INVITATION FOR BIDS (IFB)
No. PCCD-17-PCWEWP-01
April 3, 2017

EMERGENCY WATERSHED PROTECTION REPAIRS
of
Plum Creek Watershed
Floodwater Retarding Structure Sites 2, 5, 7, 10, 11, 14
Hays & Caldwell Counties, Texas
Contracting Local Organization
Plum Creek Conservation District
Lockhart, Texas
Sponsors
Hays County Soil and Water Conservation District
Caldwell-Travis Soil and Water Conservation District

In cooperation with:
U. S. Department of Agriculture, Natural Resources Conservation Service
Texas State Soil and Water Conservation BoardPLAN HOLDER REGISTRATION FORM / TERMS & CONDITIONS
Invitation for Bids (IFB) No. PCCD-17-PCWEWP-01
Plum Creek Watershed, Floodwater Retarding Structure Sites 2, 5, 7, 10, 11, 14 - REPAIRS
It is the responsibility of all persons who download bid documents to REGISTER as a Plan
Holder with the Plum Creek Conservation District (PCCD). Registered Plan Holders will beadvised via email or other means of all IFB Amendments that are issued, and all Amendments
will be available for downloading at the Plum Creek Conservation District website:
http://pccd.org (Job Bids tab). A bidder’s failure to acknowledge receipt of an IFB Amendment(see IFB PART I, Subpart B, Instructions to Bidders) may result in rejection of the sealed bid.
TO REGISTER, please fill out information below (all fields are mandatory) and submit form via:
FAX to 512-398-7776 (Attention: Johnie Halliburton, PCCD Executive Manager)-- or -Scan and EMAIL completed form to both of the following email addresses:
jhalliburton@pccd.org
jamaynard1@msn.com
SIGNATURE (Contact Person listed below):
Company Name:________________________________________________________________________________________________

Contact Person/Title: ___________________________________________________________
Mailing Address:___________________________________________________________

Physical Address:___________________________________________________________

Office Phone: _________________ Mobile: __________________ FAX: ________________
Email Address:_________________________________________________

Bid documents for this project may be downloaded from this site, for bidding purposes only, if the User
agrees, without exception, to the following terms and conditions:
The User agrees that electronic media documents downloaded from this site are for their use inpreparation of their bid and are offered as a convenience to the User. Use of these materials for any otherpurpose shall be without liability to Plum Creek Conservation District and their consultants. The User
acknowledges and agrees that Plum Creek Conservation District’s instruments of service are the printed
hard copy (as amended) of the Invitation for Bids issued for the respective project as available forviewing at the Plum Creek Conservation District office. In the event of a conflict in their contents, theprinted hard copy shall take precedence over the electronic media. Plum Creek Conservation District’s
electronic media are furnished without guarantee of compatibility with the bidder’s software or hardware.
It is the User's responsibility to determine/evaluate the capability of their equipment to provide documentsthat are accurate for size, scale, and content.
If the User elects to only download partial information (selected sheets of the drawings or pages of thespecifications), they shall be responsible to obtain all pertinent bidding information to adequately andaccurately prepare their bid proposal. The User is responsible to include in their proposal all of theRequired Bid Information as specified in IFB PART I, Subpart B, Instruction to Bidders #3.
The User agrees to indemnify, defend and hold harmless the Plum Creek Conservation District, theirconsultants and the officers and employees and any of them from and against any and all claims, suits,losses, damages or costs, including attorney’s fees, arising from or by reason of the User’s use of theseelectronic media documents.

IFB No. PCCD-17-PCWEWP-01

Table of Contents

TABLE OF CONTENTSIFB NO. PCCD-17-PCWEWP-01

PART I – GENERAL PROVISIONSPAGE NO.

Subpart A Notice to Bidders

GP-1

Subpart B Instructions to Bidders

GP-2

Subpart C BID FORMS (Exhibits A-E)

GP-8

Subpart D Sample Contract Agreement

GP-21

PART II – GENERAL CONDITIONS

GC 1-22PART III – SUPPLEMENTAL CONDITIONS

SC 1-22PART IV – SPECIFICATIONS
Construction and Material Specifications

PART V – DRAWING NO:
TX-EN-0700, 2 sheets (Site 2)
TX-EN-0703, 1 sheet (Site 5)
TX-EN-0701, 2 sheets (Site 7)
TX-EN-0705, 2 sheets (Site 10)
TX-EN-0704, 2 sheets (Site 11)
TX-EN-0702, 1 sheet (Site 14)

PART VI – PREVAILING WAGE RATES DETERMINATION
Wage rates listing: 1 PageIFB No. PCCD-17-PCWEWP-01

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PART I – GENERAL PROVISIONSSUBPART A

NOTICE TO BIDDERS
Sealed bids for furnishing all labor, material and equipment and performing all work required for
repairs to Plum Creek Watershed, Floodwater-Retarding Structure Sites 2, 5, 7, 10, 11, and 14,
will be received until 2:00 p.m. local time, Tuesday, April 18, 2017, at Plum Creek Conservation
District (PCCD) office, 1101 West San Antonio Street, Lockhart, TX 78644, or may be mailed
to this address. Promptly after 2:00 p.m. all bids received will be publicly opened.
Bids must be addressed to the attention of Johnie Halliburton, PCCD Executive Manager, andmailed (or hand carried) to the above address in a sealed envelope (placed inside the mailingenvelope, if any) labeled as follows:
(1)
(2)
(3)

IFB No. PCCD-17-PCWEWP-01
Bid Opening Date / Time: April 18, 2017 – 2:00 P.M.
Name and Address of Bidder

There will be a pre-bid conference beginning at 9:30 a.m., Tuesday, April 11, 2017, to be heldat PCCD office, 1101 West San Antonio Street, Lockhart, Texas. The conference will befollowed by a site showing of the project sites. Attendance is not mandatory. However,prospective bidders are HIGHLY ENCOURAGED to attend the conference and site showing.
All bids require a bid guarantee in the amount of not less than five percent (5%) of the total bid.
Requirements are outlined in PART I, Subpart B, Instructions to Bidders. The successful bidder
will be required to submit payment and performance bonds within 5 (five) workdays after receipt
of Notice of Award per PART III, Supplemental Conditions, Article 13.
ESTIMATED PRICE RANGE all sites combined: Between $250,000 and $500,000
Plum Creek Conservation District reserves the right to reject any and all bids. Bids providing
less than 30 calendar days for acceptance will not be considered and will be rejected. Telegraphic
or facsimile (Fax) bids, modifications, or withdrawals are not authorized.
Plum Creek Conservation District is the Contracting Local Organization (CLO) responsible forsoliciting and awarding a local contract for this project. The contract is receiving Federal funding
from the U. S. Department of Agriculture, Natural Resources Conservation Service, under
Section 216 of Public Law 81-516, Emergency Watershed Protection Program, and Title IV of
the Agricultural Credit Act of 1978, Public Law 95-334, as amended, and State funding from the
Texas State Soil and Water Conservation Board.
PLUM CREEK CONSERVATION DISTRICTIFB No. PCCD-17-PCWEWP-01

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PART I – GENERAL PROVISIONSSUBPART B
INSTRUCTIONS TO BIDDERS
1. Submission of Bids / Bid Opening: Bids in response to this Invitation for Bids (IFB) must be
sealed, marked and addressed as directed in the Notice to Bidders. Failure to do so may resultin a premature opening of, or a failure to open, such bid. Bids will be publicly opened at thetime set for opening in the Notice to Bidders. Their content will be made public for the
information of bidders and others interested, who may be present either in person or byrepresentative.
2. Conditions Affecting the Work: Bidders should visit the sites and take such other steps as
may be reasonably necessary to ascertain the nature and location of the work, and the generaland local conditions which can affect the work or the cost thereof. Failure to do so will notrelieve bidders from responsibility for estimating properly the difficulty or cost of successfully
performing the work. The Contracting Local Organization will assume no responsibility for
any understanding or representations concerning conditions made by any of its officers or
agents prior to execution of the contract, unless included in the invitation for bids, thespecifications, or related documents.
NO digging or taking of core samples will be allowed. Persons visiting the site are asked totake due care to ensure the existing site conditions are not disturbed.
Appointment Required to Visit the Project Sites: Please contact Johnie Halliburton, PCCD
Executive Manager (phone 512-398-2383) to make an appointment for an authorized person toaccompany you to the project sites. No unescorted visits to the sites are allowed.

3. Required Bid Information: Forms which must be included in a bid are:(a)

Exhibit A: Offer with appropriate 5% BID GUARANTEE.

(b)

Exhibit B: Bid Schedule.

(c)

Exhibit C: References.

(d)

Exhibit D: Bid Bond form.
If a bid bond is submitted as the required bid guarantee, it must be executed on this form
and in conformance with other requirements in these Instructions to Bidders.

(e)Exhibit E: Bidder Certifications.
Bidder must complete all applicable certifications and include in his/her bid.

4. Preparation of Bid: The bidder must submit his/her offer IN DUPLICATE (original plus onecopy) on the forms furnished in this IFB, and the bid must be manually signed by a person or
persons with authority to legally bind the individual, firm or corporation. If erasures or otherchanges appear on the forms, each erasure or change must be initialed by the person signing
the bid. Facsimile (Fax) and telegraphic bids, modifications, or withdrawals will not be
considered.

IFB No. PCCD-17-PCWEWP-01

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No bid will be considered unless all items in the bid schedule are priced. In case of error in theextension of price, the unit price shall govern. For other than bid items with a lump-sum“unit,” the quantities listed in the bid schedule on which unit prices are requested are estimates
only. Unless called for, alternate bids will not be considered.
Estimated Price Range: Between $250,000 and $500,000
Exemption from State, County, and Municipal Sales and Use Taxes. See Part II – General
Conditions, Article 29 (Federal, State, and Local Taxes), paragraph (b). Bidders are entitledto EXCLUDE exempt taxes in their bid prices. Bidder is solely responsible to determine
what tangible personal property and taxable services are eligible for exemption from thesetaxes.
Electronic Invitation for Bid (IFB) Documents. The IFB documents and IFB Amendments areavailable to interested parties electronically only, and no printed copies will be distributed.
The Plum Creek Conservation District’s instruments of service are the printed hard copy of the
IFB (as amended) available for viewing at the Plum Creek Conservation District office. In theevent of a conflict in their contents, the printed hard copy (as amended) shall take precedence
over the electronic media. Plum Creek Conservation District’s electronic media are furnishedwithout guarantee of compatibility with the bidder’s software or hardware. It is the user’s
responsibility to determine/evaluate the capability of their equipment to provide documentsthat are accurate for size, scale, and content. If an alteration of any kind to the CLO’s printed
hard copy IFB (as amended) is only discovered after the contract is executed and is or is not
being performed, the contract is subject to immediate cancellation. Website to obtain
documents (Adobe PDF format) is:www.pccd.org
Click on Job Bids tab; then on IFB No. PCCD-17-PCWEWP-01,
Plum Creek Watershed Repairs – Sites 2, 5, 7, 10, 11, and 14
5. Submission of Offer in English Language/U.S. Currency: Offers shall be in the English
language and in terms of U. S. dollars or will be rejected.
6. Explanation to Bidders / Inquiries: Any explanation desired by a bidder regarding themeaning or interpretation of the invitation for bids, drawings, specifications, etc., must be
requested in writing and with sufficient time allowed (by noon on April 12, 2017) for a reply
to reach bidders before the submission of their bids. Any interpretation made will be in theform of an amendment to the invitation for bids, drawings, specifications, etc., and each
Amendment will be available electronically. The CLO will make a reasonable attempt toadvise (via email or other method) all prospective bidders who have registered as a bid
documents holder or that may otherwise be known to have received a copy of the bid
documents when an IFB Amendment is available electronically. However it is the bidder’s
responsibility to check the electronic bid documents website for any changes or additions to
the documents originally posted. Receipt of all amendments must be acknowledged by thebidder in the space provided on the bid forms (PART I, Subpart C, Exhibit A, Offer) or byletter received before the time set for opening of bids (electronic, Fax, and telegraphic
acknowledgements will not be accepted). All amendments will be bound with and made a partof the contract documents. Oral explanations or instructions given before the award of theIFB No. PCCD-17-PCWEWP-01

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contract will not be binding. Written requests shall be mailed, hand delivered, or sent via
facsimile machine or email (telegraphic inquiries will not be accepted) to :Johnie Halliburton, Executive Manager, Plum Creek Conservation
District, 1101 West San Antonio Street, Lockhart, TX 78644
FAX #: 512-398-7776
EMAIL: jhalliburton@pccd.org"Facsimile," as used in this section means a written inquiry or request for explanation that istransmitted to and received by the Contracting Local Organization (CLO) via electronicequipment that communicates and reproduces both printed and handwritten material.
Facsimile receiving data and compatibility characteristics are as follows: (a) Telephone
number of receiving facsimile equipment: 512-398-7776. (b) If you choose to transmit afacsimile inquiry, the CLO will not be responsible for any failure attributable to thetransmission or receipt of the facsimile inquiry including, but not limited to, the following: (1)Receipt of garbled or incomplete inquiry. (2) Availability or condition of the receiving
facsimile equipment. (3) Incompatibility between the sending and receiving equipment. (4)Delay in transmission or receipt of the inquiry. (5) Failure of the sender to properly identify
the inquiry. (6) Illegibility of the inquiry.
7. Bid Guarantee: As a good faith deposit to ensure execution of a contract, each offer must be
accompanied by a bid guarantee in the form of a certified or cashier’s check (on a responsiblebank in Texas) or bid bond, in the amount of not less than five percent (5%) of the total bid.
Bid guarantee is to be made payable to: PLUM CREEK CONSERVATION DISTRICT. Bid
guarantees, other than bid bonds, will be returned (a) to all bidders (except the three mostqualified) within 3 days of the bid opening, and (b) to the three most qualified bidders upon
execution by the most qualified bidder of such further contractual documents and bonds as
may be required by the bid as accepted. When a bid guarantee is required, failure to furnish a
bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause
for rejection of the bid.
Should the bidder to whom the contract is awarded fail or refuse to enter into a proper contract
with the CLO, or fail or refuse to furnish the payment and performance bonds required byPART III, Article 5, or fail or refuse to provide additional Post-Award Information required byPART III, Article 4, within the time specified, the bidder forfeits the bid guarantee, and/or the
CLO may pursue any other action allowed by law.
8. Bid Bond Requirements: Bond must be executed on the form provided (PART I, Subpart C.
Exhibit D) by a corporate surety authorized and admitted to write surety bonds in the State ofTexas. The surety must (i) hold a certificate of authority from the United States Secretary of
the Treasury to qualify as a surety on obligations permitted or required under federal law; or(ii) have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is
an authorized reinsurer in the State of Texas or is a holder of a certificate of authority from theUnited States Secretary of the Treasury to qualify as a surety or reinsurer on obligations
permitted or required under federal law. U.S. Treasury Department Circular 570 is publishedin the Federal Register and lists Treasury approved surety companies and their underwriting
limitations. All bonds signed by an agent must be accompanied by a certified copy of suchagent’s authority to act. The original and one copy of bid bond shall be submitted with thebid.

IFB No. PCCD-17-PCWEWP-01

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9. Late Submissions, Modifications, and Withdrawals of Bids:(a) Any bid received at the office designated in the solicitation after the exact time specified
for receipt will not be considered and will be returned to the bidder unopened.
(b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph(a) of this provision.
(c) The only acceptable evidence to establish the time of receipt at the Contracting Local
Organization installation is the time/date stamp of that installation on the bid wrapper orother documentary evidence of receipt maintained by the installation.
(d) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise
successful bid that makes its terms more favorable to the Contracting Local Organization
will be considered at any time it is received and may be accepted.
(e) Bids may be withdrawn by written notice received at any time before the exact time set
for receipt of bids. A bid may be withdrawn in person by a bidder or its authorized
representative if, before the exact time set for receipt of bids, the identity of the person
requesting withdrawal is established and the person signs a receipt for the bid.
(f) If an emergency or unanticipated event interrupts normal Contracting Local Organization
processes so as to cause postponement of the scheduled bid opening, and urgent
Contracting Local Organization requirements preclude amendment of the solicitation orother notice of an extension of the opening date, the time specified for receipt of bids will
be deemed to be extended to the same time of day specified in the solicitation on the firstwork day on which normal Contracting Local Organization processes resume.
10. Tie Bid: In the event of receipt of two or more bids from responsible bidders that are identical,
in nature and amount, as the lowest and best bids, the Contracting Local Organization shallenter into a contract with only one of those bidders and must reject all other bids. The bidder
shall be selected by the casting of lots in a manner prescribed by the Contracting Local
Organization. All qualified bidders or their legal representatives may be present at the castingof lots. This provision does not prohibit the Contracting Local Organization from rejecting allbids.
11. Qualification of Low Bidder:(a)After the low bidder has been determined, the next step is to consider the bidder’squalifications to perform the proposed contract. The award of a contract to a bidder
solely on the basis of the lowest price is not the policy of the Contracting Local
Organization. The ability to obtain bonds does not necessarily qualify a bidder foraward.

(b)

A contract may be awarded only after it has been determined that the bidder is qualified
to perform the contract. Qualification reviews will be made of all pertinent factors
including: financial resources or ability to obtain them; present or impending workcommitments; record of past performance on comparable projects; business ethics andintegrity; eligibility to receive an award under applicable laws and regulations; thenecessary organization, experience, operational controls and technical skills or theability to obtain them; and the necessary equipment or ability to obtain it, as may beneeded to prosecute the work in an expeditious, safe and satisfactory manner.

IFB No. PCCD-17-PCWEWP-01

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If the bidder does not have adequate equipment but plans to obtain it after contract
award, a firm commitment in writing from the suppliers must be furnished to theContracting Local Organization. Also, if the bidder proposes to subcontract part of thework, they must provide information needed for the Contracting Local Organization’s
evaluation of the subcontractor’s capability.

(d)

Before disqualifying the low bidder, the Contracting Local Organization will inform thebidder of the reason for the proposed disqualification.

12. Disqualification of Bidders: Listed are some of the causes which may be considered as
sufficient for the disqualification of a bidder and the rejection of his/her offer:(a) Failure to conform to the essential requirements of the invitation for bids (e.g.,incomplete offer) will result in rejection of the bid.
(b) Bids from parties who are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency will be rejected. [See certification in PART I, Subpart C,
Exhibit E, Section G.](c) More than one offer for the same work from the same individual, firm, partnership or
corporation.
(d) Qualifying statements or accompanying qualifying letters that modify requirements orlimit the bidder’s liability will be cause for rejection of bid.
(e) Evidence of collusion among bidders.
(f) Poor performance in the execution of work under previous contracts, as determined by
the Contracting Local Organization.
(g) Being in arrears on existing contracts, in litigation with the Contracting Local
Organization, or having defaulted on a previous contract.
(h) Lack of comparable project experience.
(i) The bid is materially unbalanced. I.e., a bid based on prices significantly less than costfor some work and prices which are significantly overstated in relation to cost for otherwork, and there is reasonable doubt that the bid will result in the lowest overall cost to
the Contracting Local Organization even though it may be the low evaluated bid.
13. Submission of Post-award Information: Within five (5) workdays after receipt of Notice ofAward, Contractor will be required to submit post-award information as specified in PART III,Supplemental Conditions, Article 4.
14. Award of Contract: Award of contract will be made to that responsible bidder whose bid,
conforming to the invitation for bids (IFB), is most advantageous to the Contracting Local
Organization, price and other factors considered. The Contracting Local Organization may,when in its interest, reject any or all bids or waive informalities or minor irregularities in bids
received. Only one contract will be awarded and the award will be based on the total bid,corrected if necessary, for errors in price extensions and/or addition.
A response to an IFB is an offer to contract with the Contracting Local Organization based
upon the terms, conditions and specifications contained in the IFB. Bids do not become
contracts until a signed Notice of Award (NOA) is issued by the Contracting Local
Organization.

