitation, or other public construction – i.e. roads, sewers, community center, etc. Contractors or subcontractors that receive contracts in excess of $100,000 for Section 3 covered projects/activities are required to comply with Section 3 regulations in the same manner as direct recipients. Section 3 covered contracts do not include contracts for purchase of supplies and materials unless the contract includes the installation of the materials. A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence that the business concern qualifies as a Section 3 Business concern. (Refer to What is a Section 3 Business Concern?). The Section 3 Business must also be able to demonstrate its ability to complete the contract. The ability to perform successfully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 85.36, 24 CFR 85.36b(8). Contractors who do not qualify as Section 3 Business concerns, but who enter into contracts with the City of College Station must agree to comply with certain general conditions (refer to Section 3 Clause). All contractors and subcontractors, including Section 3 Businesses, must comply with these general conditions. Included in these conditions is the requirement the Contractor complete a Section 3 Opportunities Plan and that each contractor and subcontractor submit with each pay request a report of Section 3 compliance (refer to Section 3 Compliance The objective of community development programming for the City of College Station is to benefit low- and moderate-income residents by: encouraging the expansion and accessibility of human services; expanding and improving public facilities and infrastructure where needed; expanding economic opportunities in the community; supporting City programs and non-profit and for-profit partners to provide an adequate supply of decent, safe, and affordable housing. ITB 16-097 2016 CDBG Sidewalk Project Page 25 Report). Failure to comply with these general conditions may lead to sanctions which can include termination of the contract for default and suspension or debarment from future HUD- assisted contracts (refer to Sanctions for Contractors Noncompliance). Please direct any questions you may have regarding this information to: Debbie Eller, Community Development Manager Planning & Development Services Department City of College Station 979-764-3771 or deller@cstx.gov WHO IS A SECTION 3 RESIDENT? For purposes of the City of College Station (CoCS), a Section 3 Resident is: • A public housing resident. • A resident who currently maintains a voucher for housing assistance. • An individual who lives within the CS-B MSA and whose income falls within the guidelines for low- or very low-income. NOTE: A resident seeking to qualify as a Section 3 Resident shall certify and submit evidence that the resident meets one of the guidelines stated above. (Refer to Section 3 Resident Certification Form - Exhibit 1) WHAT IS A SECTION 3 BUSINESS CONCERN? A Section 3 Business Concern is a business concern, as defined in this section – • That is fifty-one percent (51%) or more owned by Section 3 residents, or • Whose permanent, full time employees include persons, at least 30% of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or • That provides evidence of a commitment to subcontract in excess of twenty-five percent (25%) of the dollar award for all subcontracts to be awarded to business concerns that meet the qualifications set forth in items (1) and (2) above. NOTE: A business concern seeking to qualify for Section 3 shall certify and submit evidence that the business meets one of the guidelines stated above. (Refer to Certification for Business Concerns Seeking Section 3 Preferences in Contracting and Demonstration of Capability Form- Exhibit 2). To assist in the determination to certify as a Section 3 Business Concern, please refer to the Section 3 Certification Worksheet - Exhibit 3. ITB 16-097 2016 CDBG Sidewalk Project Page 26 WHAT IF MY BUSINESS DOES NOT QUALIFY AS A SECTION 3 BUSINESS? The City of College Station will, to the greatest extent feasible, offer contracting opportunities to Section 3 Business concerns. However, in the event of no Section 3 Business bids on a contract, or bids but is not able to demonstrate to the City of College Station’s satisfaction that it has the ability to perform successfully under the terms and conditions of the proposed contract, then that contract will be awarded to a non-Section 3 business concern that can meet the terms and conditions, including Section 3, of the proposed contract through the competitive bidding process. WHO RECEIVES ECONOMIC OPPORTUNTIES UNDER SECTION 3? For training and employment: • Persons in public and assisted housing; • Persons residing in the area where the HUD financial assistance is expended; and • Participants in HUD Youth-build programs. For contracting: • Businesses which fit the definition of a Section 3 business in 24 CFR 135.5. • For Developers, contractors, and subcontractors seeking contracting preferences as a Section 3 business concern, the CoCS will certify these businesses as Section 3 business concerns. ORDER OF PROVIDING PREFERENCE EMPLOYMENT OF SECTION 3 RESIDENT Recipients, contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated from the expenditure of Section 3 covered assistance to Section 3 residents in the following order of priority: • Category 1- Section 3 Resident - Residents of the neighborhood or surrounding area in which the contract will be expended. • Category 2- Section 3 Resident - Residents of other areas within the College Station- Bryan area. • Category 3- Section 3 Resident - Participants in HUD Youthbuild program being carried out. • Category 4- Section 3 Resident - All other residents (including Section 8 recipients) of the College Station-Bryan MSA who meet the income guidelines for Section 3 preference (refer to Section 3 Income Limits). ITB 16-097 2016 CDBG Sidewalk Project Page 27 In all cases, applicants must meet the minimum qualifications for the position. In no instance shall it be construed that preference is given to Section 3 residents who do not meet these minimum qualifications. HOW TO COMPLY WITH SECTION 3 Contractors and subcontractors are required to fulfill Section 3 requirements. To the greatest extent feasible, attempt to either: • Employ or train Section 3 residents. • Award ten percent (10%) of the total dollar amount of the contract for building trades work and three percent (3%) of other contracts to certified Section 3 business concerns. All contractors responding to this bid must submit a completed Contractor Section 3 Certification Form – Exhibit 5. SECTION 3 OPPORTUNITIES PLAN A Section 3 Opportunities Plan (SOP) from the contractor and subcontractors must be submitted to the COCS Community Development Division and approved immediately following the notice of award of the contract and prior to the start of construction. The SOP can be amended at any time after approval if necessary to ensure compliance. Contractors and subcontractors must maintain documentation of activities and outreach attempts. A sample SOP can be found as Exhibit 4. Contractors and subcontractors must submit monthly reports regarding their Section 3 activities. The forms required for reporting are found in the SOP. A final, cumulative Section 3 report is required to be submitted within 5 days of project completion. All reports will be submitted to the CoCS Section 3 Compliance staff. SECTION 3 CLAUSE AS PER 24 CFR 135.38, All Section 3 covered contracts and subcontracts must include a Section 3 Clause. This clause can be found as Exhibit 6. NOTICE OF COMMITMENT A Notice of Commitment to comply with Section 3 must be posted on the worksite when you start your Section 3 Plan. The required notice can be found as Exhibit 7. MONITORING AND ENFORCEMENT AUTHORITY AND RESPONSIBILITY CoCS will monitor all Section 3 contractors and subcontractors. Monitoring will include review of SOP, selected contracts, payrolls and other supportive documentation. Additionally, CoCS ITB 16-097 2016 CDBG Sidewalk Project Page 28 may conduct on-site interviews of workers, contractors and subcontractors. The function of compliance of Section 3 will be carried out by the Section 3 Coordinator, as specified in the Contractor Section 3 Compliance Certification form submitted with the bid. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITIES Each contractor and subcontractor is required to comply with the requirements of Section 3 for new employment, training, or contracting opportunities resulting from the expenditure of covered funding. This responsibility includes: Implementing procedures to notify Section 3 resident and business concerns about training, employment, and contracting opportunities generated by Section 3 covered assistance; • Notifying potential contractors and subcontractors working on Section 3 covered projects of their responsibilities; • Incorporating the Section 3 Clause into all covered solicitations and contracts (see 24 CFR Part 135.38); • Facilitation of the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns; • Assisting and actively cooperating with the City to ensure compliance by: O Completing a Section 3 Opportunities Plan; O Submitting regular reports including information on new hires, trainees, and award of contracts and subcontracts: O Refraining from entering into contracts with contractors/subcontractors that are in violation of Section 3 regulations; O Documenting actions taken to comply with Section 3; and O If notified of non-compliance, correcting non-compliance within allowable time period. SECTION 3 SPECIAL CONDITIONS The City of College Station has initiated efforts to enhance resident hiring in the Bryan College Station Metropolitan Statistical Area (MSA). These initiatives are designed to set the requirements for resident hiring and developing and/or strengthening administrative procedures for facilitating contractor’s hiring of College Station residents, other low income and/or very low income residents residing in the City of College Station. PROCUREMENT DOCUMENTS Each bidder/proposer must submit the Contractor Section 3 Compliance Certification with their bid. If a bidder/proposer fails to submit a Contractor Section 3 Compliance Certification such ITB 16-097 2016 CDBG Sidewalk Project Page 29 bid/proposal will be declared as “non-responsive”. For invitations for Bids (“IFB”) where awards are made to the lowest, responsive and responsible bidder, the bidder’s commitment to satisfy College Station resident hiring requirements will be a factor used in determining whether the bidder is “responsive”. For RFQ’s, RFP’s and IFB’s, contractors shall be required to detail the cost of the bid or proposal by separately categorizing contract cost labor (person hours and dollar amounts). ENFORCEMENT The CoCS will monitor contractor compliance over the life of the contract as follows: • Review compliance monthly and cumulatively • Monitor contractor response to deficiencies in compliance The contractor shall provide a status report identifying its progress in meeting the Section 3 goals, as established, on a monthly basis throughout the contract period. The monthly status report shall be submitted no later than 15 days after the end of each calendar month of the contract (i.e. April 15 for March). For any goal not met, the report shall identify any other economic opportunities which the contractor has provided or intends to provide to CoCS residents. This report will provide the CoCS with all information required to monitor compliance with its Section 3 plan including, but not limited to, new hires, core employees, certified payroll, workforce utilization and other relevant data to be specified. SECTION 3 COMPLAINTS Section 3 residents, businesses or their representatives may file a complaint, in writing, with the local HUD field office. Complaints must be received no later than 180 days from the date of action or omission. If more information is needed, HUD staff shall request it from the person making the complaint. If requested information is not provided within 60 days, the complaint may be closed. A determination is made regarding the legitimacy of the complaint within 10 days. If the complaint is determined to be legitimate, the recipient/grantee has 60 days to resolve the issue. If the complaint is not resolved after 60 days, the complaint may be referred to the office of the Assistant Secretary for Fair Housing and Equal Opportunity. Written complaints should contain the following information: • Name and address of complainant • Name and address of subject of complaint • Description of acts or omissions in alleged violation of Section 3 requirements • Statement of corrective action sought ITB 16-097 2016 CDBG Sidewalk Project Page 30 Exhibit 1 CITY OF COLLEGE STATION SECTION 3 RESIDENT CERTIFICATION FORM Eligibility for Preference A Section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.) Exhibit 2 Certification for Resident Seeking Section 3 Preference in Training and Employment I, ________________________, am a legal resident of the College Station–Bryan area and meet the income eligibility guidelines for a low- or very low-income person as published below. My permanent address is __________________________________ City________________________________ Zip __________________ Employment Skills ________________________________________________________________________________________________ I have attached the following documentation as evidence of my status: __ Copy of lease __ Copy of receipt of public assistance or public housing asssistance __ Other evidence (i.e. household income) 2016 Median Income Limits Please circle the number of family members in the family and indicate that the household income is equal to or less than 80% of the area median income listed for the household size. Calculation of Family Income should include: gross wages and salaries, social security income, pensions, child support, Temporary Assistance for Needy Families (TANF)/food stamps, and any other source of income. This chart is based on annual income. # of Persons in Family 80% of the Area Median Income ________________________________________________________________________________________________________________ 1 $33,000 2 $37,700 3 $42,400 4 $47,100 5 $50,900 6 $54,650 7 $58,450 8 $62,200 To comply with requirement of funding sources, the resident is required to give us information on income and family size in order to qualify as a Section 3 Resident. You must provide a self-certification that the information you provide is true to the best of your knowledge. Additionally, if asked, you will need to verify income and understand that you may be asked to do this. All information is kept confidential for records keeping and reporting requirements. No information will be released without the written consent of the individual. “I certify that all information provided on this application is true to the best of my knowledge. I also understand that, if asked, I will provide verification of income.” _______________________________ _____________________________ ___________________________ Printed Name Signature Date ITB 16-097 2016 CDBG Sidewalk Project Page 31 Exhibit 2 CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 Business Name: Business Type: Mailing Address: Contact Name: Telephone Number: Email: I claim status as a Section 3 Business as the type indicated below: This is a self certification process however the documentation listed by each type should be stored as evidence of status and available for review. _____ Type 1: Section 3 resident-owned enterprise (51% or more of owners are Section 3 residents): ____ Copy of resident lease ____ Copy of receipt of public assistance ____ Copy of evidence of participation ____ Other evidence in a public assistance program _____ Type 2: At least 30 percent (30%) of employees (permanent, full-time) are currently Section 3 residents or were Section 3 eligible residents within 3 years to date of first employment with the business: __ List of all current full-time employees __ List of employees claiming Section 3 status __ PHA/IHA Residential lease less __ Other evidence of Section 3 status less than than 3 years from day of employment 3 years from date of employment _____ Type 3: Business subcontracts 25 percent of the dollar awarded to qualified Section 3 businesses: ___ List of subcontracted Section 3 business(es) and subcontract amount Additional documentation: ____ Copy of Articles of Incorporation ____ Certificate of Good Standing ____ Assumed Business Name Certificate ____ Partnership Agreement ____ List of owners/stockholders and % ____ Corporation Annual Report ownership of each ____ Latest Board minutes appointing officers ____ Organization chart with names and ____ Additional documentation titles and a brief Function Statement You must provide a self-certification that the information you provide is true to the best of your knowledge. Additionally, if asked, you will need to verify certification and understand that you may be asked to do this. All information is kept confidential for records keeping and reporting requirements. No information will be released without the written consent of the individual. “I certify that all information provided on this application is true to the best of my knowledge. I also understand that, if asked, I will provide verification of Certification.” ___________________________ _________________________ ___________________ Authorized Printed Name Signature Date ITB 16-097 2016 CDBG Sidewalk Project Page 32 Exhibit 3 SECTION 3 BUSINESS CERTIFICATION WORKSHEET Does Your Firm Meet The Definition of a Section 3 Business? If you answer yes to any of the questions below, your firm is considered a Section 3 Business! 1. Is 51% of Your Business Owned By Section 3 Residents*? a. Total Number of Business Owners: b. Number of Business Owners That Meet the Definition of a Section 3 Resident: Percentage: 2. Does 30% of Your Current Full-Time Staff Meet the Definition of a Section 3 Resident? a. Total Number of Full-Time Employees: b. Number of Full-Time Employees That Currently Meet the Definition of a Section 3 Resident: c. Number of Full-Time Employees That May Have Met the Definition of a Section 3 Resident Within The Last 3 years: Percentage: 3. Does Your Business have Evidence of Firm Commitment(s)** to Provide 25% of the Total Dollar Amount of Subcontracts to Section 3 Businesses? a. Total Dollar Amount of Subcontracts To Be Awarded With HUD Funds: b. Total Dollar Amount of HUD-Funded Subcontracts To Be Awarded To Section 3 Businesses: Percentage: Based on the responses above, your business qualifies for Section 3 certification YES/NO *Section 3 Residents are: 1) Public Housing residents or recipients of Housing Choice (Section 8) Vouchers or 2) Low- or Very Low-Income Persons that reside within the metropolitan area or non- metropolitan county of the project site. **Acceptable evidence of firm commitment would include a binding letter to specific existing Section 3 firms conditioned upon the award of contract. ITB 16-097 2016 CDBG Sidewalk Project Page 33 Exhibit 4 INSTRUCTIONS FOR COMPLETEING THE SECTION 3 OPPORTUNITES PLAN (CONSTRUCTION & PROFESSINAL CONTRACTS) The purpose of Section 3 is to ensure that jobs and economic opportunities generated by HUD financial assistance for housing and community development programs shall be directed towards low and very low income persons, particularly those who are recipients of government assistance for housing and business concerns which provide economic opportunities to low and very low income person. The Section 3 Opportunities Plan is to be completed for construction and professional contracts. There are four ways in which Section 3 can be fulfilled. They are listed in order of preference: • Contracting company is owned by 51% or more certified Section 3 Residents. • Subcontract or joint venture with a resident owned business. The business must be 51% or more owned by low- and very low-income individuals, or subcontractor/joint venture with a business that employs full-time 30% or more low- and very low-income individuals within the City of College Station MSA, or • Direct hiring and employment of at least 30% of low- or very low-income neighborhood residents, or • Incur the cost of providing skilled training for residents in an amount commensurate with the sliding scale set forth. Such training shall be determined after consultation with the Section 3 Coordinator of the City of College Station. If a prime contractor is unable to satisfy College Station resident hiring requirements per the above, the requirements may be satisfied through any subcontractors that may be involved in the project. Part 1: Opportunities Plan Option 1: Indicate that contracting company is owned by 51% or more certified Section 3 Residents. Option 2: Indicate if the (sub) contractor has identified a resident owned business or a business which employs 30% or more Section 3 Residents. This paragraph is to be completed by indicating the number of resident owned businesses that will be used on the project shown at the end of the paragraph. ITB 16-097 2016 CDBG Sidewalk Project Page 34 Option 3: Indicate if the (sub)contractor plans to hire Section 3 Residents to work for its company, paragraph 2 must be completed with the contract/spec number and the percentage of compliance in hiring the residents. For example, if your contract amount is $100,000, the Section 3 dollar amount that must be expended is 10% of your labor dollars or $10,000. If the whole amount is to be expended on the resident's salary, then 100% is to be inserted on the percent line. If a percentage amount less than 100% will be expended on the resident’s salary, that amount must be inserted on the line and the remaining percentage must be expended through subcontracting/joint venturing with a resident owned business or a business that employs 30% or more residents, in which case, the corresponding paragraph must be completed. Part 2: Subcontracting Survey This part of the Opportunities Plan will include information on anticipated subcontracts indicating how the Section 3 goals will be met. 1) Indicate the Project Name 2) Indicate the Contract Number 3) Indicate the Total Contract Amount 4) Indicate all types of subcontracts to be awarded (anticipated) 5) Indicate the total number of subcontracts to be awarded (anticipated) 6) Indicate the total dollar amount of subcontracts to be awarded (anticipated) 7) Indicate the total number of subcontracts to be awarded to Section 3 Business Concerns (anticipated) 8) Indicate the total dollar amount of subcontracts to be awarded to Section 3 Business Concerns (anticipated) Part 3: Labor Survey This part of the Opportunities Plan will include current employees and information on anticipated new hires indicating how the Section 3 goals will be met. 1) Indicate the Project Name 2) Indicate the Contract Number 3) Indicate all job titles that will be needed to complete this project 4) Include the total number of positions needed to complete this project 5a) Indicate the number of positions that are currently filled (at time of bid/proposal submission) 5b) Indicate the number of positions that are currently filled with certified Section 3 Residents 6a) Indicate the number of positions that will need to be filled to complete this project 6b) Indicate the number of positions that will be filled with certified Section 3 Residents ITB 16-097 2016 CDBG Sidewalk Project Page 35 Part 4: Efforts to Comply with Section 3 Hiring and Contracting Goals Narrative Please describe in a narrative the efforts you plan to make or have already made in order to comply with Section 3 Hiring and Contracting goals. A bulleted list of voluntary efforts that will be undertaken should be included. Section 3 Compliance Activity Reporting - Part 5, Part 6 and Part 7 include reports that must be submitted on a monthly basis. A final cumulative report must be submitted within 5 days of project completion. Part 5: Subcontracting Report (Monthly and Cumulative Final) This report is to be completed after the subcontracts have been awarded. This list is to be included with the monthly Section 3 report and a final cumulative report that must be submitted within 5 days of project completion. 1) Indicate the Project Name 2) Indicate the Contract Number 3) Indicate the Total Contract Amount 4) Indicate the Reporting Period 5) Indicate all types of subcontracts to be awarded (actual) 6) Indicate the total number of subcontracts to be awarded (actual) 7) Indicate the total dollar amount of subcontracts to be awarded (actual) 8) Indicate the total number of subcontracts to be awarded to Section 3 Business Concerns (actual) 9) Indicate the total dollar amount of subcontracts to be awarded to Section 3 Business Concerns (actual) Part 6: Resident List – Hiring Report (Monthly and Cumulative Final) This report is to be completed after the contract has been awarded; interviews have taken place and residents have been hired. This list is to be included with the monthly Section 3 report and a final cumulative report that must be submitted within 5 days of project completion. 1) Indicate the project name 2) Indicate the contract number 3) Indicate the reporting period 4) Indicate the job title 5) Indicate the Section 3 new hire’s name ITB 16-097 2016 CDBG Sidewalk Project Page 36 6) Indicate the new hire’s address including street, city and zip code. 7) Include the employee’s identification number (this can be the last 4 numbers of social security or an assigned number) 8) Indicate what business hired this employee Part 7: Actual Efforts Completed to Comply with Section 3 Hiring and Contracting Goals Narrative Please describe in a narrative the ACTUAL efforts you completed in order to comply with Section 3 Hiring and Contracting goals. A bulleted list of all efforts should be included. Part 8: Acknowledgment The final Section 3 Opportunities Plan must be signed and include the title of the person executing the plan. The Section 3 Opportunities Plan must be completed immediately upon notice of award and submitted to the Section 3 Coordinator prior to final execution of the contract. The Section 3 Compliance staff with the City of College Station can provide assistance in completing this plan. Section 3 Best Practices & Techniques for Section 3 Compliance: 1) Advertisement of opportunities in general circulation media, Section 3 targeted median and minority and women focused media; HUD Youthbuild programs, to provide disadvantaged youth opportunities for employment, education, leadership development and training. 2) Directing written solicitations to Section 3 Residents and Section 3 Business Concerns for specific contracting opportunities when possible. 3) Identifying portions of work where Section 3 Residents or Section 3 Business Concerns are likely to be successful. 4) Providing specific reasons for non-utilization of unsuccessful Section 3 Residents or Section 3 Business Concerns. 5) Establishing programs to assist Section 3 Residents or Section 3 Business Concerns to meet insurance, bonding, and other contracting requirements. 6) Employing joint venture agreements whenever feasible. 7) Erection of signage at project sites soliciting Section 3 Residents and Section 3 Business Concerns. 8) Maintain records (including copies of correspondence, memoranda) that document the process and steps followed to encourage utilization of Section 3 job training, ITB 16-097 2016 CDBG Sidewalk Project Page 37 employments, contracting and economic opportunities by Section 3 Residents and Section 3 Business concerns. 9) Inclusion of Section 3 Plans of the Recipient and its Contractors and Subcontractors in bid documents or other contract solicitations. 