INVITATION FOR BIDS (IFB)
No. PCCD-24-LPCW28Rehab-01
May 16, 2024

REHABILITATION
of
Lower Plum Creek Watershed
Floodwater Retarding Structure Site 28
Caldwell County, Texas
Contracting Local Organization
Plum Creek Conservation District
Lockhart, Texas
Sponsors
Caldwell-Travis Soil and Water Conservation District
Hays County Soil and Water Conservation District
Plum Creek Conservation District

In cooperation with:
U. S. Dept 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-24-LPCW28Rehab-01
Lower Plum Creek Watershed, Floodwater Retarding Structure Site 28 – Rehabilitation
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 be advised via email orother means of all IFB Amendments that are issued, and all Amendments will be available fordownloading at the Plum Creek Conservation District website: https://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: Daniel Meyer, PCCD Executive Manager)-- or -Scan and EMAIL completed form to both of the following email addresses:
daniel.meyer@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
other purpose 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 theprinted hard copy (as amended) of the Invitation for Bids issued for the respective project as available
for viewing at the Plum Creek Conservation District office. In the event of a conflict in their contents,
the printed 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 toprovide documents that 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-24-LPCW28Rehab-01

Table of Contents

TABLE OF CONTENTSIFB NO. PCCD-24-LPCW28Rehab-01

PAGE NO.
PART I – GENERAL PROVISIONS
Subpart A Notice to Bidders

GP-1

Subpart B Instructions to Bidders

GP-2

Subpart C BID FORMS (Exhibits A-E)

GP-7

Subpart D Sample Contract Agreement

GP-20

PART II – GENERAL CONDITIONS

GC 1-18

PART III – SUPPLEMENTAL CONDITIONS

SC 1-18

PART IV – SPECIFICATIONS
Construction and Material Specifications

PART V – DRAWING NO TX-EN-0781
COVER + 47 sheets

PART VI – PREVAILING WAGE RATES DETERMINATION
Wage rates listing: 1 PageIFB No. PCCD-24-LPCW28Rehab-01

Page GP-1 of 21

PART I – GENERAL PROVISIONSSUBPART A

NOTICE TO BIDDERS

Sealed bids for furnishing all labor, material and equipment and performing all work required forrehabilitation of Lower Plum Creek Watershed, Floodwater-Retarding Structure Site 28 will be received
until 10:00 a.m. local time, Wednesday, June 12, 2024, at Plum Creek Conservation District (PCCD)
office, 1101 West San Antonio Street, Lockhart, TX 78644, or may be mailed to this address. Promptly
after 10:00 a.m. all bids received will be publicly opened.
Bids must be addressed to the attention of Daniel Meyer, PCCD Executive Manager, and mailed (or handcarried) to the above address in a sealed envelope (placed inside the mailing envelope, if any) labeled asfollows:
(1)
(2)
(3)

IFB No. PCCD-24-LPCW28Rehab-01
Bid Opening Date / Time: June 12, 2024 – 10:00 A.M.
Name and Address of Bidder

There will be a pre-bid conference beginning at 9:30 a.m. on Thursday, May 30, 2024, to be held at
PCCD office, 1101 West San Antonio Street, Lockhart, Texas. The conference will be followed by a site
showing of the project site. 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 ofAward per PART III, Supplemental Conditions, Article 13.
ESTIMATED PRICE RANGE: Between $9,000,000 and $13,000,000
Plum Creek Conservation District reserves the right to reject any and all bids. Bids providing less than
45 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 for soliciting
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 the Watershed Protection andFlood Prevention Act of 1954, Public Law 83-566 (as amended) and as further amended by the Small
Watershed Rehabilitation Amendments of 2000 (Section 313, P.L. 106-472). The contract also isreceiving State funding from the Texas State Soil and Water Conservation Board.

PLUM CREEK CONSERVATION DISTRICTIFB No. PCCD-24-LPCW28Rehab-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 result in a premature
opening of, or a failure to open, such bid. Bids will be publicly opened at the time 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 by representative.
2. Conditions Affecting the Work: Bidders should visit the site and take such other steps as may bereasonably necessary to ascertain the nature and location of the work, and the general and local
conditions which can affect the work or the cost thereof. Failure to do so will not relieve 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, unlessincluded in the invitation for bids, the specifications, or related documents.
NO digging or taking of core samples will be allowed. Persons visiting the site are asked to take due
care to ensure the existing site conditions are not disturbed.
Appointment Required to Visit the Project Site: Please contact Daniel Meyer, PCCD Executive
Manager (phone 512-398-2383) to make an appointment for an authorized person to accompany you tothe project site. No unescorted visits to the site 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 one copy) 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 other changes appear on the forms, eacherasure or change must be initialed by the person signing the bid. Facsimile (Fax) and telegraphic bids,
modifications, or withdrawals will not be considered.
No bid will be considered unless all items in the bid schedule are priced. In case of error in the extensionof 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 $9,000,000 and $13,000,000
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 entitled to EXCLUDE exempt
taxes in their bid prices. Bidder is solely responsible to determine what tangible personal property andtaxable services are eligible for exemption from these taxes.