IFB No. PCCD-17-PCWEWP-01

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15. Officials Not to Benefit: Any contract to be awarded as a result of this solicitation will not beawarded to any official of the Texas State Soil and Water Conservation Board, Plum Creek
Conservation District, Hays County Soil and Water Conservation District (SWCD), or
Caldwell-Travis SWCD, (all in the State of Texas), or to any firm in which any official or any
member of such official’s immediate family of these entities has direct or indirect interest in
the pecuniary profits or contracts of such firms.
16. Execution of Contract and Submission of Post-award Information: The contract will include
items outlined in PART I, Subpart D, Contract Agreement, Article IV. Within five (5)workdays after receipt of Notice of Award of the contract, the successful bidder shall executethe contract agreement and furnish the Contracting Local Organization with required postaward information as outlined in PART III, Supplemental Conditions, Article 4.
17. Approval of Contract: The contract will be approved and signed by the Plum Creek
Conservation District President. The contract will not be binding upon the Contracting Local
Organization until it has been executed by Plum Creek Conservation District and delivered to
the Contractor.
18. Specifications: Specifications referred to but not included shall include all revisions andamendments in effect on the date of issuance of the IFB.
19. Beginning of Work: The Contractor shall commence work within five (5) calendar days after
receipt of a written Notice to Proceed as issued by the Contracting Officer and shall complete thework within 99 (ninety-nine) calendar days after receipt of the notice. Contractor shall notcommence any work prior to issuance of the Notice to Proceed.
20. Records: Records listed below may be reviewed by interested parties at Plum Creek
Conservation District, 1101 West San Antonio Street, Lockhart, Texas, by contacting Johnie
Halliburton or Karen Bassett (512-398-2383). Records may be viewed 8:00 a.m. to 5:00 p.m.
(closed noon to 1:00 p.m.), Monday through Friday.
Complete official printed copy of IFB No. PCCD-17-PCWEWP-01 bid package, including22” x 34” set of Drawing No. TX-EN-0700, 0701, 0702, 0703, 0704, and 0705.

IFB No. PCCD-17-PCWEWP-01

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PART I – GENERAL PROVISIONSSUBPART C

BID FORMS
Exhibits A through E

IFB No. PCCD-17-PCWEWP-01

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EXHIBIT A

OFFER
Enclosed with this offer (Exhibits A through E) is a bid guarantee (bid bond or cashier’s or certified
check payable to PLUM CREEK CONSERVATION DISTRICT) in the amount of$___________________________. It is agreed that in the event this offer is accepted by theContracting Local Organization (CLO) and the undersigned bidder fails to execute a contract andsubmit required post-award information within five (5) workdays after receipt of Notice of Awardof contract to him/her, the bidder forfeits the bid guarantee and the CLO may pursue any other action
allowed by law. If this offer is accepted, the undersigned bidder agrees to execute a contract andsubmit required post-award information per contract terms, and also agrees to commence workwithin five (5) calendar days after the date of receipt of written Notice to Proceed and to complete
the entire works awarded under IFB No. PCCD-17-PCWEWP-01 within ninety-nine (99) calendar
days commencing the day after Contractor receives written Notice to Proceed.
The undersigned acknowledges receipt of the following amendments:
Amendment No. 1 dated _________________ Received _______________________
Amendment No. 2 dated _________________ Received _______________________
Amendment No. 3 dated _________________ Received _______________________
Amendment No. 4 dated _________________ Received _______________________

CONTRACTOR

By_________________________________
Print name:__________________________
Title:_______________________________________________________________
Secretary,
If Contractor is a Corporation(SEAL)

Address:__________________________________________________________________________________________________IFB No. PCCD-17-PCWEWP-01

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EXHIBIT B

BID SCHEDULE (Cover Sheet)
The undersigned, in compliance with Invitation for Bids No. PCCD-17-PCWEWP-01 for Plum
Creek Watershed, Floodwater Retarding Structure (FRS) Sites 2, 5, 7, 10, 11, and 14 Repairs, Hays
and Caldwell Counties, Texas, having examined the plans, specifications and bidding documents,
the site of the proposed work, and being familiar with all the conditions surrounding performanceof the proposed project; agrees to furnish all labor, material and equipment and perform all workrequired in accordance with the plans, specifications and contract documents for the prices below,
if this offer is accepted by the Contracting Local Organization within ______ calendar days after
the date bids are due. [Note: Failure to insert a number means the bidder accepts the minimum
thirty (30) calendar days as required in Notice to Bidders.]
Award Restriction
One award for the aggregate for all bid items will be made under this solicitation (the combined
total for Sites 2, 5, 7, 10, 11, and 14).
For other than bid items with a lump-sum “unit,” the quantities listed in the bid schedule on which
unit prices are requested are estimates only.

-- Bidders are entitled to EXCLUDE exempt taxes in their bid prices -[See PART I, Subpart B, Instructions to Bidders #4]

Combined TOTAL BID PRICE Sites 2, 5, 7, 10, 11, and 14:
In Figures:$_______________________________________________

In Words:_________________________________________ Dollars
and __________________ Cents

NOTE: AMOUNTS SHALL BE SHOWN IN BOTH WORDS AND FIGURES. IN
CASE OF DISCREPANCY, THE AMOUNT SHOWN IN WORDS WILL GOVERN.

Bidder’s Name/Title (type or print): _______________________________________
Bidder’s Signature: _____________________________________________________
Company Name: _______________________________________________________
Date: ________________________________________IFB No. PCCD-17-PCWEWP-01

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EXHIBIT B (continued)

BID SCHEDULE (Sheet 1 of 3)
PLUM CREEK WATERSHED

SITE 2 Repair
Hays County, Texas
Item Work or Material
No.

Const
Spec. Quantity
No.

Unit

Unit
Price

AmountAcres$_________$_________________

1

Vegetation Establishment

6

0.6

2

Mobilization and
Demobilization

8

1 Job

Lump Sum$ xxxxxxxx$_________________

3

Site Preparation

420

1 Job

Lump Sum$ xxxxxxxx$_________________

4

Shaping and Smoothing

446

435

Sq. Yd.

$_________$_________________

Total Bid (Site 2)……………………………………………… $_________________PLUM CREEK WATERSHED

SITE 5 Repair
Hays County, Texas
Item Work or Material
No.

Const
Spec. Quantity
No.

Unit

Unit
Price

AmountAcres$_________$_________________

1

Vegetation Establishment

6

0.8

2

Mobilization and
Demobilization

8

1 Job

Lump Sum$ xxxxxxxx$_________________

3

Site Preparation

420

1 Job

Lump Sum$ xxxxxxxx$_________________

Total Bid (Site 5)……………………………………………… $_________________IFB No. PCCD-17-PCWEWP-01

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PLUM CREEK WATERSHED

SITE 7 Repair
Hays County, Texas
Item Work or Material
No.

Const
Spec. Quantity
No.

Unit

Unit
Price

AmountAcres$_________$_________________

1

Vegetation Establishment

6

1.5

2

Mobilization and
Demobilization

8

1 Job

Lump Sum$ xxxxxxxx$_________________

3

Site Preparation

420

1 Job

Lump Sum$ xxxxxxxx$_________________

4

Shaping and Smoothing

446

1,667

Sq. Yd.

$_________$_________________

Total Bid (Site 7)……………………………………………… $_________________PLUM CREEK WATERSHED

SITE 10 Repair
Hays County, Texas
Item Work or Material
No.

Const
Spec. Quantity
No.

Unit

Unit
Price

AmountAcres$_________$_________________

1

Vegetation Establishment

6

0.9

2

Mobilization and
Demobilization

8

1 Job

Lump Sum$ xxxxxxxx$_________________

3

Site Preparation

420

1 Job

Lump Sum$ xxxxxxxx$_________________

Total Bid (Site 10)……………………………………………… $_________________IFB No. PCCD-17-PCWEWP-01

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PLUM CREEK WATERSHED

SITE 11 Repair
Hays County, Texas
Item Work or Material
No.

Const
Spec. Quantity
No.

Unit

Unit
Price

AmountAcres$_________$_________________

1

Vegetation Establishment

6

4.4

2

Mobilization and
Demobilization

8

1 Job

Lump Sum$ xxxxxxxx$_________________

3

Site Preparation

420

1 Job

Lump Sum$ xxxxxxxx$_________________

4

Shaping and Smoothing

446

2.6

Acres

$_________$_________________

Total Bid (Site 11)……………………………………………… $_________________PLUM CREEK WATERSHED

SITE 14 Repair
Caldwell County, Texas
Item Work or Material
No.

Const
Spec. Quantity
No.

Unit

Unit
Price

AmountAcres$_________$_________________

1

Vegetation Establishment

6

0.7

2

Mobilization and
Demobilization

8

1 Job

Lump Sum$ xxxxxxxx$_________________

3

Site Preparation

420

1 Job

Lump Sum$ xxxxxxxx$_________________

4

Debris Removal

430

1 Job

Lump Sum$ xxxxxxxx$_________________

Total Bid (Site 14)……………………………………………… $_________________COMBINED TOTAL BID:
Sites 2, 5, 7, 10, 11, and 14 Repairs………………… $__________________
NOTE: Also enter amount of Combined Total Bid in figures and words on Exhibit B, page GP-10 of 22.
---- END OF BID SCHEDULE ----IFB No. PCCD-17-PCWEWP-01

Page GP-14 of 22

EXHIBIT CREFERENCES
Bidder in accordance with PART I, Subpart B, Instructions to Bidders, Section 3(c) References,
shall list below up to five (5) recent projects upon which he/she has performed work similar to thatspecified herein. All lines for each reference shall be filled in completely with up-to-date
information. Any omissions to this form, discrepancies in reference, or unverifiable information
may be grounds for disqualification of the bidder.
1.

Project Name:____________________________________________________________
Owner:______________________ Total Contract Cost: $_________________________
Location:_____________________ Completion Date:____________________________
Description of Work:_____________________________________________________________________________________________________________________________
Contact:______________________ Phone Number:(____)________________________
2.

Project Name:____________________________________________________________
Owner:______________________ Total Contract Cost: $_________________________
Location:_____________________ Completion Date:____________________________
Description of Work: _____________________________________________________________________________________________________________________________
Contact:______________________ Phone Number:(____)________________________

3.

Project Name:____________________________________________________________
Owner:______________________ Total Contract Cost: $_________________________
Location:_____________________ Completion Date:____________________________
Description of Work: _____________________________________________________________________________________________________________________________
Contact:______________________ Phone Number:(____)________________________IFB No. PCCD-17-PCWEWP-01

Page GP-15 of 22

EXHIBIT C (continued)

4.

Project Name:____________________________________________________________
Owner:______________________ Total Contract Cost: $_________________________
Location:_____________________ Completion Date:____________________________
Description of Work: _____________________________________________________________________________________________________________________________
Contact:______________________ Phone Number:(____)________________________

5.

Project Name:____________________________________________________________
Owner:______________________ Total Contract Cost: $_________________________
Location:_____________________ Completion Date:____________________________
Description of Work: _____________________________________________________________________________________________________________________________
Contact:______________________ Phone Number:(____)________________________IFB No. PCCD-17-PCWEWP-01

Page GP-16 of 22

EXHIBIT D

BID BOND FormA BLANK BID BOND FORM (2pages) IS INSERTED AFTER THISPAGE FOR USE OF BIDDERS IN
PREPARATION OF BID.

BID

Date Bond Executed (Must not be later
than bid opening date)

BOND(See Instructions on Reverse)
Principal (Legal name and business address)

Type of Organization (“X” one)
 Individual Joint Venture Partnership Limited Liability Company (LLC) Corporation
State of Incorporation

Surety(ies) (Name and business address)

Penal Sum of Bond
Percent
Of BidPrice

Bid Date

Amount Not to Exceed
Million(s)Thousand(s)Hundred(s)Bid Identification
Invitation No.
PCCD-17-PCWEWP-01

Cents

For: Construction

KNOW ALL MEN BY THESE PRESENTS, That we, the Principal and Surety(ies) hereto, are firmly bound to Plum Creek
Conservation District. Lockhart, Texas, hereinafter called the Contracting Local Organization, in the above penal sum forthe payment of which we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally: Provided,
That where the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly andseverally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all of us, and for allother purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set
forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of
the penal sum.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the bid identified above.
NOW, THEREFORE, if the Principal, upon acceptance by the Contracting Local Organization of his/her bid identified above,
within the period specified therein for acceptance (30 days), shall execute such further contractual documents, if any, and givesuch bond(s) as may be required by the terms of the bid as accepted within the time specified (5 workdays after receipt of theforms by him/her), or in the event of failure so to execute such further contractual documents and give such bonds, if the
Principal shall pay the Contracting Local Organization for any cost of procuring the work which exceeds the amount of his/herbid, then the above obligation shall be void and of no effect.
Each Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension(s) of the time
for acceptance of the bid that the Principal may grant to the Contracting Local Organization, notice of which extension(s) to
the Surety(ies) being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating
not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this bid bond and have affixed their seals on the dateset forth above.

Principal
1.

2.

Signature(s)(Seal)
Name(s) & Title(s)[typed]1.

(Seal)
2.

CORPORATE SURETY(IES)

SURETY E

SURETY D

SURETY C

SURETY B

SURETY A

Name &
Address

State of Inc.
1.

Liability Limit

2.

Signature(s)(Seal)
Name(s) &Title(s)[typed]Name &
Address

1.

(Seal)
2.

State of Inc.
1.

Liability Limit

2.

Signature(s)(Seal)
Name(s) &Title(s)[typed]Name &
Address

1.

(Seal)
2.

State of Inc.
1.

Liability Limit

2.

Signature(s)(Seal)
Name(s) &Title(s)[typed]Name &
Address

1.

(Seal)
2.

State of Inc.
1.

Liability Limit

2.

Signature(s)(Seal)
Name(s) &Title(s)[typed]Name &
Address

1.

(Seal)
2.

State of Inc.
1.

Liability Limit

2.

Signature(s)(Seal)
Name(s) &Title(s)[typed]1.

(Seal)
2.

INSTRUCTIONS(1) The full legal name and business address of the Principal shall be inserted in the space designated “Principal” on
the face of this form. The bond shall be signed by an authorized person. Where such person is signing in a representative
capacity (e.g., an attorney-in-fact), but is not a member of the firm, partnership, or joint venture, or an officer of thecorporation involved, evidence of his/her authority must be furnished.
(2) The penal sum of the bond may be expressed as a percentage of the bid price if desired. In such cases, a maximum
dollar limitation may be stipulated (e.g., 5% of the bid price but the amount not to exceed ______ dollars).
(3) The name of each person signing this bid bond should be typed in the space provided.
(4) The person signing the bond for the surety must submit evidence of his/her authority to act for the surety.
(5) The corporate surety must be approved by the state in which the services or supplies are to be delivered or in whichconstruction is to be performed and must be among those appearing on the U.S. Treasury Department’s list of approved
sureties.

IFB No. PCCD-17-PCWEWP-01

Page GP-17 of 22

EXHIBIT E

BIDDER CERTIFICATIONS
By submission of this bid, bidder certifies to all Sections in this Exhibit E.
Bidder should circle appropriate answers in Sections A, B, C, and I and fill in blank in Section E.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
SECTION A: Texas Franchise Tax Certification
Bidder [ IS / IS NOT ] currently delinquent in the payment of any franchise tax owed to the Stateof Texas, or is exempt from, or not subject to, such tax.
SECTION B: Texas Resident/Nonresident Bidder Certification
Bidder [ IS / IS NOT ] a Texas resident bidder as defined below.
DEFINITIONS: Per State of Texas House Bill 620.
“Nonresident bidder” means a bidder whose principal place of business is not in this state,
but excludes a contractor whose ultimate parent company or majority owner has its
principal place of business in this state.
“Texas resident bidder” means a bidder whose principal place of business is in this state,
and includes a contractor whose ultimate parent company or majority owner has its
principal place of business in this state.
SECTION C: Authority to Transact Business in Texas Certificate
Complete ONLY if you are a Texas nonresident bidder.
(1) Texas nonresident bidder [ IS / IS NOT ] a corporation, limited partnership, or limited
liability company. If answer is “IS NOT”, do not complete C(2) and C(3) below.
(2) Bidder [ HAS / HAS NOT ] obtained a Certificate of Authority through the Texas Secretaryof State to transact business in Texas. Attach a copy of Certificate to bid if available.
(3) If response to C(2) is “HAS NOT”, bidder agrees to present a current Certificate of Authority to
the Contracting Local Organization by date post-award information is due: [ YES / NO ]SECTION D: Officials Not to Benefit: Bidder certifies that its firm is not an official of the
Texas State Soil and Water Conservation Board, Plum Creek Conservation District, Hays County
Soil and Water Conservation District (SWCD), or Caldwell-Travis SWCD, (all in the State ofTexas), or a firm in which any official or any member of such official’s immediate family of these
entities has direct or indirect interest in the pecuniary profits or contracts of its firm.
SECTION E: Bonding: Per Texas Administrative Code Rule 293.63(5), bidder must submit,
along with the bid, the name of the person, firm, or corporation that will execute payment andperformance bonds as required in PART III, Article 13: List information below:______________________________________________________________________________________________________________________________IFB No. PCCD-17-PCWEWP-01

Page GP-18 of 22

EXHIBIT E (continued)
SECTION F: Certification of Nonsegregated Facilities[Applicable to federally assisted construction contracts and related subcontracts not exempt fromthe Equal Opportunity clause (Article 14 of PART III - Supplemental Conditions)]
The federally assisted construction Contractor certifies they do not maintain or provide for theiremployees any segregated facilities at any of their establishments, and that they do not permit theiremployees to perform services at any location, under their control, where segregated facilities aremaintained. The federally assisted construction Contractor certifies further that they will not
maintain or provide for their employees any segregated facilities at any of their establishments,
and that, they will not permit their employees to perform services at any location, under theircontrol, where segregated facilities are maintained. The federally assisted construction Contractor
agrees that a breach of this section is a violation of the Equal Opportunity clause in this contract.
As used in this caption, the term “segregated facilities” means any waiting rooms, work areas,
restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms and otherstorage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,transportation, and housing facilities provided for employees which are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin or because of habit, local custom, or otherwise. The federally
assisted construction Contractor agrees that (except where they have obtained identicalcertifications from proposed subcontractors for specific time periods) they will obtain identicalcertifications from proposed subcontractors prior to the award of subcontracts which are notexempt from the provisions of the Equal Opportunity clause, and that they will retain suchcertifications in their files [certification form in PART III, Suppl. Conditions, Article 15].

SECTION G: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion—Lower Tier Covered Transactions[Applicable to offers of $25,000 or more](a) Instructions for Certification(1) By signing and submitting this proposal, the prospective lower tier participant isproviding the certification set out below.
(2) The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
(3) The prospective lower tier participant shall provide immediate written notice to theperson to which this proposal is submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or had become erroneous by reason ofchanged circumstances.
(4) The terms herein are as defined in 2 CFR Part 180, OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement).