10) Contact resident councils and community organization in the housing development or developments where Section 3 residents reside to request assistance in notifying residents of the employment and training positions to be filled. 11) Entering contracts on a negotiated rather than a bid basis whenever possible. 12) Maintain assistance to the Chamber of Commerce Small Business Development to assist Section 3 businesses with the development of a business profile and other administrative activities. 13) When feasible, holding job information meetings and workshops to assist Section 3 residents in completing applications. 14) Arranging to conduct interviews in the housing development or developments or the neighborhood service area of a project. 15) Appoint or recruit an executive official of a company or agency as Equal Opportunity Officer to coordinate the implementation of the Section 3 plan. ITB 16-097 2016 CDBG Sidewalk Project Page 38 SECTION 3 OPPORTUNTIES PLAN Project Name: Business Name: Contract Amount: Developer: Principal Contact Name: Principal Contact Telephone: Subcontractor: Yes □ No □ Certified Section 3 Business Concern: Yes □ No □ PLAN GOALS: I intend to comply with the requirements of SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968: PART 1: OPPORTUNITIES PLAN ____ Option 1: The Contracting company is owned by 51% or more certified Section 3 Residents. ____ Option 2: The Contractor has committed to employ or train College Station low and very low-income area residents in order to comply with its Section 3 requirements. ______ (30% or more) of its new hires during the term of the contract will be Section 3 residents. The Contractor affirms that the jobs identified shall be for meaningful employment that may or may not be related to the scope of services covered under the contract. ____ Option 3: The Contractor has identified certified Section 3 business(es) to comply with its Section 3 requirements under the contract. The contractor agrees to contract $___________ of the $_________(total contract award) to Section 3 Business Concerns. Twenty-five (25%) percent may be awarded for building trades work and three percent (3%) of all other Section 3 covered contracts. ITB 16-097 2016 CDBG Sidewalk Project Page 39 PART 2: SUBCONTRACTING WITH SECTION 3 BUSINESS CONCERNS: SUBCONTRACTING SURVEY (1) PROJECT NAME (2) CONTRACT NUMBER (3) CONTRACT AMOUNT: (4) Types of Contract (5) Total # of Contracts (6) Total Estimated Dollar Amount (7) Estimated # of Contracts to Section 3 Business Concerns (8) Estimated Dollar Amounts to Section 3 Business Concerns PART 3: LABOR SURVEY LABOR SURVEY (1) PROJECT NAME (2) CONTRACT NUMBER (3) JOB TITLE (4) TOTAL # OF EMPLOYEES NEEDED FOR THIS PROJECT NUMBER OF POSITIONS (5) CURRENTLY FILLED (6)HIRING GOAL (a) TOTAL (b) # of SECTION 3 RESIDENTS (a) TO BE HIRED (b) # of SECTION 3 RESIDENTS PART 4: EFFORTS TO COMPLY WITH SECTION 3 HIRING AND CONTRACTING GOALS NARRATIVE Please describe in a narrative the efforts you plan to make or have already made in order to comply with Section 3 Hiring and Contracting goals. A bulleted list of voluntary efforts that will be undertaken should be included. ITB 16-097 2016 CDBG Sidewalk Project Page 40 PART 5: SUBCONTRACTING REPORT (MONTHLY AND CUMULATIVE FINAL REPORT) SUBCONTRACTING REPORT (1) PROJECT NAME (2) CONTRACT NUMBER (3) CONTRACT AMOUNT: (4) REPORTING PERIOD (5) Types of Subcontracts (6) Total # of Subcontracts (7) Total Dollar Amount (8) Total #. of Contracts to Section 3 Business Concerns (9) Total Dollar Amounts to Section 3 Business Concerns PART 6: RESIDENT LIST – HIRING REPORT (MONTHLY AND CUMULATIVE FINAL REPORT) RESIDENT LIST – HIRING REPORT (1) PROJECT NAME (2) CONTRACT NUMBER (3) REPORTING PERIOD: (4) JOB TITLE (5) SECTION 3 RESIDENT NAME (6) ADDRESS (7) EMPLOYEE ID NUMBER (8) CONTRACTOR/ SUBCONTRACTOR PART 7: ACTUAL EFFORTS COMPLETED TO COMPLY WITH SECTION 3 HIRING AND CONTRACTING GOALS NARRATIVE Please describe in a narrative the ACTUAL efforts you completed in order to comply with Section 3 Hiring and Contracting goals. A bulleted list of all efforts should be included. ITB 16-097 2016 CDBG Sidewalk Project Page 41 PART 8: AUTHORIZATION OF SECTION 3 OPPORTUNITIES PLAN The Contractor hereby agrees to comply with all the provisions of Section 3 as set forth in 24 CFR 135.1. The Contractor commits to conduct aggressive outreach and notification to potential Section 3 Residents and Section 3 Business Concerns of hiring opportunities and contracting opportunities. Contractor agrees to include the “Section 3 Clause” in all its contracts in connection with work to be performed in Section 3 covered contracts. The Contractor agrees to require all subcontractors to submit a Section 3 Opportunities Plan including goals and the specific steps planned to accomplish those goals and required monthly reports and final reports. The failure of the contractor to comply with the above-approved plan shall be a material breach of the contract. Authorized Signature: _____________________________ Date: _____________________ Title: __________________________________________________ ITB 16-097 2016 CDBG Sidewalk Project Page 42 EXHIBIT 5 CONTRACTOR SECTION 3 COMPLIANCE CERTIFICATION -Must be submitted with bid CONTRACTOR QUALIFIES AS A SECTION 3 BUSINESS CONCERN @ No (circle one) PROJECT: .d<{)J& CI>R($ BID NUMBER: CONTRACTOR'S SECTION 3 COORDINATOR: NAME: I '--:.::2 J "-l~sse @mm a re~ TITLE: CONTACT INFORMATION:~-!/> e '-1' / 'z_ ~ :J ,) -s "ti S-9 1X1/o h1Cl CD(} e-' CJ /YJ4 l fttflf( I / NOTICE: THIS DOCUMENT IS REQUIRED FOR ALL CONSTRUCTION OR LABOR RELATED PROJECTS. The Contractor hereby agrees to comply with all the provisions of Section 3 as set forth in 24 CFR 135.38.3 requirements. The contractor hereby agrees to submit its Section 3 Opportunities Plan upon notice of award of the contract and prior to final execution of the contract. The Contractor and subcontractor(s) shall provide status reports identifying its progress in meeting the Section 3 goals established in this Section 3 Opportunities and Utilization Plan on a per draw basis throughout the contract period. Failure to comply with these general conditions may lead to sanctions which can include termination of the contract for default and suspension or debarment from future HUD-assisted contracts. __,. q< u M Acknowledged by: (Presi dk nt or Aut ~er) ~ fi!lo~Cl/l.44.2 Date:,.dA/7 d/?T ~ 3 ~ 2G)/ b !TB 16-0972016 CDBG Sidewalk Project Page 43 EXHIBIT 7 SECTION 3 NOTICE OF COMMITMENT TO: Residents of College Station and surrounding areas The following project named __________________________________________ located at _______________________________________ is a Section 3 covered project pursuant to Section (C) of 24 CFR 135.38, of Section 3 of the Housing and Urban Development Act of 1968, which received funding from the City of College Station. This project may require the hiring of qualified low-income residents (Section 3 Residents) or contracting with low-income businesses (Section 3 Business Concerns). The following economic opportunities are available: Positions Training Contracting Please contact __________________________regarding these opportunities at the following number ______________________. The anticipated date the work shall begin is _______________. If you apply for a job as a Section 3 Resident you may be required to submit information verifying your income and family size. Section 3 Residents wishing to receive hiring preferences on Section 3 covered projects should refer to the order of priority listed below. Businesses wishing to receive preferences as a Section 3 Business Concern must be certified with the City of College Station prior to being awarded preferences as a Section 3 Business Concern. If you have any questions, please contact the City of College Station (CoCS) at 979-764-3778. Employment Preferences Order of Priority Category 1: Residents of or in the area of the CoCS funded project who meet the low and very- low income limits. Category 2: Public Housing residents in the College Station-Bryan MSA. Category 3: HUD Youthbuild program participants – for projects carried out in the project boundary area. Category 4: Residents of Section 8 and all other residents meeting the income guidelines for Section 3 preference. ITB 16-097 2016 CDBG Sidewalk Project Page 44 Contracting Preferences Order of Priority Category 1: Business concerns that are 51 percent or more owned by residents of the development or whose; permanent workforce includes 30% of these persons as employees for a business located in the immediate area where the construction work is performed. Category 2: HUD Youthbuild programs being carried out in the CoCS in which Section 3 covered assistance is expended Category 3: Business concerns that are 51 percent or more owned by a Section 3 resident(s), or whose permanent, full-time workforce includes no less than 30 percent Section 3 residents; or that subcontract in excess of 25% of the total amount of subcontracts to Section 3 business concerns. ITB 16-097 2016 CDBG Sidewalk Project Page 45 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be c onstructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) 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. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will n otify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part ITB 16-097 2016 CDBG Sidewalk Project Page 46 of the wages of any laborer 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 separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor 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 so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or p art of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; ITB 16-097 2016 CDBG Sidewalk Project Page 47 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by ITB 16-097 2016 CDBG Sidewalk Project Page 48 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. ITB 16-097 2016 CDBG Sidewalk Project Page 49 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. ITB 16-097 2016 CDBG Sidewalk Project Page 50 CONDITIONS OF AGREEMENT ITB 16-097 2016 CDBG Sidewalk Project Page 51 CONDITIONS OF AGREEMENT CONTRACT DOCUMENTS STANDARD SPECIFICATIONS FOR CONSTRUCTION--CITY OF COLLEGE STATION The City of College Station has adopted standards for streets and water and sewer construction. These City standards are hereby made a part of these technical specifications. Copies of the City’s most recent edition of the “B/CS Unified Water and Sewer Specifications” and the most recent edition of the City’s “Standard Specifications for Street Construction” may be purchased from Development Services office at 1101 Texas Avenue in College Station. Any discrepancies between the City standards and these specifications shall be clarified per the instructions in Paragraph 8.0, “INTERPRETATIONS AND ADDENDA” in the instructions to Bidders. GENERAL CONDITIONS OF AGREEMENTS The Standard Form of Agreement between Owner and Contractor shall be governing conditions of this contract. SPECIAL PROVISIONS OF AGREEMENT A. USE OF THE SPECIFICATIONS: These specifications shall be used in conjunction with the City of College Station’s Standard Specifications of Water and Sewer Construction and Street Construction as outlined above. B. MEASUREMENTS: All work not specifically set forth as a pay item in the Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the various unit prices listed in the Proposal. C. QUANTITIES: Where unit quantities are shown on each bid item of the Proposal, they shall be construed to represent approximate quantities of Work to be completed. Final quantities will be determined by measurement on the site of the completed Work. Work performed outside of specified limits will not be included in final measurement. Bidders are hereby notified that no incidental items of the Work will be paid for unless it is listed in the Proposal form as a pay item. D. EXPLOSION, COLLAPSE AND UNDERGROUND HAZARDS (XCU): Contracts where trenching depths exceed twelve (12) feet shall require additional coverage for the following General Liability hazards: Explosion Applies to blasting operations Collapse Applies to excavation and grading work adjacent to structure ITB 16-097 2016 CDBG Sidewalk Project Page 52 Underground Applies to excavation, burrowing, trenching, tunneling, etc. For example, severing an electrical line during excavation operations. An additional premium may be assessed by contractors insurance provider. Successful contractor is responsible for assessing depth based on plans and specifications contained herein. TRAFFIC CONTROL The Contractor shall submit to the City Engineer a traffic control plan for each public right-of- way he enters prior to the pre-construction meeting. This plan shall be in conformance to the Texas Manual on Uniform Traffic Control Devices. Once reviewed, the plans will be returned to the Contractor with comments. Approved Traffic Control Plans shall be in the possession of the contractor on site during all work within the designated right of way. CONTRACT FORMS, BONDS AND CERTIFICATES The Standard Form of Agreement bond forms listed below will be made a part of the executed contract documents and are made a part of these specifications: CITY OF COLLEGE STATION STANDARD FORM OF AGREEMENT BETWEEN THE OWNER AND THE CONTRACTOR PERFORMANCE BOND PAYMENT BOND These forms are not to be filled in by the bidder at the time of submitting his proposal. ITB 16-097 2016 CDBG Sidewalk Project Page 53 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted ConstructionMAKING DAVIS-BACON JUNE 2001 MAKING DAVIS-BACON ITB 16-097 2016 CDBG Sidewalk Project Page 54 ITB 16-097 2016 CDBG Sidewalk Project Page 55 MAKING DAVIS-BACON WORK A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects i Introduction This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis-Bacon prevailing wage require- ments. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are applicable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contract- ing Officer who signed the contract for the Federal agency. Our objective here is to provide you with a guide which is simple and non- bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUDs Office of Labor Relations worked closely with the Department of Labors Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding. There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both whats in your contract that requires Davis-Bacon compliance and your responsibilities. The second chapter deals with labor standards and payroll reporting requirements. The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due. Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the purpose of this Guide, we are assuming that a determination has already been made that Davis-Bacon wage rates are applicable. Should you wish assistance in determining whether Davis-Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you dont know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUDs Home Page at the address below. Visit the Office of Labor Relations on the World Wide Web HUD Home Page at: http://www.hud.gov/offices/olr Obtain additional copies of this Guide and other publications at our web site or by telephone from HUDs Customer Service Center at (800) 767-7468. ITB 16-097 2016 CDBG Sidewalk Project Page 56 ITB 16-097 2016 CDBG Sidewalk Project Page 57 MAKING DAVIS-BACON WORK A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects Table of Contents Introduction ............................................................................................... i CHAPTER 1. Laws, Regulations, Contracts and Responsibilities 1-1 Davis-Bacon and Other Labor Laws ..................................1-1 a. The Davis-Bacon Act (DBA) ........................................................1-1 b. The Contract Work Hours and Safety Standards Act (CWHSSA)................................................................................... 1-1 c. The Copeland Act (Anti-Kickback Act)........................................1-2 d. The Fair Labor Standards Act (FLSA).......................................... 1-2 1-2 Davis-Bacon Regulations ........................................................1-2 1-3 Construction Contract Provisions ......................................1-2 1-4 Responsibility of the Principal Contractor .....................1-3 1-5 Responsibility of the Contract Administrator ..............1-3 CHAPTER 2. How to Comply with Labor Standards and Payroll Reporting Requirements SECTION I THE BASICS 2-1 The Wage Decision ................................................................... 2-1 a. The work classifications and wage rates ..................................... 2-1 b. Posting the wage decision ............................................................2-2 2-2 Additional Trade Classifications and Wage Rates ...........................................................................2-2 a. Additional classification rules....................................................... 2-2 b. Making the request.......................................................................2-2 c. HUD review.................................................................................2-3 d. DOL decision................................................................................2-3 2-3 Certified Payroll Reports ........................................................2-3 a. Payroll formats .............................................................................2-3 b. Payroll certifications .....................................................................2-4 c. No work payrolls ......................................................................2-4 d. Payroll review and submission .....................................................2-4 e. Payroll retention...........................................................................2-4 f. Payroll inspection ........................................................................ 2-5 iiiITB 16-097 2016 CDBG Sidewalk Project Page 58 MAKING DAVIS-BACON WORK 2-4 Davis-Bacon Definitions ..........................................................2-5 a. Laborer or mechanic. ...................................................................2-5 b. Employee......................................................................................2-5 c. Apprentices and trainees..............................................................2-5 d. Prevailing wages or wage rates ....................................................2-6 e. Fringe benefits ..............................................................................2-7 f. Overtime ......................................................................................2-7 g. Deductions ...................................................................................2-7 h. Proper designation of trade .........................................................2-8 i. Site of work ..................................................................................2-8 SECTION II REPORTING REQUIREMENTS 2-5 Completing a Payroll Report ................................................2-8 a. Project and contractor/subcontractor information .....................2-9 b. Employee information ..................................................................2-9 c. Work classification........................................................................2-9 d. Hours worked ..............................................................................2-9 e. Rate of pay................................................................................... 2-9 f. Gross wages earned ...................................................................2-10 g. Deductions .................................................................................2-10 h. Net pay.......................................................................................2-10 i. Statement of compliance............................................................2-10 j. Signature.................................................................................... 2-11 SECTION III PAYROLL REVIEWS AND CORRECTIONS 2-6 Compliance Reviews .............................................................. 2-11 a. On-site interviews......................................................................2-11 b. Project payroll reviews...............................................................2-11 2-7 Typical Payroll Errors and Required Corrections................................................... 2-11 a. Inadequate payroll information ..................................................2-11 b. Missing addresses and Social Security Numbers....................... 2-12 c. Incomplete payrolls ....................................................................2-12 d. Classifications .............................................................................2-12 e. Wage rates..................................................................................2-12 f. Apprentices and trainees............................................................2-12 g. Overtime ....................................................................................2-12 h. Computations.............................................................................2-13 I. Deductions ................................................................................ 2-13 j. Fringe benefits ............................................................................2-13 k. Signature.................................................................................... 2-13 l. On-site interview comparisons ..................................................2-13 ivITB 16-097 2016 CDBG Sidewalk Project Page 59 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects 2-8 Restitution for Underpayment of Wages ..................... 2-13 a. Notification to the prime contractor ........................................ 2-14 b. Computing wage restitution ......................................................2-14 c. Correction payrolls ....................................................................2-14 d. Employee signature. .................................................................. 2-14 e. Review of correction CPR..........................................................2-14 f. Unfound workers .......................................................................2-14 CHAPTER 3. Labor Standards Disputes, Administrative Reviews, Withholding and Deposits and Escrow Accounts 3-1 Introduction ................................................................................. 3-1 3-2 Administrative Review on Labor Standards Disputes .....................................................3-1 a. Additional classifications and wage rates......................................3-1 b. Findings of underpayment............................................................3-2 3-3 Withholding .................................................................................. 3-2 3-4 Deposits and Escrow Accounts ............................................3-3 3-5 Administrative Sanctions .......................................................3-4 a. DOL debarment...........................................................................3-4 b. HUD sanctions .............................................................................3-4 3-6 Falsification of Certified Payroll Reports .........................3-4 Index ........................................................................................................ A-1 Acronyms and Symbols ................................................................... A-3 Davis-Bacon Related Web Sites ............................................... A-3 Exhibits Project Wage Rate Sheet ................................................................... A-4 WH-347, Payroll Form....................................................................... A-5 WH-348, Statement of Compliance .................................................. A-6 vITB 16-097 2016 CDBG Sidewalk Project Page 60 ITB 16-097 2016 CDBG Sidewalk Project Page 61 MAKING DAVIS-BACON WORK A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects CHAPTER 1. Laws, Regulations, Contracts and Responsibilities The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects: 1-1 Davis-Bacon and Other Labor Laws a. The Davis-Bacon Act (DBA) The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works. Most HUD construction work is not covered by the DBA itself since HUD seldom contracts directly for construction services. Most often, if Davis-Bacon wage rates apply to a HUD project it is because of a labor provision contained in one of HUDs Related Acts such as the U.S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996. The Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA. b. The Contract Work Hours and Safety Standards Act (CWHSSA) CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA viola- tions carry a liquidated damages penalty ($10/day per violation). Intentional viola- tions of CWHSSA standards can be considered for Federal criminal prosecution. 1-1 CWHSSA does not apply to prime contracts of $100,000 or less. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant-assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/olr/olr.html) ITB 16-097 2016 CDBG Sidewalk Project Page 62 MAKING DAVIS-BACON WORK c. The Copeland Act (Anti-Kickback Act) The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contrac- tors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d. The Fair Labor Standards Act (FLSA) The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. 1-2 Davis-Bacon Regulations The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis-Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administra- tive proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board (formerly Wage Appeals Board). These regulations are used as the basis for administering and enforcing the laws. 1-3 Construction Contract Provisions Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications. a. The Labor Standards Clauses The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of viola- tions, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract adminis- trator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction Public and Indian Housing Program. DOL Regulations are available on-line on the World Wide Web: http://www.dol.gov/dol/esa/ public/regs/cfr/whdcfr.htm. HUD program labor standards forms are available on-line at: www.hudclips.org/subscriber/ html/forms.htm 1-2ITB 16-097 2016 CDBG Sidewalk Project Page 63 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects b. Davis-Bacon Wage Decisions The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid. Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construc- tion begins, the wage decision is locked-in and no future modifications are applicable to the contract or project involved. 