IFB No. PCCD-24-LPCW28Rehab-01

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Electronic Invitation for Bid (IFB) Documents. The IFB documents and IFB Amendments are available
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 the event of a conflict in their contents, theprinted hard copy (as amended) shall take precedence over the electronic media. Plum Creek
Conservation District’s electronic media are furnished without guarantee of compatibility with the bidder’ssoftware or hardware. It is the user’s responsibility to determine/evaluate the capability of their equipment
to provide documents that 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-24-LPCW28Rehab-01,
Lower Plum Creek Watershed SITE 28 Rehabilitation
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 the meaning orinterpretation of the invitation for bids, drawings, specifications, etc., must be requested in writing andwith sufficient time allowed (by noon on June 5, 2024) for a reply to reach bidders before the submissionof their bids. Any interpretation made will be in the form of an amendment to the invitation for bids,
drawings, specifications, etc., and each Amendment will be available electronically. The CLO will makea reasonable attempt to advise (via email or other method) all prospective bidders who have registeredas 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 checkthe electronic bid documents website for any changes or additions to the documents originally posted.
Receipt of all amendments must be acknowledged by the bidder in the space provided on the bid forms(PART I, Subpart C, Exhibit A, Offer) or by letter received before the time set for opening of bids
(electronic, Fax, and telegraphic acknowledgements will not be accepted). All amendments will be boundwith and made a part of the contract documents. Oral explanations or instructions given before the awardof the 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 :Daniel Meyer, Executive Manager, Plum Creek Conservation
District, 1101 West San Antonio Street, Lockhart, TX 78644
FAX #: 512-398-7776
EMAIL: daniel.meyer@pccd.org"Facsimile," as used in this section means a written inquiry or request for explanation that is transmitted
to and received by the Contracting Local Organization (CLO) via electronic equipment that communicatesand 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 a facsimile inquiry, the CLO will not be responsible for any failure attributable
to the transmission 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 theinquiry. (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 responsible bank 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 most qualified) 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

IFB No. PCCD-24-LPCW28Rehab-01

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required, failure to furnish a bid guarantee in the proper form and amount, by the time set for opening ofbids, 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 by PART III, Article 13, or
fail or refuse to provide additional Post-Award Information required by PART III, Article 4, within the time
specified, the bidder forfeits the bid guarantee, and/or the CLO may pursue any other action allowed bylaw.
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 of Texas. The surety
must (i) hold a certificate of authority from the United States Secretary of the Treasury to qualify as asurety 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 oris a holder of a certificate of authority from the United States Secretary of the Treasury to qualify as asurety 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 theirunderwriting 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 the bid.
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 thisprovision.
(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 or other documentary
evidence of receipt maintained by the installation.
(d) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful bidthat 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 theexact time set for receipt of bids, the identity of the person requesting withdrawal is established andthe 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 or other notice of an extensionof the opening date, the time specified for receipt of bids will be deemed to be extended to the sametime of day specified in the solicitation on the first work 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 shall enter into a contract
with only one of those bidders and must reject all other bids. The bidder shall be selected by the castingof lots in a manner prescribed by the Contracting Local Organization. All qualified bidders or their legal
representatives may be present at the casting of lots. This provision does not prohibit the Contracting
Local Organization from rejecting all bids.
11. Qualification of Low Bidder:(a)After the low bidder has been determined, the next step is to consider the bidder’s qualifications
to perform the proposed contract. The award of a contract to a bidder solely on the basis of thelowest price is not the policy of the Contracting Local Organization. The ability to obtain bonds
does not necessarily qualify a bidder for award.

IFB No. PCCD-24-LPCW28Rehab-01

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

(c)

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 the Contracting Local Organization.
Also, if the bidder proposes to subcontract part of the work, 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 the bidder of thereason for the proposed disqualification.

12. Disqualification of Bidders: Listed are some of the causes which may be considered as sufficient forthe 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, declaredineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency, or from party presently on the State of Texas debarred vendor list maintained by the
Texas Comptroller of Public Accounts, will be rejected. [See certifications in PART I, Subpart C,
Exhibit E, Section G-1 and G-2.](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 or limit thebidder’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 theContracting 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 cost for somework and prices which are significantly overstated in relation to cost for other work, and there isreasonable 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 of Award,
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 otherfactors 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 theaward 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 theterms, 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.
15. Officials Not to Benefit: Any contract to be awarded as a result of this solicitation will not be awarded
to any official of the USDA Natural Resources Conservation Service, 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

IFB No. PCCD-24-LPCW28Rehab-01

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or any member of such official’s immediate family of these entities has direct or indirect interest in thepecuniary 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 execute the contract agreement and furnish
the Contracting Local Organization with required post-award 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 Board 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 and amendmentsin effect on the date of issuance of the IFB.
19. Beginning of Work: The Contractor shall commence work within twenty (20) calendar days after receipt
of a written Notice to Proceed as issued by the Contracting Officer and shall complete the work within
837 (eight hundred thirty-seven) calendar days after receipt of the notice. Contractor shall not commence
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 Daniel Meyer or Nora LopezCastillo (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-24-LPCW28Rehab-01 bid package, including22” x 34” set of Drawing No. TX-EN-0781.
Engineering documents for viewing (also available on PCCD website):•

As-Built drawings of original dam construction, Drawing No. 4-E-16,622, sheets 111, construction completed 4/12/1963.