IFB No. PCCD-17-PCWEWP-01

Page GP-19 of 22

EXHIBIT E (continued)
SECTION G (continued)(5) The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tiercovered transaction with a person who is proposed for debarment under 48 Code of Federal
Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility andVoluntary Exclusion—Lower Tier Covered Transactions,” without modification, in all lower tiercovered transactions of $25,000 or more and in all solicitations for lower tier covered transactions.
[Copy of clause is provided in PART III, Supplemental Conditions, Article 17.](7) A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFRpart 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered
transactions, unless it knows that the certification is erroneous. A participant may decide themethod and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the Office of Federal Compliance Programs electronic roster at
the System for Award Management (SAM) website: www.sam.gov.
(8) Nothing contained in the foregoing shall be construed to require establishment of asystem of records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normallypossessed by a prudent person in the ordinary course of business dealings.
(9) Except for transactions authorized under paragraph (5) of these instructions, if aparticipant in a covered transaction knowingly enters into a lower tier covered transaction with aperson who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred,ineligible, or voluntarily excluded from participation in this transaction, in addition to otherremedies available to the Federal Government, the department or agency with which thistransaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility andVoluntary Exclusion – Lower Tier Covered Transactions(1) The prospective lower tier participant certifies, by submission of this proposal, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements inthis certification, such prospective participant shall attach an explanation to this offer.
SECTION H: Certification Regarding Lobbying Certification for Contracts, Grants, Loans,
and Cooperative Agreements[Applicable to offers of $100,000 or more]
By signing and submitting this proposal, the offeror certifies, to the best of his or her knowledge
and belief, that:

IFB No. PCCD-17-PCWEWP-01

Page GP-20 of 22

EXHIBIT E (continued)
SECTION H (continued)(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer or employee of anagency, a Member of Congress, an officer or employee of Congress, or an employee of a Memberof Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and theextension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Memberof Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shallcomplete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordancewith its instructions.
(3) The undersigned shall require that the language of this certification be included in theaward documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify anddisclose accordingly. [A copy is provided in PART III, Supplemental Conditions, Article 18.]
This certification is a material representation of fact upon which reliance was placed when thistransaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
SECTION I: Clean Air and Water Certification [Applicable if bid exceeds $150,000--OR-- if facility to be used has been the subject of a conviction under the Clean Air Act (42U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed
by EPA --OR-- if any resultant contract under this bid is not otherwise exempt.]
Bidder certifies as follows:(1) Any facility to be utilized in the performance of work described in this IFB [ IS / IS NOT ]listed on the Environmental Protection Agency List of Violating Facilities;(2) To promptly notify the Contracting Local Organization (CLO), before contract award, of thereceipt of any communication from the Director, Office of Federal Activities, U.S.
Environmental Protection Agency, indicating that any facility which he/she proposes to use forthe performance of the contract is under consideration to be listed on the Environmental
Protection Agency List of Violating Facilities; and(3) To include substantially this certification, including this subparagraph (3), in every nonexempt
subcontract. [Certification form in PART III, Suppl. Conditions, Article 19]-- end of EXHIBIT E Bidder Certifications --IFB No. PCCD-17-PCWEWP-01

Page GP-21 of 22

PART I – GENERAL PROVISIONSSUBPART D

CONTRACT AGREEMENT (Sample)
THIS AGREEMENT, made the _____ day of __________________, 2017, by and between the Plum
Creek Conservation District, Lockhart, Texas (hereinafter called Owner) and________________________________________________ (hereinafter called Contractor).
WITNESSETH:THAT WHEREAS: in accordance with law, Owner had contract documents prepared and an Invitation for
Bids published, for and in connection with the Repairs of Plum Creek Watershed, Floodwater Retarding
Structure Sites 2, 5, 7, 10, 11, and 14, Hays and Caldwell Counties, Texas; andWHEREAS, Contractor, in response to the Invitation for Bids, has submitted to Owner, in the manner andat the time specified, a sealed bid in accordance with Instructions to Bidders; andWHEREAS, Owner, in the manner prescribed by law, has publicly opened, examined, and canvassed thebids submitted, and has determined Contractor to be the lowest responsible bidder for the work and duly
awarded to Contractor a contract therefor, for the sum or sums named in Contractor’s bid.
NOW, THEREFORE, in consideration of the compensation to be paid to Contractor and of the mutual
agreements herein contained, the parties have agreed and hereby agree, Owner for itself and its successors
and assigns, and its, his/her, or their executors and administrators, as follows:
ARTICLE I. Contractor shall perform all work, including the assumption of all obligations, duties andresponsibilities necessary to the successful completion of the contract and the furnishing of all materials
and equipment required to be incorporated in and form a permanent part of the work; tools, equipment,
supplies, transportation, facilities, labor, superintendence and services required to perform the work; andbonds, insurance and submittals; all as indicated or specified in the contract documents to be performed or
furnished by Contractor for the work included in and covered by Owner’s official award of this contract toContractor, such award being based on the acceptance by Owner of Contractor’s bid.
ARTICLE II. Owner shall pay to Contractor for performance of the work embraced in this contract, andContractor shall accept as full compensation therefor, the sum (subject to adjustment as provided in thecontract documents) of ______________________________________ Dollars ($ ______________) for all
work covered by and included in the contract award and designated in the foregoing Article I; payment
thereof to be made in current funds in the manner provided in the contract documents.
ARTICLE III. The Contractor shall complete all work within ninety-nine (99) calendar days from the date
Contractor receives written Notice to Proceed.
ARTICLE IV. The contract documents that comprise the Contract between Owner and Contractor,
attached hereto and made a part hereof, consist of the following:

IFB No. PCCD-17-PCWEWP-01

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)

Page GP-22 of 22

This Contract Agreement.
Contractor’s Bid: Exhibits A - E.
Invitation for Bids (IFB) Amendment Numbers _______.
Post-bid information and supplementary information submitted by Contractor prior to execution ofthis Contract Agreement.
Notice of Award.
PART II – General Conditions.
PART III – Supplemental Conditions.
PART IV – Construction and Material Specifications.
PART V – Drawing No. TX-EN-0700, 0701, 0702, 0703, 0704, and 0705.
PART VI – Prevailing Wage Rates Determination.
Notice to Proceed.
Any modifications (change orders) duly delivered or supplemental agreements duly entered into
after execution of this Contract Agreement.
Notices of Final Completion and Acceptance.

IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement the day and year first
above written.
OWNER

CONTRACTOR

PLUM CREEK CONSERVATION DISTRICT____________________________________

By _________________________________JAMES A. HOLT, JR.
President, Plum Creek Conservation District

By ________________________________
Title _______________________________(CORPORATE SEAL)

Attest _______________________________

Attest _______________________________

Address for giving notices:
Plum Creek Conservation District
1101 West San Antonio Street
Lockhart, TX 78644

Address for giving notices________________________________________________________________________

This action authorized at an official meetingof the Plum Creek Conservation District on________[add date], Lockhart, Texas

License No. __________________________________________________[PRINT name here][PRINT title here]____________________________________(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)

Agent for service of process:IFB No. PCCD-17-PCWEWP-01

PART II – Contents

PART II
GENERAL CONDITIONS
Table of Contents
Page No.
ARTICLE 1

DEFINITIONS...................................................................................... GC-1

ARTICLE 2

SPECIFICATIONS AND DRAWINGS............................................... GC-1

ARTICLE 3

CHANGES ............................................................................................ GC-1

ARTICLE 4

DIFFERING SITE CONDITIONS .......................................................GC-2

ARTICLE 5

TERMINATION FOR DEFAULT, DAMAGESFOR DELAY, TIME EXTENSIONS ................................................... GC-2

ARTICLE 6

CLAIMS ...............................................................................................GC-3

ARTICLE 7

PAYMENTS TO CONTRACTOR / INVOICINGREQUIREMENTS................................................................................ GC-4

ARTICLE 8

MATERIAL AND WORKMANSHIP ................................................. GC-6

ARTICLE 9

INSPECTION AND ACCEPTANCE .................................................. GC-6

ARTICLE 10

SUPERINTENDENCE BY CONTRACTOR ......................................GC-7

ARTICLE 11

PERMITS AND RESPONSIBILITIES ................................................ GC-7

ARTICLE 12

CONDITIONS AFFECTING THE WORK ......................................... GC-8

ARTICLE 13

OTHER CONTRACTS ........................................................................ GC-8

ARTICLE 14

PATENT INDEMNITY........................................................................ GC-8

ARTICLE 15

ADDITIONAL BOND SECURITY ..................................................... GC-8

ARTICLE 16

REAL PROPERTY RIGHTS ............................................................... GC-8

ARTICLE 17

RECORDS OF TEST PITS AND BORINGS ...................................... GC-9

ARTICLE 18

MATERIALS TO BE FURNISHED BY THE CONTRACTOR ........ GC-9

ARTICLE 19

WATER ................................................................................................ GC-9
GC-i

IFB No. PCCD-17-PCWEWP-01

PART II – Contents

Page No.
ARTICLE 20

WORKWEEK – CONSTRUCTION SCHEDULE .............................. GC-9

ARTICLE 21

SUBCONTRACTORS ....................................................................... GC-10

ARTICLE 22

SURVEYS .......................................................................................... GC-10

ARTICLE 23

SUSPENSION OF WORK .................................................................GC-10

ARTICLE 24

CLEANUP WORK ............................................................................. GC-11

ARTICLE 25

ASSIGNMENT ................................................................................... GC-11

ARTICLE 26

WEATHER ......................................................................................... GC-11

ARTICLE 27

NONCOMPLIANCE WITH CONTRACT REQUIREMENTS ........ GC-12

ARTICLE 28

QUANTITY VARIATIONS .............................................................. GC-12

ARTICLE 29

FEDERAL, STATE, AND LOCAL TAXES ..................................... GC-12

ARTICLE 30

SHOP DRAWINGS ............................................................................ GC-13

ARTICLE 31

TERMINATION FOR CONVENIENCE OF
THE CONTRACTING LOCAL ORGANIZATION ......................... GC-13

ARTICLE 32

PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS ..................... GC-13

ARTICLE 33

OPERATIONS AND STORAGE AREAS ........................................ GC-14

ARTICLE 34

USE AND POSSESSION PRIOR TO COMPLETION ..................... GC-14

ARTICLE 35

LAYOUT OF WORK .........................................................................GC-14

ARTICLE 36

PRECONSTRUCTION CONFERENCE ........................................... GC-14

ARTICLE 37

CONTRACTOR RECORDS .............................................................. GC-15

ARTICLE 38

ARCHEOLOGICAL OR HISTORIC SITES ..................................... GC-15

ARTICLE 39

CONTROL OF EROSION, SEDIMENTATION,
AND POLLUTION ............................................................................ GC-15
GC-ii

IFB No. PCCD-17-PCWEWP-01

PART II – Contents

Page No.
ARTICLE 40[RESERVED] ..................................................................................... GC-15

ARTICLE 41

ACCIDENT PREVENTION & SAFETY (OSHA Supplement) ....... GC-15
A. General Contractor Requirements ...............................................GC-17
B. First Aid and Medical Facilities .................................................. GC-18
C. Physical Qualifications of Employees......................................... GC-18
D. Personal Protective Equipment ................................................... GC-19
E. Machinery and Mechanized Equipment ...................................... GC-19
F. Ladders and Scaffolding .............................................................. GC-21

GC-iiiIFB No. PCCD-17-PCWEWP-01

GC-1 of 22

PART II - GENERAL CONDITIONSARTICLE 1 – DEFINITIONS
Terms used or referred to herein and elsewhere in the contract documents are defined as follows:(a) Contracting Local Organization (CLO): The organization or agency awarding thecontract. (CLO) is the Plum Creek Conservation District, Lockhart, Texas. Also referred to as
District, Government, and Owner.
(b) Contracting Officer (CO): The person who is designated and authorized to enter into andadminister this contract on behalf of the Contracting Local Organization or his/her duly appointed
successor or alternate. No other person has authority to act for the Contracting Officer as stated in these
General Conditions or elsewhere in the contract documents unless such person has been delegatedauthority by the Contracting Officer in writing. Also referred to as Owner’s Representative.
(c) Engineer: The person or his/her representative who is responsible for determining that theContractor’s work conforms to the technical requirements as set forth in the drawings andspecifications. Also called Project Engineer, Contracting Officer’s Representative (COR), andContracting Officer’s Technical Representative (COTR).
(d) Inspector: The person who performs daily inspection services for the CLO at theconstruction site and maintains accurate daily records of the work accomplished and the factors
affecting its progress and quality. Also called NRCS Construction Inspector.
(e) USDA-NRCS. United States Department of Agriculture, Natural Resources Conservation
Service – the Federal agency providing engineering and inspection services for this contract.
(f) Quality Assurance (QA). NRCS Construction Inspector (onsite).
(g) Quality Control (QC). Contractor’s Construction Inspector (onsite).
ARTICLE 2 – SPECIFICATIONS AND DRAWINGSThe Contractor shall keep on the worksite a copy of the drawings and specifications and shall at all
times give the Contracting Officer access thereto. Anything mentioned in the specifications and notshown on the drawings, or shown on the drawings and not mentioned in the specifications, shall beof like effect as if shown or mentioned in both. In case of difference between drawings andspecifications, the specifications shall govern. In case of discrepancy either in the figures, in thedrawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer,
who shall promptly make a determination in writing. Any adjustment by the Contractor without
such a determination shall be at his/her own risk and expense. The Contracting Officer shall furnish
from time to time such detail drawings and other information as considered necessary, unlessotherwise provided.
ARTICLE 3 – CHANGES(a) The Contracting Officer may, at any time, without notice to the sureties, by written order
designated or indicated to be a change order, make any change in the work within the general scopeof the contract, including but not limited to changes:(1) In the specifications (including drawings and designs);(2) In the method or manner of performance of the work;(3) In the Contracting Local Organization-furnished facilities, equipment, materials, services,or site; or(4) Directing acceleration in the performance of the work.

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GC-2 of 22(b) Any other written order or an oral order (which terms as used in this paragraph (b) shall
include direction, instruction, interpretation, or determination) from the Contracting Officer, whichcauses any such change, shall be treated as a change order under this article, provided that theContractor gives the Contracting Officer written notice stating the date, circumstances, and sourceof the order and that the Contractor regards the order as a change order.
(c) Except as herein provided, no order, statement, or conduct of the Contracting Officer shall betreated as a change under this article or entitle the Contractor to an equitable adjustment hereunder.
(d) If any change under this article causes an increase or decrease in the Contractor’s cost of, or
the time required for, the performance of any part of the work under this contract, whether or notchanged by any order, an equitable adjustment shall be made and the contract modified in writing
accordingly: Provided, however, That except for claims based on defective specifications, no claim
for any change under (b) above shall be allowed for any costs incurred more than 20 days before theContractor gives written notice as therein required: And provided further, That in the case of
defective specifications for which the Contracting Local Organization is responsible, the equitableadjustment shall include any increased cost reasonably incurred by the Contractor in attempting tocomply with such defective specifications.
(e) If the Contractor intends to assert a claim for an equitable adjustment under this article,
Contractor must, within 30 days after receipt of a written change order under (a) above or thefurnishing of a written notice under (b) above, submit to the Contracting Officer a written statement
setting forth the general nature and monetary extent of such claim, unless this period is extended by
the Contracting Officer. The statement of claim hereunder may be included in the notice under (b)above.
(f) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted
after final payment under this contract.
ARTICLE 4 – DIFFERING SITE CONDITIONS(a) The Contractor shall promptly, and before such conditions are disturbed, notify theContracting Officer in writing of: (1) subsurface or latent physical conditions at the site differing
materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an
unusual nature, differing materially from those ordinarily encountered and generally recognized as
inhering in work of the character provided for in this contract. The Contracting Officer shallpromptly investigate the conditions, and if he/she finds that such conditions do materially so differ
and cause an increase or decrease in the Contractor’s cost of, or the time required for, performanceof any part of the work under this contract, whether or not changed as a result of such conditions, anequitable adjustment shall be made and the contract modified in writing accordingly.
(b) No claim of the Contractor under this article shall be allowed unless the Contractor has given
the notice required in (a) above; provided, however, the time prescribed therefor may be extended
by the Contracting Officer.
(c) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted
after final payment under this contract.
ARTICLE 5 – TERMINATION FOR DEFAULT, DAMAGES FOR DELAY, TIME
EXTENSIONS(a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, withsuch diligence as will insure its completion within the time specified in this contract, or any
extension thereof, or fails to complete said work within such time, the Contracting Local

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Organization may, by written notice to the Contractor, terminate Contractor’s right to proceed withthe work or such part of the work as to which there has been delay. In such event the Contracting
Local Organization may take over the work and prosecute the same to completion, by contract orotherwise, and may take possession of and utilize in completing the work such materials,
appliances, and plant as may be on the site of the work and necessary therefor. Whether or not theContractor’s right to proceed with the work is terminated, Contractor and his/her sureties shall be
liable for any damage to the Contracting Local Organization resulting from his/her refusal or failure
to complete the work within the specified time.
(b) If the Contracting Local Organization so terminates the Contractor’s right to proceed, theresulting damage will consist of such actual damages until such reasonable time as may be required
for final completion of the work together with any increased costs occasioned the Contracting Local
Organization in completing the work.
(c) If the Contracting Local Organization does not so terminate the Contractor’s right to proceed,
the resulting damage will consist of such actual damages until the work is completed or accepted.
(d) The Contractor’s right to proceed shall not be so terminated nor the Contractor charged withresulting damage if:(1) The delay in the completion of the work arises from unforeseeable causes beyond thecontrol and without the fault or negligence of the Contractor, including but not restricted to, acts ofGod, acts of the public enemy, acts of the Contracting Local Organization in its contractual
capacity, acts of another contractor in the performance of a contract with the Contracting Local
Organization, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually
severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond
the control and without the fault or negligence of both the Contractor and such subcontractors or
suppliers; and(2) The Contractor, within 10 days from the beginning of any such delay (unless theContracting Officer grants a further period of time before the date of final payment under thecontract), notifies the Contracting Officer in writing of the causes of delay.
The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time
for completing the work when, in his/her judgment, such an extension is justified.
(e) The rights and remedies of the Contracting Local Organization provided in this article are in
addition to any other rights and remedies provided by law or under this contract.
(f) As used in paragraph (d)(1) of this article, the term “subcontractors and suppliers” means
subcontractors and suppliers at any tier.
ARTICLE 6 – CLAIMS
Any claim by the Contractor arising by virtue of this contract which is not disposed of by agreement
shall be submitted in writing, together with any written and oral evidence in support thereof, to theContracting Officer for decision. Before making a decision the Contracting Officer shall notify theContractor that any additional written and/or oral evidence in support of the claim may be presented
to the Contracting Officer within 30 days from receipt by the Contractor of such notification, or
within such further period of time as may be granted by the Contracting Officer. The Contracting
Officer shall make a decision in writing and mail or otherwise furnish a signed copy thereof to theContractor. Pending the decision of the Contracting Officer the Contractor shall proceed diligently
with the performance of this contract. [See Also: PART III, Supplemental Conditions, Article 11 –Disputes/Alternative Dispute Resolution]

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ARTICLE 7 – PAYMENTS TO CONTRACTOR / INVOICING REQUIREMENTS(a) The Contracting Local Organization will pay the contract price as hereinafter provided andwill secure review and approval of Contractor invoices by various agencies as required by funding
requirements.
(b) The Contracting Local Organization will make progress payments monthly as the work
proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates
approved by the Contracting Officer. If requested by the Contracting Officer, the Contractor shallfurnish a breakdown of the total contract price showing the amount included therein for eachprincipal category of the work, in such detail as requested, to provide a basis for determining
progress payments. In the preparation of estimates the Contracting Officer, at his/her discretion,
may authorize material delivered on the site and preparatory work done to be taken into
consideration and if the Contractor furnishes satisfactory evidence that he/she has acquired title tothe material and that it will be utilized on the work covered by the contract. Payment for materialdelivered to the Contractor at locations other than the site will not be authorized.
(c) In making such progress payments, 10 percent of the estimated amount shall be retained until
final completion and acceptance of the contract work. However, if the Contracting Officer at any
time after 50 percent of the work has been completed finds satisfactory progress is being made,he/she may authorize any of the remaining progress payments to be made in full without retentionof a percentage. Also, whenever the work is substantially complete, the Contracting Officer, if
he/she finds the amount retained to be in excess of the amount adequate for the protection of theContracting Local Organization, at his/her discretion may release to the Contractor all or a portionof any excess amount. The Contracting Local Organization shall not be obligated to pay any
interest on the 10 percent retainage held on the first 50 percent of work completed. If theContracting Local Organization holds any retainage on the remaining 50 percent of the work
completed, the Contracting Local Organization shall pay interest on such retainage from the date theretainage is withheld to the date of payment to the Contractor. The interest rate to be paid on suchretainage shall be the rate of interest paid by the Contracting Local Organization’s depository bankon interest bearing accounts of similar amounts during the period of time interest accrues asprovided herein. Furthermore, on completion and acceptance of each separate project, public work,or other division of the contract, on which the price is stated separately in the contract, payment may
be made without retention of a percentage.
(d) All material and work covered by progress payments made shall thereupon become the soleproperty of the Contracting Local Organization, but this provision shall not be construed as
relieving the Contractor from the sole responsibility for all material and work upon which payments
have been made or the restoration of any damaged work, or as waiving the right of the Contracting
Local Organization to require the fulfillment of all of the terms of the contract.
(e) “Properly Executed Invoice” Requirements(1) The original and one copy of each invoice are to be delivered to the Contracting Officer atthe designated payment office.
(2) One copy of each invoice and complete documentation of computations and supporting
data as required by PART IV, Construction Specification 7 are to be submitted to the Engineer.
(3) The following must be attached to the original invoice submitted to the Contracting
Officer and to the copy submitted to the Engineer:(i)
A complete remittance address along with vendor’s tax identification number.