1-4 Responsibility of the Principal Contractor The principal contractor (also referred to as the prime or general contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.) To make this Guide easier to understand, the term prime contractor will mean the principal contractor; subcontractor will mean all subcontractors including lower-tier subcontractors; and the term employer will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors. 1-5 Responsibility of the Contract Administrator The contract administrator is responsible for the proper administra- tion and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see ¶2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see ¶2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll re- ports, and oversees any enforcement actions that may be required. The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA-insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), 1-3 All current Davis-Bacon wage decisions can be accessed on-line at no cost at: http://www.access.gpo.gov/ davisbacon ITB 16-097 2016 CDBG Sidewalk Project Page 64 MAKING DAVIS-BACON WORK 1-4 Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUDs Community Development Block Grant (CDBG) and HOME programs. In these cases, the con- tract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same. The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information. ITB 16-097 2016 CDBG Sidewalk Project Page 65 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects CHAPTER 2. How to Comply with Labor Standards and Payroll Reporting Requirements Where to start? Now that you know youre on a Davis-Bacon project and you know some of the legal and practical implications, whats next? SECTION 1 THE BASICS 2-1 The Wage Decision Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifi- cations and wage rates that must be followed. If you dont have it already (and by now you should), youll want to get a copy of the applicable Davis-Bacon wage decision. a. The Work Classifications and Wage Rates A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. Youll want to make sure that the work classification(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residen- tial and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classification(s) you need. To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet. This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet. 2-1 Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See ¶1-3, Construction Contract Provisions. ITB 16-097 2016 CDBG Sidewalk Project Page 66 MAKING DAVIS-BACON WORK b. Posting the Wage Decision If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of a DOL poster called Notice to Employees (Form WH-1321) at the job site in a place that is easily accessible to all of the con- struction workers employed at the project and where the wage decision and poster wont be destroyed by wind or rain, etc. The Notice to Employees poster is available on-line at HUDClips (see address in the Appendix) and can also be obtained in Spanish text through the contract administrator. 2-2 Additional Trade Classifications and Wage Rates What if the work classification you need isnt on the wage decision? If the work classification(s) that you need doesnt appear on the wage decision, you will need to request an additional classifica- tion and wage rate. This process is usually very simple and youll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; youll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here: a. Additional Classification Rules Additional classifications and wage rates can be approved if: 1)The requested classification is used by construction contrac- tors in the area of the project. (The area is usually defined as the county where the project is located). 2)The work that will be performed by the requested classifica- tion is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you cant request another Electrician classification and rate.) 3)The proposed wage rate for the requested classification fits with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And, 4)The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers representatives, must agree with the proposed wage rate. b. Making the Request A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recom- mend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform.2-2ITB 16-097 2016 CDBG Sidewalk Project Page 67 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects c. HUD Review The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. If addi- tional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/ referral letter to the DOL. If the HUD Labor Relations staff doesnt think the request meets the rules and if agreement cant be reached on the proper classifi- cation or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldnt be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/ referral letter to the DOL. d. DOL Decision The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision. If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommen- dation approved. 2-3 Its always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide. 2-3 Certified Payroll Reports Youll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. Its always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project Final. a. Payroll Formats The easiest form to use is DOLs WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. You are not required to use Payroll Form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347. ITB 16-097 2016 CDBG Sidewalk Project Page 68 MAKING DAVIS-BACON WORK b. Payroll Certifications The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH-347, or you can use the WH-348, Statement of Compliance (same certification language as on WH-347), or any other format which contains the same certification language on the WH-347 (reverse) or WH-348. A copy of the WH-348 is included in the back of this Guide. Copies of the WH-348 are also available from the contract administrator. If you number your payroll reports consecutively, you do not need to submit no work payrolls! An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur. 2-4 DOLs website has Payroll Instructions, and Payroll Forms WH-347 and WH-348 in fillable PDF formats at this address: www.dol.gov/dol/esa/public/forms/whd/ index.htm c. No Work Payrolls No work payrolls may be submitted whenever there is a tempo- rary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See Tip Box, below, for no work payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you send a note, you do not need to send no work payrolls. d. Payroll Review and Submission The prime contractor should review each subcontractors payroll reports for compliance prior to submitting the reports to the contract administrator. Remember, the prime contractor is respon- sible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor. e. Payroll Retention Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as time cards, tax records, evidence of fringe benefit payments, for a ITB 16-097 2016 CDBG Sidewalk Project Page 69 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects Davis-Bacon project for at least 3 years after the project is com- pleted. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project. f. Payroll Inspection In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL. 2-4 Davis-Bacon Definitions Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you: a. Laborer or Mechanic Laborers and mechanics mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, trainees and, for CWHSSA purposes, watchmen and guards. Laborers and mechanics are the two groups of workers that must be paid not less than Davis-Bacon wage rates. 1) Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered laborers and mechanics for labor standards purposes for the time spent performing construction work. 2) Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) b. Employee Every person who performs the work of a laborer or mechanic is employed regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self- employed laborers and mechanics. c. Apprentices and Trainees The only workers who can be paid less than the wage rate on the wage decision for their work classification are apprentices and trainees registered in approved apprenticeship or training programs, including Step-Up apprenticeship programs designed for Davis-Bacon construction work. Approved programs are those 2-5 For more information about working sub- contractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics. Labor Relations Letters and other helpful Labor Relations publications are available at HUDs Labor Relations web site (see the list of web site addresses in the Appendix). ITB 16-097 2016 CDBG Sidewalk Project Page 70 MAKING DAVIS-BACON WORK which have been registered with the DOL or a DOL-recognized State Apprenticeship Agency (SAC). Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program. 2-6 Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months 1 year: 70%; etc. The percentage is applied to the journeymans wage rate. On Davis-Bacon projects, the percentage must be applied to the journeymans wage rate on the applicable wage decision for that craft. 1) Probationary apprentice. A probationary apprentice can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice. 2) Pre-apprentice. A pre-apprentice, that is, someone who is not registered in a program and who hasnt been DOL- or SAC-certified for probationary apprenticeship is not consid- ered to be an apprentice and must be paid the full journey- mans rate on the wage decision for the classification of work they perform. 3) Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site can not exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. d. Prevailing Wages or Wage Rates Prevailing wage rates are the wage rates listed on the wage deci- sion for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage deci- sions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees. 1) Piece-work. Some employees are hired on a piece-work basis, that is, the employees earnings are determined by a factor of work produced. For example, a Drywall Hangers earnings may be calculated based upon the square feet of sheetrock actually hung, a Painters earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked. Accurate time records must be maintained for any piece-work employees. If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved.ITB 16-097 2016 CDBG Sidewalk Project Page 71 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects e. Fringe Benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employers contribution to Social Security or some disability insurance payments. Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $10/hour basic rate plus $5/hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off-set with fringe benefits is limited by certain IRS and FLSA requirements. 2-7 f. Overtime Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one-half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits. g. Deductions You may make payroll deductions as permitted by DOL Regula- tions 29 CFR Part 3. These regulations prohibit the employer from requiring employees to kick-back (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgements and other financial obligations legally imposed against the employee. Referring to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic + $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of $20 per hour. ITB 16-097 2016 CDBG Sidewalk Project Page 72 MAKING DAVIS-BACON WORK h. Proper Designation of Trade You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they arent considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs. 1) Split-classification. If you have employees that perform work in more than one classification, you can pay the wage rates specified for each classification only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i. Site of Work The site of work is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. Site of work can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project. SECTION II REPORTING REQUIREMENTS 2-5 Completing a Payroll Report What information has to be reported on the payroll form? The weekly payroll form doesnt ask for any information that you dont already need to keep for wage payment and tax purposes. For example, you need to know each employees name, address and social security number; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more informa- tion than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more informa- tion than you need to keep for IRS, Social Security and other tax and employment purposes. You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrators review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. 2-8 For many contractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork you need to submit! ITB 16-097 2016 CDBG Sidewalk Project Page 73 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects a. Project and Contractor/Subcontractor Information Each payroll must identify the contractor or subcontractors name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended. b. Employee Information The first payroll on which each employee appears must contain the employees name, address and Social Security Number. Afterward, the address and Social Security Number only need to be reported if there is a change in this information. c. Work Classification Each employee must be classified in accordance with the wage decision based on the type of work they actually perform. 1) Apprentices or Trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentices or trainees registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears. 2) Split classifications. For employees in split classifications, list the employees once for each classification, distributing the hours of work accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications. d. Hours Worked The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites other than the project for which the payroll is prepared, those other job hours should not be reported on the payroll. In these cases, you should list the employees name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employees total earnings (for all projects) for the week. e. Rate of Pay Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked. 1) Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employees piece-work earnings for that week. To compute the effective hourly rate, divide the piece- work earnings by the total number of hours worked, including consideration for any overtime hours.2-9ITB 16-097 2016 CDBG Sidewalk Project Page 74 MAKING DAVIS-BACON WORK The effective hourly rate must be reflected on the certified payroll and the hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed. 2-10 Only one employee authorization is needed for recurring (e.g., weekly) other deductions. Written employee authorization is not required for income tax and Social Security deductions. f. Gross Wages Earned Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the all projects earnings. g. Deductions Show the amounts of any deductions from the gross earnings. Other deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collec- tive bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. h. Net Pay Show the net amount of wages paid. i. Statement of Compliance The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347) or on form WH-348. Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c). Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/hour basic plus $5/hour fringe benefits, the overtime rate would be: ($10 x 1‰) + $5 = $20/hour. Only one Statement of Compliance is required for each employers weekly payroll no matter how many pages are needed to report the employee data. ITB 16-097 2016 CDBG Sidewalk Project Page 75 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects j. Signature Make sure the payroll is signed with an original signature. The payroll must be signed by a principal of the firm (owner or officer such as the president, Treasurer or Payroll Administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. SECTION III PAYROLL REVIEWS AND CORRECTIONS 2-6 Compliance Reviews The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews (see ¶1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards require- ments have been met. You will be notified by the contract administra- tor if these reviews find any discrepancies or errors. You will be given instructions about what steps must be taken to correct any problems. a. On-Site Interviews Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator. b. Project Payroll Reviews The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc. 2-7 Typical Payroll Errors and Required Corrections The following paragraphs describe common payroll errors and the corrective steps you must take. 2-11ITB 16-097 2016 CDBG Sidewalk Project Page 76 MAKING DAVIS-BACON WORK a. Inadequate Payroll Information If an alternate payroll format used by an employer (such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an accept- able form. b. Missing Addresses and Social Security Numbers If the first payroll on which an employee appears does not contain the employees address and Social Security Number, the employer will be asked to supply the missing information. A short note providing the information is all that is needed. c. Incomplete Payrolls If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a corrected payroll. d. Classifications If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (See ¶2-2). If reclassifica- tion results in underpayment (i.e., the wage rate paid on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all effected reclassified employees. (See ¶2-8 for instructions about wage restitution.) e. Wage Rates If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all effected employees. f. Apprentices and Trainees If a copy of the employee(s) registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentices or trainees registra- tion and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeymans wage rate for the classification of work they performed. g. Overtime If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur: 1)If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project (overtime hours worked at other projects are not subject to CWHSSA). The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or,2-12ITB 16-097 2016 CDBG Sidewalk Project Page 77 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects 2)If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the Labor Relations staff may refer the violations to the DOL for further review. h. Computations If the payroll computations (hours worked times rate of pay) or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions If there are any Other deductions that are not identified, or if employee authorization isnt provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authoriza- tion or explain unusual deductions, as necessary. 2-13 HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action. j. Fringe Benefits If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the payroll form], the employer may be asked to submit corrected payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k. Signature If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll effected. l. On-Site Interview Comparisons If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a corrected payroll report. 2-8 Restitution for Underpayment of Wages Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the effected employees. Wage restitution must be paid promptly in the full amounts due, less permis- sible and authorized deductions. a. Notification to the Prime Contractor The contract administrator will notify the prime contractor in writing of any underpayments that are found during payroll or other reviews. The notice will describe the underpayments and ITB 16-097 2016 CDBG Sidewalk Project Page 78 MAKING DAVIS-BACON WORK provide instructions for computing and documenting the restitu- tion to be paid. The prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor. b. Computing Wage Restitution Wage restitution is simply the difference between the wage rate paid to each effected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. c. Correction Payrolls The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correc- tion payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for restitution); the adjust- ment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount to be paid. A signed Statement of Compliance must be attached to the correction payroll. d. Employee Signature Each employee who has received restitution signs the correction payroll or other form of receipt as evidence that they have received the additional payment. e. Review of Correction CPR The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contrac- tor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a supplemental correction payroll within 30 days. f. Unfound Workers Sometimes, wage restitution cannot be paid to an affected em- ployee because, for example, the employee has moved and cant be located. In these cases, at the end of the project the prime contractor will be required to place in a deposit or escrow account an amount equal to the total amount of restitution that could not be paid because the employee(s) could not be located. The con- tract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD. 2-14 In most cases, HUD no longer requires employers to submit checks or copies of checks (certified, cashiers, canceled or other) to correct underpayments. Restitution payments are reported and certified by the employer on a correction payroll. ITB 16-097 2016 CDBG Sidewalk Project Page 79 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects CHAPTER 3. Labor Standards Disputes, Administrative Reviews, Withholding, Deposits and Escrow Accounts, and Sanctions What happens when things go wrong? 3-1 Introduction Even in the best of circumstances, things can go wrong. In a Davis- Bacon context, things going wrong usually means theres a difference of opinion or a dispute about whether and to what extent underpay- ments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue. 3-2 Administrative Review on Labor Standards Disputes As mentioned in the Introduction above, a dispute about labor stan- dards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include: a. Additional Classifications and Wage Rates Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established. 1) Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representa- tives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly 3-1ITB 16-097 2016 CDBG Sidewalk Project Page 80 MAKING DAVIS-BACON WORK address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See ¶2-2(d), and also DOL Regulations 29 CFR 1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations. 2) Administrative Review Board. Any interested party may request a review of the Administrators decision on reconsid- eration by the Administrative Review Board (formerly, Wage Appeals Board). DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.) b. Findings of Underpayment Compliance reviews and other investigations may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies. If informal exchanges do not result in agreement, the final determi- nation and schedule of wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquar- ters Office of Labor Relations. 1) DOL review. The DOL will review the contract administrators report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review; you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b) and 29 CFR Part 6, Rules of Practice for Administrative Proceedings.) 2) Administrative Review Board. Contractors and/or subcon- tractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding. 3-3 Withholding The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or 3-2ITB 16-097 2016 CDBG Sidewalk Project Page 81 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects other violations are not corrected within 30 days after notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractors (and/or subcontractors) liability shall be withheld. Remember, the prime contractor is responsible and will be held liable for any wage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower-tier subcontractors. See ¶1-4, Responsibility of the Principal Contractor, and ¶2-8, Restitution for underpayment of wages. 3-4 Deposits and Escrows In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if neces- sary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision in rendered, the contract administrator makes disbursements from the account in accordance with the decision. Deposit/escrow accounts are established for one or more of the following reasons: a.Where the parties have agreed to amounts of wage restitution that are due but the employer hasnt furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any workers who can not be located are held in the deposit/escrow account for three years and dis- bursed as described in ¶2-8(f) of this Guide. b.Where underpayments are suspected or alleged and an investiga- tion has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if appli- cable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor. If the parties agree to the investigative findings, the amounts due to the workers will be disbursed from the escrow account in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above (See ¶2-8(f) and 3-4(a)). If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in ¶3-4(c), below. 3-3ITB 16-097 2016 CDBG Sidewalk Project Page 82 MAKING DAVIS-BACON WORK c.Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-5 Administrative Sanctions Contractors and/or subcontractors that violate the labor standards pro- visions may face administrative sanctions imposed by HUD and/or DOL. a. DOL Debarment Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor stan- dards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or associ- ation in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD Sanctions HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions. 1) LDPs. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDPs are found at 24 CFR 24.700-24.714. 2) Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceed- ings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regula- tions concerning debarment and suspension are found at 24 CFR Part 24. 3-6 Falsification of Certified Payroll Reports Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance) may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code). 3-4 Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project youre working on or the HUD Field Labor Relations staff in your area. ITB 16-097 2016 CDBG Sidewalk Project Page 83 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects Index Acronyms...........................................................................................iii, Table-i Additional classifications ......................................................................... iii, 2-2 Administrative Review Board .............................................................. 1-2, 3-2 Administrative Review on Labor Standards Disputes .................................3-1 Apprentices........................................................... ii, 2-6-2-8, 2-10, 2-11, 2-16 Apprentices and trainees.............................................................................2-7 Pre-apprentice ....................................................................................2-7 Probationary apprentice .....................................................................2-7 Ratio of apprentices and trainees to journeymen...............................2-8 Basic Hourly Rate ............................................................2-8, 2-12, 2-13, 2-17 Certified Payroll reports.............................................. i, iii, 1-2, 2-4, 2-17, 3-5 Payroll certifications............................................................................2-4 Payroll formats ....................................................................................2-4 Payroll inspection ................................................................................2-6 Payroll retention .................................................................................2-6 Payroll review and submission............................................................2-5 No work payrolls.............................................................................2-5 Compliance Reviews .................................................................................2-15 Construction contract provisions................................................................1-3 HUD-2554 ..........................................................................................1-3 HUD-4010 ..........................................................................................1-3 labor standards clauses .......................................................................1-3 Contract administrator.... i, 1-3, 1-4, 2-1-2-7, 2-11, 2-15, 2-18, 2-19, 3-1-3-5 Contract Provisions ...........................................................................i, 1-3, 2-1 Contract Work Hours and Safety Standards Act ................. i, 1-1-1-4, Table-i Copeland Act............................................................................................ i, 1-2 Copeland Act...............................................................................................1-2 Correction payrolls............................................................................... iii, 2-18 CPR................................................................................... iii, 2-4, 2-19, Table-i CWHSSA .....................................................................................................1-1 Davis-Bacon Act .................................................................................. 