•

Soil Mechanics Reportso 2021, NRCS, 493 pages
o 2022, NRCS, 71 pages•

Geologic Reportso 1962, NRCS, 14 pages
o 2022, NRCS, 108 pages

IFB No. PCCD-24-LPCW28Rehab-01

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PART I – GENERAL PROVISIONSSUBPART C

BID FORMS
Exhibits A through E

IFB No. PCCD-24-LPCW28Rehab-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 checkpayable

to

PLUM

CREEK

CONSERVATION

DISTRICT)intheamountof$___________________________. It is agreed that in the event this offer is accepted by the Contracting
Local Organization (CLO) and the undersigned bidder fails to execute a contract and submit required postaward information within five (5) workdays after receipt of Notice of Award of 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 and submit required post-award information per contract
terms, and also agrees to commence work within twenty (20) calendar days after the date of receipt of written
Notice to Proceed and to complete the entire works awarded under IFB No. PCCD-24-LPCW28Rehab-01
within eight hundred thirty-seven (837) 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:__________________________________________________________________________________________________
Date: ______________________________IFB No. PCCD-24-LPCW28Rehab-01

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EXHIBIT B

BID SCHEDULE (Cover Sheet)
The undersigned, in compliance with Invitation for Bids No. PCCD-24-LPCW28Rehab-01 for Lower Plum
Creek Watershed, Floodwater Retarding Structure (FRS) Site 28 Rehabilitation, Caldwell County, Texas,
having examined the plans, specifications and bidding documents, the site of the proposed work, and being
familiar with all the conditions surrounding performance of the proposed project; agrees to furnish all labor,material and equipment and perform all work required in accordance with the plans, specifications andcontract 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 forty-five (45) 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.
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]

TOTAL BID PRICE Lower Plum Creek Watershed Site 28 Rehabilitation:
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: _______________________________________________________
SAM.gov Unique Entity ID No.: ___________________________________________
Date: ________________________________________IFB No. PCCD-24-LPCW28Rehab-01

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EXHIBIT B (continued)

BID SCHEDULE (Sheet 1 of 3)
LOWER PLUM CREEK WATERSHED SITE 28 REHABILITATION
Caldwell County, Texas___________________________________________________________________________________________________________________________________

Item
No.

Work or Material

Spec.
No. Quantity

Unit

Unit
Price

ExtendedAmount1

Clearing and Grubbing

2

1 Job

Lump Sum$ xxxxxxxx$_________________

2

Structure Removal,
Existing Fences

3

9,615

Lin. Ft.

$_________$_________________

3

Structure Removal,
Existing Principal Spillway

3

1 Job

Lump Sum$ xxxxxxxxx$_________________

4

Pollution Control

5

1 Job

Lump Sum$ xxxxxxxxx$_________________

5

Silt Fence

5

7,436

Lin. Ft.

$_________$_________________

6

Permanent Vegetation
Establishment, Sprigging

6

91.0

Acre

$_________$_________________

7

Irrigation System

6

1 Job

Lump Sum$ xxxxxxxxx$_________________

8

Irrigation Water

6

18,532

1,000 Gal.

$_________$_________________

9

Construction Surveys

7

1 Job

Lump Sum$ xxxxxxxxx$_________________

10

Mobilization and
Demobilization

8

1 Job

Lump Sum$ xxxxxxxxx$_________________

11

Removal of Water

11

1 Job

Lump Sum$ xxxxxxxxx$_________________

12

Excavation, Common,
Embankment

21

69,705

Cu. Yd.

$_________$_________________

13

Excavation, Unclassified,
Right Auxiliary Spillway

21

72,389Cu. Yd.

$_________$_________________

14

Earthfill, Standard

23

106,739

Cu. Yd.

$_________$_________________

15

Drainfill

24

2,337

Cu. Yd.

$_________$_________________(Bid Schedule continued on next page)IFB No. PCCD-24-LPCW28Rehab-01

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EXHIBIT B (continued)

BID SCHEDULE (Sheet 2 of 3)
LOWER PLUM CREEK WATERSHED SITE 28 REHABILITATION
Caldwell County, Texas
Item
No.

Work or Material

Spec.
No. Quantity

Unit

Unit
Price

ExtendedAmount16

Topsoiling26

203,145

Sq. Yd.

$_________$_________________

17

Diversions

27

1,848

Lin. Ft.

$_________$_________________

18

Concrete, Structural

31

66.4

Cu. Yd.

$_________$_________________

19

Concrete, Pipe Cradle

31

38.1

Cu. Yd.