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GC-5 of 22(ii)
Billing period.
(iii)
If requesting payment for materials delivered but not installed, Contractor will
provide evidence of title to the materials and that it will be utilized on the work covered by thecontract.
(iv)
Itemization of payment requests by Contract Item Number (CIN) as shown inPART I, Subpart C, Exhibit B—Bid Schedule, of the contract. Invoice will include the quantity
performed that is being invoiced, the unit price (if applicable) and the CIN total price, and a sum
total of amount of payment requested. Invoice will also include the cumulative quantities andamount by CIN.
(f) Designated Payment Office Contact Point. The contact point described below coordinates
the issuance of payments under this contract:
Name:
Karen Bassett
Title:
Office Secretary
Address: Plum Creek Conservation District, 1101 W. San Antonio St., Lockhart, TX 76844
Telephone: (512) 398-2383
FAX: (512) 398-7776(g) Final Payment Request(1) The Contracting Local Organization shall pay the amount due the Contractor under thiscontract after-(i)Completion and acceptance of all work (or each Site upon completion);(ii)
Presentation of a properly executed invoice; and(iii)
Presentation of release as indicated in (g)(3) below.
(2) The FINAL invoice billing shall include the following information:(i)
All documentation called for in the contract documents, and(ii)Consent of the surety, if required, to final payment.
(iii)
Complete and legally effective releases or waivers (satisfactory to Contracting
Local Organization) of all liens arising out of or filed in connection with the work. In lieu thereof
and as approved by Contracting Local Organization, Contractor may furnish receipts or releases infull; an affidavit of Contractor that the releases and receipts include all labor, services, material andequipment for which a lien could be filed, and that all payrolls, material and equipment bills, andother indebtedness connected with the work for which Contracting Local Organization or his/herproperty might in any way be responsible, have been paid or otherwise satisfied. If any
subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release of receipt in
full, Contractor may furnish a bond or other collateral satisfactory to Contracting Local
Organization to indemnify Contracting Local Organization against any lien.
(3) The FINAL invoice shall also contain the following RELEASE OF CLAIMS statement:“I, [Name of Contractor], do hereby release the Plum Creek Conservation District ,Lockhart, Texas, from any and all claims of any character whatsoever arising under andby virtue of contract number [Identify Contract] for Site No. ___ dated [Date] as
amended, except as herein stated [LIST any Exceptions].
_______________________________________________________(Date of Release)(Signature of Contractor)(4) Releases may also be required of the assignee if the Contractor's claim to amounts payable
under this contract has been assigned under Article 25 of these General Conditions – Assignment, of
this contract.

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GC-6 of 22(h) This contract is subject to regulations incorporated in Texas Government Code, Subtitle F,
Chapter 2251 – Payment for Goods and Services, regarding payment due dates, late payment
interest, and claims and disputes. These regulations include, but are not limited to, payments madeby Contracting Local Organization, Contractor, and subcontractors for any work, goods, services,
etc. provided under this contract.
ARTICLE 8 – MATERIAL AND WORKMANSHIP(a) Unless otherwise specifically provided in this contract, all equipment, material, and articles
incorporated in the work covered by this contract are to be new and of the most suitable grade forthe purpose intended. Unless otherwise specifically provided in this contract, reference to any
equipment, material, article, or patented process, by trade name, make, or catalog number, shall be
regarded as establishing a standard of quality and shall not be construed as limiting competition, andthe Contractor may, at his/her option, use any equipment, material, article, or process which in the
judgment of the Contracting Officer, is equal to that named. The Contractor shall furnish to theContracting Officer for his/her approval the name of the manufacturer, the model number, and otheridentifying data and information respecting the performance, capacity, nature, and rating of themachinery and mechanical and other equipment which the Contractor contemplates incorporating in
the work. When required by this contract or when called for by the Contracting Officer, theContractor shall furnish the Contracting Officer for approval full information concerning thematerial or articles which Contractor contemplates incorporating in the work. When so directed,
samples shall be submitted for approval at the Contractor’s expense, with all shipping charges
prepaid. Machinery, equipment, material, and articles installed or used without required approvalshall be at the risk of subsequent rejection.
(b) All work under this contract shall be performed in a skillful and workmanlike manner. The
Contracting Officer may, in writing, require the Contractor to remove from the work any employee
the Contracting Officer deems incompetent, careless, or otherwise objectionable.
ARTICLE 9 – INSPECTION AND ACCEPTANCE(a) All work (which term includes but is not restricted to materials, workmanship, andmanufacture and fabrication of components) shall be subject to inspection and test by theContracting Local Organization at all reasonable times and at all places prior to acceptance. Anysuch inspection and test is for the sole benefit of the Contracting Local Organization and shall notrelieve the Contractor of the responsibility of providing quality control measures to assure that thework strictly complies with the contract requirements. No inspection or test by the Contracting
Local Organization shall be construed as constituting or implying acceptance. Inspection or test
shall not relieve the Contractor of responsibility for damage to or loss of the material prior toacceptance, nor in any way affect the continuing rights of the Contracting Local Organization after
acceptance of the completed work under the terms of paragraph (f) of this article, except as herein
above provided.
(b) The Contractor shall, without charge, replace any material or correct any workmanship foundby the Contracting Local Organization not to conform to the contract requirements, unless in the
public interest the Contracting Local Organization consents to accept such material or workmanshipwith an appropriate adjustment in contract price. The Contractor shall promptly segregate andremove rejected material from the premises.
(c) If the Contractor does not promptly replace rejected material or correct rejected
workmanship, the Contracting Local Organization (1) may, by contract or otherwise, replace such

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GC-7 of 22

material or correct such workmanship and charge the cost thereof to the Contractor, or (2) may
terminate the Contractor’s right to proceed in accordance with Article 5, Termination for Default Damages for Delay – Time Extensions, of these General Conditions.
(d) The Contractor shall furnish promptly, without additional charge, all facilities, labor, andmaterial reasonably needed for performing such safe and convenient inspection and test as may berequired by the Contracting Officer. All inspection and test by the Contracting Local Organization
shall be performed in such manner as not unnecessarily to delay the work. Special, full size, andperformance tests shall be performed as described in this contract. The Contracting Local
Organization reserves the right to charge to the Contractor any additional cost of inspection or testwhen material or workmanship is not ready at the time specified by the Contractor for inspection or
test or when reinspection or retest is necessitated by prior rejection.
(e) Should it be considered necessary or advisable by the Contracting Local Organization at any
time before acceptance of the entire work to make an examination of work already completed, byremoving or tearing out same, the Contractor shall, on request, promptly furnish all necessary
facilities, labor, and material. If such work is found to be defective or nonconforming in any
material respect, due to the fault of the Contractor or his/her subcontractors, Contractor shall defray
all the expenses of such examination and of satisfactory reconstruction. If, however, such work is
found to meet the requirements of the contract, an equitable adjustment shall be made in the contract
price to compensate the Contractor for the additional services involved in such examination andreconstruction and, if completion of the work has been delayed thereby, Contractor shall, in
addition, be granted a suitable extension of time.
(f) Unless otherwise provided in this contract, acceptance by the Contracting Local Organization
shall be made as promptly as practicable after completion and inspection of all work required bythis contract, or that portion of the work that the Contracting Officer determines can be accepted
separately (i.e., each Site upon satisfactory completion of that site). Acceptance shall be final andconclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or
as regards the Contracting Local Organization’s rights under any warranty or guarantee.
ARTICLE 10 – SUPERINTENDENCE BY CONTRACTOR
The Contractor, at all times during performance and until the work is completed and accepted, shallgive his/her personal superintendence to the work or have on the work a competent superintendent,
satisfactory to the Contracting Officer and with authority to act for the Contractor.
ARTICLE 11 – PERMITS AND RESPONSIBILITIESThe Contractor shall, without additional expense to the Contracting Local Organization, be
responsible for obtaining any necessary licenses and permits, and for complying with any
applicable Federal, State, and municipal laws, codes, and regulations, in connection with theprosecution of the work. Contractor shall be similarly responsible for all damages to persons orproperty that occur as a result of his/her fault or negligence. He/she shall take proper safety andhealth precautions to protect the work, the workers, the public, and the property of others.
He/she shall also be responsible for all materials delivered and work performed until completion
and acceptance of the entire construction work, except for any completed unit of construction
thereof which theretofore may have been accepted.

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ARTICLE 12 – CONDITIONS AFFECTING THE WORKThe Contractor shall be responsible for having taken steps reasonably necessary to ascertain thenature and location of the work, and the general and local conditions which can affect the work or
the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from
responsibility for successfully performing the work without additional expense to the Contracting
Local Organization. The Contracting Local Organization assumes no responsibility for any
understanding or representations concerning conditions made by any of its officers or agents prior to
the execution of this contract, unless such understanding or representations by the Contracting Local
Organization are expressly stated in the contract.
ARTICLE 13 – OTHER CONTRACTSThe Contracting Local Organization may undertake or award other contracts for additional work,and the Contractor shall fully cooperate with such other contractors and Contracting Local
Organization employees and carefully fit his/her own work to such additional work as may bedirected by the Contracting Officer. The Contractor shall not commit or permit any act which willinterfere with the performance of work by any other contractor or by Contracting Local
Organization employees.
ARTICLE 14 – PATENT INDEMNITY
Except as otherwise provided, the Contractor agrees to indemnify the Contracting Local
Organization and its officers, agents and employees against liability, including costs and expenses,
for infringement upon any Letters Patent of the United States (except Letters Patent issued upon an
application which is now or may hereafter be, for reasons of national security, ordered by theGovernment to be kept secret or otherwise withheld from issue) arising out of the performance of
this contract or out of the use or disposal by or for the account of the Contracting Local
Organization of supplies furnished or work performed hereunder.
ARTICLE 15 – ADDITIONAL BOND SECURITY
If any surety upon any bond furnished in connection with this contract becomes unacceptable to theContracting Local Organization, or if any such surety fails to furnish reports as to its financial
condition from time to time as requested by the Contracting Local Organization, or if the contract
price is increased to such an extent that the penal sum of any bond becomes inadequate in theopinion of the Contracting Officer, the Contractor shall promptly furnish such additional security as
may be required from time to time to protect the interests of the Contracting Local Organization andof persons supplying labor or materials in the prosecution of the work contemplated by this contract.
ARTICLE 16 – REAL PROPERTY RIGHTS(a) Adequate real property rights needed in order to perform the work under this contract havebeen acquired by or on behalf of the Contracting Local Organization. The right to enter, remove, orotherwise make use of adjacent property, roads, utility lines, fences, and other improvements notincluded within the real property rights provided shall be the sole responsibility of the Contractor.
(b) Where ingress and egress is not defined on the drawings, the Contracting Officer shalldesignate the right-of-way to be used.
(c) The Contractor shall obtain owner’s advance written approval if he/she plans to enter,remove, or otherwise make use of adjacent property, roads, utility lines, fences, and otherimprovements not included within the real property rights provided by the Contracting Local

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Organization. A copy of the written approval must be submitted to the Contracting Officer. The
Contractor is responsible for any and all expenses associated with these items.
ARTICLE 17 – RECORDS OF TEST PITS AND BORINGSThe Contracting Local Organization does not represent that the available records show completely
the existing conditions and does not guarantee any interpretation of these records. The Contractor
assumes all responsibility for deductions and conclusions as to the nature of rock and othermaterials to be excavated, the difficulties of making and maintaining the required excavations andof doing other work affected by the geology of the site of the work, and for the final preparation of
the foundations for the spillway, dikes, and other structures.
ARTICLE 18 – MATERIALS TO BE FURNISHED BY THE CONTRACTOR(a) Unless otherwise specified in this contract, the Contractor shall furnish all materials required
for the completion of the contract.
(b) Unless otherwise waived in writing by the Contracting Officer, the Contractor shall furnish
the Contracting Local Organization with certifications dated and signed by the manufacturer and/or
supplier to the effect that the items listed therein meet the requirements of this contract. Suchcertifications shall be furnished prior to the use of the material in any part of the construction andshall identify the project on which the material is to be used.
ARTICLE 19 – WATER
Unless otherwise specified in this contract, the Contractor shall provide and maintain at his/her own
expense an adequate supply of water suitable for purposes of performing the work.
ARTICLE 20 – WORKWEEK—CONSTRUCTION SCHEDULE(a) Unless furnished prior to contract award, the Contractor shall, prior to commencement ofwork, submit to the Contracting Officer for approval: (1) a construction schedule showing the orderin which he/she proposes to carry on the work indicating the periods during which he/she will
perform work on each item listed in the bid schedule; and (2) the hours and days in which he/she
proposes to carry on the work.
(b) If, in the opinion of the Contracting Officer, the Contractor falls behind the approved
construction schedule, the Contractor shall take such steps as may be necessary to improve his/her
process and the Contracting Officer may require him/her to either increase the number of shifts,
days or hours of work, or the amount of construction plant, or all of them, and to submit for
approval such revised construction schedule as may be deemed necessary to show the manner inwhich the agreed rate of progress will be regained, all without additional cost to the Contracting
Local Organization. If the Contractor fails to submit a revised construction schedule within the time
specified by the Contracting Officer, the Contracting Officer may withhold approval of progress
payments and/or take such other actions as provided in this contract until such time as theContractor submits the required construction schedule.
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under
this article shall be grounds for determination by the Contracting Officer that the Contractor is notprosecuting the work with such diligence as will insure completion within the time specified. Uponsuch determination, the Contracting Officer may terminate the Contractor’s right to proceed withthe work, or any separable part thereof, in accordance with Article 5 of the General Conditions.

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GC-10 of 22(d) The maximum workweek that will be approved is:- Monday through Saturday, up to 10 hours per day.
- Work is permitted during “daylight” hours only.
(e) All work under this contract except minor items of work of an emergency, protective, or
maintenance nature will be suspended for the periods listed below. These days are included in theoriginal contract performance time:
Independence Day: July 4, 2017(f) If the contract performance time is extended after the contract is awarded due to weather andits effects, or for other reasons, all work (except that of an emergency, protective, or maintenancenature) will be suspended on days listed below and the suspension days will be added to theperformance time: none
ARTICLE 21 – SUBCONTRACTORS(a) Work shall not be subcontracted in whole or in part without the prior written approval of theContracting Officer. The request shall be in writing with the name of the proposed subcontractor
and a description of the work to be done.
(b) If at any time the Contracting Officer determines that any subcontractor is incompetent or
undesirable, he/she shall notify the Contractor accordingly and the Contractor shall take immediate
steps for cancellation of the subcontract.
(c) Subcontracting by subcontractors shall be subject to the above requirements.
(d) Nothing contained in this contract shall create any contractual relationship between any
subcontractor and the Contracting Local Organization.
(e) Any subcontract awarded under this contract will not be awarded to any official of the Plum
Creek Conservation District, Texas State Soil and Water Conservation Board, Hays County Soil andWater Conservation District, or Caldwell-Travis Soil and Water Conservation District (all in theState of Texas), or to any firm in which any official or any member of such official’s immediatefamily of these entities has direct or indirect interest in the pecuniary profits or contracts of such
firms.
ARTICLE 22 – SURVEYS
See PART IV, Construction Specification 7 – Construction Surveys.
ARTICLE 23 – SUSPENSION OF WORK(a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt
all or any part of the work for such period of time as he/she may determine to be appropriate for theconvenience of the Contracting Local Organization.
(b) If the performance of all or any part of the work is, for an unreasonable period of time,suspended, delayed, or interrupted by an act of the Contracting Officer in the administration of thiscontract, or by his/her failure to act within the time specified in this contract (or if no time isspecified, within a reasonable time), an adjustment shall be made for any increase in the cost of
performance of this contract (excluding profit) necessarily caused by such unreasonable suspension,delay, or interruption and the contract modified in writing accordingly. However, no adjustment
shall be made under this article for any suspension, delay, or interruption to the extent (1) that
performance would have been so suspended, delayed, or interrupted by any other cause including
the fault or negligence of the Contractor or (2) for which an equitable adjustment is provided for or
excluded under any other provision of this contract.

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GC-11 of 22(c) No claim under this article shall be allowed (1) for any costs incurred more than 20 days
before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act
involved (but this requirement shall not apply as to a claim resulting from a suspension order), and(2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after thetermination of such suspension, delay, or interruption, but not later than the date of final payment
under the contract.
ARTICLE 24 – CLEANUP WORK(a) During performance of the work the Contractor shall keep the work site, areas adjacent to thework site and access roads in an orderly condition, free and clear from debris and discarded
materials. Care shall be taken to prevent spillage when hauling is being done. Any spillage ordebris resulting from the Contractor’s operations shall be immediately removed.
(b) Upon completion of the work the Contractor shall remove from the work site, areas adjacentto the work site and access roads: all plant, buildings, debris, unused materials, concrete forms andother like material belonging to Contractor or used under his/her direction during the construction.
Contractor shall grade all access roads, other than public, removing wheel tracks and smoothing upsuch roads.
ARTICLE 25 – ASSIGNMENTThe Contractor shall not assign in whole or in part this contract without the prior written consent of
the Contracting Local Organization. The Contractor shall not assign any moneys due or to becomedue to him/her under this contract without the prior written consent of the Contracting Local
Organization.
ARTICLE 26 – WEATHER(a) The Contracting Officer may order suspension of the work in whole or in part, commencing
with the day after receipt of the Notice to Proceed by the Contractor, due to weather or the effects ofweather at the site, for such time as he/she considers it unfavorable for satisfactory prosecution of
the work.
(b) When the Contracting Officer orders suspension under (a) of this article, the contract
completion date shall be extended a full calendar day for each calendar day during suspension of thework if:(1) All work is suspended except minor items as may be designated in this contract or as
approved during the suspension period by the Contracting Officer at his/her sole discretion on acase-by-case basis (work of an emergency, protective or maintenance nature may be performed at
any time); and(2) The hours lost in any one workday of the authorized workweek through suspension equal
one-half or more of the hours of an authorized workday.
(c) If the Contracting Officer orders suspension of work as provided in (b) of this article and thehours lost in the workday immediately preceding a nonworkday equal one-half or more of the hours
in an authorized workday, the contract completion date shall be extended a full calendar day foreach nonworkday during suspension of the work.
(d) When the Contracting Officer orders any suspension of the work under this article, theContractor shall not be entitled to any cost or damages resulting from such suspension.
(e) When the contract completion date is extended under this article, the contract shall be
modified in writing accordingly.