1-1, 1-3 Davis-Bacon Definitions...............................................................................2-6 Apprentices and trainees ....................................................................2-7 Fringe benefits.....................................................................................2-8 Laborer or mechanic...........................................................................2-6 Working foremen................................................................................2-6 Davis-Bacon Regulations..............................................................................1-2 Davis-Bacon Wage Decisions ......................................................................1-3 Davis-Bacon Act ........................................................... i, 1-1, 1-2, 3-4, Table-i DBA ......................................................................................i, 1-1, 1-2, Table-i DBRA .......................................................................................1-1, 3-4, Table-i Debarment .............................................................................................. iii-3-5 Deductions................................................. ii, 1-2, 2-10-2-13, 2-15, 2-17, 2-18 Deposits and Escrow Accounts.............................................................. iii, 3-1 Deposits and Escrows .................................................................................3-3 DOL ......................................i, iii, 1-2-1-4, 2-2-2-7, 2-10, 2-15, 2-17, 3-1-3-4, Table-i, Table-ii, Exhibit 1 i DOL investigator .........................................................................................1-4 DOL regulations ............................................. 1-3, 2-2, 2-10, 3-1-3-4, Table-ii Employee ................................................................. ii-1-4, 2-6, 2-8, 2-10-2-19 A-1ITB 16-097 2016 CDBG Sidewalk Project Page 84 MAKING DAVIS-BACON WORK Fair Labor Standards Act ............................................................. i, 1-2, Table-i Falsification.............................................................................................. iii, 3-5 Findings of underpayment ...................................................................... iii, 3-2 FLSA ........................................................................... i, 1-2, 2-8, 2-17, Table-i Fringe benefits .............................................. ii, 1-3, 2-8, 2-9, 2-12, 2-13, 2-17 Gross wages........................................................................................... ii, 2-13 HUD ............................ 2, 3, i, iii, 1-1-1-4, 2-1, 2-3, 2-6, 2-7, 2-15, 2-17-2-19, 3-2, 3-4, 3-5, Table-i, Table-ii, Exhibit 1 i HUD Home Page ........................................................................................... 3 HUD Labor Relations field staff...................................................................1-4 HUD-11.....................................................................................................2-15 HUD-11.....................................................................................................2-15 Labor Relations Staff ............................................................... 2, 2-3, 2-17, 3-5 Limited Denial of Participation ....................................................... 3-5, Table-i Liquidated damages ............................................................................. 1-1, 3-4 Local contracting agencies...........................................................................1-4 Net pay ............................................................................... ii, 2-12, 2-13, 2-17 Notice to Employees...................................................................................2-2 On-site Interviews .....................................................................................2-15 Overtime ..................ii, 1-1, 1-2, 2-5, 2-8, 2-9, 2-12, 2-13, 2-16, 2-17, Table-i Payroll certification ......................................................................................2-4 Payroll errors ......................................................................................... ii, 2-15 Payroll format .................................................................................... 2-4, 2-15 Payroll retention ....................................................................................... i, 2-6 Payroll submissions ....................................................................................2-15 Piece-work ........................................................................................ 2-8, 2-12 Posting the wage decision......................................................................... i, 2-2 Prevailing wages or wage rates ...................................................................2-8 Prime Contractor ....................................iii, 1-4, 2-2-2-6, 2-18, 2-19, 3-1, 3-3 Principal Contractor .................................................................. i, 1-3, 1-4, 3-3 general contractor ..............................................................................1-3 Project Wage Rate Sheet ....................................................iii, 2-2, Exhibit 1 - i Proper designation of trade.......................................................................2-10 Split-classification ..............................................................................2-10 Rate of Pay .......................................................... ii, 2-8, 2-11-2-13, 2-15, 2-17 Site of Work........................................................................................... ii, 2-10 Split-classification .......................................................................................2-10 Statement of Compliance ................................... ii-2-4, 2-13, 2-14, 2-17, 2-18 Step-Up apprenticeship programs ..............................................................2-7 Subcontractor ......i, ii, 1-4, 2-3, 2-5, 2-6, 2-10, 2-11, 2-15, 2-18, 3-1, 3-4, 3-5 lower-tier subcontractors...................................................................1-4 Suspension ...................................................................................................3-5 Trainees................................................................. ii, 2-6-2-8, 2-10, 2-11, 2-16 Typical Payroll Errors .................................................................................2-15 Unfound workers .......................................................................... iii, 2-19, 3-4 Wage Appeals Board....................................................................................1-2 Wage Decision .............. i, 1-3, 1-4, 2-1-2-4, 2-6-2-13, 2-16-2-18, Exhibit 1 - i Wage Restitution..................................................... iii, 2-5, 2-16-2-19, 3-2-3-4 Computing wage restitution .............................................................2-18 Correction payrolls...........................................................................2-18 Unfound workers..............................................................................2-19 Withholding...............................................................................iii, 1-3, 3-1, 3-3 Work Classification ....................... ii, 2-1-2-3, 2-7, 2-8, 2-10, 2-11, 2-15, 2-18 Working foremen.........................................................................................2-6 World Wide Web............................................................................................ 3 A-2ITB 16-097 2016 CDBG Sidewalk Project Page 85 A Contractors Guide to Prevailing Wage Requirements for Federally-Assisted Construction Projects A-3 Acronyms and Symbols CDBG Community Development Block Grant CFR Code of Federal Regulations CPR Certified Payroll Report CWHSSA Contract Work Hours and Safety Standards Act DBA Davis-Bacon Act DBRA Davis-Bacon and Related Acts DOL Department of Labor FHA Federal Housing Administration FLSA Fair Labor Standards Act HUD Housing and Urban Development (Department of) IHA Indian Housing Authority LCA Local Contracting Agency LDP Limited Denial of Participation O/T Overtime PHA Public Housing Agency S/T Straight-time SAC State Apprenticeship Council/Agency TDHE Tribally-Designated Housing Entity §Section ¶ Paragraph Davis-Bacon Related Web Sites HUD Office of Labor Relations: www.hud.gov/offices/olr HUD Regulations: www.access.gpo.gov/nara/cfr/cfr-table-search.html HUDClips (Forms): www.hudclips.org/subscriber/html/forms.htm DOL Davis-Bacon and Related Acts Homepage: www.dol.gov/dol/esa/public/programs/dbra/index.html DOL Regulations: www.dol.gov/dol/esa/public/regs/cfr/whdcfr.htm Davis-Bacon Wage Decisions: www.access.gpo.gov/davisbacon DOL Forms: www.dol.gov/dol/esa/public/forms/whd/index.htm ITB 16-097 2016 CDBG Sidewalk Project Page 86 A-4 ITB 16-097 2016 CDBG Sidewalk Project Page 87 A-5ITB 16-097 2016 CDBG Sidewalk Project Page 88 Remarks Name and Title Signature that during the payroll period commencing on the day of , 19 and ending the day of , 19 , all persons employed on said project have been paid the full weekly wages earned that no rebates have been or will be made either directly or indirectly to or on behalf on said from the full weekly wages earned by any person and that no deductions have been made either (Contractor or Subcontractor) directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of Labor under the Copeland Act, as Amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: STATEMENT OF COMPLIANCE Date I,,do hereby state: (Name of signatory party)(Title) (1) That I pay or supervise the payment of the persons employed by on the: (Contractor or Subcontractor) U.S. Department of Labor Wage and Hour Division Form Approved Budget Bureau No. 44-R1093 (2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage det5ermination incorporated into the contract; that the classifications set forth therin for each laborer or mechanic conform iwht the work he performed. (3)That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprentice- ship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United State Department of Labor. (4)That: (a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll payments of fringe benefits as listed in the contract have been or will be made to appropriated programs for the benefit of such employees, except as noted in Section 4(c) below. (b)WHERE FRINGE BENEFITS ARE PAID IN CASH Each Laborer or mechanic listed in the above referenced payroll has been paid as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c)EXCEPTIONS EXCEPTIONS (CRAFT) A-6 Form WH-348 (1/68) Purchase this form directly from the Supt. of Documents The wilful falsification of any of the above statments may subject the contractor or subcontractor to civil or criminal prosecution. See section 1001 of title 18 and section 231 of title 31 of the United States code. ITB 16-097 2016 CDBG Sidewalk Project Page 89 Labor Relations Desk U.S. Department of Housing and Urban Development Office of Labor Relations Washington, DC 20410 Official Business Penalty for Private Use $300 STANDARD MAIL POSTAGE & FEES PAID HUD ITB 16-097 2016 CDBG Sidewalk Project Page 90 STANDARD FORM OF AGREEMENT FOR CONSTRUCTION ITB 16-097 2016 CDBG Sidewalk Project Page 91 Form Revised on 7-10-12 Contract No. 16300587 Page 1 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT CONTRACT NO. 16300587 This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the “City”) and Palomares Construction, Inc., a corporation (the “Contractor”), for the construction and/or installation of 2016 CDBG Sidewalk Project. 1. DEFINITIONS 1.01. Calendar Day. A "calendar day" is any day of the week or month, no days being excepted. 1.02. City. Whenever the word "City" is used, it shall mean and be understood as referring to the City of College Station, Texas. 1.03. City's Representative. Whenever the words "City's Representative" or "Representative" are used, it shall mean and be understood as referring to the City Manager or his delegate, who shall act as City's agent. The City's Representative may inspect and issue instructions but shall not directly supervise the Contractor. 1.04. Contract Amount. The term “Contract Amount” shall mean the amount of Contractor’s lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor’s Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices times the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. 1.05. Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.06. Contractor. Whenever the word "Contractor" is used, it shall mean the person(s), partnership, or corporation who has agreed to perform the work embraced in this Agreement and the other Contract Documents. 1.07. Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.08. Final Completion. The term "Final Completion" shall mean that all the work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.09. Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.10. Nonconforming work. The term "nonconforming work" shall mean work or any part thereof that is rejected by City 's Representative as not conforming with the Contract Documents. 1.11. Parties. The "parties" are the City and the Contractor. Form Revised on 7-10-12 Contract No. 16300587 Page 2 1.12. Project. The term "Project" shall mean and include all that is required to obtain a final product that is acceptable to the City. The term "work" shall have like meaning. 1.13. Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.14. Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.15. Work. The term "work" as used in this Agreement shall mean and include all that is required herein to obtain a final product that is acceptable to the City. The term "Project" shall have like meaning. This Project includes the following: Construction of sidewalks on portions of Cross Street, Eisenhower Street, Live Oak Street and San Saba Drive. This work includes the base bid and the alternate bid as specified in Invitation to Bid 16-097. 1.16. Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01. The Contract Documents and their priority shall be as follows: 2.01.01. This signed Agreement 2.01.02. Addendum to this Agreement 2.01.03. General Conditions 2.01.04. Special Conditions 2.01.05. Technical specifications 2.01.06. Drawings 2.01.07. Instructions to Bidders and any other notices to Bidders or Contractor 2.01.08. Performance bond, Payment bonds, Bid bonds and Special bonds 2.01.09. Contractor's Proposal 2.02. Where applicable, the Contractor will be furnished three (3) sets of plans, drawings, specifications, and related Contract Documents for its use during construction. Plans and specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03. The Contractor shall distribute copies of the plans and specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the plans and specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04. All drawings, specifications, and copies thereof furnished by the City shall not be re-used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the plans and specifications and “as built” drawings, are to be returned to the City on request at the completion of the work. All Contract Documents, models, mockups, or other representations are the property of the City. In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more Form Revised on 7-10-12 Contract No. 16300587 Page 3 stringent requirement, either or both in accordance with the City’s interpretation. The terms and conditions of this Clause 2.04, however, shall not relieve the Contractor of any of the obligations set forth in Paragraphs 8.01. and 8.02. 3. AWARD OF CONTRACT 3.01. Upon the award of the contract by the City Council, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02. Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the work in the most expedient and efficient possible manner in order to complete the work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the notice to proceed. The notice to proceed may be given by oral notification or set by City's Representative at the post-contract award conference. The notice to proceed may not be given, nor may any work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under Paragraphs 27 and 28 (Insurance & Bonds). 3.03. Contract Amount. Except in the event of a duly authorized change order approved by the City as provided in this Contract, and in consideration of the Contractor’s final completion of all work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Two Hundred Three Thousand Four Hundred Sixty Nine and 00/100 Dollars ($ 203,469.00). 4. CITY'S REPRESENTATIVE 4.01. The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02. The City's Representative may periodically review and inspect the work of the Contractor. 4.03. The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the work performed under this Agreement and ensure that said work is performed in accordance with the plans and specifications. 4.04. The Contractor shall regard and obey the directions and instructions of City's Representative, any subordinate supervisors or inspectors appointed by the City provided such directions and instructions are consistent with the obligations of this Agreement. 4.05. Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. Form Revised on 7-10-12 Contract No. 16300587 Page 4 5. INDEPENDENT CONTRACTOR 5.01. In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. 5.02. The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the work and fulfillment of this Agreement. The subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project during the progress of the work a competent Project Manager and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.03. Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the work by the Contractor. It shall be the responsibility of the Contractor to furnish a completed work product that meets the requirements of the City. Any additional work, material, or equipment needed to meet the intent of this specification shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.04. Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the work are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the work and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01. It is understood and agreed that the Contractor has, by careful examination, studied and compared the various Drawings and other Contract Documents, satisfied itself as to the nature and location of the Form Revised on 7-10-12 Contract No. 16300587 Page 5 work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the work, the time needed to complete the work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any work on the Project that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02. Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the City, but it is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03. If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST-AGREEMENT AWARD MEETINGS 9.01. Prior to the commencement of the work, the parties shall meet and attend a post-agreement award meeting at the time and place determined by City's Representative. At the post-agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post-agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Schedules of work contemplated, including the starting and ending date, as well as an indication of the completion of stages of work hereunder. (b) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. Form Revised on 7-10-12 Contract No. 16300587 Page 6 9.02. The City's Representative, within five (5) working days after the initial post-agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to the economy of the Project; provided, however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this Agreement, the plans and specifications, and within the time of completion designated in the schedules agreed upon by the parties. 10.02. Further, the parties shall be subject to the following: (a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Agreement at the initial post-agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list 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 the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor’s schedules and updates to Contractor’s schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor’s schedules. Approval of a contractor’s schedules does not constitute a commitment by the City to furnish any City-furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance Form Revised on 7-10-12 Contract No. 16300587 Page 7 with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04. Work Stoppage. If in the judgment of either the City or City's Representative any of the work or materials furnished is not in strict accordance with this Agreement or any portion of the work is being performed so as to create a hazardous condition, they may, in their sole discretion, order the work of the Contractor or any sub contractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01. Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off-site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02. The Contractor shall be responsible for all power, light, and water required to perform the work. 11.03. Throughout the progress of the work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04. Layout of Work. Except as specifically provided herein, the Contractor shall lay out all work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all work in accordance with the plans and specifications. 11.05. Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have been provided by the City’s Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06. Contractor's Structures. The building or locating of structures for housing men or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. Form Revised on 7-10-12 Contract No. 16300587 Page 8 11.07. The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.08. City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. Although Contractor should anticipate some delays and interference to its sequence of Work because of work by other contractors and utilities, and will not be entitled to either an extension of time or additional compensation because of them, in the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.09. When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work at the Project site be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01. Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes, manufacturer’s instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References to standards, codes, manufacturer’s instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. 12.02. All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other Form Revised on 7-10-12 Contract No. 16300587 Page 9 agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03. Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04. Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05. Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01. The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. Form Revised on 7-10-12 Contract No. 16300587 Page 10 13.02. The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the work will be ready for observation. 13.03. The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the plans, specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if the work is in accordance with the plans, specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04. City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor’s insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01. All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02. If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01. The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02. Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Form Revised on 7-10-12 Contract No. 16300587 Page 11 Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01. The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Contract. The Contractor shall issue exemption certificates to its suppliers and Subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State Comptroller’s Ruling No. 95-0.07 and shall be subject to the provision of the State Comptroller’s Ruling No. 95-0.09, effective October 1, 1969. 16.02. Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require. This schedule, unless objected to by the City, shall be used as a basis for reviewing the Contractor’s Applications for Payment. On or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or modification, a statement showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the work. 16.03. Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery of all close out documents, such as “as built” drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04. Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. 16.05. If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06. Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re-stocking charges actually incurred by the Form Revised on 7-10-12 Contract No. 16300587 Page 12 Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07. The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09. Unless otherwise provided in the Contract Documents: (a) allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; (c) whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Paragraph 16.9(a) and (2) changes in the Contractor’s costs under Paragraph 16.9(b). 16.10. Suspension of Payments. The City, at any time, may suspend monthly progress payments on the work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated to Contractor’s surety to withhold payment pursuant to the provisions of this Paragraph. 16.11. Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work. (b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (e) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (g) City's determination of an amount of liquidated damages. (h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. Form Revised on 7-10-12 Contract No. 16300587 Page 13 (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. Provided, however, City is in no way obligated to Contractor’s surety to withhold payment pursuant to the provisions of this Paragraph. 