The City of Johnson City, Mayor Dawn Capra (date) November 17, 2016

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1 ADVERTISEMENT AND INVITATION FOR BIDS City of Johnson City Skateboard Park Texas Parks and Wildlife Department (TPWD) Small Community Skateboard Park Project # The City of Johnson City will receive bids for its TPWD Small Community Skateboard Park Project until 3:00 PM on Friday December 2, 2016 at the Johnson City City Hall located at 303 Pecan Street, Johnson City Texas At the above location and time, the bids will be publicly opened and read aloud. Bids are invited for several items and quantities of work as follows: One (1) Concrete Skateboard park, One (1) Native Plant Garden, One (1) Rainwater Harvesting Cistern, and Six (6) Washer Pits Bid/contract documents including drawings and Technical Specifications may be obtained electronically without charge and are posted on the Johnson City web site ( ) and are on file at the Johnson City City Hall located at 303 East Pecan Street, Johnson City Texas and at the offices of Marley Porter, Architect, 4401 Cottonwood Drive, Cottonwood Shores, Texas or may be requested by e mail from marley@livingarchitecture.design Hard copies of the bid/contract documents and Technical Specifications may be obtained by depositing $10.00 with the City of Johnson City. The project must be completed within one hundred and twenty days after the issuance of the Notice to Proceed. A bid bond of five percent (5%) of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft made payable to the City of Johnson City or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. Bidders are expected to inspect the site of the work and to inform themselves of all local conditions. The project is primarily funded through funds from the Texas Parks and Wildlife Department and Federal Land and Water Conservation grant funds. Attention is called to the fact that not less than the Federally determined prevailing Davis-Bacon and Related Acts wage rate contained in the contract documents must be paid on this project. In addition, the successful bidder must insure that employees are not discriminated against because of race, color, religion, sex, age or national origin. The City of Johnson City reserves the right to reject any or all bids or to waive informalities in the bidding. Bids may be held by the City for a period not to exceed sixty (60) days from the date of bid opening for the purpose of reviewing the bids and investigating the bidder s qualification prior to the contract award. The City of Johnson City, Mayor Dawn Capra (date) November 17, 2016 All contractors and subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal Assistance programs may not undertake any activity in part or full under this project.

20 CIVIL RIGHTS REQUIREMENTS The contractor is required to comply with regulations issued pursuant to the Civil Rights Act of 1964 with respect to nondiscrimination in assisted programs of the Department. The following provisions, known as the EQUAL OPPORTUNITY CLAUSE are to be incorporated verbatim in each contract and must be included in the plans and specifications submitted for TPWD review. During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, or national origin. Such action shall include but not be limited to employment, upgrading, demotion or transfer, recruitment or retirement, advertising, layoff or termination, rates of pay or other forms of compensation, and selection training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, creed, color, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with whom he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor s commitments under Section 202 of Executive Order Number 11246, as amended in 3 CFR 169 (1974), and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order Number 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor s non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order Number 11246, as amended or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law. 21

21 7. The contractor will include the provisions of Paragraphs 1 and 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order Number 11246, as amended, so that such provisions will be binding upon each subcontractor or purchase order, as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CONTRACT AND BOND REQUIREMENTS Contracts awarded under the grant are required to follow Texas competitive bidding procedures in accordance with Local Government Code Chapters 252, 262, and 375. Standard construction practices recommend a bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will upon acceptance of his bid, execute such contractual documents as may be required within the time specified. Pursuant to the Texas Uniform Grant and Contract Management Act, the following minimum requirements apply to all contracts exceeding $50,000 in total value: 1. A Performance Bond on the part of the contractor for 100 percent (%) of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor s obligations under such a contract. 2. A Payment Bond on the part of the contractor for 100 percent (%) of the contract price. A payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and materials in the execution of the work provided for in the contract. 3. In lieu of the bond requirements for contracts less than $50,000 a provision that no money will be paid to the contractor until completion and acceptance may be included in the contract. The sponsor shall include, in addition to provisions to define a sound and complete contract agreement, the following provision in all contracts: 1. Contracts shall contain such contractual provisions or conditions which will allow for administrative, contractual, or legal remedies where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. 2. All contracts, amounts for which are in excess of $10,000 shall contain suitable provisions for termination by the sponsor including the manner by which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated or default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. WAGES Contractors are required to comply with the Texas prevailing wages requirements established in Government Code Ch