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ARTICLE 27 – NONCOMPLIANCE WITH CONTRACT REQUIREMENTS(a) The Contracting Officer may order suspension of the work in whole or in part for such time
as he/she deems necessary because of the failure of the Contractor to comply with any of therequirements of this contract, and the contract completion date shall not be extended on account of
any such suspension of the work.
(b) When the Contracting Officer orders any suspension of the work under (a) of this article, theContractor shall not be entitled to any costs or damages resulting from such suspension.
(c) The rights and remedies of the Contracting Local Organization provided in this article are in
addition to any other rights and remedies provided by law or under this contract.
ARTICLE 28 – QUANTITY VARIATIONS(a) Where the quantity of work shown for an item in the bid schedule, including any
modification thereof, is estimated, no adjustment of the contract price nor of the performance timeshall be made for overruns or underruns which are within 25 percent of the estimated quantity of
any such item.
(b) For overruns of more than 25 percent, the Contracting Officer shall re-estimate the quantity
for the item, establish an equitable contract price for the overrun of more than 25 percent, adjust
contract performance time equitably, and modify the contract in writing accordingly; this article tothereafter be applicable to the total re-estimated item quantity.
(c) For underruns of more than 25 percent, the Contracting Officer shall determine the quantity
for the item, establish an equitable contract price therefor, adjust contract performance time
equitably, and modify the contract in writing accordingly.
ARTICLE 29 – FEDERAL, STATE, AND LOCAL TAXES(a) Except as otherwise provided, contract unit prices shall include all applicable Federal, State,
and local taxes.
(b) Texas State, County, and Municipal Sales and Use Tax. (1) The Contracting Local
Organization is an exempt entity per §151.309(5) of the Limited Sales, Excise, and Use Tax Act(Texas Tax Code Chapter 151 – Limited Sales, Excise, and Use Tax) and will issue the Contractor
an affidavit as proof of this exemption. This contract is a “lump-sum contract” as defined by Texas
Administrative Code, Title 34, Part 1, Chapter 3, Subchapter O – State Sales and Use Tax, Rule
§3.291 (Contractors).
(2) When purchased by the Contractor for use in performance of this contract, certain
tangible personal property and taxable services are exempt from State Sales and Use Tax under
Texas Tax Code §151.311, and in most cases are also exempt from County and Municipal Sales and
Use Tax. Contractor is subject to tax responsibilities in Texas Administrative Code Rule §3.291,
section (c), and is responsible to issue a properly completed exemption certificate to a supplier inaccordance with section (c)(5).
(3) Contractor is solely responsible to be adequately familiar with and comply with all
requirements of Texas Tax Code, Texas Administrative Codes, and any other State/local regulations
when claiming tax exemption for purchase of items for use in the performance of this contract.
(4) “Contractor” as used in this paragraph (b) includes subcontractors as defined in Texas
Administrative Code Rule §3.291, section (a)(3).

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ARTICLE 30 – SHOP DRAWINGS(a) The term “shop drawings” includes drawings, diagrams, layouts, schematics, descriptive
literature, illustrations, schedules, performance and test data, and similar materials furnished by theContractor to explain in detail specific portions of the work required by the contract.
(b) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, andreview them for accuracy, completeness, and compliance with contract requirements and shallindicate his/her approval thereon as evidence of such coordination and review. Shop drawings
submitted to the Contracting Officer without evidence of the Contractor’s approval may be returned
for resubmission. The Contracting Officer will indicate his/her approval or disapproval of the shop
drawings and if not approved as submitted shall indicate his/her reasons therefor. Any work done
prior to such approval shall be at the Contractor’s risk. Approval by the Contracting Officer shallnot relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from
responsibility for complying with the requirements of this contract, except with respect to variations
described and approved in accordance with (c) below.
(c) If shop drawings show variations from the contract requirements, the Contractor shalldescribe such variations in writing, separate from the drawings, at the time of submission. If theContracting Officer approves any such variation(s), he/she shall issue an appropriate contract
modification, except that, if the variation is minor and does not involve a change in price or in timeof performance, a modification need not be issued.
ARTICLE 31 – TERMINATION FOR CONVENIENCE OF THE CONTRACTINGLOCAL ORGANIZATIONThe Contracting Officer, by written notice, may terminate this contract in whole or in part, when it
is in the interest of the Contracting Local Organization. If this contract is so terminated, theContractor shall be compensated for all necessary and reasonable direct costs of performing thework actually accomplished. In addition, the Contractor shall be paid 10 percent for overhead
expenses based on said direct costs, and 5 percent for profit based on the total of direct costs andoverhead costs. From this will be deducted any payments or reimbursements previously paid andsalvage value of materials paid for by the Contracting Local Organization but not used. Provided
however, no profit shall be paid if the Contractor would have incurred a loss had the entire contract
been completed.
ARTICLE 32 – PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (suchas trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed andwhich do not unreasonably interfere with the work required under this contract. The Contractor
shall only remove trees when specifically authorized to do so, and shall avoid damaging
vegetation that will remain in place. If any limbs or branches of trees are broken during contract
performance, or by the careless operation of equipment, or by workmen, the Contractor shalltrim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as
directed by the Contracting Officer.
(b) The Contractor shall protect from damage all existing improvements and utilities (1) at ornear the work site, and (2) on adjacent property of a third party, the locations of which are madeknown to or should be known by the Contractor. The Contractor shall repair any damage tothose facilities, including those that are the property of a third party, resulting from failure toIFB No. PCCD-17-PCWEWP-01

GC-14 of 22

comply with the requirements of this contract or failure to exercise reasonable care in performing
the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting
Officer may have the necessary work performed and charge the cost to the Contractor.
ARTICLE 33 – OPERATIONS AND STORAGE AREAS(a) The Contractor shall confine all operations (including storage of materials) on Contracting
Local Organization premises to areas authorized or approved by the Contracting Officer. The
Contractor shall hold and save the Contracting Local Organization, its officers and agents, freeand harmless from liability of any nature occasioned by the Contractor's performance.
(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by theContractor only with the approval of the Contracting Officer and shall be built with labor andmaterials furnished by the Contractor without expense to the Contracting Local Organization. The
temporary buildings and utilities shall remain the property of the Contractor and shall be removedby the Contractor at its expense upon completion of the work. With the written consent of theContracting Officer, the buildings and utilities may be abandoned and need not be removed.
(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only
established roadways, or use temporary roadways constructed by the Contractor when and as
authorized by the Contracting Officer. When materials are transported in prosecuting the work,
vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer ofthe vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary
to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shallrepair or pay for the repair of any damaged curbs, sidewalks, or roads.
ARTICLE 34 – USE AND POSSESSION PRIOR TO COMPLETION(a) The Contracting Local Organization shall have the right to take possession of or use any
completed or partially completed part of the work. Before taking possession of or using any
work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be
performed or corrected on those portions of the work that the Contracting Local Organization
intends to take possession of or use. However, failure of the Contracting Officer to list any itemof work shall not relieve the Contractor of responsibility for complying with the terms of thecontract. The Contracting Local Organization's possession or use shall not be deemed an
acceptance of any work under the contract.
(b) While the Contracting Local Organization has such possession or use, the Contractor shallbe relieved of the responsibility for the loss of or damage to the work resulting from theContracting Local Organization's possession or use, notwithstanding the terms of Article 11(Permits and Responsibilities) of these General Conditions. If prior possession or use by theContracting Local Organization delays the progress of the work or causes additional expense to
the Contractor, an equitable adjustment shall be made in the contract price or the time ofcompletion, and the contract shall be modified in writing accordingly.
ARTICLE 35 – LAYOUT OF WORK
See PART IV, Construction Specification 7 – Construction Surveys.
ARTICLE 36 – PRECONSTRUCTION CONFERENCE
If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror
will be notified and will be required to attend. The Contracting Officer's notification will include

IFB No. PCCD-17-PCWEWP-01

GC-15 of 22

specific details regarding the date, time, and location of the conference, any need for attendanceby subcontractors, and information regarding the items to be discussed.
ARTICLE 37 – CONTRACTOR RECORDS(a) Access to Records. Contractor shall provide access by Contracting Local Organization,
Texas State Soil and Water Conservation Board, or USDA-NRCS, or any of their duly authorized
representatives, to any books, documents, papers, and records of the Contractor which are directly
pertinent to the contract for the purpose of making audit, examination, excerpts, and transcriptions.
(b) Retention of Records. Contractor shall retain all records requiring access per paragraph (a)above for three (3) years after the Contracting Local Organization makes final payment under thecontract and all other pending matters between the Contracting Local Organization and theContractor under the contract are closed.
ARTICLE 38 – ARCHEOLOGICAL OR HISTORIC SITES
If a previously unidentified archeological or historic site(s) is encountered, the Contractor shalldiscontinue work in the general area of the site(s) and notify the Contracting Officer immediately.
ARTICLE 39 – CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent
silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs,etc.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials
shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into
natural or man-made channels. Wash water or waste from concrete or aggregate operations shallnot be allowed to enter live streams prior to treatment by filtration, settling, or other means
sufficient to reduce the sediment content to not more than that of the stream into which it isdischarged.
(c) Mechanized equipment shall not be operated in flowing streams without written approvalby the Contracting Officer.
ARTICLE 40 – [RESERVED]
ARTICLE 41 – ACCIDENT PREVENTION AND SAFETY(a) The Contractor shall provide and maintain work environments and procedures which will:(1) Safeguard the public and Contracting Local Organization personnel, property,materials, supplies, and equipment exposed to Contractor operations and activities;(2) Avoid interruptions of Contracting Local Organization operations and delays in projectcompletion dates; and(3) Control costs in the performance of this contract.
(b) Whenever the Contracting Officer becomes aware of any noncompliance with theserequirements or any condition which poses a serious or imminent danger to the health or safetyof the public or Contracting Local Organization personnel, the Contracting Officer shall notify
the Contractor orally, with written confirmation, and request immediate initiation of corrective
action. This notice, when delivered to the Contractor or the Contractor's representative at thework site, shall be deemed sufficient notice of the noncompliance and that corrective action is

IFB No. PCCD-17-PCWEWP-01

GC-16 of 22

required. After receiving the notice, the Contractor shall immediately take corrective action. If
the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may
issue an order stopping all or part of the work until satisfactory corrective action has been taken.
The Contractor shall not be entitled to any equitable adjustment of the contract price or extensionof the performance schedule on any stop work order issued under this article.
(c) The Contractor shall insert this article, including this paragraph (c), with appropriatechanges in the designation of the parties, in subcontracts.
(d) Before commencing the work, the Contractor shall-(1) Submit a written proposed plan for implementing this article. The plan shall include ananalysis of the significant hazards to life, limb, and property inherent in contract work
performance and a plan for controlling these hazards; and(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual
understanding relative to administration of the overall safety program.
(e) In the event there is a conflict between the requirements contained in the specifications,Contractor’s safety program, and U.S. Department of Labor construction safety and healthstandards, the more stringent requirement will prevail.
(f) Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts
1910 and 1926 Construction Industry Standards and Interpretations, and with the supplement below:

Supplement to OSHA Parts 1910 and 1926 Construction
Industry Standards and Interpretations
Requests for variances or waiver from this supplement are to be made to the Contracting Officer
in writing supported by evidence that every reasonable effort has been made to comply with thecontractual requirements. A written request for a waiver or a variance shall include-(1)(2)(3)

Specific reference to the provision or standard in question;
An explanation as to why the waiver is considered justified; andThe Contractor's proposed alternative, including technical drawings, materials, or
equipment specifications needed to enable Contracting Officer to render a decision.

No waiver or variance will be approved if it endangers any person. The Contractor shall notproceed under any requested revision of a provision until the Contracting Officer has given
written approval. The Contractor is to hold and save harmless the United States Department ofAgriculture, Natural Resources Conservation Service, and the Contracting Local Organization
free from any claims or causes of action whatsoever resulting from the Contractor or
Subcontractors proceeding under a waiver or approved variance.
Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations, may
be obtained from:Superintendent of Documents
U.S. Government Printing Office
Washington, DC 20402

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GC-17 of 22

A. GENERAL CONTRACTOR REQUIREMENTS(1) SAFETY PROGRAM. Each Contractor is to demonstrate that he or she has facilities for
conducting a safety program commensurate with the work under contract. The Contractor is tosubmit in writing a proposed comprehensive safety program to the Contracting Officer for
approval before the start of operations. The program is to specifically state what provisions theContractor proposes to take for the health and safety of all employees, including subcontractors
and rental equipment operators. The program shall be site specific and provide details relevantto the work to be done, the hazards associated with the work, and the actions that will benecessary to minimize the identified hazards.
(2) PRECONSTRUCTION SAFETY MEETING. Representatives for the Contractor are tomeet with the Contracting Officer or the CO’s Representative before commencing work to
discuss the safety program and the implementation of all health and safety standards pertinent to
the work under this contract.
(3) JOINT SAFETY POLICY COMMITTEE. The Contractor or designated on-site
representative is to participate in monthly meetings of a joint Safety Policy Committee,
composed of Contracting Officer, CLO Engineer and/or Inspector, and Contractor supervisorypersonnel. At these meetings the Contractor's project manager and the Contracting Officer will
review the effectiveness of the Contractor's safety effort, resolve current health and safety
problems, and coordinate safety activities for upcoming work.
(4) SAFETY PERSONNEL. Each Contractor is to designate a competent supervisory
employee satisfactory to Contracting Officer to administer the safety program.
(5) SAFETY MEETINGS. A minimum of one "on-the-job" or "toolbox" safety meeting is tobe conducted each week by all field supervisors or foremen and attended by mechanics and all
personnel at the jobsite. The Contractor is to also conduct regularly scheduled supervisory safety
meetings at least monthly for all levels of job supervision.
(6) SAFETY INSPECTION. The Contractor shall perform frequent and regular safety
inspections of the jobsite, materials, and equipment, and shall correct deficiencies.
(7) FIRST AID TRAINING. Every Contractor foreman's work crew must include an
employee who has a current first aid certificate from the Mine Safety and Health Administration,
American Red Cross, or other state-approved organization.
(8) REPORTS. Each contractor is to maintain an accurate record of all job-related deaths,
diseases, or disabling injuries. The records shall be maintained in a manner approved by theContracting Officer. A copy of all reports is to be provided to the Contracting Officer. All fatalor serious injuries are to be reported immediately to the Contracting Officer, and every assistanceis to be given in the investigation of the incident, including submission of a comprehensive
narrative report to the Contracting Officer. Other occurrences with serious accident potential,
such as equipment failures, slides, and cave-ins, must also be reported immediately. The
Contractor is to assist and cooperate fully with the Contracting Officer in conducting accident
investigations. The Contracting Officer is to be furnished all information and data pertinent toinvestigation of an accident.
(9) CERTIFICATION OF INSURANCE. Contractors are to provide the Contracting Officer
with certificates of insurance before the start of operations indicating full compliance with StateIFB No. PCCD-17-PCWEWP-01

GC-18 of 22

Worker's Compensation statutes, as well as other certificates of insurance required under thecontract. [See PART III – Supplemental Conditions, Articles 1, 2, and 3.]
B. FIRST AID AND MEDICAL FACILITIES(1) FIRST AID KITS. A 16-unit first aid kit approved by the American Red Cross is to beprovided at accessible, well-identified, locations at the ratio of at least 1 kit for each 25
employees. The first aid kits are to be moistureproof and dusttight, and the contents of the kits
are to be replenished as used or as they become ineffective or outdated.
(2) EMERGENCY FIRST AID. At least one employee certified to administer emergency
first aid must be available on each shift and duly designated by the Contractor to care for injured
employees. The names of the certified employees shall be posted at the jobsite.
(3) COMMUNICATION AND TRANSPORTATION. Prior to the start of work, theContractor is to make necessary arrangements for prompt and dependable communications,transportation, and medical care for injured employees. At least one stretcher and two blankets
shall be readily available for transporting injured employees.
(4) FIRST AID AND MEDICAL REPORTS. The Contractor is to maintain a record system
for first aid and medical treatment on the jobsite. Such records are to be readily available to theContracting Officer and are to include-(a) A daily treatment log listing chronologically all persons treated for occupational
injuries and illnesses;(b) Cumulative record of injury for each individual;(c) Monthly statistical records of occupational injuries, classified by type and nature of
injury; and(d) Required records for worker's compensation.
(5) SIGNS AND DIRECTIONAL MARKINGS. Adequate identification and directional
markers are to be provided to readily denote the location of all first aid stations.
(6) EMERGENCY LISTING. A listing of telephone numbers and addresses of doctor, rescue
squad, hospital, police, and fire departments is to be provided at all first aid locations.
C. PHYSICAL QUALIFICATIONS OF EMPLOYEES(1) GENERAL REQUIREMENTS. Persons employed throughout the contract are to bephysically qualified to perform their assigned duties. Employees must not knowingly bepermitted or required to work while their ability or alertness is impaired by fatigue, illness, or
any other reason that may jeopardize themselves or others.
(2) HOIST OPERATORS. Operators of cranes, cableways, and other hoisting equipment
shall be examined annually by a physician and provided with a certification stating that they arephysically qualified to safely operate hoisting equipment. The Contractor is to submit a copy ofeach certification to the Contracting Officer.
(3) HEAVY EQUIPMENT OPERATORS. It is recommended that operators of trucks andheavy equipment be given physical examinations to determine if they are physically qualified toperform their assigned work without endangering themselves or others.

IFB No. PCCD-17-PCWEWP-01

GC-19 of 22(4) MOTOR VEHICLE OPERATORS. Operators of motor vehicles engaged primarily in thetransportation of personnel are to be 18 years of age or older and have a valid state operator's
permit or license for the equipment being operated. The operators must have passed a physicalexam administered by a licensed physician within the past year showing that they are qualified tooperate vehicles safely.
D. PERSONAL PROTECTIVE EQUIPMENT(1) HARD HAT AREAS. The entire jobsite, with the exception of offices, shall beconsidered a hard hat area. All persons entering the area are, without exception, required to wear
hard hats. The Contractor shall provide hard hats for visitors entering hard hat areas.
(2) LABELS. Hard hats shall bear a manufacturer's label indicating design compliance withthe appropriate ANSI (American National Standards Institute) standard.
(3) POSTING.
(a) Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high)and white background shall be erected at access points to designated hard hat areas:
CONSTRUCTION AREA - HARD HATSREQUIRED BEYOND THIS POINT(b) These signs are to be furnished and installed by the Contractor at entries to shops,
service yards, and job access points.
(4) SAFETY GOGGLES (DRILLERS). DRILLERS AND HELPERS. Drillers and helpers
operating pneumatic rock drills must wear protective safety goggles.
E. MACHINERY AND MECHANIZED EQUIPMENT(1) SAFE CONDITION. Before any machinery or mechanized equipment is initially used on
the job, it must be inspected and tested by qualified personnel and determined to be in safe
operating condition and appropriate for the intended use. Operators shall inspect their equipment
prior to the beginning of each shift. Any deficiencies or defects shall be corrected prior to using
the equipment. Safety equipment, such as seatbelts, installed on machinery is to be used byequipment operators.
(2) TAGGING AND LOCKING. The controls of power-driven equipment under repair are to
be locked. An effective lockout and tagging procedure is to be established, prescribing specificresponsibilities and safety procedures to be followed by the person or persons performing repair
work. Mixer barrels are to be securely locked out before permitting employees to enter them forcleaning or repair.
(3) HAUL ROADS FOR EQUIPMENT(a) ROAD MAINTENANCE. The Contractor shall maintain all roadways, including haulroads and access roads, in a safe condition so as to eliminate or control dust and ice hazards.
Wherever dust is a hazard, adequate dust-laying equipment shall be available at the jobsite andutilized to control the dust.
(b) SINGLE-LANE HAUL ROADS. Single-lane haul roads with two-way traffic shallhave adequate turnouts. Where turnouts are not practical, a traffic control system shall be
provided to prevent accidents.