17. EXTRA WORK CHARGES 17.01. No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02. For "Extra Work", as defined in Paragraph 1.07 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original contract price may not be increased by more than twenty -five percent (25%). Written change orders that do not exceed twenty -five percent (25%) of the original contract amount may be made or approved by the City Manager or his delegate if the change order is less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor’s requested change order and Contractor’s failure to include any such cost shall act to Waive and Release any claim for such non included cost. 17.03. The Contractor shall complete all work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the work shall not excuse the Contractor from performing all the work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the work and the Contractor shall assume and pay the costs of the performance of the work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Form Revised on 7-10-12 Contract No. 16300587 Page 14 Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost of the work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, worker's compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned manloading to actual manloading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent Form Revised on 7-10-12 Contract No. 16300587 Page 15 an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01. The date of beginning, the time for Substantial Completion and Final Completion of work as specified in this Agreement are of the essence of this Agreement. 18.02. The work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post-award conference. 18.03. The work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid 90 calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04. The work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01. The Contractor shall notify City's Representative when, in the Contractor's opinion, the contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the work has been Substantially Completed, City's Representative shall inspect the work for the preparation of a final punch list. (a) If City's Representative and the City find that the work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02. The Substantial Completion of the work shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01. Contractor shall notify the City's Representative when it believes that the work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02. The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03. Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the work. Form Revised on 7-10-12 Contract No. 16300587 Page 16 21. DELAYS 21.01. The Contractor, in undertaking to complete the work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02. The City may, in its sole discretion, delay the work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the work. 21.03. In the event of delays resulting from changes ordered in the work by the City or other delays caused by the City or for the City’s convenience, the Contractor may apply to the City for recovery of incidental damages resulting from increased storage costs or other costs necessary to protect the value of the work. In no event shall any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the work has been delayed by one or more of the following: (1) an act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (2) by changes ordered in the work, or reductions thereto approved in writing; (3) by "rain days" (days with rainfall in excess of one-tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (4) by other causes that the City and the Contractor agree may reasonably justify delay and that were beyond the Contractor’s reasonable control and ability to estimate, predict, or avoid, such as delays caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the Contractor’s proposal or decision to bid. If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01. The time for the Substantial and Final Completion of the work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty Form Revised on 7-10-12 Contract No. 16300587 Page 17 in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02. As a result of the difficulty in estimation, calculation and ascertainment of City’s damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of ONE HUNDRED FIFTY and 00/100 DOLLARS ($150.00) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01. The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02. The Contractor shall take the necessary precautions to protect any areas adjacent to its work. 24.03. The work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01. Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (l) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02. All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03. This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04. Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. Form Revised on 7-10-12 Contract No. 16300587 Page 18 25.06. Defective Work Discovered During Warranty Period. If any of the work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (l) year after the date of the issuance of a certificate of Final Completion of the work or a designated portion thereof, whichever is longer, or within one (l) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly correct the defective work at no cost to the City. 25.07. After receipt of written notice from the City to begin corrective work, the Contractor shall promptly begin the corrective work. The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08. If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09. The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (l) year after the installation or completion. The one (l) year warranty shall cover all work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01. Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02. Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03. The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04. No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05. Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by Form Revised on 7-10-12 Contract No. 16300587 Page 19 the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06. Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01. The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth in Exhibit B. 28. BOND PROVISIONS 28.01. Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City’s discretion, such bonds shall be executed in accordance with all requirements of Article 7.19-1 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit C, together with valid original powers of attorney, at the time of execution of this Agreement and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit C. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02. The Contractor may make such changes and alterations as the City may require in the work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned, in accordance with the provisions of Article 17. Form Revised on 7-10-12 Contract No. 16300587 Page 20 29. SURETY 29.01. If the Contractor has abandoned the Project or the City has terminated the contract for cause and the Contractor’s Surety, after notice demanding completion is sent, fails to commence the completion of the work in compliance with this Agreement, then the City at its option may provide for completion of the work in either of the following manners: 29.01.01. The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. 29.01.02. The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City’s damages due to Contractor’s abandonment and/or default, including liquidated damages, as provided pursuant to Paragraph 38, entitled “TERMINATION FOR CAUSE” shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02. Should the cost to complete the work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated 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 at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03. In the event the account shows that the cost to complete the work is less than that which would have been the cost to City had the work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. Form Revised on 7-10-12 Contract No. 16300587 Page 21 30.03. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01. All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief". 31.02. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. 31.03. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04. Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in Paragraph 31.07, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined at Paragraph 31.07). In the event Contractor engages in any of the activities prohibited in this Paragraph 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from the activities prohibited in this Paragraph 31.04. 31.05. In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06. City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07. For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which are defined as a hazardous Form Revised on 7-10-12 Contract No. 16300587 Page 22 substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with this Paragraph 31.07 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Tex. Health & Safety Code Ann. §756.022-023 (Vernon 1992), as amended, and the requirements of 29 C.F.R., Sections 1926.650 through 1926.653 inclusive, “Excavation, Trenching and Shoring,” of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the “competent person” required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01. CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THIS CONTRACT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED Form Revised on 7-10-12 Contract No. 16300587 Page 23 BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02. The indemnifications contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the City for such damage. (b) The Contractor shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) The Contractor shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The Contractor shall also be responsible for the removal of all related debris. (f) The Contractor shall also be responsible for subcontractors hired by it. (g) The Contractor shall indemnify, hold harmless, and defend the City from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 34. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their Form Revised on 7-10-12 Contract No. 16300587 Page 24 employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. 35. PERMITS AND LICENSES The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work. 36. ROYALTIES AND LICENSING FEES The Contractor shall pay all royalties and licensing fees. The Contractor shall hold the City harmless and indemnify the City from the payment of any royalties, damages, losses or expenses including attorney's fees for suits, claims or otherwise, growing out of infringement or alleged infringement of patents, materials and methods used in the Project. It shall defend all suits or claims for infringement of any patent rights. Further, if the Contractor has reason to believe that the design, service, process, or product specified is an infringement of a patent, it shall promptly give such information to City's Representative. 37. BREACH OF CONTRACT & DAMAGES 37.01. The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02. Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety at any time for any of the following: 38.01. If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law Form Revised on 7-10-12 Contract No. 16300587 Page 25 for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or 38.02. If a receiver, trustee, or liquidator of any of the property or income of the Contractor shall be appointed; or 38.03. If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or 38.04. If the Contractor shall fail to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or 38.05. If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or 38.06. If the Contractor abandons the Work. 38.07. If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01. The performance of the work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the work itself or by others, pursuant to the foregoing, then the Contractor and/or Contractor’s surety will reimburse City for all costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01. After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work Form Revised on 7-10-12 Contract No. 16300587 Page 26 (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Representative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred; and/or 42. TERMINATION CONVERSION Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Paragraph 39 and Contractor’s remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39. 43. HIRING During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE The effective date of this contract shall be the date of award of the contract. 46. OTHER TERMS 46.01. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best Form Revised on 7-10-12 Contract No. 16300587 Page 27 efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.03. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.04. Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.05. Mediation. After receipt of a Notice of Claim, the Owner may elect to refer the matter to the Architect, Owner's Representative or another party for review. Contractor will attend meetings called to review and discuss the Claims and mitigation of the problem, and shall furnish any reasonable factual backup for the Claim requested. The Owner may also elect to defer consideration of the Claim until the Work is completed, in which case the same review options shall be available to the Owner at the completion of the Work. At any stage, the Owner, at its sole discretion, is entitled to refer a Claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a Claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under Owner's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.06. Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.07. Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.08. Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this contract. 46.09 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.10. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to Form Revised on 7-10-12 Contract No. 16300587 Page 28 have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.11. Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.12. Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.13. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.14. Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. PALOMARES CONSTRUCTION, INC. Form Revised on 7-10-12 Contract No. 16300587 CITY O.F COLLEGE STATION By:. ____________ _ City Manager Date: ______ _ APPROVED: City Attorney Date: _____ _ Assistant City Manager/CFO Date: _____ _ Page29 Form Revised on 7-10-12 Contract No. 16300587 Page 30 Exhibit A DAVIS BACON WAGE RATES EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT fOR LABORERS AND MECHANICS EMPLOYED ON fEDERAL OR fEDERALLY ASSISTED CONSTR UCTION PROjECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING WAGES OVERTIME ENFORCEMENT APPRENTICES PROPER PAY You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform. You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor’s Wage and Hour Division. 1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627 WWW.WAGEHOUR.DOL.GOV U.S. Department of Labor Employment Standards Administration Wage and Hour Division WH 1321(Revised April 2009) For additional information: General Decision Number: TX160016 01/08/2016 TX16 Superseded General Decision Number: TX20150016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures)......................$ 12.56 ELECTRICIAN......................$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb...............$ 12.94 Structures..................$ 12.87 LABORER Asphalt Raker...............$ 12.12 Flagger.....................$ 9.45 Laborer, Common.............$ 10.50 Laborer, Utility............$ 12.27 Pipelayer...................$ 12.79 Work Zone Barricade Servicer....................$ 11.85 Page 1 of 5 8/5/2016http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0 PAINTER (Structures).............$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor........$ 12.69 Asphalt Distributor.........$ 15.55 Asphalt Paving Machine......$ 14.36 Boom Truck..................$ 18.36 Broom or Sweeper............$ 11.04 Concrete Pavement Finishing Machine...........$ 15.48 Crane, Hydraulic 80 tons or less.....................$ 18.36 Crane, Lattice Boom 80 tons or less................$ 15.87 Crane, Lattice Boom over 80 tons.....................$ 19.38 Crawler Tractor.............$ 15.67 Directional Drilling Locator.....................$ 11.67 Directional Drilling Operator....................$ 17.24 Excavator 50,000 lbs or Less........................$ 12.88 Excavator over 50,000 lbs...$ 17.71 Foundation Drill, Truck Mounted.....................$ 16.93 Front End Loader, 3 CY or Less........................$ 13.04 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe..............$ 14.12 Mechanic....................$ 17.10 Milling Machine.............$ 14.18 Motor Grader, Fine Grade....$ 18.51 Motor Grader, Rough.........$ 14.63 Pavement Marking Machine....$ 19.17 Reclaimer/Pulverizer........$ 12.88 Roller, Asphalt.............$ 12.78 Roller, Other...............$ 10.50 Scraper.....................$ 12.27 Spreader Box................$ 14.04 Trenching Machine, Heavy....$ 18.48 Servicer.........................$ 14.51 Steel Worker Reinforcing.................$ 14.00 Structural..................$ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker......................$ 16.00 TRUCK DRIVER Lowboy-Float................$ 15.66 Off Road Hauler.............$ 11.88 Single Axle.................$ 11.79 Single or Tandem Axle Dump Truck.......................$ 11.68 Tandem Axle Tractor w/Semi Trailer.....................$ 12.81 Page 2 of 5 8/5/2016http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0 WELDER...........................$ 15.97 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which Page 3 of 5 8/5/2016http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0 these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request Page 4 of 5 8/5/2016http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0 review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION � Page 5 of 5 8/5/2016http://www.wdol.gov/wdol/scafiles/davisbacon/TX16.dvb?v=0 Form Revised on 7-10-12 Contract No. 16300587 Page 31 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. Form Revised on 7-10-12 Contract No. 16300587 Page 32 Exhibit B INSURANCE REQUIREMENTS During the term of this Agreement Contractor’s insurance policies shall meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Umbrella / Excess Liability – required for contract amounts exceeding $1,000,000 D. Workers' Compensation E. Builder’s Risk – provides coverage for contractor’s labor and materials for a project during construction that involves a structure such as a building or garage. builder’s risk policy shall be written on “all risks” form. II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. E Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. F. The City of College Station, its officials, employees and volunteers, are to be named as “Additional Insured” to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. Form Revised on 7-10-12 Contract No. 16300587 Page 33 E. The coverage shall include but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service’s Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00. V. Excess Liability Umbrella form excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the contract, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. VI. Those policies set forth in Paragraphs III, IV, and V shall contain an endorsement naming the City as Additional Insured and further providing that the Contractor’s policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. VII. Workers Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy: either directly through their employer’s policy (the Contractor’s or subcontractor’s policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be Form Revised on 7-10-12 Contract No. 16300587 Page 34 used. B. Workers compensation insurance shall include the following terms: 1. Employer’s Liability minimum limits of $1,000,000.00 for each accident/each disease/each employee are required. 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: “A. Definitions: Certificate of coverage (“certificate”) – An original certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers’ compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (“subcontractors” in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. 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. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. Form Revised on 7-10-12 Contract No. 16300587 Page 35 E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) 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 (2) 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. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental 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. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, 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. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) 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 of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) 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; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 Form Revised on 7-10-12 Contract No. 16300587 Page 36 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 (7) 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. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. 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 receipt of notice of breach from the governmental entity.” VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverages according to requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Form Revised on 7-10-12 Contract No. 16300587 Page 37 Exhibit C PERFORMANCE AND PAYMENT BONDS PEIU~OlThL\NCE BOND THE STATE OF TEXAS THE COUNTY CW BR:\/':OS § § § Bond No: PB 11509800958 Project No._C_D_-_8_0_1_0 ________ _ KNO\\' ALL MEN BY TIIEST•'. PREST•'.NTS: THAT WE, Palomares Construction, Inc. , as Principal, hereinafter called "Contractor" and the other subscriber hereto Philadelphia Indemnity Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Two Hundred Three Thousand Pour IIundred Sixty Nine and 00/100 Dollars($ 203,469.00) for the payment of which sum, well and trulv to be made to the City of College Station and its successors, the said Contractor and Surety do bind then1selves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in 'vriting ,,1.th the City of College Station for 2016 CDBG Sidewalk Project (Construction of sidewalks on portions of Cross Street, Eisenhower Street, Live Oak Street and San Saba Drive); Contract No. 16300587 all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of ·which arc made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then thi~ obligstion shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its represcntstiYcs from the exercise of any diligence whatever in securing compliance on the part of the Contractor \vi th the terms of the Contract, including the making of payments thereunder and, having fully considered its Ptincipal's competence to perfonn the Contract in the underwriting of this Performance Bond, the Surety hereby \vaives any notice wit of any deErnlt, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in aU matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty days from the acceptance of the \York is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount ow1.ng under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, Vv1thout notice to the Surety, to make any change in the Contract Documents and in the \'York to be done thereunder, as provided in the Contract, and in the term~ and conditions thereof, or to make any change in, addition to, or ckduction frrnn the "vork to be done thetcunder; and that such changes, if 1nade, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom .. It is further expressly sgrccd and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection \Vi th the work done by the Contractor under the Contract. In the event that the City of College Station shall bring Form Revised on 7-10-12 Contract No. 16300587 Page 38 any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the Citv the actual amounts of attorneys' fees incurred bv the citv in connection \vi.th such suit. .; ,! ,! .; This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or perrnitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a enited State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Contractor and Surety have signed and scaled this instrument on the respective dates written below their signatures and have attached current Power of Attorney. :\TTL-'.ST and SIL\L: (if a corporation) \vITNESS: (if not a corporation) By: ~~l?AA«>s Name: l\i.JillflA-~S Title: i\lmfrl . Ass l S IA.Jl;t- A'ITES'f/Wl'INESS (SEAL) (SEAI,) 1. ~ By: ,,£.i<~c..e. ) 2L2AL:/~"-. I Name: Diane Brown Title: Administrative Assistant Date: December 8, 2016 REVIEWED: City Attorney's Office Palomares Construction, Inc. Narnc: Jesse Pal .. ·Title: Vice President Date: December 8, 2016 Philadelphia Indemnity Insurance Company (Full Name of Surety) One Bala Plaza Suite 100 (Address of Surety f(Jr Notice) Bala Cynwyd, Pennsylvania 19004 Bv: ; TI IE FOREGOING BOND IS ACCEPTED ON BEHALF OF TIIE CI1Y OF COLLEGE STATION, TEXAS: City Manager NOTE: Date of bonds must be equal to or afrer the date of execution b_v City. Form Revised on 7-10-12 Contract No. 16300587 Page 39 Bond No: PB 11509800958 TEX.~S STATUTORY PAYMENT BOND Project N o.__::C::....:D=----=8:...::0'--'-1_:::0 ________ _ TIIE STATE 0 F TEX.~S lCNOW ALL l'vIEN BY THESE PRESENTS: THE•'. COUNTY OF BRAZOS THAT WE, Palomares Construction, Inc. , as Principal, hereinafter called "Principal" and the other subscriber hereto Philadelphia Indemnity Insurance Company , a corporation organized and existing under the laws of the State of Pennsylvania , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety'', do hereby acknowledge ourselves to be held and firmly bound to the Citv of College Station, a municipal corporation, in the sum of 'l\vo Hundred Three Thousand Four Hundred Sixty Nine and 00/JOO Dollars($ 203.469.00) for payrnentwhereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 8th dav of Cross December 201 G, for 2016 CDBG Sidewalk Project (Construction of sidewalks on portions of Eisenhower Live Oak Street and San Saba Contract No. 16300587 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be 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 of the Texas Government Code and all liabilities on this bond shall be determined in accordance "rith the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Form Revised on 7-10-12 Contract No. 16300587 Page 40 ATrEST and SK\L: (if a corporation) WITNESS: (if not a corporation) /\T"TES' f /\\'ITNESS (SEAL) By: Name: Diane Brown Title: Administrative Assistant Date: December 8, 2016 REVIE\VED: City J\ttorncy's Office (SEAL) Palomares Construction, Inc. (Name of Contractor) Bv /~ L !Ziµ~&- . ...,, ~an~c: Jesse Palomares Title: Vice President Date: December 8, 2016 Philadelphia Indemnity Insurance Company (l,'ull Name of Surety) One Bala Plaza, Suite 100 (Address of Surety for Notice) Bala Cynwyd, Pennsylvania 19004 By: :\fame: Fred A. Thetford, Jr. Title: Attorney-in-Fact Date: December 8, 2016 TllE FORP-GOING BOND IS ACCEPTED ON BEHALF OF TIIE cnY OF COLLEGE STATION, TEXAS: City Manager NOTE;J)ate of bonds must be equal to or after the date of execution by City. Form Revised on 7-10-12 Contract No. 16300587 Page 41 3713 PHILAOELPHIA INOEMNITY ll\SVRAl\iCE COMPAl\iY One Bala Plaza, Suite l 00 Bond No: PB 11509800958 Bala Cynwyd. PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCI~ COMl'A'.