22 WORKERS COMPENSATION The sponsor shall comply with the Reporting Requirements for Building or Construction Projects for Governmental Entities of 28 TAC Additional information regarding these requirements may be obtained from: Texas Department of Insurance Division of Workers Compensation (DWC) 7551 Metro Center Drive, Suite 100 Austin, TX / PERMITS The sponsor shall insure that all applicable permits or approvals have been obtained prior to construction. A copy of these approvals or permits shall be provided to the Department. Examples include, but are not limited to: 1. Comptroller of Public Accounts for tax permits 2. Corps of Engineers Permit for construction in water of the United States 3. Texas Department of Health approval of new water or sewage systems 4. Texas Commission on Environmental Quality for storm water and air permitting Native Planting Requirement In order to encourage the use of native plants, grant funds will not be allowed toward the purchase and plantings of any non-native or invasive plant species. An exception to native plantings is made in circumstances such as in the grass turf that can be contained in the baseball field, though thought here should also be given to native alternatives. Additional information regarding native plants can be found at as well as at a native planting list if applicable is required to be submitted through the online grants management system at: 23

23 LIVING ARCHITECTURE & CONSTRUCTION MANAGEMENT, Inc. November 22, 2016 Re: Johnson City Skate Park Project ANNOUNCEMENT OF ADENDUM TO CONTRACT DOCUMENTS Please note that the Davis Bacon Wage Rates listed in the bid documents (available from the Johnson City Web Site) are and older version. The State s latest version is attached. Wage rate TX119 issued Bidding contractors are instructed to use these most current documents in bidding the work. Marley Porter Architect Texas Reg No Lakeview Drive Cottonwood Shores, Texas p f

24 General Decision Number: TX /08/2016 TXl19 Superseded General Decision Nurr.ber: TX State: Texas Construction Type: Heavy Counties: Blanco, Brown, Burnet, Coke, Coleman, Comanche, Concho, Fisher, Gil, Kerr, Kimble, Llano, Mason, Mills, Mitchell, Nolan, Real, Runnels, San Saba, Schleicher, Shackelford and Stephens Counties in Texas. HEAVY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an minimum wage of $10.15 for calendar year 2016 applies to all contracts ect to the Davis-Bacon Act for which the solicitation was ssued on or after January I, If this contract is covered the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the cable wage rate listed on this wage determination, if it is ) for all hours spent on the contract in calendar year The EO minimum wage rate will be adjusted annually. Additional information on contractor rements and worker protections under the EO is available at Modification Number o Publication Date 01/08/2016 SUTX /21/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER... $ LABORER: Common or General... $ LABORER:... $ OPERATOR: Backhoe/Trackhoe... $ OPERATOR: Bulldozer... $ OPERATOR: Front End Loader... $ TRUCK DRIVER... $ WELDERS - Receive rate for craft performing to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within

25 the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR5.5 (a) (1) (ii)). The body of each wage determination ~.ists the classification and wage rates that have been found to be for the cited type(s) of construction i:1 the area covered by the wage determination. The classifications are sted 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 "S~" or "~AVG" denotes that the union classification and rate were prevailing for that classification in the survey. PT~UM /01/2014. PLUM is an abbreviation identifier 0 the union which led in the survey for this classification, which in this example would be Plumbers indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current rate, which in this example is July 1, Union prevailing wage rates are updated to reflect all rate in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SUn identifier indicate that no one rate prevailed for this classification in the survey and the rate is derived by computing a weighted average rate based on all the rates 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: SULA /13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not ma~ rates. LA indicates the State of Louisiana is the year of survey on which 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

26 that no single majority rate prevailed for those classifications; however, 100% of the data for the classifications was union data. EXAMPLE: UAVG-OH /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 nu:nber 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 0 the current negotiated/cba rate of the union locals from which the rate s based. WAGE DETER~lINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an exis ished wage deter:nination * a survey "Gnderlying a wage determination * a Wage and Hour Division letter setting forth a ion on a wage deter:nination matter * a conformance (additional classification and rate) rul On survey related reatters, initial contact, including requests for summaries of surveys, sho"gld be with the Wage and Hour Regional Office for the area in which the survey was cond"gcted beca"gse those 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 for the for:nal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Ad.'llinistrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: and Hour Ad:ninistrator U.S. of Labor 200 Constitution Aven"Ge, N.W. Washington, DC The request should be accompanied a full state:nent of the interested party's and by any information (wage payment data, project description, area practice material,

27 etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party rr.ay appeal 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 ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION

ATTACHMENT E INSURANCE REQUIREMENTS

ATTACHMENT E INSURANCE REQUIREMENTS Professional Liability LHA and its affiliates must be named as an Additional Insured and be a Certificate Holder. This is required for vendors who render observational