IFB No. PCCD-17-PCWEWP-01

GC-20 of 22(c) TWO-WAY HAUL ROADS. On two-way haul roads, arrangements are to be suchthat vehicles travel on the right side wherever possible. Signs and traffic control devices are tobe employed to indicate clearly any variations from a right-hand traffic pattern. The road shallbe wide enough to permit safe passage of opposing traffic, considering the type of haulingequipment used.
(d) DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria anddrawings, if requested by the Contracting Officer, are to be submitted for approval prior to road
construction. Sustained grades shall not exceed 12 percent and all curves shall have open-sightline with as great a radius as practical. All roads shall be posted with curve signs and maximum
speed limits that will permit the equipment to be stopped within one-half the minimum sightdistance.
(e) OPERATORS. Machinery and mechanized equipment shall be operated only byauthorized qualified persons.
(f) RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel isprohibited. Seating and safety belts shall be provided for the operator and all passengers.
(g) GETTING ON OR OFF EQUIPMENT. Getting on or off equipment while theequipment is in motion is prohibited.
(h) HOURS OF OPERATION. Except in emergencies, an equipment operator shall not
operate any mobile or hoisting equipment for more than 12 hours without an 8-hour rest interval
away from the job.
(4) POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER
CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS,
AND HOISTS)(a) PERFORMANCE TEST. Before initial on-site operation, at 12-month intervals, andafter major repairs or modification, power cranes, derricks, cableways, and hoists mustsatisfactorily complete a performance test to demonstrate the equipment's ability to safely handle
and maneuver the rated loads. The tests shall be conducted in the presence of a representative of
the Contracting Officer (the Engineer and/or Inspector). Test data shall be recorded and a copy
furnished to the Contracting Officer.
(b) PERFORMANCE TEST--POWER CRANES (CRAWLER MOUNTED, TRUCKMOUNTED, AND WHEEL MOUNTED). The performance test is to be carried out as per
ANSI requirements. The test is to consist of raising, lowering and braking the load and rotating
the test load through 360º at the specified boom angle or radius. Cranes equipped with jibs orboom tip extensions are to be tested using both the main boom and the jib, with an appropriate
test load in each case.
(c) PERFORMANCE TEST--DERRICKS, GANTRY CRANES, TOWER CRANES,CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES. This equipment is to be
performance tested as per with ANSI requirements.
(d) BOOM ANGLE INDICATOR. Power cranes (including draglines) with booms
capable of moving in the vertical plane shall be provided with a boom angle indicator in goodworking order.

IFB No. PCCD-17-PCWEWP-01

GC-21 of 22(e) CRANE TEST CERTIFICATION. The performance test required by (4)(b) and (c) isfulfilled if the Contractor provides the Contracting Officer a copy of the certificate of inspection
made within the past 12 months by a qualified person or by a government or private agency
satisfactory to the Contracting Officer.
(f) POSTING FOR HIGH VOLTAGE LINES. A notice of the 10-foot (or greater)clearance required by OSHA 1926.550, Subpart N, shall be posted in the operator's cab of
cranes, shovels, boom-type concrete pumps, backhoes, and related equipment.
(g) BOOM STOPS. Cranes or derricks with cable-supported booms, except draglines,
shall have a device attached between the gantry of the A-frame and the boom chords to limit theelevation of the boom. The device shall control the vertical motions of the boom with increasing
resistance from 83° or less, until completely stopping the boom at not over 87° above horizontal.
(h) SAFETY HOOKS. Hooks used in hoisting personnel or hoisting loads overconstruction personnel or in the immediate vicinity of construction personnel shall be forgedsteel equipped with safety keepers. When shackles are used under these conditions, they shall beof the locking type or have the pin secured to prohibit turning.
(5) ROLLOVER PROTECTIVE STRUCTURES (ROPS)(a) ROLLOVER PROTECTIVE STRUCTURES. OSHA 1926, Subpart W, Overhead
Protection, Sections 1001 and 1002 are applicable regardless of the year in which the equipment
was manufactured and regardless of the struck capacity of the equipment.
(b) EQUIPMENT REQUIRING ROPS. The requirement for ROPS meeting (5)(a) above
applies to crawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors,
tractors with backhoes, and mowers; off-highway, self-propelled, pneumatic-tired earthmovers,
including scrapers, motor graders and loaders; and rollers, compactors, water tankers (excluding
trucks with cabs). These requirements shall also apply to agricultural and industrial tractors andsimilar equipment.
(c) EQUIPMENT REQUIRING SEATBELTS. The requirements for seatbelts as
specified in OSHA Subpart 0, Motor Vehicles, Mechanized Equipment, and Marine Operations,
Section 1926.602 shall also apply to self-propelled compactors and rollers, and rubber-tired skidsteer equipment.
F. LADDERS AND SCAFFOLDING(1) LADDERS. OSHA 1926, Subpart L - Section 450. Ladders shall be used as work
platforms only when use of small hand tools or handling of light material is involved. No workrequiring lifting of heavy materials or substantial exertion shall be done from ladders.
(2) SCAFFOLDING. OSHA 1926, Subpart L - Section 451. Scaffolds, platforms or
temporary floors shall be provided for all work except that which can be done safely from theground or similar footing.
(3) SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104.
Lifelines, safety belts and lanyards independently attached or attended, shall be used when
performing such work as the following when the requirements of F(1) or (2) above cannot be
met.
(a) Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.

IFB No. PCCD-17-PCWEWP-01

GC-22 of 22(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety
nets, tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or otherunguarded locations at elevations greater than 6 feet.
(c) Work on skips and platforms used in shafts by crews when the skip or cage does notblock the opening to within 1 foot of the sides of the shaft, unless cages are provided.

IFB No. PCCD-17-PCWEWP-01

PART III - Contents

PART III
SUPPLEMENTAL CONDITIONS
Table of Contents
Page No.
ARTICLE 1

TYPES AND LIMITS OF INSURANCE ............................................ SC-1

ARTICLE 2

SETTLEMENT OF INSURANCE CLAIMS ....................................... SC-2

ARTICLE 3

WORKERS’ COMPENSATION INSURANCE COVERAGE........... SC-2

ARTICLE 4

POST-AWARD INFORMATION ....................................................... SC-4

ARTICLE 5PERFORMANCE OF WORK BY CONTRACTOR ........................... SC-5

ARTICLE 6

COMMENCEMENT, PROSECUTION, AND
COMPLETION OF WORK ................................................................ SC-5

ARTICLE 7

VENUE ................................................................................................. SC-5

ARTICLE 8

WAGES / BENEFITS........................................................................... SC-6

ARTICLE 9ETHICS / CONFLICTS OF INTEREST.............................................. SC-7

ARTICLE 10

PROTESTS ........................................................................................... SC-7

ARTICLE 11

DISPUTES / ALTERNATIVE DISPUTE RESOLUTION ................. SC-8

ARTICLE 12

INDEMNIFICATION CLAUSE ........................................................ SC-11

ARTICLE 13

PERFORMANCE AND PAYMENT BONDS .................................. SC-11

ARTICLE 14

EQUAL OPPORTUNITY (FEDERALLYASSISTED CONSTRUCTION)......................................................... SC-12

ARTICLE 15

NOTICE TO PROSPECTIVE FEDERALLYASSISTED CONSTRUCTION CONTRACTORS(Certification of Nonsegregated Facilities) ......................................... SC-13

SC-i

IFB No. PCCD-17-PCWEWP-01

PART III - Contents

Page No.
ARTICLE 16

STANDARD FEDERAL EQUAL EMPLOYMENTOPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS (EXECUTIVE ORDER 11246) ......................... SC-14

ARTICLE 17

CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY & VOLUNTARYEXCLUSION—LOWER TIER COVERED TRANSACTIONS ...... SC-19

ARTICLE 18

CERTIFICATION REGARDING LOBBYINGCERTIFICATION FOR CONTRACTS, GRANTS,
LOANS, AND COOPERATIVE AGREEMENTS ............................ SC-20

ARTICLE 19

CLEAN AIR AND WATER CLAUSE / CERTIFICATION ............ SC-21

ARTICLE 20

SUBCONTRACTOR CERTIFICATION – TPDES .......................... SC-22

SC-ii

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PART III - SUPPLEMENTAL CONDITIONSARTICLE 1 – TYPES AND LIMITS OF INSURANCE
Satisfactory certificates of insurance shall be filed with Contracting Local Organization prior tocommencement of any work on this contract. Insurance requirements stated below do not establish
limits of the Contractor’s liability.
(a) Workmen's Compensation and Employer's Liability Insurance(1) Contractor shall provide workmen’s compensation and employee’s liability insurance
at own expense. This insurance shall protect Contractor against all claims under applicable state
workmen's compensation laws. Contractor shall also be protected against claims for injury,
disease, or death of employees which, for any reason, may not fall within the provisions of aworkmen's compensation law.
(2) The liability limits shall be not less than:
Workmen's Compensation
Statutory
Employer's Liability$500,000(b) Comprehensive Automobile Liability Insurance(1) Contractor shall provide comprehensive automobile liability insurance at own expense.
This insurance shall be written in comprehensive form and shall protect Contractor against all
claims for injuries to members of the public and damage to property of others arising from the useof motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for
highway use, whether they are owned, non-owned, or hired.
(2) Policy shall list CLO as additional named insured per Article 1(f).
(3) The liability limits shall be not less than:
Bodily injury$250,000 each person$500,000 each occurrence
Property damage$250,000 each occurrence(c) Comprehensive General Liability Insurance(1) Contractor shall provide comprehensive general liability insurance at own expense.
This insurance shall be written in comprehensive form and shall protect Contractor against all
claims arising from injuries to persons other than his/her employees or damage to property ofContracting Local Organization or others arising out of any act or omission of Contractor or
his/her agents, employees, or subcontractors. The policy shall also include protection against
claims insured by usual personal injury liability coverage, such as a "protective liability"
endorsement to insure the contractual liability assumed by Contractor.
(2) To the extent that Contractor's work, or work under his/her direction, may require
blasting, explosive conditions, or underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting, explosion, collapse of building, or damage
to underground property.
(3) Policy shall list CLO as additional named insured per Article 1(f).
(4) The liability limits shall be not less than:
Bodily injury$500,000 each occurrence
Property damage$250,000 each occurrence

Aggregate$1 million

IFB No. PCCD-17-PCWEWP-01

SC-2 of 22(d) Umbrella Liability Policy. If aggregate of Comprehensive General Liability Insurance in(c)(4) above does not equal or exceed $1 million, the Contractor shall provide umbrella liability
policy at its own expense. This insurance shall protect Contractor against all claims in excess of
the limits provided under the workmen's compensation and employer's liability, comprehensive
automobile liability, and general liability policies. The liability limits of the umbrella liability
policy shall not be less than $1,000,000. The policy shall list CLO as additional named insured
per Article 1(f).
(e) Policy Cancellation. Each policy shall contain a provision that the coverage afforded will
not be canceled or materially changed until at least 30 days prior written notice has been given to
the Contracting Local Organization or Contracting Officer.
(f) Additional Named Insured. The Contracting Local Organization (CLO) shall be listed as anadditional named insured on Comprehensive Automobile Liability, Comprehensive General
Liability, and Umbrella Liability policies(g) Waiver of Subrogation. All policies of insurance shall waive all rights of subrogation against
the Contracting Local Organization, its officers, employees and agents.
ARTICLE 2 – SETTLEMENT OF INSURANCE CLAIMS
Losses insured under policies that include Contracting Local Organization, as a named insured, shallbe adjusted with Contracting Local Organization and made payable to Contracting Local
Organization as trustee for the insureds, as their interests may appear.
ARTICLE 3 – WORKERS’ COMPENSATION INSURANCE COVERAGE
Contractor shall provide worker’s compensation insurance coverage as specified below at own
expense.
(a) Definitions. (1) Certificate of coverage (“certificate”)—A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers’ Compensation Commission(TWCC), or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers’ compensation insurance coverage for the person’s or entity’s employees
providing services on a project, for the duration of the project.
(2) 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 theContracting Local Organization.
(3) Persons providing services on the project (“subcontractor” in §406.096, 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, owneroperators, employees of any such entity, or employees of any entity which furnishes persons toprovide services on the project. “Services” include, without limitation, providing, hauling, ordelivering 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 andpayroll amounts and filing of any coverage agreements, which meets the statutory requirements of

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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 Contracting Local Organization
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 newcertificate of coverage with the Contracting Local Organization showing that coverage has been
extended.
(e) The Contractor shall obtain from each person providing services on a project, and provide to
the Contracting Local Organization:(1) A certificate of coverage, prior to that person beginning work on the project, so theContracting Local Organization will have on file certificates of coverage showing coverage for all
persons providing services on the project, and(2) No later than seven 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 coverageends during the duration of the project.
(f) The Contractor shall retain all required certificates of coverage for the duration of the project
and then in accordance with PART II, General Conditions, Article 37, Contractor Records.
(g) The Contractor shall notify the Contracting Local Organization in writing by certified mail or
personal delivery, within 10 days after the Contractor knew or should have known, of any changethat 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 [see paragraph (l) of this Article], inthe text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing
all persons providing services on the project that they are required to be covered, and stating how aperson 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, which meets the statutory requirements of Texas Labor
Code, Section 401.011 (44) for all of its employees providing services on the project, for theduration 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 ofcoverage showing extension of coverage, if the coverage period shown on the current certificate ofcoverage ends during the duration of the project;(4) Obtain from each other person with whom it contracts, and provide to the Contractor:(i)a certificate of coverage, prior to the other person beginning work on the project;
andIFB No. PCCD-17-PCWEWP-01

SC-4 of 22(ii)
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 thenin accordance with PART II – General Conditions, Article 37 – Contractor Records;(6) Notify the Contracting Local Organization in writing by certified mail or personaldelivery, within 10 days after the person knew or should have known, of any change that materiallyaffects 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 byparagraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they areproviding services.
(j) By signing this contract or providing or causing to be provided a certificate of coverage, theContractor is representing to the Contracting Local Organization that all employees of theContractor 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 ofclassification codes and payroll amounts, and that all coverage agreements will be filed with theappropriate insurance carrier or, in the case of a self-insured, with TWCC’s Division of SelfInsurance Regulation. Providing false or misleading information may subject the Contractor toadministrative 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 theContractor which entitles the Contracting Local Organization to declare the contract void if theContractor does not remedy the breach within ten days after receipt of notice of breach from theContracting Local Organization.
(l) Posting of Notice: “REQUIRED WORKER’S COMPENSATION COVERAGE”“The law requires that each person working on this site or providing services related to thisconstruction project must be covered by workers’ compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials, or providing labor ortransportation or other service related to the project, regardless of the identity of theiremployer or status as an employee.
Call the Texas Workers’ Compensation Commission at 512/804-4345 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer’s failure to provide coverage.”
ARTICLE 4 – POST-AWARD INFORMATION
Within five (5) workdays after receipt of Notice of Award, Contractor shall submit to theContracting Officer the following post-award information:(a) Two (2) fully executed counterparts of the Contract Agreement including all the contract
documents.
(b) Performance and payment bonds as specified in Article 13 of these Supplemental
Conditions.
(c) Copy of all insurance certificates required in Articles 1, 2, and 3 of these Supplemental
Conditions.
(d) List of proposed subcontractors required in PART II, General Conditions, Article 21(a).

IFB No. PCCD-17-PCWEWP-01

SC-5 of 22(e) Major equipment schedule per PART II, General Conditions, Article 8(a). A firm
commitment in writing from all suppliers of equipment that will be leased shall be provided.
Equipment shall be open to inspection prior to award of the contract or commencement of workto verify soundness and reliability.
(f) Contractor’s proposed workweek (days and clock hours) per PART II, General
Conditions, Article 20(a).
(g) Contractor Certification form for Storm Water Pollution Prevention Plan (see PART IV,
Appendix A to Construction Specification 5, Pollution Control) for those sites that require an
SWP3.
(h) For a nonresident bidder who is a corporation, limited partnership, or limited liability
company: a current Certificate of Authority from Texas Secretary of State, if not yet provided.
Should the bidder to whom the contract is awarded fail or refuse to enter into a proper
contract with the CLO, or fail or refuse to comply with these conditions within the time
specified, the bidder forfeits the bid guarantee, and/or the CLO may pursue any other action
allowed by law.
ARTICLE 5 – PERFORMANCE OF WORK BY CONTRACTOR
The Contractor shall perform on the site, and with its own organization, work equivalent to at least
twenty (20) percent of the total amount of work to be performed under the Contract. This
percentage may be reduced by a supplemental agreement to this contract if, during the performanceof the work, the Contractor requests a reduction and the Contracting Officer determines that the
reduction would be to the advantage of the Contracting Local Organization.
ARTICLE 6 – COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK(a) Contractor shall be required to:(1) Commence work under this contract within five (5) calendar days from the date of receipt
of written Notice to Proceed [note: performance time commences the day after Notice to Proceed isreceived];(2) Prosecute the work diligently; and(3) Complete the entire work ready for use not later than ninety-nine (99) calendar days fromthe day after Notice to Proceed is received by Contractor.
(b) The time stated for completion shall include final cleanup of the premises.
(c) All work on Site 2 must be completed satisfactorily no later than August 15, 2017.
(d) Work is allowed on only one site at a time except that Mobilization to the next site scheduled
for work will be allowed while finishing work on the current site under repair.
ARTICLE 7 – VENUEThis contract shall be governed, construed and interpreted under the laws of the State of Texas.
This contract is performable in Hays and Caldwell Counties, Texas. The Contracting Local
Organization has domicile in Caldwell County, Texas, and any legal action must be filed in
Caldwell County, Texas.

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ARTICLE 8 – WAGES / BENEFITS
8.1 General
Contractor shall pay or cause to be paid, without cost or expense to Contracting Local Organization,
all Social Security, Unemployment and Federal Income Withholding Taxes of all such employees,
and all such employees shall be paid wages and benefits as required by Federal and/or State law(including but not restricted to unemployment compensation coverage) and per wage rates
requirements in Article 8.2 below. In accordance with Texas Labor Code §61.012, Contractor shallpost in conspicuous places in the workplace notices indicating the paydays.
8.2 Laborers and Mechanics – Prevailing Wage Rates(a) This contract requires the Contractor and any of his/her subcontractors at any tier to pay
prevailing wage rates as specified in this article and to follow requirements contained in Texas
Government Code, Chapter 2258, Prevailing Wage Rates.
(b) A copy of the Prevailing Wage Rates Determination that must be followed is included in
PART VI of the contract.
(c) A worker employed or working upon the site of the work shall be paid the full amount ofwages and bona fide fringe benefits (or cash equivalents thereof) computed at rates not less thanthose contained in the Prevailing Wage Rates Determination for regular work and for legal holiday
and overtime work, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such workers. “Worker” includes laborers or mechanics.
(d) Workers shall be paid not less than the appropriate wage rate and fringe benefits in the wage
determination for the classification of work actually performed, without regard to skill. Those
performing work in more than one classification may be compensated at the rate specified for eachclassification 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.
(e) The wage determination shall be posted at all times by the Contractor and subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by workers.
(f) Whenever the minimum wage rate prescribed in the contract for a class of laborers ormechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shalleither pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(g) The Contractor or subcontractor shall insert in any subcontracts this Article 8, and also aclause requiring subcontractors to include Article 8 in any lower tier subcontracts. The Prime
Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor withthis article.
(h) Payroll records. A Contractor and subcontractor shall keep a record showing: (i) the nameand occupation of each worker (includes a laborer or mechanic) employed by the Contractor or
subcontractor in the construction of the public work; and (ii) the actual per diem wages paid to eachworker. The record shall be open at all reasonable hours to inspection by the officers and agents of
the Contracting Local Organization and others as required by PART II, General Conditions, Article
37 (Contractor Records).
(i) A Contractor or subcontractor who violates this article shall pay to the Contracting Local
Organization a penalty of $60 for each worker employed for each calendar day or part of the daythat the worker is paid less than the wage rates stipulated.