\Y (the Company), a corporation organized and cxistmg under the laws of the Commonwealth of Pennsylvania. docs hereby constitute and appoint .Jared Young, Fred A. Thetford, .Jr., Tobin Tucker, Tom Young and Fred A. Thrtford, Ill of Contract Bond Agency, LLC., its true and lawli.il Attorney-in-fact with fi.111 authority to cxccule on its behalf bonds, undertakings, recognizances and other contracts of indemnity and wnttngs obligatory in the nature thereof issued in the course of its business and to bind the Company thereby, in an amount noi to exceed S25,000,000.00 This Power of J\ttorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PlllLADELPHlA INDFMNITY INSURANCE COMPANY at a meeting duly called the l '1 day of July, 2011 RESOLVED: Fl'.RTHER RESOLVED: That the Board of Directors hereby authori7.cs the President or any Vice President of the Company to: (I) Appoint Attorncy(s) in Fae\ and authorize the Attorncy(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other \\1·itings obligatory m the nature thereof and to attach the seal of the Company thereto; and (2) Lo remove, at any time, any such Attorney-in-fact and revoke lhc authunty given. And, be it That the signatures of such officers and the seal orthc Company may be affixed to any such Power of Attorney or ce11ificate relating thereto by facsimile, and any such Power of J\ttorncy so executed and ccrt1Jled hy facsimilr signatures and facsimile seal shall be valid and binding upon the Company in the future with the respect to any bond or undertaking to \vhich 11 is attached IN TESTIMONY WI IEREOF. Pl llLADLLPIHJ\ INDEMNITY INSURANCE COMPJ\NY I !AS CJ\USLD Tll!S INSTRUMENT TO BF SIGNED AND ITS CORPORA lT SEAl .TO BE AHIXED BY ITS AUTHORIZI:D OFFICE THIS IO'H DAY OF JCNE 2013. (Seal) Robe1i D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 1 O'" day of June 2013. before me came the individual who executed the preceding instrument, lo me personally known. and being by me duly sworn said that he is the therein described and authorized officer of\hc PlHLAl)ELPlllA INDEM'.\lTY TNSl;RA'.\'CE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Pub I ic residing at: Bala Cvmwd. Pi\ (Notai·y Seal) l\1y commission expires Dec.ember 18. 2016 I, Edward Sayago, Corporate Secretary of' PHILADELPI l!A INDEMNITY INS URAN CL COMPANY, do herby certify that the foregoing resolution of the Board of D1m;tors and this Power of Attorney issued pursuant there lo on this 10 111 day of.Tune 2013 true and correct and arc still in llill force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of J\ttorney as President was on the dare of execution of the attached Power of Attorney the duly elected President of PlllLADELPl!IA INDEMNITY !NSURANCI: COMPANY, Jn Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Co111pany this 8th day of December ' 2016. [dvvard Sayago, Corporate Secretary Pll!LADELP!l!A !NDEM\ITY i\SURANCF: COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-877 -438-7 459 You may also write Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439. You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATIACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de para informacion o para someter una queja al: 1-877 -438-7 459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TOI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y nose convierte en parte o condicion del documento adjunto. Form Revised on 7-10-12 Contract No. 16300587 Page 42 Exhibit D CERTIFICATES OF INSURANCE AND ENDORSEMENTS INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 11/08/2016 The Nitsche Group 143 East Austin Giddings, TX 78942-3299 979 542-3666 Joyce Paulk 979 540-2291 Palomares Construction, Inc. 402 Eden Lane Bryan, TX 77803 Cincinnati Insurance Company Markel Insurance Company 10677 38970 A X X X PD Ded:1,000 EPP0047710 11/11/2016 11/11/2019 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A X X X EBA0047710 11/11/2016 11/11/2017 1,000,000 A X X X 0 EPP0047710 11/11/2016 11/11/2019 3,000,000 3,000,000 B Y MWC001762805 11/11/2016 11/11/2017 X 1,000,000 1,000,000 1,000,000 As per policy provision, Certificate Holder is listed as Additional Insured in regard to the General Liability policy as provided by Blanket Additional Insured endorsement when required by written contract. A Blanket Waiver of Subrogation endorsement is provided to the Certificate Holder in regard to the General Liability and Workers Compensation policies as per policy provision when required by written contract. City of College Station Attn: Buyer, Purchasing Division P.O. Box 9960 College Station, TX 77842 1 of 1 #S672011/M671299 PALOMCONClient#: 1156 046 1 of 1 #S672011/M671299 Form Revised on 7-10-12 Contract No. 16300587 Page 43 Exhibit E TECHNICAL SPECIFICATIONS AND PLANS Form Revised on 7-10-12 Page 1 Form Revised on 7-10-12 Page 2 Form Revised on 7-10-12 Page 3 Form Revised on 7-10-12 Page 4 Form Revised on 7-10-12 Page 5 Form Revised on 7-10-12 Page 6 Approved – 8/2012 B/CS Unified Specifications 1 Section 32 16 13 Concrete Curb and Gutter SECTION 32 16 13 CONCRETE CURB AND GUTTER PART 1 - GENERAL 1.1 DESCRIPTION A. This item shall consist of Reinforced CONCRETE CURB AND GUTTER constructed on approved subgrade in conformity with the lines and grades established by the City Engineer. CONCRETE CURB AND GUTTER shall also be in accordance with the standard section, specifications and ordinances for sidewalks adopted by the city in which CONCRETE CURB AND GUTTER is to be placed. 1.2 MEASUREMENT AND PAYMENT A. Concrete curb and gutter shall be measured by the linear foot of length when complete and in place. B. The work performed and the materials furnished and measured shall be paid for at the contract unit price bid for concrete curb and gutter. This shall include full compensation of all materials, labor, tools, equipment and incidentals necessary to complete the work. Payment will not be made for unauthorized work. 1.3 SUBMITTALS See SECTION 03 30 00 - CONCRETE. PART 2 – PRODUCTS 2.1 MATERIALS This item shall consist of a mixture of reinforcing steel, coarse aggregate, fine aggregate, cement and water. The mixture shall conform to SECTION 03 30 00 - CONCRETE. 2.2 TESTING REQUIREMENTS See SECTION 03 30 00 - CONCRETE. PART 3 – EXECUTION 3.1 CONSTRUCTION METHODS A. CONVENTIONALLY FORMED CONCRETE: Shape and compact subgrade, foundation, or pavement surface to the line, grade and cross section shown on the plans. Lightly sprinkle subgrade or foundation material immediately before concrete placement. Pour concrete into forms, and strike off with a template ¼ to 3/8 inches less than the dimensions of the finished curb unless otherwise approved. After initial set, plaster surface with mortar consisting of 1 part hydraulic cement and 2 parts fine aggregate. Brush exposed surfaces to a uniform texture. Form Revised on 7-10-12 Page 7 Approved – 8/2012 B/CS Unified Specifications 2 Section 32 16 13 Concrete Curb and Gutter B. EXTRUDED OR SLIP FORMED CONCRETE: Hand tamp and sprinkle subgrade or foundation material before concrete placement. Provide clean surfaces for concrete placement. If required, coat cleaned surfaces with approved adhesive or coating at the rate of application shown on the plans or as directed. Place concrete with approved self- propelled equipment. The forming tube of the extrusion machine or the form of the slip form machine must be easily adjustable vertically during the forward motion of the machine to provide variable heights necessary to conform to the established grade line. Attach a pointer or gauge to the machine so that a continual comparison can be made between the extruded or slip form work and the grade guideline. Other methods may be used when approved. Finish surfaces immediately after extrusion or slip forming. C. JOINTS: Unless otherwise shown on the plans, the walk shall be cut transversely with a jointing tool every ten (10) feet after the concrete has been thoroughly worked and has sufficiently set. Expansion joints shall be located every forty (40) feet. D. CURING: After the finished concrete has sufficiently set, it shall be covered with burlap and kept wet for a period of four (4) days. As an alternate the concrete may be cured by the application of a clear membrane seal coat that will retain 85% of the original mixing water at the end of three (3) days. E. CLEANUP: After the construction work has been completed, the Contractor shall remove all debris, trash, excess materials, forms, stakes, empty sacks, etc. occasioned by his work from the premises. The site shall be left with a neat appearance. All excavation shall be backfilled and all excess excavated materials shall be disposed of. END OF SECTION Form Revised on 7-10-12 Page 8 Approved – 8/2012 B/CS Unified Specifications 1 Section 32 16 13.01 Concrete Sidewalk SECTION 32 16 13.01 CONCRETE SIDEWALK PART 1 - GENERAL 1.1 DESCRIPTION This item shall consist of Reinforced Concrete Sidewalk constructed on approved subgrade in conformity with the lines and grades established by the City Engineer. Sidewalks shall also be in accordance with the standard section, specifications and ordinances for sidewalks adopted by the city in which sidewalk is to be placed. 1.2 MEASUREMENT AND PAYMENT A. Concrete sidewalk shall be measured by the square foot of surface area when complete and in place. B. The work performed and the materials furnished and measured shall be paid for at the contract unit price bid for concrete sidewalk. This shall include full compensation of all materials, labor, tools, equipment and incidentals necessary to complete the work. Payment will not be made for unauthorized work. 1.3 SUBMITTALS See SECTION 03 30 00 - CONCRETE. PART 2 – PRODUCTS 2.1 MATERIALS This item shall consist of a mixture of reinforcing steel, coarse aggregate, fine aggregate, cement and water. The mixture shall conform to SECTION 03 30 00 - CONCRETE. 2.2 TESTING REQUIREMENTS See SECTION 03 30 00 - CONCRETE. PART 3 – EXECUTION 3.1 GENERAL A. The subgrade shall be excavated and fine graded to a true grade. Any backfill shall be watered and tamped well ahead of the placing of the concrete. If dry, the subgrade shall be sprinkled immediately before depositing any concrete. Forms shall be metal or wood, free of warp and of a depth equal to the depth of the concrete. They shall be secured and accurately staked to line and grade and held in a true position during the placing of the concrete. Expansion joints of an approved material shall be used between the sidewalk and all abutting concrete. Placement of concrete may begin after the subgrade is thoroughly compacted and the forms, expansion joints (where necessary) and reinforcing steel are in place. The concrete shall be thoroughly worked with a flat spade or similar tool along the forms as the pouring continues to insure the absence of honeycombs. No concrete over thirty (30) Form Revised on 7-10-12 Page 9 Approved – 8/2012 B/CS Unified Specifications 2 Section 32 16 13.01 Concrete Sidewalk minutes old or retempered concrete shall be used. After the placing of the concrete has sufficiently advanced, the concrete shall be struck off flush with the forms. Then the concrete shall be worked with a wooden float to flush excess mortar to the surface. All exposed corners are to be edged or rounded to the radius shown on the Plans. B. Unless otherwise shown on the plans, the walk shall be cut transversely with a jointing tool at a width equal to the sidewalk width after the concrete has been thoroughly worked and has sufficiently set. Expansion joints shall be located every forty (40) feet. C. After the finished concrete has sufficiently set, it shall be covered with burlap and kept wet for a period of four (4) days. As an alternate the concrete may be cured by the application of a clear membrane seal coat that will retain 85% of the original mixing water at the end of three (3) days. D. After the construction work has been completed, the Contractor shall remove all debris, trash, excess materials, forms, stakes, empty sacks, etc. occasioned by his work from the premises. The site shall be left with a neat appearance. All excavation shall be backfilled and all excess excavated materials shall be disposed of. END OF SECTION Form Revised on 7-10-12 Page 10 Approved – 8/2012 B/CS Unified Specifications 1 Section 32 17 23.23 Reflectorized Pavement Markers SECTION 32 17 23.23 REFLECTORIZED PAVEMENT MARKERS (RPMs) PART 1 - GENERAL 1.1 DESCRIPTION This item shall govern for the furnishing and installing of raised reflectorized pavement markers (RPMs) at locations designated on the plans or as directed by the Engineer. 1.2 MEASUREMENT AND PAYMENT A. Pavement markers will be measured as each pavement marker complete and in place. B. The price shall be full compensation for furnishing all materials, all preparation and installation, all labor, equipment, tools and incidentals necessary to complete the work. PART 2 – PRODUCTS 2.1 MATERIALS A. The RPMs shall be conform to Item No. 672, Texas Department of Transportation’s Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, June 2004; provided, however, that all buttons used on any one project shall be of the same material and same manufacture. B. The base of the marker shall be flat (the deviation from a flat surface shall not exceed 1/16 inch), and designed to be bonded to either asphaltic or portland cement concrete pavement, with an approved adhesive meeting the requirements stated in Test Method TEX-611-J. 2.2 OPTICAL REQUIREMENTS The specific intensity of each reflective surface shall not be less than the following values when tested at a 0.2 angle of divergence and when the incident light is parallel to the base of the marker. Horz. Ent. Angle Crystal Amber Red 4 degrees 3.00 2.00 0.75 20 degrees 1.50 1.00 0.30 A. ANGLE OF INCIDENCE: The angle of incidence is the angle formed by a ray from the light source to the marker, and normal to the leading edge of the marker face. B. ANGLE OF DIVERGENCE: The angle of divergence is the angle formed by a ray from the light source to the marker, and the returned ray from the marker to the measuring receptor. Form Revised on 7-10-12 Page 11 Approved – 8/2012 B/CS Unified Specifications 2 Section 32 17 23.23 Reflectorized Pavement Markers C. SPECIFIC INTENSITY: The specific intensity is the mean candle power of the reflected light at a given incidence and divergence angle for each foot candle at the reflector on a plane perpendicular to the incident light. (Test Method TEX-842-B) 2.3 STRENGTH REQUIREMENTS The markers shall comply with the adhesion requirements of Test Method TEX-611-J. The marker shall withstand a falling-ball impact of 5 (five) feet without breaking, cracking or being significantly deformed when tested according to Test Method TEX-430-A. The marker shall show no change in shape or color when subjected to the requirements of Test Method TEX-846-B. The temperature shall be 140° F with the marker in a vertical position. 2.4 MARKER TYPES The color and number of reflective surfaces of the buttons or markers shall be as designated in the Plans and Specifications. 2.5 SAMPLING Should any of the specimens selected for strength testing, as specified in the section, "Strength Requirements", fail to comply with the strength requirements of this specification; five (5) additional specimens will be tested. The failure of any one of these five (5) specimens shall be cause for the rejection of the entire lot or shipment represented by the sample. PART 3 – EXECUTION 3.1 GENERAL The RPMs shall be placed in accordance with the plans or as directed by the Engineer. The pavement surface shall be prepared by buffing, grinding, or other methods approved by the Engineer. After preparation, the surface must be free of dirt, grease, oil, moisture, loose unsound pavement, and any other material, which would adversely affect the bond of the adhesive. The wet epoxy or bituminous material shall be applied so that 100% of the bonding area of the button will be in contact and shall be of sufficient thickness so that the excess adhesive shall be forced out around the perimeter of the button. When the project is complete, the button shall be firmly bonded to the pavement. Lines formed by the buttons shall be true, and the entire installation shall present a neat appearance. END OF SECTION Form Revised on 7-10-12 Page 12 Approved –8/2012 B/CS Unified Specification 1 Section 34 41 13 Signage SECTION 34 41 13 SIGNAGE PART 1 - GENERAL 1.1 DESCRIPTION A. Provide all products, equipment, transportation, protection and labor required to construct and install warning, regulatory, directional, entrance and information signage, including sign posts and associated hardware, as shown on the plans, or as directed by the City. 1.2 MEASUREMENT AND PAYMENT A. Signage will be paid for per each unit sign. All sign components (substrate, sheeting, post, support, mounting hardware, etc.) will not be measured or paid for directly but will be subsidiary to each unit sign. This compensation shall include all labor, materials, equipment and incidentals necessary to complete the work. The signage to be installed includes warning, regulatory, directional, entrance and information types. 1.3 SUBMITTALS A. Shop Drawings: Show shop drawings, not necessarily to scale, but sufficient enough in detail to show color, wording, lettering size and style, overall sign size, construction details and installation details for each type of sign. PART 2 - PRODUCTS 2.1 SIGN SUBSTRATE A. Sign substrate (except street name signs) shall meet requirements for ASTM B 209 and have the following thicknesses: 0.080” for signs less than 7.5 sq. feet, 0.100” for signs 7.5 to 15 sq. feet, and 0.125” for signs greater than 15 sq. feet. B. For street name signs in the areas governed by the City of College Station, contact the city’s Planning and Development Services Department for the requirements and standards. C. In the City of Bryan, all street name signs shall be green unless otherwise specified or located within the bounds of Sims Street to the east, Texas Avenue to the west, Martin Luther King Boulevard to the north, and E. 29th Street to the south, where street name signs shall be brown and include the Downtown Bryan logo as provided by the City of Bryan Traffic Department. 2.2 SIGN SHEETING A. All sign sheeting materials shall meet the requirements of ASTM D 4956 Type, as follows: 1.Red background – ASTM Type VII, VIII, IX, or X (or TxDOT Type D), with ASTM Type III or IV (TxDOT Type C) legend/border 2.White background – ASTM Type III or IV (TxDOT Type C), with black acrylic legend/border Form Revised on 7-10-12 Page 13 Approved –8/2012 B/CS Unified Specification 2 Section 34 41 13 Signage 3.Fluorescent Yellow-Green background – ASTM Type VII, VIII, IX, or X (TxDOT Type E), with black acrylic legend/border (school-related warning signs) 4.Green, Brown, Blue backgrounds – ASTM Type III or IV (TxDOT Type C), with white ASTM Type VII, VIII, IX, or X (TxDOT Type D) legend/border 2.3 SIGN POST A. All sign posts shall be 13 BWG galvanized steel tubing (as per ASTM 123 or ASTM A653 G210), and have 2.375” outside diameter and 0.095” nominal wall thickness. In the City of Bryan, posts shall be black powder-coated when specified and in the City of College Station, posts shall always be bronze powder-coated. Painted or spliced posts are not acceptable. Posts shall be seamless steel tubing, with 50,000 PSI minimum yield strength, and 70,000 PSI minimum tensile strength. Length shall be determined as per Texas MUTCD sign height requirements. All sign posts shall be delineated with a 12-inch retroreflective strip (yellow or red) as per Section 2A.21 of the Texas MUTCD. 2.4 SIGN SUPPORT A. For the City of Bryan, sign supports shall meet crashworthy requirements of NCHRP 350, and unless otherwise specified, shall be the steel “Wedge Anchor System”, except for when sign is in the TxDOT right-of-way. Signs located within TxDOT right-of-way shall be the “Triangular Slipbase System” as shown on TxDOT standard detail SMD(Slip-1)-08. B. City of College Station shall require, as shown on the TxDOT standard details, the Triangular Slipbase System” on collectors and above and the “Wedge Anchor Systems” on local streets. 2.5 MISCELLANEOUS A. Use galvanized steel, stainless steel, or dichromate-sealed aluminum for bolts, nuts, washers, lock washers, screws, and other sign assembly hardware. Use plastic or nylon washers to avoid tearing the sheeting material. PART 3 - EXECUTION 3.1 INSTALLATION A. Erect signs in their designated locations, as indicated and in accordance with the approved shop drawings and the applicable requirements of DOT Section 645. B. Examine proposed sign location, mark with stake and seek City representative’s approval before installation. C. Protect surfaces and finishes from abrasion and other damage during handling and installation. D. Replace damaged or faulty signs. END OF SECTION Form Revised on 7-10-12 Page 14 City of College Station - Purchasing Division Bid Tabulation for #16-097 "2016 CDBG Sidewalk Project" Open Date: Wednesday, August 31, 2016 @ 2:00 p.m. 1 Mobilization, Bonds, and Insurance EA 1 $2,000.00 $2,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 2 Provide Temporary Traffic Control EA 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $1,600.00 $1,600.00 $4,000.00 $4,000.00 3 Install Concrete Sidewalk (4" Thickness)SY 228 $63.00 $14,364.00 $72.00 $16,416.00 $68.00 $15,504.00 $54.00 $12,312.00 4 Install Dowels for Connection to Existing Sidewalk EA 2 $50.00 $100.00 $50.00 $100.00 $100.00 $200.00 $500.00 $1,000.00 5 Install Bermuda Grass Sod Including Watering SY 206 $15.00 $3,090.00 $6.00 $1,236.00 $9.00 $1,854.00 $7.00 $1,442.00 6 Provide Site Grading and Cleanup Including Top Soil Replacement EA 1 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $700.00 $700.00 $8,000.00 $8,000.00 1 Mobilization, Bonds, and Insurance EA 1 $3,100.00 $3,100.00 $2,500.00 $2,500.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 2 Provide Temporary Traffic Control EA 1 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $600.00 $600.00 $5,000.00 $5,000.00 3 Remove Existing Concrete (curb & gutter)LF 38 $10.00 $380.00 $30.00 $1,140.00 $17.00 $646.00 $60.00 $2,280.00 4 Remove Existing Concrete (all flatwork)SY 60 $27.00 $1,620.00 $25.00 $1,500.00 $41.00 $2,460.00 $60.00 $3,600.00 5 Install Concrete Sidewalk (4" thickness)SY 267 $45.00 $12,015.00 $72.00 $19,224.00 $75.00 $20,025.00 $54.00 $14,418.00 6 Install Concrete Driveway Pavement (4" thickness)SY 20 $50.00 $1,000.00 $90.00 $1,800.00 $187.00 $3,740.00 $70.00 $1,400.00 7 Install Concrete Commercial Driveway Pavement w/ Monolithic Curb (6" thickness)SY 39 $60.00 $2,340.00 $99.00 $3,861.00 $118.00 $4,602.00 $90.00 $3,510.00 8 Install Ambulatory Ramp (all types)EA 6 $1,200.00 $7,200.00 $1,350.00 $8,100.00 $1,200.00 $7,200.00 $1,500.00 $9,000.00 9 Install Dowels for Connection to Existing Sidewalk EA 2 $50.00 $100.00 $50.00 $100.00 $100.00 $200.00 $500.00 $1,000.00 10 Adjust Water Valve Box Flush to New Pavement EA 4 $150.00 $600.00 $250.00 $1,000.00 $90.00 $360.00 $250.00 $1,000.00 11 Relocate signs/obstructions EA 1 $200.00 $200.00 $250.00 $250.00 $350.00 $350.00 $550.00 $550.00 12 Install TXDOT Type C1 Curb LF 56 $50.00 $2,800.00 $25.00 $1,400.00 $46.00 $2,576.00 $50.00 $2,800.00 13 Provide Tree Protection and Root Pruning by Licensed Arborist EA 3 $500.00 $1,500.00 $750.00 $2,250.00 $500.00 $1,500.00 $750.00 $2,250.00 14 Install Bermuda Grass Sod Including Watering SY 225 $15.00 $3,375.00 $6.00 $1,350.00 $9.00 $2,025.00 $7.00 $1,575.00 15 Provide Site Grading and Cleanup Including Top Soil Replacement EA 1 $4,000.00 $4,000.00 $2,500.00 $2,500.00 $1,200.00 $1,200.00 $9,000.00 $9,000.00 Extension $42,730.00 Description Unit Quantity Unit Price Extension Palomares Construction, Inc. $26,554.00 BASE BID Cross St. Cross Street Construction Cost Subtotal Eisenhower St. Eisenhower Street Construction Cost Subtotal Item No.Description Unit Quantity Unit Price Item No. Texcon General Contractors Unit Price Extension $36,754.00 Unit Price Extension $59,484.00 $69,383.00 Feldman Plumbing Co. Unit Price Extension $31,858.00 Unit Price Extension $33,252.00 Unit Price Extension $48,475.00 Battery Warehouse Unit Price Extension City of College Station - Purchasing Division Bid Tabulation for #16-097 "2016 CDBG Sidewalk Project" Open Date: Wednesday, August 31, 2016 @ 2:00 p.m. Palomares Construction, Inc.Texcon General ContractorsFeldman Plumbing Co.Battery Warehouse 1 Mobilization, Bonds, and Insurance EA 1 $5,100.00 $5,100.00 $4,000.00 $4,000.00 $12,000.00 $12,000.00 $12,000.00 $12,000.00 2 Provide Temporary Traffic Control EA 1 $2,200.00 $2,200.00 $2,000.00 $2,000.00 $600.00 $600.00 $8,000.00 $8,000.00 3 Install Storm Water Pollution Prevention Elements EA 1 $2,000.00 $2,000.00 $3,500.00 $3,500.00 $250.00 $250.00 $3,500.00 $3,500.00 4 Remove Existing Concrete (curb & gutter)LF 113 $10.00 $1,130.00 $25.00 $2,825.00 $5.00 $565.00 $40.00 $4,520.00 5 Remove Existing Concrete (all flatwork)SY 168 $27.00 $4,536.00 $20.00 $3,360.00 $30.00 $5,040.00 $25.00 $4,200.00 6 Install Concrete Sidewalk (4" thickness)SY 363 $48.00 $17,424.00 $72.00 $26,136.00 $81.00 $29,403.00 $54.00 $19,602.00 7 Install Concrete Commercial Driveway Pavement w/ Monolithic Curb (6" Thickness)SY 149 $60.00 $8,940.00 $99.00 $14,751.00 $85.00 $12,665.00 $60.00 $8,940.00 8 Install Ambulatory Ramp (all types)EA 9 $1,200.00 $10,800.00 $1,350.00 $12,150.00 $1,200.00 $10,800.00 $1,500.00 $13,500.00 9 Install Dowels for Connection to Existing Sidewalk EA 2 $150.00 $300.00 $100.00 $200.00 $100.00 $200.00 $500.00 $1,000.00 10 Remove and reconstruct existing 6' curb inlet EA 1 $500.00 $500.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00 11 Adjust Water Valve/Meter Box Flush to New Pavement EA 2 $150.00 $300.00 $250.00 $500.00 $100.00 $200.00 $650.00 $1,300.00 12 Install TXDOT Type C1 Curb LF 60 $50.00 $3,000.00 $30.00 $1,800.00 $46.00 $2,760.00 $50.00 $3,000.00 13 Install Concrete Curb and Gutter (B/CS Detail ST1-01)LF 16 $20.00 $320.00 $100.00 $1,600.00 $55.00 $880.00 $94.00 $1,504.00 14 Provide Tree Protection and Root Pruning by Licensed Arborist EA 5 $500.00 $2,500.00 $750.00 $3,750.00 $500.00 $2,500.00 $750.00 $3,750.00 15 Install Bermuda Grass Sod Including Watering SY 260 $15.00 $3,900.00 $6.00 $1,560.00 $9.00 $2,340.00 $7.00 $1,820.00 16 Provide Site Grading and Cleanup Including Top Soil Replacement EA 1 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $1,200.00 $1,200.00 $10,000.00 $10,000.00 Item No.Description Unit Quantity Unit Price Extension Live Oak St. Live Oak Street Construction Cost Subtotal $67,950.00 Bid Proposal Summary (Base Bid)$137,234.00 Unit Price Extension $85,403.00 Extension $99,636.00 $205,773.00 Unit Price $176,745.00 Unit Price Extension $85,632.00 $167,359.00 City of College Station - Purchasing Division Bid Tabulation for #16-097 "2016 CDBG Sidewalk Project" Open Date: Wednesday, August 31, 2016 @ 2:00 p.m. Palomares Construction, Inc.Texcon General ContractorsFeldman Plumbing Co.Battery Warehouse 1 Mobilization, Bonds, and Insurance EA 1 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $12,000.00 $12,000.00 $16,500.00 $16,500.00 2 Provide Temporary Traffic Control EA 1 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 3 Remove Existing Concrete (all flatwork) SY 349 $27.00 $9,423.00 $20.00 $6,980.00 $41.00 $14,309.00 $25.00 $8,725.00 4 Install Concrete Sidewalk (4" Thickness)SY 429 $48.00 $20,592.00 $72.00 $30,888.00 $71.00 $30,459.00 $54.00 $23,166.00 5 Install Concrete Driveway Pavement (4" Thickness)SY 349 $50.00 $17,450.00 $81.00 $28,269.00 $93.00 $32,457.00 $54.00 $18,846.00 6 Install Dowels for Connection to Existing Sidewalk EA 2 $50.00 $100.00 $100.00 $200.00 $100.00 $200.00 $500.00 $1,000.00 7 Remove Trees EA 2 $200.00 $400.00 $1,900.00 $3,800.00 $450.00 $900.00 $750.00 $1,500.00 8 Adjust Water Valve Box Flush to New Pavement EA 9 $150.00 $1,350.00 $250.00 $2,250.00 $90.00 $810.00 $250.00 $2,250.00 9 Provide Tree Protection and Root Pruning by Licensed Arborist EA 1 $500.00 $500.00 $1,000.00 $1,000.00 $500.00 $500.00 $750.00 $750.00 10 Install Bermuda Grass Sod Including Watering SY 228 $15.00 $3,420.00 $6.00 $1,368.00 $12.00 $2,736.00 $7.00 $1,596.00 11 Provide Site Grading and Cleanup Including Top Soil Replacement EA 1 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $14,000.00 $14,000.00 12 Irrigation Repair/Relocation Allowance LS 1 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 $15,000.00 $15,000.00 Additional Notes: - A bid was received from Larry Young Paving, but was not accepted because they had not attended the mandatory pre-bid meeting. Description Unit Quantity Unit Price Extension San Saba Drive Construction Cost Subtotal $66,235.00 Item No. Bid Certification Bid Bond ALTERNATE BID San Saba Dr. Unit Price Extension $107,333.00 $313,106.00 $102,371.00 $279,116.00 Y Y Y Unit Price ExtensionUnit Price Extension $86,755.00 $254,114.00 Y Y Y Notes Line 4 of the alternate bid was miscalculated by the vendor. The corrected amount is highlighted in blue. Y Y Y Exhibit 5 Y Y Y TOTAL BASE BID + ALTERNATE $203,469.00 2016 CDBG Sidewalk Projects Cross St.Live Oak St. Eisenhower St. San Saba St. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0727 Name:Fuel Renewal Status:Type:Presentation Consent Agenda File created:In control:10/31/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion on renewing the annual contract for gasoline and diesel fuel (Contract #15-006) with Brenco Marketing Corporation (Bryan, TX) for one (1) year; and authorize the annual estimated expenditures of $900,000. Sponsors:Mary Ellen Leonard Indexes: Code sections: Attachments:Brenco Renewal 2 Action ByDate Action ResultVer. Presentation,possible action,and discussion on renewing the annual contract for gasoline and diesel fuel (Contract #15-006)with Brenco Marketing Corporation (Bryan,TX)for one (1)year;and authorize the annual estimated expenditures of $900,000. Relationship to Strategic Goals:Goal I.1. Spending taxpayer money efficiently. Recommendation(s):Staff recommends approval of the renewal of the contract and authorize estimated annual expenditures totaling $900,000.00 to Brenco Marketing Corporation.The contract has firm fixed prices for profit and delivery,allowing the City to pay cost (which fluctuates)plus markup.The terms and conditions of the original agreement remain unchanged for the renewal term.The annual estimated expenditures are based on historical annual fuel usage and expenses. Summary:Texas A&M University formally solicited bids for gasoline and diesel fuel for itself and on behalf of several local agencies including:City of College Station,City of Bryan,Brazos County,Bryan ISD and College Station ISD.Six (6)sealed bids were received and opened on August 1,2014.Brenco Marketing Corporation’s bid offered the best value meeting specifications. This renewal agreement will allow the City to renew the agreement for a term of one (1)year,December 19,2016 through December 20,2017.This is the second of four (4)renewal terms available.Fuel is placed in inventory and is available at two (2)locations:Public Works Fleet Operations and Public Utilities Warehouse. Budget &Financial Summary:Funds are available and budgeted in each fund.Expenses are charged to the appropriate fund/department as fuel is used. Reviewed and Approved by Legal:Yes. Attachments:Renewal Acceptance Letter College Station, TX Printed on 11/17/2016Page 1 of 1 powered by Legistar™ ---························-------------------------- RENEW AL ACCEPTANCE (2) By signing herewith, I acknowledge and agree to renew Contract No. 15-006, an annual price contract for diesel fuel and gasoline for the amount of $900,000.00 in accordance with all terms and conditions previously agreed to and accepted. I understand this renewal term will be for the period beginning December 19, 2016 through December 20, 2017. BRENCO MARKETING CORP. B ~~ Printed Narne:D.IJ'9!IL"D H ,~W Title: f'lle71/Jav/ Date : J0--25 -I '=- CITY OF COLLEGE STATION By: ____________ _ City Manager Date: ------- APPROVED: City Attorney Date: ------ Executive Director Business Services Date: ------ THE STATE OF TEXAS COUNTY OF BRAZOS § § § BEFORE ME, the undersigned authority, in and for said County and State, on this day personally appeared DONALD H. BROACH, known to me to be the person and officer whose name is subscribed to the foregoing instrument, as President of BRENCO Marketing Corp., a Texas corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity stated, and as the act and deed of said corporation. 2016. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ay of ~ CYMTHIA A MASSEY Notary ID II 125640360 My Commission Expires Marcll3t, 2018 N~.tf~ the State ofT E~ AS Printed Name: ~'?of-h \o. A. Wbss~ My Commission xpires: U ~/a1/1'K CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1 -4 and 6 if there are interested parties. Complete Nos. 1 , 2, 3, 5, and 6 if there are no interested parties. FORM 1295 1of1 OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Certificate Number: 2016-128539 Brenco Marketing Corp Bryan, TX United States Date Filed: ~2,,....~N~a-m_e_o~f~g-o_v_e-rn_m_e_n~t-a~le-n~t~it_y_o_r_s~ta~t-e_a_g-en_c_y_t~h-a~t~is_a __ p-art~y~to....,,th_e_c_o_n~t-ra-c~t~fo_r_w~hi~c~h~t~he~fo_r_m-.-is----110/25/2016 being filed. City of College Station Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 15-006 Gasoline and Diesel Fuel 4 Name of Interested Party 5 Check only if there is NO Interested Party. 6 A BRANDI WHITTENTON 12628200-2 Notary Public. State of Texas My Commission Expires DecemberS,2019 AFFIX NOTARY STAMP I SEAL ABOVE City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary I swear, or affirm , under penalty of perjury , that the above disclosure is true and correct. i P/2£:5 Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said :[)q..J,A.L D i--l, ·B/2.o~;-1' , this the ~ S71-J day of ():::._~ 20 / k , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer adm~istering oath Forms provided by Texas Ethics Commission www.ethics .state.tx.us Version Vl.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 -4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2016-128539 Brenco Marketing Corp Bryan, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/25/2016 being filed. City of College Station Date Acknowledge~ 10/26/2016 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract 15-006 Gasoline and Diesel Fuel 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. [R] 6 AFFIDAVIT I swear. or affirm. under penalty of perjury. that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said • this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Comm1ss1on www.eth1cs.state.tx.us Version Vl.0.277 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0730 Name:Screw Lift Pumps 1 & 4 Status:Type:Contract Consent Agenda File created:In control:11/1/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion concerning award of contract 17300007 in the amount of $580,400 to purchase and install replacement Screw Lift Pumps 1 & 4 at the Carters Creek Wastewater Treatment Plant. Sponsors:David Coleman Indexes: Code sections: Attachments:Bid Tab Action ByDate Action ResultVer. Presentation, possible action, and discussion concerning award of contract 17300007 in the amount of $580,400 to purchase and install replacement Screw Lift Pumps 1 & 4 at the Carters Creek Wastewater Treatment Plant. Relationship to Strategic Goals:Core Services and Infrastructure. Recommendation:Staff recommends approval of this contract. Summary:The Carters Creek Wastewater Treatment Plant has four very large tubular screw pumps that raise the raw wastewater into the headworks facility to allow the water to gravity flow through the treatment process. These pumps are very dependable and highly energy efficient. However, the screw lift pumps have been in service for over ten years and have begun to deteriorate and lose some effectiveness.They must be replaced in kind, because the configuration of the existing infrastructure makes it impractical to replace these pumps with pumps of a different configuration. Water Services has planned for replacement of two of the four screw lift pumps in FY17 and the other two in FY18. Invitation to Bid 17-004 was issued with a bid allowance for purchase of the two proprietary screw lift pumps. Two bids were received, $589,405 from MGC Contractors of New Braunfels, TX, and $580,400 from Bryan Construction of Bryan, TX. Bryan Construction is being recommended for award as the lowest responsive, responsible bidder. Budget & Financial Summary:Budget has been included in the Wastewater Capital Improvement Projects Fund for the replacement of two screw lift pumps in FY17. Replacement of the other two screw lift pumps is planned for FY18. Legal Review: Yes. College Station, TX Printed on 11/17/2016Page 1 of 2 powered by Legistar™ File #:16-0730,Version:1 Attachments: 1)Contract on file in the City Secretary’s Office 2)Bid tabulation. College Station, TX Printed on 11/17/2016Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #17-004 "Replacement of Two (2) Screw Lift Pumps at CCWWTP" Open Date: Tuesday, October 18, 2016 @ 2:00 p.m. Page 1 of 1 ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE CATEGORY 1 1 LS Mobilization, bonds and insurance $35,000.00 $35,000.00 $57,000.00 $57,000.00 2 1 LS Pump installation, complete and in place $151,995.00 $151,995.00 $139,000.00 $139,000.00 3 1 LS Allowance for purchase of City -preferred screw lift pumps $393,405.00 $393,405.00 $393,405.00 $393,405.00 TOTAL BASE BID Bid Certification Bid Bond Addenda Acknowledged Y Y Y Y 1,2 1,2 $589,405.00$580,400.00 NOTES: Bryan Construction Company Bryan, Texas MGC Contractors New Braunfels, Texas City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0747 Name:Concrete Flatwork, and Curb and Gutter Contract Renewal Status:Type:Renewal Consent Agenda File created:In control:11/7/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion regarding renewal of contract #15-036 to Brazos Paving, Inc. in an amount not to exceed $907,200 for concrete curb, gutter and flatwork installation. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Bid 14-092 Signed Concrete Flatwork Curb and Gutter Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding renewal of contract #15-036 to Brazos Paving,Inc.in an amount not to exceed $907,200 for concrete curb, gutter and flatwork installation. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the second of two possible renewals for contract #15-036 to Brazos Paving, Inc. in the amount not to exceed $907,200. Summary: Sealed bids for RFB #14-092 were opened on September 23, 2014, with two bids received from Vox Construction LLC. and Brazos Paving, Inc. Vox Construction LLC was the lowest responsible bidder, but due to extenuating circumstances they requested to withdraw their bid. Brazos Paving, Inc. was the only other bidder. Contract unit pricing is $29.40 per linear foot and $462 per cubic yard, which reflects the same pricing as the first renewal. Maintenance of flatwork, curb and gutters is contracted on an as needed basis by the Public Works Department and College Station Utilities. This is the second of two possible renewals. The renewal term will be for the period beginning December 1, 2016 through November 30, 2017. Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for the Concrete Curb, Gutter and Flatwork Installation is available in the Street/Drainage Maintenance and Water Services operation budgets. Attachments: 1. Renewal acceptance letter College Station, TX Printed on 11/17/2016Page 1 of 1 powered by Legistar™ CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2016-131300 Brazos Paving, Inc. Bryan, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/01/2016 being filed. City Of College Station Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 15036 Annual Concrete Curb, Gutter, & Flatwork Repairs Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. '''"""'''' THoM.A:s ACAi.fLANoeRs $'\ ..... ~. ~(J• ''-:. ~ .Ql:"-{~;'*'~.~Notary Public, State of Texas ~ -;"'.-". .:~:: Comm. Expires 04-05-2020 -::.,:~;~,;~~~,,_.:-Notary ID 128944838 I ...... \ Signa(:1 of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE swom to Md '""'"ihed hefme me, by the <eid ~,\':ii ~,j* , this the \ day of "\\o>.>e~,( 20 \\o , to certify which, witness my hand and seal of ffice. ..... --·-·"'\, ·---} ~ ~ / ~-. ~\~ ~~\~ ---L ·--4' ••. ~ ~-.... ~ < -- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version Vl.0.277 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 11/01/2016 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Brazos Paving, Inc. Bryan, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City Of College Station Annual Concrete Curb, Gutter, & Flatwork Repairs 15036 2016-131300 11/01/2016 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Signature of officer administering oath 6 AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Title of officer administering oath I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Sworn to and subscribed before me, by the said _____________________________________, this the ____________ day of ______________, 20________, to certify which, witness my hand and seal of office. AFFIDAVIT Printed name of officer administering oath Check only if there is NO Interested Party.5 X Version V1.0.277www.ethics.state.tx.usForms provided by Texas Ethics Commission October 26, 2016 ATTN: Martin Jackson Brazos Paving, Inc. P.O. Box 714 Bryan, TX 77806 CITY OF COLLEGE STATION Home University• RE: Renewal 2-Bid 14-092, Contract 15-036 Annual Concrete Curb, Gutter and Flatwork Repairs Dear Mr. Jackson, The City of College Station appreciates the services provided by Brazos Paving, Inc. this past year. We would like to exercise our option to renew the above referenced contract for the term of December 1, 2016 through November 30, 2017. If this meets with your company's approval, please complete the following renewal agreement and return it no later than Wednesday, November 2, 2016 via e-mail to hpavelka@cstx.gov or via fax (979-764-3899). Please follow up by mailing three (3) original signed copies to my attention at the following address: Sincerely, ;JWW~~ Heather Pavelka Buyer Attachment City of College Station Purchasing Division PO Box 9960 College Station, TX 77842 PO Box 9960 TX 77842 ----------------------------------------------------- RENEWAL ACCEPTANCE lo By signing herewith, I acknowledge and agree to renew Bid 14-092, Contract 15-03t for Annual Concrete Curb, Gutter and Flatwork Repairs, in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Nine Hundred Seven Thousand Two Hundred and Noll 00 Dollars ($907,200.00). Line Item Pricing Remove and Replace Concrete Curb and Gutter Remove and Replace Concrete Flatwork $29 .401 Ln Ft $462.00/Cubic Yd I understand this renewal term will be for the period beginning December 1, 2016 through November 30, 2017. This is the second of two possible renewals. BRAZOS PAVING, INC. ~~:tN~L\4-- Title: V~' Date: \ D \ -z.. <.. \ \ c.o CITY OF COLLEGE STATION By: ____________ _ City Manager Date: ------- APPROVED: City Attorney Date: ------ Assistant City Manager/CFO Date: ------ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0753 Name:License to Encroach – 15612 Long Creek Lane Status:Type:Resolution Consent Agenda File created:In control:11/10/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion regarding a Resolution authorizing a License Agreement with Pitman Custom Homes, LP allowing an approximately 0.0022 acre encroachment into a public utility easement located at Lot 4A, Block 2, Section 7, Phase 2, Creek Meadows Subdivision, according to the amending plat recorded in Volume 13225, Page 187 of the Official Records of Brazos County, Texas. Sponsors:Carol Cotter Indexes: Code sections: Attachments:VicinityMap LocationMap Resolution Exhibit A Exhibit B Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a Resolution authorizing a License Agreement with Pitman Custom Homes, LP allowing an approximately 0.0022 acre encroachment into a public utility easement located at Lot 4A, Block 2, Section 7, Phase 2, Creek Meadows Subdivision, according to the amending plat recorded in Volume 13225, Page 187 of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: A portion of the southeast side of the house built at 15612 Long Creek Lane encroaches into a 10-foot wide Public Utility Easement (PUE). A Private Drainage Easement is also present in this location and follows the same limits as the PUE. The encroachment does not conflict with any utilities in the PUE and consent has been granted by all franchised utilities. The Creek Meadows HOA has also provided consent to the encroachment into their Private Drainage Easement. Approval of the attached Resolution will cure the defect in the title to the property. Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 11/17/2016Page 1 of 2 powered by Legistar™ File #:16-0753,Version:1 1.Vicinity Map 2.Location Map 3.Resolution 4.Exhibit A 5.Exhibit B College Station, TX Printed on 11/17/2016Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4779807&GUID=E9173541-34D6-4C16-ABAB-2774994508AA[11/17/2016 12:20:29 PM] View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4779808&GUID=9B1F7579-188A-4C20-8521-F53FEE08AEBF[11/17/2016 12:20:35 PM] RESOLUTION NO.___________ A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, PITMAN CUSTOM HOMES, LP PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 4A, BLOCK 2, CREEK MEADOWS SUBDIVISION, SECTION 7, PHASE 2, MORE COMMONLY KNOWN AS 15612 LONG CREEK LANE, INTO THE EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroa ch into a utility easement; WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; WHEREAS, in order for a license to be granted by the City Council of the City of College Station, the Council must make certain findings of facts; WHEREAS, after hearing the application of Pitman Custom Homes, LP to encroach into the easement, the City Council of the City of College Station, finds the following facts: 1. That through no fault of the present property owner, a portion of the structure was constructed in the utility easement. 2. That there are no utilities which would be interfered with by the utilization of the property in its present status. 3. That there are no utilities which would interfere with the utilization of the property in its present status. 4. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. 5. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the structure was constructed within the easement through no fault of the present property owner and that it is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property right of the applicant. Resolution No.____________ Page 2 of 6 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to him; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with Pitman Custom Homes, LP pertaining to the encroachment of a portion of a structure located at Lot 4A, Block 2, Creek Meadows Subdivision, Section 7, Phase 2, more commonly known as 15612 Long Creek Lane into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this ______ day of ____________________________, 2016. ATTEST: APPROVED: ____________________________ ___________________________________ City Secretary Mayor APPROVED: ____________________________ City Attorney LICENSE AGREEMENT THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by Pitman Custom Homes, LP (hereinafter referred to as "LICENSEE"), owner of Lot 4A, Block 2, Section 7, Creek Meadows Subdivision, College Station, Texas, according to the plat recorded in Volume 13225, Page 187 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 4A, Block 2, Section 7, Creek Meadows Subdivision, College Station, Texas, to encroach upon the easement, as shown on Exhibit "B" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above- described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or Resolution No. _____Exhibit A Page 3 of 6 E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the ________ day of ______________________, 2016. APPROVED: APPROVED: PITMAN CUSTOM HOMES, LP CITY OF COLLEGE STATION, LICENSEE LICENSOR BY:______________________________ BY:________________________________ Pitman Custom Homes, LP Mayor ATTEST: ____________________________________ City Secretary STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of ________________, 2016, by ___________________________________, as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. ____________________________________ Notary Public in and for the State of T E X A S STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of _______________________, 2016, by ______________________ as __________________ of ________________________, on behalf of said ____________________. ____________________________________ Notary Public in and for the State of Texas Resolution No. _____Exhibit A Page 4 of 6 METES AND BOUNDS DESCRIPTION 0.0022 ACRES Being a tract of land containing 0.0022 acres, and being across Lot 4A, Block 2, of the Amending Plat of Creek Meadows, Section 7, Phase 2, Vol. 13225, Page 187, of the Brazos County Official Records (B.C.O.R.). All bearings of this survey are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83(2011) Epoch 2010, as surveyed on the ground on September 14th 2016. This description is also referred to the plat prepared by ATM Surveying, Project No. 2016- 0300, and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap marked "KERR 4502" found for the east corner of said Lot 4A, also being the north corner of the Creek Meadows Partners LP called 8.839 acre tract, as recorded in Vol. 7068, Page 220, also being a point on the southwest right-of- way line of Long Creek Lane(50’ R.O.W.); THENCE across said Lot 4A, South 60°50’41” West, a distance of 33.10 feet to a point for corner for the PLACE OF BEGINNING; THENCE South 41°17’12” West, a distance of 51.96 feet to a point for corner; THENCE North 48°42’34” West, a distance of 3.16 feet to a point for corner; THENCE North 44°07’32” East, a distance of 52.03 feet to a point for corner; THENCE South 48°31’18” East, a distance of 0.58 feet to the PLACE OF BEGINNING containing 0.0022 acres. Adam Wallace Texas Registered Professional Land Surveyor No. 6132 16-0300-Long Creek -15612-Variance-LEGAL 9-14-2016 Exhibit BResolution No. ____Page 5 of 6 Resolution No. ____Page 6 of 6 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0752 Name:Annual Review - Comprehensive Plan and Unified Development Ordinance Status:Type:Presentation Agenda Ready File created:In control:11/10/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Public Hearing, presentation, possible action, and discussion on the annual review of the Comprehensive Plan and the annual review of the Unified Development Ordinance (UDO). Sponsors:Jessica Bullock, Jenifer Paz Indexes: Code sections: Attachments:Annual Review Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion on the annual review of the Comprehensive Plan and the annual review of the Unified Development Ordinance (UDO). Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Improving Mobility ·Sustainable City Recommendation(s):Staff recommends that the Council accept the annual review and provide any direction, as desired, to aid staff in continued implementation of the Comprehensive Plan. Summary:The Unified Development Ordinance and Comprehensive Plan both call for an annual review of the respective document.The attached review is organized by project type and assesses significant actions and accomplishments during the past year that further implementation of the Plan. The annual review of the Unified Development Ordinance and Comprehensive Plan is part of an on- going effort to keep the documents current and relevant. Budget & Financial Summary: N/A Attachments: 1.2016 Annual Review of the Comprehensive Plan and Unified Development Ordinance College Station, TX Printed on 11/17/2016Page 1 of 2 powered by Legistar™ File #:16-0752,Version:1 College Station, TX Printed on 11/17/2016Page 2 of 2 powered by Legistar™ The Comprehensive Plan & Unified Development Ordinance A Review of 2016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTENTS Evaluation & Appraisal Report ..........................2 Neighborhood, District & Corridor Plans ..................3 Master Plans .......................................6 Projects in Progress.................................10 Unified Development Ordinance........................11 Vision Statement ...................................12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . This year’s annual review includes an overview of major Comprehensive Plan initiatives. Yearly reviews are performed to ensure that the Comprehensive Plan remains relevant and to identify any changes necessary to accommodate College Station’s future growth. 