$_________$_________________

20

Surface Repair & Treatment
of Existing Concrete Riser

31

1 Job

Lump Sum$ xxxxxxxxx$_________________

21

Reinforcing Steel

34

9,711

Lb.

$_________$_________________

22

Concrete Pressure Pipe,30” C-301

41

180

Lin. Ft.

$_________$_________________

23

Concrete Pressure Pipe,24” C301

41

24

Lin. Ft.

$_________$_________________

24

Plastic Pipe, PVC, 6” I.D.

45

2,855

Lin. Ft.

$_________$_________________

25

Plastic Pipe, PVC, 4” I.D.

45

84

Lin. Ft.

$_________$_________________

26

Ductile-Iron Pipe

53

20

Lin. Ft.

$_________$_________________

27

Rock Riprap

61

7,762

Ton

$_________$_________________

28

Slide Gate, 12” Diameter
Opening

71

1 Job

Lump Sum$ xxxxxxxxx$_________________

29

Principal Spillway Metal Work

81

1 Job

Lump Sum$ xxxxxxxxx$_________________

30

Chain Link Fence

91

95.3

Lin. Ft.

$_________$_________________(Bid Schedule continued on next page)IFB No. PCCD-24-LPCW28Rehab-01

Page GP-12 of 21

EXHIBIT B (continued)

BID SCHEDULE (Sheet 3 of 3)
LOWER PLUM CREEK WATERSHED SITE 28 REHABILITATION
Caldwell County, Texas
Item
No.

Work or Material

Spec.
No. Quantity

Unit

Unit
Price

ExtendedAmount31

Fence, Barbed Wire

92

10,019Lin. Ft.

$_________$_________________

32

Contractor Quality Control

94

1 Job

Lump Sum$ xxxxxxxxx$_________________

33

Geotextile

95

9,117

Sq. Yd.

$_________$_________________

Total Bid (Site 28 Rehabilitation)……………………………… $_______________________

NOTE: Also enter amount of Total Bid in figures and words on Exhibit B, page GP-9 of 21.

---- END OF BID SCHEDULE ----IFB No. PCCD-24-LPCW28Rehab-01

Page GP-13 of 21

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 that specified herein.
All lines for each reference shall be filled in completely with up-to-date information. Any omissions to thisform, 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-24-LPCW28Rehab-01

Page GP-14 of 21

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-24-LPCW28Rehab-01

Page GP-15 of 21

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-24-LPCW28Rehab-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
for the 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 and severally” as well as “severally” only for the purpose of allowing a joint action or actions against any or all ofus, and for all other 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 shallbe 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 (45 days), shall execute such further contractual documents, ifany, and give such bond(s) as may be required by the terms of the bid as accepted within the time specified (5 workdays
after receipt of the forms by him/her), or in the event of failure so to execute such further contractual documents and givesuch bonds, if the Principal shall pay the Contracting Local Organization for any cost of procuring the work which exceeds
the amount of his/her bid, 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 thetime 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 toextensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptanceof the bid.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this bid bond and have affixed their seals on thedate set 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 the corporation 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, amaximum 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 orin which construction is to be performed and must be among those appearing on the U.S. Treasury Department’s
list of approved sureties.

IFB No. PCCD-24-LPCW28Rehab-01

Page GP-16 of 21

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 State of 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 ofbusiness in this state.
“Texas resident bidder” means a bidder whose principal place of business is in this state, andincludes a contractor whose ultimate parent company or majority owner has its principal place ofbusiness 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 Secretary of State totransact 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 theContracting 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 USDA Natural
Resources Conservation Service, 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 a 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 its firm.

SECTION E: Bonding: Per Texas Administrative Code Rule 293.63(5), bidder must submit, along withthe bid, the name of the person, firm, or corporation that will execute payment and performance bonds as
required in PART III, Article 13: List information below:______________________________________________________________________________________________________________________________IFB No. PCCD-24-LPCW28Rehab-01

Page GP-17 of 21

SECTION F: Certification of Nonsegregated Facilities[Applicable to federally assisted construction contracts and related subcontracts not exempt from the Equal
Opportunity clause (Article 14 of PART III - Supplemental Conditions)]
The federally assisted construction Contractor certifies they do not maintain or provide for their employees
any segregated facilities at any of their establishments, and that they do not permit their employees toperform services at any location, under their control, where segregated facilities are maintained. The
federally assisted construction Contractor certifies further that they will not maintain or provide for theiremployees any segregated facilities at any of their establishments, and that, they will not permit theiremployees to perform services at any location, under their control, where segregated facilities aremaintained. The federally assisted construction Contractor agrees that a breach of this section is aviolation of the Equal Opportunity clause in this contract. As used in this caption, the term “segregatedfacilities” means any waiting rooms, work areas, restrooms, washrooms, restaurants and other eatingareas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for employees which aresegregated 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 identical certifications fromproposed subcontractors for specific time periods) they will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts which are not exempt from the provisions of the Equal
Opportunity clause, and that they will retain such certifications in their files [certification form in PART III,Suppl. Conditions, Article 15].