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ARTICLE 9 – ETHICS / CONFLICTS OF INTEREST(a) Texas Local Government Code Chapter 171 provisions apply to award of this contract.
(b) A bidder and/or Contractor shall not offer or accept gifts or anything of value nor enter into
any business arrangement with any employee, official or agent of the Contracting Local
Organization, Texas State Soil and Water Conservation Board, or USDA-NRCS.
ARTICLE 10 – PROTESTS(a) Any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved inconnection with the solicitation, evaluation, or award of a contract may formally protest to theContracting Officer. Such protests must be in writing and received by the Contracting Officer
within ten working days after such aggrieved person knows, or should have known, of theoccurrence of the action which is protested. Formal protests must conform to the requirementsof this article and subsection (c) of this article, and shall be resolved in accordance with theprocedure set forth in subsections (d) and (e) of this article. Copies of the protest must be mailed
or delivered by the protesting person to the project manager, if any, and other interested persons.
For the purposes of this section, "interested persons" means all vendors who have submitted bids
or proposals for the contract involved.
(b) In the event of a timely protest or appeal under this section, the Contracting Local
Organization shall not proceed further with the solicitation or with the award of the contract
unless the Contracting Officer makes a written determination that the award of a contract without
delay is necessary to protect substantial interests of the state.
(c) A formal protest must be sworn and notarized and contain:(1) a specific identification of the statutory or regulatory provision(s) that the action
complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory
provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) an identification of the issue or issues to be resolved;(5) argument and authorities in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to otheridentifiable interested persons.
(d) The Contracting Officer may settle and resolve the dispute concerning the solicitation oraward of a contract by mutual agreement with the protesting person. The Contracting Officer
may solicit written responses to the protest from other interested persons.
(e) If the protest is not resolved by mutual agreement, the Contracting Officer will issue awritten determination on the protest.
(1) If the Contracting Officer determines that no violation of rules or statutes has
occurred, he or she shall inform the protesting person and other interested persons by letter
which sets forth the reasons for the determination.
(2) If the Contracting Officer determines that a violation of the rules or statutes has
occurred in a case where a contract has not been awarded, he or she shall inform the protesting
person and other interested persons by letter that sets forth the reasons for the determination andthe appropriate remedial action.

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SC-8 of 22(3) If the Contracting Officer determines that a violation of the rules or statutes has
occurred in a case where a contract has been awarded, he or she shall inform the protesting
person and other interested persons by letter which sets forth the reasons for the determination,and the appropriate remedial action, which may include ordering the contract void.
(f) After the Contracting Officer’s determination has been made, the aggrieved person orinterested persons may request reconsideration of the Contracting Officer's determination to bemade by the Plum Creek Conservation District Board President or his/her designee. Such
request must be in writing and must be received in the Board office no later than ten working
days after the date of the Contracting Officer's determination, which shall be calculated from thedate the Contracting Officer's letter is hand-delivered, delivered by a nationally recognizedcourier service, or mailed by certified or registered mail. The request shall be limited to reviewof the Contracting Officer's determination. Copies of the request must be mailed or delivered by
the aggrieved person to other interested persons. The request must contain an affidavit that suchcopies have been provided.
(g) The Plum Creek Conservation District Board President shall issue a final determination on
the protest within 15 days after receipt of the aggrieved person's request for reconsideration.
(h) A decision issued in writing by the Plum Creek Conservation District Board President inresponse to a request for reconsideration shall be the final administrative action of the Board.
(i) Unless good cause for delay is shown or the Contracting Officer or Plum Creek
Conservation District Board President determines that a protest or appeal raises issues significant
to procurement practices or procedures, a protest or appeal that is not filed timely will not be
considered.
(j) In the event of a protest, all documents collected by the Plum Creek Conservation District
Board as part of a solicitation, evaluation, and/or award of a contract shall be retained by the
Board for a period of four years to include the current fiscal year and three additional fiscal
years.
ARTICLE 11 – DISPUTES / ALTERNATIVE DISPUTE RESOLUTION (ADR)
This article supplements PART II, General Conditions, Article 6 – Claims.
11.1 Claims(a) The Contracting Local Organization’s policy is to try to resolve all contractual issues incontroversy by mutual agreement at the Contracting Officer’s level. Reasonable efforts should bemade to resolve controversies prior to the submission of a claim. Use of ADR procedures to the
maximum extent practicable is encouraged.
(b) Initiation of a claim. (1) Contractor claims shall be submitted, in writing, to the Contracting
Officer for a decision no later than the 180th day after accrual of a claim. The claim must state withparticularity the nature of the breach, the amount the Contractor seeks as damages, and the legal
theory of recovery. The Contracting Officer shall document the contract file with evidence of thedate of receipt of any submission from the Contractor deemed to be a claim by the Contracting
Officer. The Contracting Officer must assert, in a writing delivered to the Contractor, any
counterclaim not later than the 90th day after the date of receipt of Contractor’s written claim(2) The Contracting Local Organization shall issue a written decision on any Contracting
Local Organization claim initiated against a Contractor no later than the 180th day after accrual of

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the claim. This time period shall not apply to a Contracting Local Organization claim based on aContractor claim involving fraud.
(c) Contractor certification. Contractor shall provide the certification specified below whensubmitting any claim exceeding $100,000, or regardless of the amount claimed when using ADR
procedures. The certification requirement does not apply to issues in controversy that have not been
submitted as all or part of a claim. The certification may be executed by any person duly authorized
to bind the Contractor with respect to the claim. The certification shall state as follows:“I certify that the claim is made in good faith; that the supporting data are accurate
and complete to the best of my knowledge and belief; that the amount requested
accurately reflects the contract adjustment for which the Contractor believes theContracting Local Organization is liable; and that I am duly authorized to certify theclaim on behalf of the Contractor.”(d) The Contracting Local Organization shall pay interest on a Contractor’s claim on the amountfound due and unpaid from the date that the Contracting Officer receives the claim (certified if
required by Article 11.1(c) above); or payment otherwise would be due, if that date is later, until thedate of payment. If a claim has a defective certification, interest shall be paid from the date that theContracting Local Organization receives a proper certification. Amount of interest due will be per
Texas and local law and regulation.
11.2 Alternative Dispute Resolution (ADR)(a) The objective of using ADR procedures is to increase the opportunity for relatively
inexpensive and expeditious resolution of issues in controversy. Essential elements of ADR
include:(1) Existence of an issue in controversy,(2) A voluntary election by both parties to participate in the ADR process,(3) An agreement on alternative procedures and terms to be used in lieu of formal litigation,(4) Participation in the process by officials of both parties who have the authority to resolve
the issue in controversy, and(5) Certification by the Contractor in accordance with Article 11.1(c) when using ADR
procedures to resolve all or part of a claim.
(b) If either party rejects a request for ADR from the other party, the rejecting party shall informthe other party in writing of the specific reasons for rejecting the request, including but not limited
to why ADR procedures are inappropriate for the resolution of the dispute.
(c) ADR procedures may be used at any time that the Contracting Officer has authority toresolve the issue in controversy. If a claim has been submitted, ADR procedures may be applied toall or a portion of the claim. When ADR procedures are used subsequent to the issuance of aContracting Officer’s final decision, their use does not constitute a reconsideration of the final
decision.
(d) When appropriate, a neutral person may be used to facilitate resolution of the issue incontroversy using the procedures chosen by the parties.
(e) The rights of Contracting Local Organization and Contractor to exercise such rights orremedies as either party may otherwise have under the contract or by laws or regulations in respectof any claims, disputes, and other issues in controversy are not affected by action taken under this
Article.

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SC-10 of 22(f) ADR procedures must be consistent with Chapter 154, Texas Civil Practice and Remedies
Code, and Chapter 2009, Texas Government Code, Alternative Dispute Resolution for Use by
Governmental Bodies.
11.3 Definitions(a) Accrual of a claim occurs on the date when all events, which fix the alleged liability of either
the Contracting Local Organization or the Contractor and permit assertion of the claim, were knownor should have been known. For liability to be fixed, some injury must have occurred. However,monetary damages need not have been incurred.
(b) Alternative dispute resolution (ADR) means any procedure or combination of proceduresvoluntarily used to resolve issues in controversy without the need to resort to litigation. These
procedures may include, but are not limited to, assisted settlement negotiations, conciliation,
facilitation, mediation, fact-finding, mini-trials, and arbitration.
(c) Claim as used in this Article means a written demand or written assertion by one of thecontracting parties seeking as a matter of right, the payment of money in a sum certain, theadjustment or interpretation of contract terms, or other relief arising under or relating to the contract.
A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be
resolved under a contract clause that provides for the relief sought by the claimant. However, awritten demand or written assertion by the contractor seeking the payment of money exceeding$100,000 is not a claim under this Article until certified as required by Article 11.1(c) above. A
voucher, invoice, or other routine request for payment that is not in dispute when submitted is not aclaim. The submission may be converted to a claim, by written notice to the Contracting Officer
within time limits in section 11.1(b) of this Article, if it is disputed either as to liability or amount or
is not acted upon in a reasonable time.
(d) Defective certification as used in this Article means a certificate which alters or otherwise
deviates from the language in this Article or which is not executed by a person duly authorized tobind the Contractor with respect to the claim. Failure to certify shall not be deemed to be adefective certification.
(e) Issue in controversy means a material disagreement between the Contracting Local
Organization and the Contractor which:(1) May result in a claim, or(2) Is all or part of an existing claim.
(f) Misrepresentation of fact as used in this Article means a false statement of substantive fact,
or any conduct which leads to the belief of a substantive fact material to proper understanding of thematter in hand, made with intent to deceive or mislead.
(g) Neutral person as used in this Article means an impartial third party, who serves as amediator, fact finder, or arbitrator, or otherwise functions to assist the parties to resolve the issues incontroversy. A neutral person may be a permanent or temporary officer or employee of theContracting Local Organization, or the Federal government, or any other individual who is
acceptable to the parties. A neutral person shall have no official, financial, or personal conflict ofinterest with respect to the issues in controversy, unless such interest is fully disclosed in writing to
all parties and all parties agree that the neutral person may serve. An “impartial third party” mustpossess the qualifications required under Section 154.052, Texas Civil Practice and Remedies Code.

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ARTICLE 12 – INDEMNIFICATION CLAUSEThe Contractor shall defend, indemnify, and hold harmless the Contracting Local Organization, all of
its officers, agents and employees from and against all claims, actions, suits, demands, proceedings,
costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissionsof Contractor or any agent, employee, subcontractor, or supplier of Contractor in the execution of
performance of this contract.
ARTICLE 13 – PERFORMANCE AND PAYMENT BONDS
13.1 General(a) This contract requires performance and payment bonds as outlined in 13.2 below. Suchbonds are due within five (5) workdays after receipt of Notice of Award (see Article 4 of these
Supplemental Conditions). The Contracting Local Organization will attach to the Notice ofAward the bond forms to be used.
(b) Bonds shall be made payable to: Plum Creek Conservation District.
(c) Bonds are subject to requirements stated in this Article and requirements of Texas
Government Code, Chapter 2253, Public Work Performance and Payment Bonds, and must be
executed by a corporate surety in accordance with Texas Insurance Code, Chapter 3503 (Surety
Bonds and Related Instruments), Subchapter A.
13.2 Performance and Payment Bonds—Construction(a) Definitions. As used in this clause-- "Contract price" means the award price of thecontract. “Government” means the Contracting Local Organization.
(b) The successful offeror shall be required to furnish performance and payment bonds to theContracting Officer as follows:(1) Performance Bond:(i) The penal amount of performance bond shall be 100 percent of the original contract
price.
(ii) The Government may require additional performance bond protection when thecontract price is increased. The increase in protection shall generally equal 100 percent of theincrease in contract price.
(iii) The Government may secure additional protection by directing the Contractor toincrease the penal amount of the existing bond or to obtain an additional bond.
(2) Payment Bond:(i) The penal amount of payment bond shall be 100 percent of the original contract
price.
(ii) The Government may require additional performance bond protection when thecontract price is increased. The increase in protection shall generally equal 100 percent of theincrease in contract price.
(iii) The Government may secure additional protection by directing the Contractor toincrease the penal sum of the existing bond or to obtain an additional bond.
(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance
agreements, to the Contracting Officer, within the time period specified in 13.1 above.
(d) A bond may be executed only by a corporate surety company that is authorized andadmitted to write surety bonds in the State of Texas.

IFB No. PCCD-17-PCWEWP-01

SC-12 of 22(e) For both the Performance bond and Payment bond, the surety must (i) hold a certificate of
authority from the United States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under federal law; or (ii) have obtained reinsurance for any liability inexcess of $1,000,000 from a reinsurer that is an authorized reinsurer in the State of Texas or is aholder of a certificate of authority from the United States Secretary of the Treasury to qualify as
a surety or reinsurer on obligations permitted or required under federal law. U.S. Treasury
Department Circular 570 is published in the Federal Register and lists Treasury approved surety
companies and their underwriting limitations.
(f) All bonds signed by an agent must be accompanied by a certified copy of such agent’s
authority to act.
(g) A bond required under this Article must clearly and prominently display on the bond or on an
attachment to the bond: (1) the name, mailing address, physical address, and telephone number,including the area code, of the surety company to which any notice of claim should be sent; or (2)the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter
B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which
any notice of claim should be sent may be obtained from the Texas Department of Insurance bycalling the toll-free telephone number.
ARTICLE 14 – EQUAL OPPORTUNITY (FEDERALLY ASSISTED CONSTRUCTION)
During the performance of this contract, the Contractor agrees as follows:(a) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment upgrading, demotion or transfer, recruitment or recruitment advertising; layoff ortermination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees andapplicants for employment, notices to be provided setting forth the provisions of this Equal
Opportunity (Federally Assisted Construction) clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
(c) The Contractor will send to each labor union or representative of workers, with which he/she
has a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers’ representatives of the Contractor’s commitments under
this section, and shall post copies of the notice in conspicuous places available to employees andapplicants for employment.
(d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his/her books, records, and accounts by the administering

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agency and the Secretary of Labor for purposes of investigation to ascertain compliance with suchrules, regulations, and orders.
(f) In the event of the Contractor’s noncompliance with the nondiscrimination clause of thiscontract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible forfurther Government contracts or federally assisted construction contracts in accordance withprocedures authorized in Executive Order No. 11246 of September 24, 1965, and such othersanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as provided bylaw.
(g) The Contractor will include this Equal Opportunity (Federally Assisted Construction) clausein every subcontract or purchase order, unless exempted by the rules, regulations, or orders of theSecretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, in the event a Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of such direction by the administering agency theContractor may request the United States to enter into such litigation to protect the interests of theUnited States.
ARTICLE 15 – NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTIONCONTRACTORS(a) A Certification of Nonsegregated Facilities (included in PART I – General Provisions,Subpart C, Bid Forms, Exhibit E, Section F) must be submitted prior to the award of a federally
assisted construction contract which is not exempt from the provisions of the Equal Opportunity
clause (Article 14 of these Supplemental Conditions).
(b) Contractors receiving federally assisted construction contract awards not exempt from theprovisions of the Equal Opportunity clause will be required to forward the following notice toprospective subcontractors for supplies and construction contracts where the subcontracts and are
not exempt from the provisions of the Equal Opportunity clause (Article 14 of these Supplemental
Conditions).
Notice to Prospective Subcontractors of Requirement for
Certification of Nonsegregated Facilities(a) A Certification of Nonsegregated Facilities shown below must be submitted
prior to the award of a subcontract which is not exempt from the provisions of theEqual Opportunity clause.
(b) Contractors receiving subcontract awards not exempt from the provisions of
the Equal Opportunity clause will be required to forward this notice to prospective
subcontractors for supplies and construction contracts where the subcontracts are notexempt from the provisions of the Equal Opportunity clause.

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Certification of Nonsegregated Facilities[Applicable to federally assisted construction contracts and related subcontracts notexempt from the Equal Opportunity clause (Article 14 of PART III - Supplemental
Conditions)]
The federally assisted construction Contractor certifies they do not maintain orprovide for their employees any segregated facilities at any of their establishments,
and that they do not permit their employees to perform services at any location,
under their control, where segregated facilities are maintained. The federally
assisted construction Contractor certifies further that they will not maintain orprovide for their employees any segregated facilities at any of their establishments,
and that, they will not permit their employees to perform services at any location,
under their control, where segregated facilities are maintained. The federally
assisted construction Contractor agrees that a breach of this section is a violation of
the Equal Opportunity clause in this contract. As used in this caption, the term
“segregated facilities” means any waiting rooms, work areas, restrooms, washrooms,
restaurants and other eating areas, time clocks, locker rooms and other storage ordressing areas, parking lots, drinking fountains, recreation or entertainment areas,transportation, and housing facilities provided for employees which are segregatedby explicit directive or are in fact segregated on the basis of race, color, religion, sex,
sexual orientation, gender identity, or national origin or because of habit, local
custom, or otherwise. The federally assisted construction Contractor agrees that(except where they have obtained identical certifications from proposed
subcontractors for specific time periods) they will obtain identical certifications fromproposed subcontractors prior to the award of subcontracts which are not exempt
from the provisions of the Equal Opportunity clause, and that they will retain suchcertifications in their files.
NOTE: Penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
ARTICLE 16 – STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITYCONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)(1) As used in these specifications:(a) “Covered area” means the geographical area described in the solicitation from which thiscontract resulted.
(b) “Director” means Director, Office of Federal Contract Act Compliance Program, UnitedStates Department of Labor, or any person to whom the Director delegates authority.
(c) “Employer identification number” means the Federal Social Security number used on the
Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 94 1.
(d) “Minority” includes: (i) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban
Central or South American or other Spanish Culture or origin, regardless of race); (iii)
Asian and Pacific Islander (all persons having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv)
American Indian or Alaskan Native (all persons having origins in any of the originalIFB No. PCCD-17-PCWEWP-01

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peoples of North America and maintaining identifiable tribal affiliations throughmembership and participation or community identification).
(2) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract, in excess of$10,000, the provisions of these specifications and the Notice which contains the applicable goals
for minority and female participation which is set forth in the solicitations from which the contract
resulted.
(3) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by
the U.S. Department of Labor in the covered area either individually or through an association, its
affirmative action obligations on all work in the Plan area (including goals and timetables) shall bein accordance with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance with the provisions ofany such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is
individually required to comply with its obligations under the EEO Clause, and to make a good faitheffort to achieve each goal under the Plan in each trade in which it has employees. The overall goodfaith performance by other Contractors or Subcontractors toward a goal in an approved Plan does
not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve
the Plan goals and timetables.
(4) The Contractor shall implement the specific affirmative action standards provided in Paragraphs(7)(a) through (7)(p) of these specifications. The goals set forth in the solicitation from which thiscontract resulted are expressed as percentages of the total hours of employment and training ofminority and female utilization that the Contractor should reasonably be able to achieve in eachconstruction trade in which it has employees in the covered area. Covered construction contractors
performing construction work in geographical areas where they do not have a Federal or Federally
assisted construction contract shall apply the minority and female goals established for thegeographic area where the work is being performed. Goals are published periodically in theFederal Register in notice form and such notices may be obtained from any Office of Federal
Contract Compliance Programs or from Federal procurement Contracting Officers. The Contractor
is expected to make substantially uniform progress in meeting its goals in each craft during theperiod specified.

Notice for IFB No. PCCD-17-PCWEWP-01(a) Covered Area is Hays and Caldwell Counties, Texas.
(b) Goal for Female Participation: 6.9 percent (all trades), both Counties(c) Goal for Minority Participation: 24.1 percent (all trades), Hays County (Sites 2,5,7,10,11)
24.2 percent (all trades), Caldwell County (Site 14)(d) Goals are expressed in percentage terms for the Contractor’s aggregate workforce in eachtrade on all construction work in the covered area.
(5) Neither the provisions of any collective bargaining agreement, nor the failure by a union withwhom the Contractor has a collective bargaining agreement, to refer either minorities or womenshall excuse the Contractor’s obligations under the specifications, Executive Order 11246, or the
regulations promulgated pursuant thereto.