2 Comprehensive Plan Evaluation & Appraisal Report Progress in FY16: • Text amendments to the Comprehensive Plan approved • Future Land Use & Character Map amendments to 3 areas recommended by Sub-Committee • Chapter 8 - Growth Management and Capacity amended based on recommendations by Annexation Task Force • Land use inventory presented and continued by staff • Non-Residential Architectural Standards revisions adopted • Single-Family parking requirements with platting amended WEB WEB Five-Year Comprehensive Plan Evaluation & Appraisal Report September 2014 As called for in the Comprehensive Plan, a five-year evaluation and appraisal report was prepared in 2014 evaluating the existing Plan and assessing its success in achieving the Community’s goals. The purpose was to serve as a “check-up” on the Comprehensive Plan by identifying successes and shortcomings, considering changing conditions, and recommending appropriate modifications. PDF 3 MAP MAP MAP Comprehensive Plan Neighborhood, District & Corridor Plans Central College Station Adopted June 2010* Progress in FY16: • Final year of plan implementation • Construction completed along Normand Drive from Rock Prairie Road to Ponderosa Drive . . . . . . . * Received the Long Range Planning Award from CTxAPA in 2010 Eastgate Neighborhood Adopted June 2011 Progress in FY16: • Completed sidewalk on one side of Dominik Dr. from Stallings Dr. to Munson Ave. • Completed Eisenhower St. extension between Lincoln Ave. and Ash St. • Bike lanes and sidewalk on one side with the construction of Eisenhower St. from Lincoln Ave. to Ash St. • Bike route signage on Eisenhower St. from University Dr. to Ash St. • Sidewalk design completed on one side of Eisenhower St. (University Dr. East to Ash St.) and one side of Live Oak St. (Texas Ave. S. to Eisenhower St.) • Nimitz St. rehabilitation under construction Southside Area Neighborhood Adopted September 2012 Progress in FY16: • Completed sidewalk on one side of Wellborn Rd. (Southwest Pkwy to Luther St.) • Completed bicycle and pedestrian improvements at Holleman Dr. and Eleanor St., George Bush Dr. and Dexter Dr., and George Bush Dr. and Timber St. • Preliminary design underway for the Neighborhood Safety Improvements Project in Southside Neighborhood Plan; includes addition of sidewalks on Park Place, Holik St., Glade St. and Anna St. WEB Goals of the Comprehensive PlanFuture Land Use and Character | Neighborhood Integrity | Economic Development | ParksMobility | Municipal Facilities & Community Services | Growth Management Neighborhood, District, and Corridor plans are small area plans that are focused on areas designated for further review in the Comprehensive Plan. These plans are intended to serve as action plans for specific areas that focus on the particular needs and opportunities of the area. WEB WEB WEB WEB 4 Goals of the Comprehensive PlanFuture Land Use and Character | Neighborhood Integrity | Economic Development | ParksMobility | Municipal Facilities & Community Services | Growth Management Neighborhood, District, and Corridor plans are small area plans that are focused on areas designated for further review in the Comprehensive Plan. These plans are intended to serve as action plans for specific areas that focus on the particular needs and opportunities of the area. Wellborn Community Plan Adopted April 2013 Progress in FY16: • WE Wellborn Estate, WRS Wellborn Restricted Suburban, and WC Wellborn Commercial zoning districts created and approved. • Greens Prairie Trail under construction between Wellborn Rd. and Royder Rd. • Royder Rd. design ongoing between Greens Prairie Trail and the new CSISD Middle School site South Knoll Area Neighborhood Plan Adopted September 2013 Progress in FY16: • Completed sidewalk on one side of Guadalupe Dr. from Langford St. to Nueces Dr. • Construction underway for sidewalk on one side of Langford St. from Haines Dr. to Guadalupe Dr. • Completed bicycle and pedestrian improvements at Holleman Dr. and Welsh Ave. MAP MAPWEB WEB Comprehensive Plan Neighborhood, District & Corridor Plans WEB WEB 5 WEB Comprehensive Plan Neighborhood, District & Corridor Plans Medical District Master Plan Adopted October 2012 Progress in FY16: • Construction underway for Lick Creek Nature Trail • Lakeway Dr. extensions in design and includes portion of Pebble Creek Pkwy • Rock Prairie Rd. reconstruction complete • Rock Prairie Rd. widening from State Hwy 6 to Medical Ave. under construction WEB WEB 6 Comprehensive Plan Bicycle, Pedestrian and Greenways Master Plan WEB Bicycle, Pedestrian and Greenways Master Plan Adopted January 2010 (2011 TxAPA Project Plan of the Year) Progress in FY16: • Free bike classes offered • Adopt-A-Greenway Program – 2 new areas adopted (16 total); 286 volunteers; 37.25 volunteer hours; 839 lbs. of trash collected • Buffered bike lanes became a part of street cross-sections in the Thoroughfare Plan. Buffered bike lanes are wider than a standard bike lane and provide greater separation between motor vehicles and bicyclists. • Completed sidewalk on one side of Guadalupe Dr. (Langford St. to Nueces Dr.); one side of Wellborn Rd. (Southwest Pkwy to Luther St.); and one side of Dominik Dr. (Stallings Dr. to Munson Ave.) • Completed bicycle and pedestrian improvements at Holleman Dr. and Eleanor St.; George Bush Dr. and Dexter Dr.; George Bush Dr. and Timber St.; and Holleman Dr. and Welsh Ave. • Construction underway for Lick Creek Greenway Trail and a sidewalk on one side of Langford St. from Haines Dr. to Guadalupe Dr. • Bike lanes added on Dartmouth St. (Holleman Dr. E. to Southwest Pkwy E.) • Bike lanes and sidewalk on one side added with construction of Eisenhower St. (Ash St. to Lincoln Ave.) • Buffered Bike Lanes added on Pebble Creek Parkway from William D. Fitch Parkway to Royal Adelade Drive • Bike route signage added on Eisenhower St. (University Dr. to Ash St.) • Design completed for sidewalk on one side of Cross St. (Dogwood St. to Nagle St.), one side of Eisenhower St. (University Dr. E. to Ash St.), and one side of Live Oak St. from Texas Ave. S. to Eisenhower St. • Preliminary design underway for the Neighborhood Safety Improvements Project in the Southside Neighborhood Plan. This includes the addition of sidewalks on Park Place, Holik St., Glade St. and Anna St. 653 acres of city-owned greenways 183 miles of CS sidewalks 47+ miles of CS bike lanes 13+ miles of CS trails WEB 7 Comprehensive Plan Water/Wastewater Master Plans WEB PDF PDF Water System Master Plan Adopted August 2010* Progress in FY16 (private and public): • SHWY 6 Water Line Phase I & II is currently under design • City Wide Water Impact Fees adopted • Cooling tower expansion completed• Sandy Point Pump Station Chemical Feed & Storage System completed • Groundwater Projection Well #9 can Collection line under design . . . . . . . * Water System Master Plan finalization is currently in process Wastewater System Master Plan Adopted June 2011* Progress in FY16 (private and public): • Wastewater Impact Fees adopted • Bee Creek Trunkline PHII design complete • Under design - Eastside sewer service extension, Carters Creek centrifuge and electrical improvements, Lick Creek generator replacement • Lick Creek Wastewater Treatment Plant capacity expansion funded . . . . . . . * Wastewater System Master Plan finalization is currently in process Joint Rehabilitation Projects Older neighborhoods, redevelopment areas Progress in FY16 (private and public): • Eastgate Utility Rehabilitation project under design in the vicinity of Texas Ave., Lincoln St., Walton Ave., and Francis Dr. • Munson Utility and Street Rehabilitation project under construction along Munson St. (Lincoln Ave. to Dominik Dr.) • Phase I & II of Francis Utility and Street Rehabilitation project under design along Francis Street (Glenhaven St. to Munson St.)• Nimitz Utility and Street Rehabilitation project under construction along Nimitz Dr., from Ash St. to Lincoln Ave.• Eisenhower Utility and Street Rehabilitation project complete • Graham Road Utility and Street Rehabilitation project complete WEB 8 Comprehensive Plan Parks and Recreation Master Plan WEB Parks and Recreation Master Plan Adopted July 2011 Progress in FY16: • Successfully hosted 68 athletic events including one national, three regional, and five state championships • Hosted 70 special events, including Christmas in the Park at Central Park, and Starlight Music Series (six concerts), Movies in the Park (six movies) and Trick- or-Treat at Wolf Pen Creek Park • Increased total number of park properties to 58, totaling 1,374 acres • Began renovations of playgrounds, surfaces and amenities at 22 parks • Completed a total renovation of the major water slide at Adamson Lagoon • Successfully expanded recreation program activities (250+) • Hosted and expanded the Brazos Valley Senior Games • Began Mayor’s Monarch Pledge campaign to “Save the Monarch Butterflies” • Began design of next phase of Veterans Park (2 synthetic turf athletic fields) • Began Master Plan for the future Southeast Community Park • Completed Master Plan and began design of the Fun-for-All Playground at Central Park • Received “Tree City USA” designation for the 25th consecutive year • Began construction of the Lick Creek Park nature center • Completed planning/design of Lincoln Recreation Center expansion • Continued design planning/process for an expansion of the Ringer Library • Continued process for Community Parkland purchase (111 acres) 250+ park programs offered in CS 58 parks 1,374 acres of parkland WEB 9 Comprehensive Plan Economic Development Master Plan WEB Economic Development Master Plan Adopted September 2013 Progress in FY16: • Fully staffed the newly reinstated Economic Development department. Staff members pursing professional IEDC accreditation. • Continued Medical District Master Plan and Spring Creek Technology Park implementation efforts: - Initiation of a working group with area Hospital Administration group - Completion of design of Lakeway and Pebble Creek extensions to provide a connection parallel to Earl Rudder Freeway between Scott & White and St. Joseph’s medical facilities- Worked with majority property toward creation of a Planned Development District zoning- City-initiated rezoning and utility master planning to prepare the initial Spring Creek properties for development. • Executed an ED agreement with ViaSat to locate in the BioCorridor. • Initiated a business attraction marketing strategy, including a video series featuring existing businesses. • Initiated Business Retention and Expansion efforts, including targeted site visits. • Continued discussions regarding community economic development with Texas A&M University, Texas A&M Engineering Experiment Station, and Texas A&M AgriLife Extension Service, Brazos County, and the City of Bryan on partnership opportunities in commercialization and recruitment efforts. • Awarded the bid for the 2017 Americas Competitiveness Exchange (ACE) International Program in cooperation with San Antonio, Austin, New Braunfels, Fredericksburg, and San Marcos. • Initiated creation of synthetic TIRZs in key locations that will provide infrastructure to continue development of infill areas. • Initiated creation of the College Station Business Council, a not-for-profit Economic Development entity. • Initiated a Retail Recruitment program: - Contract with Retail Coach to perform a gap analysis, detailed demographic analysis, and direct recruitment. - Development of specialized website/landing pages for potential retailers.- Direct recruitment of potential retailers including a presence at the state and national International Conference of Shopping Centers (ICSC). • Continued redevelopment efforts along University Drive to maximize property value. • Initiated commercial preservation strategies, including City-initiated rezonings, to preserve commercial development opportunities in key locations. • Continued work with the Research Valley Partnership: - Development of the Strategic Plan- Workforce Strategy Steering Committee PDF WEB 10 Comprehensive Plan Projects in Progress WEBStormwater Master Plan Initiated 2011 Progress in FY16: • Engineering firm retained to focus on drainage capacity/flood control projects on the public storm sewer systems and open channels. • Contract with USGS for two stream gauges to collect field measured stream data Thoroughfare Plan Update Completed December 2015 Project Scope: • Update thoroughfares to respond to existing conditions • Update street cross-sections • Simplify thoroughfare classifications and context class • Develop context sensitive design process Additional Progress in FY16: • Initiated the South College Station Mobility consultant contract • Initiated the Barron Road / Capstone realignment design contract and public engagement • Completed the Old Wellborn / Jones-Butler underpass / Luther extension analysis TMDL Implementation Plan Total Maximum Daily Load, Approved August 2012 (TCEQ), I-Plan, Approved September 2012 (EPA) Progress in FY16: • I-Plan update with the Year 4 updates included • MS4 permit renewed and current • Sanitary Sewer Overflow (SSO) initiative is active and being maintained • Outreach efforts including: UBIs, classroom lectures, PSAs, newsletters, and information on the official website at http://brazoscleanwater.org/ • Monitoring is occurring and levels look good • Active participation in the Navasota River TMDL discussions WEB 11 Unified Development Ordinance Amendments in Fiscal Year 2016 WEB WEB Single-Family Height Protection Ordinance #2016-3802, adopted Sept. 8, 2016 Revised single-family height protection to include WC district and exemption to non-conforming and agricultural uses, and redevelopment areas. Traffic Impact Analyses for Single-Family Development Ordinance #2016-3796, adopted Aug. 11, 2016 Removed the exemption for single-family residential development from the Traffic Impact Analysis (TIA) requirements and included a requirement that a TIA be provided with preliminary plan applications. Wellborn Zoning Districts Ordinance #2016-3792, adopted July 28, 2016 Created WE, WRS, and WC zoning based on Future Land Use & Character Map and Wellborn Community Plan. Multi-Family Parkland Dedication Amendment Ordinance #2015-3728, adopted Dec. 10, 2015 Revised multi-family parkland dedication and development fees assessed on the number of bedrooms, instead of the number of dwelling units. Northgate Amendments Ordinance #2015-3720, adopted Nov. 23, 2015 Allows the City’s Administrator flexibility regarding tree placement, sidewalk location, and screening requirements in Northgate. Mobile Food Vendor Courts Ordinance #2015-3708, adopted Oct. 8, 2015; Ordinance #2015-3716, amended Nov. 11, 2015 Allowed for short- and long-term siting and operation of multiple mobile food vendors in a court. College Station, the proud home of Texas A&M University and the heart of the Research Valley, will remain a vibrant, forward-thinking, knowledge-based community which promotes the highest quality of life for its citizens by: - Ensuring safe, tranquil, clean, and healthy neighborhoods with enduring character; - Increasing and maintaining the mobility of College Station citizens through a well planned and constructed inter-modal transportation system; - Expecting sensitive development and management of the built and natural environment; - Supporting well planned, quality, and sustainable growth; - Valuing and protecting our cultural and historical community resources; - Developing and maintaining quality cost-effective community facilities, infrastructure and services which ensure our City is cohesive and well connected; and, - Pro-actively creating and maintaining economic and educational opportunities for all citizens. College Station will continue to be among the friendliest and most responsive of communities and a demonstrated partner in maintaining and enhancing all that is good and celebrated in the Brazos Valley. It will continue to be a place where Texas and the world come to learn, live, and conduct business! City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0754 Name:PAE Abandonment for Caprock Crossing Status:Type:Ordinance Agenda Ready File created:In control:11/10/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.76 acre portion of a called 50-foot wide Public Access Easement as described in Volume 11019, Page 281 of the Official Public Records of Brazos County, Texas, said portion of easement lying in Lot 1R, Block 5, Greens Prairie Center, Phase 2A, and Lot 1A-R, Block 3, Caprock Crossing, according to the plat recorded in Volume 12687, Page 174 of the Official Public Records of Brazos County, Texas. Sponsors:Carol Cotter Indexes: Code sections: Attachments:Vicinity Map Location Map Ordinance Exhibit A Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.76 acre portion of a called 50-foot wide Public Access Easement as described in Volume 11019, Page 281 of the Official Public Records of Brazos County, Texas, said portion of easement lying in Lot 1R, Block 5, Greens Prairie Center, Phase 2A, and Lot 1A-R, Block 3, Caprock Crossing, according to the plat recorded in Volume 12687, Page 174 of the Official Public Records of Brazos County, Texas. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the ordinance. Summary: This Public Access Easement (PAE) abandonment will accommodate future development of the subject property. The PAE was originally intended to accommodate a Public Way, however, this portion of the Public Way is no longer needed so the developer has requested that the PAE be abandoned. The 0.76 acre portion of the 50’ PAE is located on Lot 1R, Block 5 of Greens Prairie Center, Phase 2A, and Lot 1A-R, Block 3 of Caprock Crossing as described in Volume 11019, Page 281 of the Official Public Records of Brazos County, Texas College Station, TX Printed on 11/17/2016Page 1 of 2 powered by Legistar™ File #:16-0754,Version:1 Budget & Financial Summary: N/A Attachments: 1.Vicinity Map 2.Location Map 3.Ordinance 4.Exhibit “A” College Station, TX Printed on 11/17/2016Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4779812&GUID=07A99161-2D86-4F09-87B1-231326160970[11/17/2016 12:20:55 PM] View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4779813&GUID=D7EF446E-D73C-4022-9D6C-525685D84663[11/17/2016 12:20:59 PM] ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.760 ACRE PORTION OF A CALLED 50.00 FOOT WIDE PUBLIC ACCESS EASEMENT AS DESCRIBED IN VOLUME 11019, PAGE 281 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID PORTION OF EASEMENT LYING IN LOT 1R, BLOCK 5, GREENS PRAIRIE CENTER, PHASE 2A, AND LOT 1A-R, BLOCK 3, CAPROCK CROSSING, ACCORDING TO THE PLAT RECORDED IN VOLUME 12687, PAGE 174 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 0.760 acre portion of a called 50.00 foot Public Access Easement as described as in Volume 11019, Page 281 of the Official Public Records of Brazos County, Texas, said portion of easement lying in Lot 1R, Block 5, Greens Prairie Center, Phase 2A, and lot 1A-R, Block 3, Caprock Crossing, according to the plat recorded in Volume 12687, Page 174 of the Official Public Records of Brazos County, Texas as described in Exhibit “A” attached hereto (such portion hereinafter referred to as the “Public Access Easement”); and WHEREAS, in order for the Public Access Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Access Easement described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the Public Access Easement will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the Public Access Easement. 3. There is no anticipated future public need or use for the Public Access Easement. 4. Abandonment of the Public Access Easement will not impact access for all public utilities to serve current and future customers. Ordinance No. _________ Page 2 of 5 PART 2: That the Public Access Easement as described in Exhibit “A” be abandoned and vacated by the City. PASSED, ADOPTED and APPROVED this _______ day of _________________, 2016 APPROVED: ____________________________________ Mayor ATTEST: ______________________________ SHERRY MASHBURN, City Secretary APPROVED: ______________________________ City Attorney Exhibit A Ordinance No. ______Page 3 of 5 Ordinance No. ______Page 4 of 5 Ordinance No. ______Page 5 of 5 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0739 Name:Appointments Status:Type:Appointment Agenda Ready File created:In control:11/2/2016 City Council Regular On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion regarding the appointment of Councilmembers to boards and commissions. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:Audit Committee Guidance 2015-2016 Council Appointed Reps Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the appointment of Councilmembers to boards and commissions. Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary:This is an opportunity for Councilmembers to consider whether they wish to continue serving on a particular board or if they want to try a new one.Also,retiring members are indicated with a yellow highlight on the attachment.Ty Elliott,Internal Auditor,will provide information on a proposed change to the Audit Committee. Budget & Financial Summary: None Attachments: 2015-2016 Governmental Entity/Community Council Representatives List College Station, TX Printed on 11/17/2016Page 1 of 1 powered by Legistar™ Association of Local Government Auditors ALGA Advocacy Committee The committee works to promote the value of independent performance auditing throughout the local government community. The committee provides professional resources and support to those in local government communities without audit functions, with new audit functions and with established audit functions. The committee also provides support for local government communities that are considering diminishing the capacity of the audit function. ALGA’s Mission ALGA is a professional organization committed to supporting and improving local government auditing through advocacy, collaboration, education, and training, while upholding and promoting the highest standards of professional ethics. ALGA Member Services 449 Lewis Hargett Circle Suite 290 Lexington, KY 40503 (859) 276-0686 www.algaonline.org Why establish an independent audit committee? Improve government accountability. Audit committees in the public sector help enhance accountability. Audit committees assist local legislatures in fulfi lling their governance and oversight responsibilities for the: • integrity of fi nancial information • suitability of internal controls • compliance with regulatory requirements • performance of government auditors • performance of audit fi rms engaged by the governing body Follow best practices. Audit committees play an important role in ensuring the quality of the annual audits, and ensuring that management implements audit recommendations. They also ensure that the audit function has suffi cient resources, competence, and independence from the executive branch to perform audits effi ciently and effectively. Ensure independence. Audit committees ensure that audit functions are empowered to report signifi cant issues to appropriate oversight authorities. The audit committee can prevent management interference with audits or suppression of audit fi ndings. Are audit committees required? Audit committees are required for publicly traded U.S. companies. The Sarbanes-Oxley act, created in the wake of widespread failures of auditor independence and corporate governance, mandates the establishment and minimum duties of audit committees for all publicly traded companies in the United States. Audit committees are required in some states and localities. Audit committees for local governments are sometimes required by state law (as in the state of Florida) or by city or county charters, municipal codes, or other local law. The Government Finance Offi cer Association (GFOA) recommends that all state and local governments formally establish audit committees by charter, enabling resolution, or other legal means. What are the audit committee’s responsibilities? Specifi c responsibilities of the audit committee vary depending on the form of government and reporting relationship of the auditor. If the auditor is elected, for example, the audit committee may serve in a purely advisory capacity to the elected auditor. At a minimum, the audit committee oversees or advises the audit function. Audit Committee Guidance 2013_Audit Committee.indd 1 4/23/2014 10:27:37 AM Support and oversight of the government audit function: The audit committee may be directly responsible for recruiting, appointing, overseeing, and removing (if needed) the auditor. The committee may also make recommendations to the auditor relating to the annual audit plan and to the governing body regarding the auditor’s budget. An elected auditor may consider establishing an audit committee to ensure that audit issues receive appropriate attention from the legislature, and to safeguard against challenges to independence from management. Oversight of contracts with accounting fi rms: The audit committee may also be responsible for the requests for proposals, selection process, and monitoring the work of commercial public accounting fi rms performing the annual fi nancial audits or other audit services. Many audit experts, including the Institute for Internal Auditors (IIA), see the audit committee’s role as including not only oversight of fi nancial and performance auditing but also of governance, risk management, fi nancial reporting, internal control, compliance, and ethics. Some audit committees are charged with conducting investigations and managing complaints and anonymous employee communications. Regardless of the specifi c duties assigned, every audit committee must be independent of the entity’s management (executive branch) and must obtain suffi cient expertise to properly understand and monitor not only the entity’s audits, but also its fi nancial systems, internal controls, and fraud risks. How should the audit committee be structured? Members should be independent of management. To enhance the independence of the committee, and to enable the auditors to communicate freely about management’s shortcomings, no members of the audit committee should be employees of the entity management (executive branch). Members should collectively be knowledgeable about fi nancial matters and government. Audit committee members should have collective specifi c expertise necessary to effectively exercise their committee duties. For this reason, while some audit experts recommend that the audit committee be composed solely of members of the governing body, we recommend that audit committees include both members of the legislative body and fi nancial/management experts from the community. The audit committee should have the authority and resources to seek outside expertise when necessary. We also recommend that, as required by Sarbanes-Oxley for corporate audit committees, local government audit committees be provided with the resources to hire outside experts, including legal counsel, when necessary. Stagger terms to ensure continuity. Terms of audit committee members should be staggered to ensure continuity. Advocacy Committee Jay Poole, Chair City Auditor Chesapeake, VA Laura Doud City Auditor Long Beach, CA Paul Duggan Director, Audit Services Regional Municipality of York Ontario, Canada Leif Engstrom Chief City Auditor Albany, NY Ann-Marie Hogan City Auditor Berkeley, CA David Jones City Auditor Seattle, WA Bill Miller County Auditor Johnson County, KS Amanda Noble Deputy City Auditor Atlanta, GA Carolyn Smith Internal Auditor Columbus City Schools, OH Beth Woodward Senior Mgmt. Auditor Portland, OR Patra Carroll, Advisor Audit Supervisor Maricopa County, AZ Craig Kinton, Advisor and Liaison to Board City Auditor Dallas, TX More Info To fi nd additional resources from the Advocacy Committee, visit the committee page on ALGA’s website at www. algaonline.org. 2013_Audit Committee.indd 2 4/23/2014 10:28:00 AM 2015-2016 Council Appointed Representatives The following individuals are appointed by the City Council to represent the City of College Station on joint committees with other governmental agencies and community groups. Arts Council of the Brazos Valley (College Station Representatives) Steve Aldrich Appointed 12/13 Patricia Burchfield Appointed 11/15 Hans Hammond BioCorridor Board (2year terms) Steve Aldrich Appointed 3/15 Barry Moore Appointed 3/15 Jim Ross Appointed 3/15 Blinn College Brazos County Advisory Committee Nancy Berry Appointed 11/11 Brazos Animal Shelter Chantal Vessali Appointed 11/11 Larry Johnson Appointed 9/12 Brazos Appraisal District Ronald Kaiser Appointed 10/11; 9/13; 9/15 Brazos County Health Department Blanche Brick Appointed 12/12 John Nichols Appointed 12/12 Brazos Valley Community Emergency Operations Center Policy Advisory Board Nancy Berry Brazos Valley Council of Governments Board of Directors Mayor Nancy Berry Appointed 8/12 Brazos Valley Council of Governments Intergovernmental Committee Nancy Berry (Chair) Appointed 8/10 Karl Mooney Appointed 01/15 Blanche Brick Appointed 8/11 Brazos Valley Solid Waste Management Agency Board of Directors Mayor Nancy Berry Re-appointed 9/13 Karl Mooney Appointed 10/11; 8/14 (1-yr term); 9/15 (3-yr term) Richard Floyd Appointed 2/12; 8/14 (3-yr term) Brazos Valley Wide Area Communications System James Benham Appointed 02/13 Bryan/College Station Convention & Visitors Bureau John Nichols Appointed 09/15 Jim Lewis Appointed 09/15; replaced by Mike Green Jan 2016 Jim Ross Appointed 09/15 Bryan/College Station Metropolitan Planning Organization Mayor Nancy Berry Appointed 8/11 Keep Brazos Beautiful Venessa Garza Appointed 3/12 Regional Transportation Committee for Council of Governments Blanche Brick (BPG Chair) Appointed 8/11 Research Valley Partnership Nancy Berry Appointed 8/11; 1/15 Julie Schultz Appointed 8/11; 1/15 Jim Jett Appointed 7/15 INTERNAL COMMITTEES Audit Committee Nancy Berry (Chair) Appointed 8/10 Steve Aldrich Appointed 11/13 Karl Mooney Appointed 8/11 Budget and Finance Nancy Berry Appointed 12/12 John Nichols Appointed 12/12 James Benham Appointed 12/12 Compensation and Benefits Nancy Berry Appointed 12/12 Blanche Brick Appointed 12/12 Karl Mooney Appointed 01/15 Economic Development Nancy Berry Appointed 12/12 John Nichols Appointed 01/15 Julie Schultz Appointed 12/12; 11/15 Transportation and Mobility Nancy Berry Appointed 12/12 Blanche Brick Appointed 12/12 Steve Aldrich Appointed 11/15 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0763 Name:Mayor Pro Tempore Status:Type:Presentation Agenda Ready File created:In control:11/16/2016 City Council Workshop On agenda:Final action:11/21/2016 Title:Presentation, possible action, and discussion on the election of Mayor Pro Tempore. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion on the election of Mayor Pro Tempore. Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary: At the first meeting of each new City Council, one of the council members shall be elected Mayor Pro Tem and shall hold the office for one year. It is the responsibility of the Mayor Pro Tem to act as Mayor during the disability or absence of the Mayor. In this capacity, the Mayor Pro Tem has the rights conferred upon the Mayor. Budget & Financial Summary: None Attachments: None College Station, TX Printed on 11/17/2016Page 1 of 1 powered by Legistar™