SECTION G-1: 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 is providing thecertification 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 theFederal 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 towhich 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 tier covered
transaction with a person who is proposed for debarment under 48 Code of Federal Regulations (CFR) part9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in thiscovered 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 and Voluntary Exclusion—
Lower Tier Covered Transactions,” without modification, in all lower tier covered 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 ina lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that thecertification is erroneous. A participant may decide the method and frequency by which it determines theeligibility of its principals. Each participant may, but is not required to, check the Office of Federal

IFB No. PCCD-24-LPCW28Rehab-01

Page GP-18 of 21

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 system ofrecords in order to render in good faith the certification required by this clause. The knowledge andinformation of a participant is not required to exceed that which is normally possessed by a prudent personin the ordinary course of business dealings.
(9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in acovered transaction knowingly enters into a lower tier covered transaction with a person who is proposedfor debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the Federal Government, thedepartment 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, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this offer.

SECTION G-2: Texas Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion—Lower Tier Covered Transactions
Bidder hereby certifies he/she is not presently on the State of Texas debarred vendor list maintained by the
Texas Comptroller of Public Accounts.

SECTION H: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, andCooperative 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:(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 an officer or employee of an agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(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 Member of Congress, anofficer 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 subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. [Acopy is provided in PART III, Supplemental Conditions, Article 18.]
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into thistransaction 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 eachsuch failure.

IFB No. PCCD-24-LPCW28Rehab-01

Page GP-19 of 21

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 (42 U.S.C. 1857c8(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 theEnvironmental Protection Agency List of Violating Facilities;(2) To promptly notify the Contracting Local Organization (CLO), before contract award, of the receipt ofany 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 contract isunder 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]

SECTION J: Excluded Parties / Foreign Terrorist Organizations. Bidder certifies that it is not listed on
the Federal government’s terrorism watch list as described in Executive Order 13224. Bidder also
represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist
organization, as prohibited by Section 2252.152 of the Texas Government Code.

SECTION K: E-Verify. Contractor certifies and ensures that it utilizes and will continue to utilize the U.S.
Department of Homeland Security E-Verify system to determine the eligibility of all persons andsubcontractors performing duties within Texas during the term of the contract.

SECTION L: Israel Boycott. Bidder represents and warrants that, pursuant to Section 2271.002 of the
Texas Government Code, bidder does not boycott Israel and will not boycott Israel during the term of thecontract.

-- end of EXHIBIT E Bidder Certifications --IFB No. PCCD-24-LPCW28Rehab-01

Page GP-20 of 21

PART I – GENERAL PROVISIONSSUBPART D

CONTRACT AGREEMENT (Sample)
THIS AGREEMENT, made the _____ day of __________________, 2024, 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 Rehabilitation of Lower Plum Creek Watershed, Floodwater
Retarding Structure Site 28, Caldwell County, 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 eight hundred thirty-seven (837) 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:
(1)
(2)
(3)

This Contract Agreement.
Contractor’s Bid: Exhibits A - E.
Invitation for Bids (IFB) Amendment Numbers _______.

IFB No. PCCD-24-LPCW28Rehab-01

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

Page GP-21 of 21

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-0781 (cover page + sheets 1-47).
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, Board of Directors
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. ______________
Agent for service of process:____________________________________DANIEL MEYERPCCD Executive Manager____________________________________(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)

IFB No. PCCD-24-LPCW28Rehab-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-3