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SC-16 of 22(6) In order for the non-working training hours of apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees must be employed by the Contractor during the training
period, and the Contractor must have made a commitment to employ the apprentices and trainees atthe completion of their training, subject to the availability of employment opportunities. Trainees
must be trained pursuant to training programs approved by the U.S. Department of Labor.
(7) The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor’s compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully, and shall implement affirmative action steps at least as extensive as the following:(a) Ensure and maintain a working environment free of harassment, intimidation and coercion
at all sites, and in all facilities at which the Contractor’s employees are assigned to work.
The Contractor, where possible, will assign two or more women to each construction
project. The Contractor shall specifically ensure that all foremen, superintendents, and otheron-site supervisory personnel are aware of and carry out the Contractor’s obligation tomaintain such a working environment, with specific attention to minority or female
individuals working at such sites or in such facilities.
(b) Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources and to community
organizations when the Contractor or its unions have employment opportunities available,
and maintain a record of the organizations’ responses.
(c) Maintain a current file of the names, addresses and telephone numbers of each minority andfemale off-the-street applicant and minority or female referral from a union, a recruitment
source or community organization and of what action was taken with respect to each suchindividual. If such individual was sent to the union hiring hall for referral and was notreferred back to the Contractor by the union, or, if referred, not employed by the Contractor,
this shall be documented in the file with the reason therefor, along with whatever additional
actions the Contractor may have taken.
(d) Provide immediate written notification to the Director when the union or unions with which
the Contractor has a collective bargaining agreement has not referred to the Contractor aminority person or woman sent by the Contractor; or, when the Contractor has otherinformation that the union referral process had impeded the Contractor’s efforts to meet its
obligations.
(e) Develop on-the-job training opportunities and/or participate in training programs for thearea which expressly include minorities and women, including upgrading programs andapprenticeship and trainee programs relevant to the Contractor’s employment needs,
especially those programs funded or approved by the Department of Labor. The Contractor
shall provide notice of these programs to the sources compiled under paragraph (7)(b)above.
(f) Disseminate the Contractor’s EEO policy by providing notice of the policy to unions andtraining programs and requesting their cooperation in assisting the Contractor in meeting its
EEO obligations; by including it in any policy manual and collective bargaining agreement;by publicizing it in the company newspaper, annual report, etc.; by specific review of thepolicy with all management personnel and with all minority and female employees at least
once a year; and by posting the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.

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SC-17 of 22(g) Review, at least annually, the company’s EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,assignment, layoff, termination, or other employment decisions, including specific review ofthese items with on-site supervisory personnel such as Superintendents, General Foremen,etc., prior to the initiation of construction work at any job site. A written record shall bemade and maintained identifying the time and place of these meetings, persons attending,
subject matter discussed, and disposition of the subject matter.
(h) Disseminate the Contractor’s EEO policy externally by including it in any advertising in thenews media, specifically including minority and female news media, and providing written
notification to and discussing the Contractor’s EEO policy with other contractors andsubcontractors with whom the Contractor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and written, to minority, female, and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor’s recruitment area andemployment needs. Not later than one month prior to the date for the acceptance of theapplications for apprenticeship or other training by any recruitment sources the Contractor
shall send written notification, to organizations such as the above, describing the openings,
screening procedure, and tests to be used in the selection process.
(j) Encourage present minority and female employees to recruit other minority persons andwomen and, where reasonable, provide after school, summer and vacation employment tominority and female youth both on the site and in other areas of a Contractor’s workforce.
(k) Validate all tests and other selection requirements where there is an obligation to do sounder 41 CFR Part 60-3.
(l) Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opportunities.
(m) Ensure that seniority practices, job classifications, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel andemployment related activities to ensure that the EEO policy and the Contractor’s obligations
under these specifications are being carried out.
(n) Ensure that all facilities and company activities are nonsegregated except that separate or
single-user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes.
(o) Document and maintain a record of all solicitations of offers for subcontracts from minority
and female construction contractors and suppliers, including circulation of solicitations tominority and female contractor associations and other business associations.
(p) Conduct a review, at least annually, of all supervisors’ adherence to and performance under
the Contractor’s EEO policies and affirmative action obligations.
(8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one
or more of the affirmative action obligations [paragraphs (7)(a) through (7)(p)]. The efforts of acontractor association, joint contractor-union, contractor-community, or other similar group ofwhich the Contractor is a member and participant, may be asserted as fulfilling any one or more of
its obligations under paragraphs (7)(a) through (7)(p) of the specifications, provided that theContractor actively participates in the group, makes every effort to assure that the group has apositive impact on the employment of minorities and women in the industry, ensures that the

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concrete benefits of the program are reflected in the Contractor’s minority and female workforce
participation, makes a good faith effort to meet its individual goals and timetables, and can provide
access to documentation which demonstrates the effectiveness of actions taken on behalf of theContractor. The obligation to comply, however, is the Contractor’s and failure of such a group to
fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
(9) A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority andnonminority. Consequently, the Contractor may be in violation of the Executive Order if aparticular group is employed in a substantially disparate manner (for example, even though theContractor has achieved its goals for women generally, the Contractor may be in violation of the
Executive Order if a specific minority group of women is underutilized).
(10) The Contractor shall not use the goals and timetables or affirmative action standards todiscriminate against any person because of race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(11) The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
(12) The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination, andcancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order
11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance
Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violationof these specifications and Executive Order 11246, as amended.
(13) The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7)of these specifications, so as to achieve maximum results from its efforts to ensure equal
employment opportunity. If the Contractor fails to comply with the requirements of the Executive
Order, the implementing regulations, or these specifications, the Director shall proceed inaccordance with 41 CFR 60-4.8.
(14) The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating to theprovisions hereof as may be required by the Government, and to keep records. Records shall at
least include for each employee the name, address, telephone numbers, construction trade, union
affiliation if any, employee identification number when assigned, social security number, race, sex,
status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours
worked per week in the indicated trade, rate of pay, and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however, to thedegree that existing records satisfy this requirement, Contractors shall not be required to maintainseparate records.
(15) Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements for the

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hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program).
ARTICLE 17 – CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER COVEREDTRANSACTIONS[Applicable to offers of $25,000 or more]
Per Contractor’s certification given in PART I, Subpart C, Exhibit E, Section G, this Article shall be
included, without modification, in all lower tier covered transactions (subcontracts) and in all
solicitations for lower tier covered transactions.
(a) Instructions for Certification(1) By signing and submitting this proposal, the prospective lower tier participant is providing
the certification set out below.
(2) The certification in this clause is a material representation of fact upon which reliance wasplaced when this transaction was entered into. If it is later determined that the prospective lower tierparticipant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
(3) The prospective lower tier participant shall provide immediate written notice to the person
to which this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or had become erroneous by reason of changed
circumstances.
(4) The terms herein are as defined in 2 CFR Part 180, OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement).
(5) The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tiercovered transaction with a person who is proposed for debarment under 48 Code of Federal
Regulations (CFR) part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this proposal that it
will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility andVoluntary Exclusion—Lower Tier Covered Transactions,” without modification, in all lower tiercovered transactions of $25,000 or more and in all solicitations for lower tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFRpart 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered
transactions, unless it knows that the certification is erroneous. A participant may decide themethod and frequency by which it determines the eligibility of its principals. Each participant may,
but is not required to, check the Office of Federal Compliance Programs electronic roster at the
System for Award Management (SAM) website: www.sam.gov.
(8) Nothing contained in the foregoing shall be construed to require establishment of a systemof records in order to render in good faith the certification required by this clause. The knowledge

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and information of a participant is not required to exceed that which is normally possessed by aprudent person in the ordinary course of business dealings.
(9) Except for transactions authorized under paragraph (5) of these instructions, if aparticipant in a covered transaction knowingly enters into a lower tier covered transaction with aperson who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred,ineligible, or voluntarily excluded from participation in this transaction, in addition to otherremedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility andVoluntary Exclusion – Lower Tier Covered Transactions(1) The prospective lower tier participant certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended, proposedfor debarment, declared ineligible, or voluntarily excluded from participation in thistransaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of
the statements in this certification, such prospective participant shall attach an
explanation to this offer.
NOTE: Penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
ARTICLE 18 – CERTIFICATION REGARDING LOBBYING CERTIFICATION FORCONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS[Applicable to a subcontract of $100,000 or more at any tier under a Federal grant.]
Per Contractor’s certification given in PART I, Subpart C, Exhibit H, Section G, the language of thefollowing certification shall be included in the award documents for all subcontracts at all tiers andthat all subcontractors shall certify and disclose accordingly:
The undersigned certifies, to the best of his or her knowledge and belief, that:(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence anofficer or employee of an agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with the awardingof any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including

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subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placedwhen this transaction was made or entered into. Submission of this certification is aprerequisite for making or entering into this transaction imposed by section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 foreach such failure.
ARTICLE 19 – CLEAN AIR AND WATER CLAUSE / CERTIFICATION[Applicable to all contracts and subcontracts that exceed $150,000 --OR-- if facility to be used has
been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal
Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA --OR-- if thecontract/subcontract is not otherwise exempt.](a) The Contractor under this contract/subcontract agrees as follows:(1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Public Law 92-500), respectively,
relating to inspection, monitoring, entry, reports, and information, as well as other requirements
specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all
regulations and guidelines issued thereunder before the signing of this contract by the Contracting
Local Organization.
(2) That no portion of the work required by this contract will be performed in a facility listedon the Environmental Protection Agency List of Violating Facilities on the date when this contract
was signed by the Contracting Local Organization unless and until the EPA eliminates the name ofsuch facility or facilities from such listing.
(3) To use their best efforts to comply with clean air standards and clean water standards at
the facilities in which the contract is being performed.
(4) To insert the substance of the provisions of this article in any nonexempt subcontract,
including this subparagraph (a)(4).
(b) The terms used in this article have the following meanings:(1) The term “Air Act” means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., asamended by Public Law 91-604).
(2) The term “Water Act” means Federal Water Pollution Control Act, as amended (33U.S.C. 1251 et seq., as amended by Public Law 92-55).
(3) The term “clean air standards” means any enforceable rules, regulations, guidelines,
standards, limitations, orders, controls, prohibitions, or other requirements which are contained in,issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable
implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1857c-5(d)),
and approved implementation procedure or plan under section 111(c) or section 111(d),respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation procedure
under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)).
(4) The term “clean water standards” means any enforceable limitation, control, condition,prohibition, standards, or other requirement which is promulgated pursuant to the Water Act orIFB No. PCCD-17-PCWEWP-01

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contained in a permit issued to a discharger by the Environmental Protection Agency or by a State
under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or bya local government to ensure compliance with pretreatment regulations as required by section 307
of the Water Act (3 U.S.C. 1317).
(5) The term “compliance” means compliance with clean air or water standards. Complianceshall also mean compliance with the scheduled or plan ordered or approved by a court of competentjurisdiction, the Environmental Protection Agency or any air or water pollution control issued
pursuant thereto.
(6) The term “facility” means any building, plant, installation, structure, mine, vessel or otherfloating craft, location or site of operations, owned, leased or supervised by a sponsor, to be utilized
in the performance of a contract or subcontract. Where a location of site of operations contains or
includes more than one building, plant, installation, or structure, the entire location shall be deemed
to be a facility except where the Director, Office of Federal Activities, Environmental Protection
Agency, determines that independent facilities are collated in one geographical area.
[end of clause]
Per Contractor’s certification given in PART I, Subpart C, Exhibit E, Section I, the certification
below (and the above Clean Air and Water Clause) shall be included in every nonexempt
subcontract and all subcontractors shall certify accordingly:
Clean Air and Water Certification[Applicable if subcontract exceeds $150,000 --OR-- if facility to be used has been the subject of aconviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution
Control Act (33 U.S.C. 1319(c)) and is listed by EPA --OR-- if any subcontract is not otherwise
exempt.]Subcontractor certifies as follows:(1) Any facility to be utilized in the performance of work described in this subcontract[ IS / IS NOT ] listed on the Environmental Protection Agency List of Violating Facilities.
(2) Prior to the signing of a subcontract, to promptly notify the Contracting Local Organization(CLO) under the prime contract of the receipt of any communication from the Director,
Office of Federal Activities, U.S. Environmental Protection Agency, indicating that any
facility which he/she proposes to use for the performance of the subcontract is underconsideration to be listed on the Environmental Protection Agency List of Violating
Facilities.
(3) To include substantially this certification, including this subparagraph (3), in every
nonexempt subcontract.
ARTICLE 20 – SUBCONTRACTOR CERTIFICATION (TPDES)
All subcontractors at any tier who perform work that may impact pollution control measures per
PART IV, Construction Specification 5 (Pollution Control) must complete and submit, prior toperforming any work on the project, a “Subcontractor Certification” form regarding Texas
Pollutant Discharge Elimination System (TPDES) permit. This form is included in Appendix A
attachment to Construction Specification 5. This applies only to Sites where an SWP3 isrequired.

IFB No. PCCD-17-PCWEWP-01

PART IV – Divider & Index SheetPART IV: SPECIFICATIONSPlum Creek Watershed - Repairs
Floodwater Retarding Structure Sites 2, 5, 7, 10, 11, 14
Construction Specifications

No.

Other
# Pages

Title

Items of Work# Pages5

Pollution Control
APPENDIX A: SWP3 (Site 7) + cover page
APPENDIX A: SWP3 (Site 11) + cover page

3
9
9

8

6

Seeding, Sprigging, and Mulching

3

12

7

Construction Surveys

3

6

8

Mobilization and Demobilization

1

12

9

Traffic Control

2

6

11

Removal of Water

2

6

21

Excavation

3

6

23

Earthfill

5

6

26

Topsoiling

2

6

94

Contractor Quality Control

3

6

420

Site Preparation

2

12

430

Debris Removal (Site 14 only)

3

1

446

Shaping & Smoothing (Sites 2, 7, and 11 only)

1

3# PagesDate

3

1/2014

Material Specifications
No.
592

Title
Geotextile (Sites 7 and 11 only)

Specifications cover all sites unless otherwise noted.

i – PART IVIFB No. PCCD-17-PCWEWP-01

Appendix A to SITE 7 Construction Spec 5 – Cover Sheet

SITE 7 STORM WATER POLLUTION
PREVENTION PLAN (SWP3)(9 pages)

APPENDIX A
toConstruction Specification 5 – SITE 7
Pollution Control

Notes
A copy of TPES General Permit No. TXR150000 is available at thefollowing internet address [PDF file requiring Adobe Acrobat Reader toview or print]:
http://www.tceq.texas.gov/permitting/stormwater/TXR15_5_plus_steps.html

IFB No. PCCD-17-PCWEWP-01

Appendix A to SITE 11 Construction Spec 5 – Cover Sheet

SITE 11 STORM WATER POLLUTION
PREVENTION PLAN (SWP3)(9 pages)

APPENDIX A
toConstruction Specification 5 – SITE 11
Pollution Control

Notes
A copy of TPES General Permit No. TXR150000 is available at thefollowing internet address [PDF file requiring Adobe Acrobat Reader toview or print]:
http://www.tceq.texas.gov/permitting/stormwater/TXR15_5_plus_steps.html

Construction Specification 446 - Shaping & Smoothing
1.

Scope

The work shall consist of shaping and smoothing the designated areas.

2. Shaping and smoothing
The designated areas shall be plowed, shaped and smoothed to the extent necessary to level and fill
the existing rills and scoured areas to blend them with the surrounding topography. All side slopes
shall match the surrounding topography and be no steeper than 3:1 unless otherwise approved by
the Engineer.
When working on slopes which are steeper than 3: 1 horizontal to vertical, all rubber tire equipmenton the slope will be held with truck or tractor and winch line with the truck or tractor operating along
the crown of the embankment or other suitable flat surface. As an alternative, track (crawler)
equipment with a low center of gravity may be used to perform work on slopes without a winch line
requirement when operated in accordance with applicable OSHA requirements.
All stumps, trees, trash or other debris encountered during construction, or as a result of theshaping shall be disposed of in an area and in a manner approved by the Engineer. The final gradeof the smoothed surfaces shall be free of abrupt mounds, undrained depressions, and windrows andshall provide a safe working area for ordinary farm equipment.

3.

Materials

Materials for the specified shaping and smoothing shall be obtained from within the designated area.
Topsoil may have to be imported from designated borrow areas. The shaping and smoothing
shall not be performed when the materials are frozen or excessively wet. The addition of water toincrease the moisture content of the materials will be required if directed by the Engineer.

4.

Compaction

Compaction of materials placed in low or other areas requiring fill shall be performed by thecontrolled routing of the hauling and spreading equipment.

5.

Measurement and payment

For items of work for which specific unit prices are established in the contract, the shaped andsmoothed critical area will be measured to the nearest square yard. Payment for the shaping andsmoothing critical area will be made at the contract unit price. Such payment shall constitute fullcompensation for all labor, equipment, tools, and all other items necessary and incidental to thecompletion of the work.
Compensation for any item of work included in the contract but not listed in the bid schedule will
include in the payment for the item of work to which it is subsidiary. Such items and the items to which
they are made subsidiary are identified in Section 6 of this specification

6.

Items of work and construction details

NRCS 01/30/2017
TX- PLUM CREEK SITES 2, 7, & 11 EWP

446-1IFB No. PCCD-17-PCWEWP-01

PART VI - Divider SheetPART VI
PREVAILING WAGE RATESDETERMINATIONPer PART III – Supplemental Conditions
Article 8 – Wages / Benefits

IFB No. PCCD-17-PCWEWP-01

PART VI - Page 1 of 1

PART VI
PREVAILING WAGE RATES DETERMINATION[Per PART III – Supplemental Conditions, Article 8 – Wages / Benefits]
Heavy & Highway Construction (includes Hays and Caldwell Counties, Texas)
Occupation

Rate

Occupation
POWER EQUIPMENT OPERATOR

Rate

Front End Loader, 3 CY or less$13.04

Cement Mason/Concrete Finisher(Paving and Structures)$12.56

Electrician

26.35

Front End Loader, over 3 CY

13.21

Form Builder/Setter (Paving & Curb)

12.94

Loader / Backhoe

14.12

Form Builder/Setter (Structures)

12.87

Mechanic

17.10

Laborer: Asphalt Raker

12.12

Milling Machine

14.18* Laborer: Flagger

10.10

Motor Grader, Fine Grade

18.51

Laborer: Common

10.50

Motor Grader, Rough

14.63

Laborer: Utility

12.27

Pavement Marking Machine

19.17

Laborer: Pipelayer

12.79

Reclaimer / Pulverizer

12.88

Laborer: Work Zone Barricade Servicer

11.85

Roller, Asphalt

12.78

Painter (Structures)

18.34

Roller, Other

10.50

Scraper

12.27

POWER EQUIPMENT OPERATOR
Agricultural Tractor

12.69

Spreader Box

14.04

Asphalt Distributor

15.55

Trenching Machine, Heavy

18.48

Asphalt Paving Machine

14.36

Servicer

14.51

Boom Truck

18.36

STEEL WORKER

Broom or Sweeper

11.04

Reinforcing

14.00

Concrete Pavement Finishing Machine

15.48

Structural

19.29

Crane, Hydraulic 80 tons or less

18.36

TRAFFIC SIGNAL INSTALLER

Crane, Lattice Boom 80 tons or less

15.87

Traffic Signal/Light Pole Worker

Crane, Lattice Boom over 80 tons

19.38

TRUCK DRIVER

Crawler Tractor

15.67

Lowboy-Float

15.66

Directional Drilling Locator

11.67

Off Road Hauler

11.88

Directional Drilling Operator

17.24

Single Axle

11.79

Excavator 50,000 lbs. or less

12.88

Single or Tandem Axel Dump Truck

11.68

Excavator over 50,000 lbs.

17.71

Tandem Axel Trailer w/Semi Trailer

12.81

Foundation Drill, Truck Mounted

16.93

Welder

15.97

16.00

Notes: * Minimum hourly wage per Executive Order 13658 for solicitation issued on or after 1/1/2015.
Welders receive rate prescribed for craft performing operation to which welding isincidental.