ARTICLE 8

MATERIAL AND WORKMANSHIP ..................................................................GC-5

ARTICLE 9

INSPECTION AND ACCEPTANCE .................................................................GC-5

ARTICLE 10

SUPERINTENDENCE BY CONTRACTOR .....................................................GC-6

ARTICLE 11

PERMITS AND RESPONSIBILITIES ..............................................................GC-6

ARTICLE 12

CONDITIONS AFFECTING THE WORK ........................................................GC-6

ARTICLE 13

OTHER CONTRACTS .....................................................................................GC-6

ARTICLE 14

PATENT INDEMNITY ......................................................................................GC-6

ARTICLE 15

ADDITIONAL BOND SECURITY .....................................................................GC-6

ARTICLE 16

REAL PROPERTY RIGHTS ............................................................................GC-7

ARTICLE 17

RECORDS OF TEST PITS AND BORINGS ...................................................GC-7

ARTICLE 18

MATERIALS TO BE FURNISHED BY THE CONTRACTOR ..........................GC-7

ARTICLE 19

WATER ............................................................................................................GC-7

ARTICLE 20

WORKWEEK – CONSTRUCTION SCHEDULE .............................................GC-7

ARTICLE 21

SUBCONTRACTORS ......................................................................................GC-8

ARTICLE 22

SURVEYS ........................................................................................................GC-8

GC-i

IFB No. PCCD-24-LPCW28Rehab-01

PART II – Contents

Page No.
ARTICLE 23

SUSPENSION OF WORK ...............................................................................GC-8

ARTICLE 24

CLEANUP WORK ............................................................................................GC-9

ARTICLE 25

ASSIGNMENT .................................................................................................GC-9

ARTICLE 26

WEATHER .......................................................................................................GC-9

ARTICLE 27

NONCOMPLIANCE WITH CONTRACT REQUIREMENTS ............................GC-9

ARTICLE 28

QUANTITY VARIATIONS ................................................................................GC-9

ARTICLE 29

FEDERAL, STATE, AND LOCAL TAXES .................................................... GC-10

ARTICLE 30

SHOP DRAWINGS ....................................................................................... GC-10

ARTICLE 31

TERMINATION FOR CONVENIENCE OF
THE CONTRACTING LOCAL ORGANIZATION .......................................... GC-10

ARTICLE 32

PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS ...................................... GC-11

ARTICLE 33

OPERATIONS AND STORAGE AREAS ...................................................... GC-11

ARTICLE 34

USE AND POSSESSION PRIOR TO COMPLETION .................................. GC-11

ARTICLE 35

LAYOUT OF WORK ..................................................................................... GC-12

ARTICLE 36

PRECONSTRUCTION CONFERENCE ....................................................... GC-12

ARTICLE 37

CONTRACTOR RECORDS.......................................................................... GC-12

ARTICLE 38

ARCHEOLOGICAL OR HISTORIC SITES ................................................... GC-12

ARTICLE 39

CONTROL OF EROSION, SEDIMENTATION,
AND POLLUTION ......................................................................................... GC-12

ARTICLE 40

VEGETATION DELAY DUE TO PRESCRIBED VEGETATION DATES ..... GC-12

ARTICLE 41

ACCIDENT PREVENTION & SAFETY (OSHA Supplement) ....................... GC-12
A. General Contractor Requirements ........................................................ GC-13
B. First Aid and Medical Facilities .............................................................. GC-14
C. Physical Qualifications of Employees ................................................... GC-15
D. Personal Protective Equipment ............................................................. GC-15
E. Machinery and Mechanized Equipment ................................................ GC-16
F. Ladders and Scaffolding ........................................................................ GC-17

GC-ii

IFB No. PCCD-24-LPCW28Rehab-01

GC-1 of 18

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 the contract. (CLO)
is the Plum Creek Conservation District, Lockhart, Texas. Also referred to as District and Owner.
(b) Contracting Officer (CO): The person who is designated and authorized to enter into and administer
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 orelsewhere in the contract documents unless such person has been delegated authority 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 the Contractor’s
work conforms to the technical requirements as set forth in the drawings and specifications. Also called Project
Engineer, Government Representative (GR), Contracting Officer’s Representative (COR), and Contracting
Officer’s Technical Representative (COTR).
(d) Inspector: The person who performs daily inspection services for the CLO at the construction site andmaintains accurate daily records of the work accomplished and the factors affecting its progress and quality.
Also called NRCS Construction Inspector, NRCS Inspector, and Government inspector.
(e) USDA-NRCS. United States Department of Agriculture, Natural Resources Conservation Service – theFederal agency providing engineering and inspection services for this contract. Also referred to as
Government.
(f) Quality Assurance (QA). NRCS Construction Inspector (onsite).
(g) Quality Control (QC). NRCS 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 not shown on thedrawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shownor mentioned in both. In case of difference between drawings and specifications, the specifications shallgovern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shallbe 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 considerednecessary, unless otherwise provided.
ARTICLE 3 – CHANGES(a) The Contracting Officer may, at any time, without notice to the sureties, by written order designated orindicated to be a change order, make any change in the work within the general scope of 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.
(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, which causes any such change, shallbe treated as a change order under this article, provided that the Contractor gives the Contracting Officer written
notice stating the date, circumstances, and source of the order and that the Contractor regards the order as achange order.
(c) Except as herein provided, no order, statement, or conduct of the Contracting Officer shall be treatedas 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 timerequired for, the performance of any part of the work under this contract, whether or not changed 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

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allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required:And provided further, That in the case of defective specifications for which the Contracting Local Organizationis responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor
in attempting to comply 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 the furnishing of a written noticeunder (b) above, submit to the Contracting Officer a written statement setting forth the general nature andmonetary extent of such claim, unless this period is extended by the Contracting Officer. The statement ofclaim 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 the Contracting Officer
in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated inthis contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from thoseordinarily encountered and generally recognized as inhering in work of the character provided for in thiscontract. The Contracting Officer shall promptly investigate the conditions, and if he/she finds that suchconditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the timerequired for, performance of any part of the work under this contract, whether or not changed as a result ofsuch conditions, an equitable 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 noticerequired 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, with such diligenceas will insure its completion within the time specified in this contract, or any extension thereof, or fails tocomplete said work within such time, the Contracting Local Organization may, by written notice to theContractor, terminate Contractor’s right to proceed with the 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 or otherwise, and may take possession of and utilize in completing the work suchmaterials, 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 workwithin the specified time.
(b) If the Contracting Local Organization so terminates the Contractor’s right to proceed, the resulting
damage will consist of such actual damages until such reasonable time as may be required for final completionof the work together with any increased costs occasioned the Contracting Local Organization in completing thework.
(c) If the Contracting Local Organization does not so terminate the Contractor’s right to proceed, theresulting 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 with resulting
damage if:(1) The delay in the completion of the work arises from unforeseeable causes beyond the control andwithout the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public
enemy, acts of the Contracting Local Organization in its contractual capacity, acts of another contractor in theperformance of a contract with the Contracting Local Organization, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliersarising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor
and such subcontractors or suppliers; andIFB No. PCCD-24-LPCW28Rehab-01

GC-3 of 18(2) The Contractor, within 10 days from the beginning of any such delay (unless the Contracting Officer
grants a further period of time before the date of final payment under the contract), notifies the Contracting
Officer in writing of the causes of delay.
(3) The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time forcompleting 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 the Contracting Officer
for decision. Before making a decision the Contracting Officer shall notify the Contractor 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 the Contractor. Pending the decision of the Contracting Officer the Contractor shallproceed diligently with the performance of this contract. [See Also: PART III, Supplemental Conditions, Article
11 – Disputes/Alternative Dispute Resolution]
ARTICLE 7 – PAYMENTS TO CONTRACTOR / INVOICING REQUIREMENTS(a) The Contracting Local Organization will pay the contract price as hereinafter provided and will 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 atmore frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting
Officer. If requested by the Contracting Officer, the Contractor shall furnish a breakdown of the total contract
price showing the amount included therein for each principal 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 to the material
and that it will be utilized on the work covered by the contract. Payment for material delivered 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 anyof the remaining progress payments to be made in full without retention of a percentage. Also, whenever thework 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 the Contracting Local Organization, at his/her discretion may releaseto the Contractor all or a portion of 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, theContracting Local Organization shall pay interest on such retainage from the date the retainage is withheld tothe date of payment to the Contractor. The interest rate to be paid on such retainage shall be the rate of interest
paid by the Contracting Local Organization’s depository bank on interest bearing accounts of similar amounts
during the period of time interest accrues as provided herein. Furthermore, on completion and acceptance ofeach separate project, public work, or other division of the contract, on which the price is stated separately inthe contract, payment may be made without retention of a percentage.
(d) All material and work covered by progress payments made shall thereupon become the sole propertyof the Contracting Local Organization, but this provision shall not be construed as relieving the Contractor fromthe 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.

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GC-4 of 18(e) “Properly Executed Invoice” Requirements(1) The original and one copy of each invoice are to be delivered to the Contracting Officer at thedesignated 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 tothe copy submitted to the Engineer:(i)
A complete remittance address along with vendor’s tax identification number.
(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 the contract.
(iv)
Itemization of payment requests by Contract Item Number (CIN) as shown in PART 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 and amount by CIN.
(f) Designated Payment Office Contact Point. The contact point described below coordinates the issuanceof payments under this contract:
Name:
Nora Lopez-Castillo
Title:
Administrative Assistant
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 this contract
after-(i)Completion and acceptance of all work;(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 byContracting Local Organization, Contractor may furnish receipts or releases in full; an affidavit of Contractor
that the releases and receipts include all labor, services, material and equipment for which a lien could be filed,
and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which
Contracting Local Organization or his/her property might in any way be responsible, have been paid orotherwise satisfied. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish arelease 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 and by virtue of contract
number [Identify Contract] 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.
(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 anddisputes. These regulations include, but are not limited to, payments made by Contracting Local Organization,
Contractor, and subcontractors for any work, goods, services, etc. provided under this contract.

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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 for the 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 andshall not be construed as limiting competition, and the 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 the Contracting Officer for his/her approval the name of the manufacturer, the model
number, and other identifying data and information respecting the performance, capacity, nature, and rating of
the machinery and mechanical and other equipment which the Contractor contemplates incorporating in thework. When required by this contract or when called for by the Contracting Officer, the Contractor shall furnish
the Contracting Officer for approval full information concerning the material or articles which Contractor
contemplates incorporating in the work. When so directed, samples shall be submitted for approval at theContractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles installed
or used without required approval shall 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, and manufacture andfabrication of components) shall be subject to inspection and test by the Contracting Local Organization at allreasonable times and at all places prior to acceptance. Any such inspection and test is for the sole benefit of
the Contracting Local Organization and shall not relieve the Contractor of the responsibility of providing quality
control measures to assure that the work strictly complies with the contract requirements. No inspection or testby 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 to acceptance,
nor in any way affect the continuing rights of the Contracting Local Organization after acceptance of thecompleted 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 found by theContracting Local Organization not to conform to the contract requirements, unless in the public interest theContracting Local Organization consents to accept such material or workmanship with an appropriate
adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from thepremises.
(c) If the Contractor does not promptly replace rejected material or correct rejected workmanship, theContracting Local Organization (1) may, by contract or otherwise, replace such material or correct suchworkmanship and charge the cost thereof to the Contractor, or (2) may terminate the Contractor’s right toproceed 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, and material
reasonably needed for performing such safe and convenient inspection and test as may be required by theContracting Officer. All inspection and test by the Contracting Local Organization shall be performed in suchmanner as not unnecessarily to delay the work. Special, full size, and performance 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 test when material or workmanship is not ready at the time specified by theContractor 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, by removing or tearingout same, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If suchwork 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 satisfactoryreconstruction. If, however, such work is found to meet the requirements of the contract, an equitableadjustment shall be made in the contract price to compensate the Contractor for the additional services involvedin such examination and reconstruction and, if completion of the work has been delayed thereby, Contractor
shall, in addition, be granted a suitable extension of time.

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GC-6 of 18(f) Unless otherwise provided in this contract, acceptance by the Contracting Local Organization shall bemade as promptly as practicable after completion and inspection of all work required by this contract, or that
portion of the work that the Contracting Officer determines can be accepted separately. Acceptance shall befinal and conclusive 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, shall give his/her
personal superintendence to the work or have on the work a competent superintendent, satisfactory to theContracting 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 forobtaining any necessary licenses and permits, and for complying with any applicable Federal, State, andmunicipal laws, codes, and regulations, in connection with the prosecution of the work. Contractor shall besimilarly responsible for all damages to persons or property that occur as a result of his/her fault or
negligence. He/she shall take proper safety and health precautions to protect the work, the workers, thepublic, 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 unitof construction thereof which theretofore may have been accepted.
ARTICLE 12 – CONDITIONS AFFECTING THE WORKThe Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature andlocation 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 thework 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 theContracting 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 theContractor shall fully cooperate with such other contractors and Contracting Local Organization employees andcarefully fit his/her own work to such additional work as may be directed by the Contracting Officer. The
Contractor shall not commit or permit any act which will interfere with the performance of work by any othercontractor 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 the Government 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 theaccount 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 the Contracting
Local Organization, or if any such surety fails to furnish reports as to its financial condition from time to time asrequested by the Contracting Local Organization, or if the contract price is increased to such an extent that thepenal sum of any bond becomes inadequate in the opinion of the Contracting Officer, the Contractor shallpromptly furnish such additional security as may be required from time to time to protect the interests of theContracting Local Organization and of persons supplying labor or materials in the prosecution of the work
contemplated by this contract.

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ARTICLE 16 – REAL PROPERTY RIGHTS(a) Adequate real property rights needed in order to perform the work under this contract have beenacquired by or on behalf of the Contracting Local Organization. The right to enter, remove, or otherwise makeuse of adjacent property, roads, utility lines, fences, and other improvements not included 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 shall designate theright-of-way to be used.
(c) The Contractor shall obtain owner’s advance written approval if he/she plans to enter, remove, orotherwise make use of adjacent property, roads, utility lines, fences, and other improvements not included
within the real property rights provided by the Contracting Local Organization. A copy of the written approvalmust be submitted to the Contracting Officer. The Contractor is responsible for any and all expenses
associated with these items. Any Contractor-proposed changes to items designated or shown in the plans andspecifications (e.g., site entrance, stockpile area, campsite, etc.) must be approved by the Contracting Officer
at his/her sole discretion.
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 other materials to be excavated, thedifficulties of making and maintaining the required excavations and of doing other work affected by the geologyof the site of the work, and for the final preparation of the foundations for the spillway, dikes, and otherstructures.
ARTICLE 18 – MATERIALS TO BE FURNISHED BY THE CONTRACTOR(a) Unless otherwise specified in this contract, the Contractor shall furnish all materials required for thecompletion of the contract.
(b) Unless otherwise waived in writing by the Contracting Officer, the Contractor shall furnish theContracting Local Organization with certifications dated and signed by the manufacturer and/or supplier to theeffect that the items listed therein meet the requirements of this contract. Such certifications shall be furnishedprior to the use of the material in any part of the construction and shall 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 of work, submit
to the Contracting Officer for approval: (1) a construction schedule showing the order in 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 bidschedule; 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 theContracting Officer may require him/her to either increase the number of shifts, days or hours of work, or theamount 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 in which 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 ofprogress payments and/or take such other actions as provided in this contract until such time as the Contractor
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 not prosecuting the workwith such diligence as will insure completion within the time specified. Upon such determination, theIFB No. PCCD-24-LPCW28Rehab-01

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Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part thereof,in accordance with Article 5 of the General Conditions.
(d) The maximum workweek that will be approved is:- Monday through Saturday, up to 11 hours per day (not to exceed 60 hours per week).
- 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 the original contract performance time:
2024: Labor Day 9/2, Columbus Day 10/14, Veterans Day 11/11, Thanksgiving Break Nov. 27-30, Winter BreakDec. 22-31. 2025: Winter Break (cont’d) Jan. 1-4, M.L. King Day 1/20, Presidents Day 2/17, Memorial Day 5/26,
Juneteenth 6/19, Independence Day 7/4, Labor Day 9/1, Columbus Day 10/13, Veterans Day 11/11, Thanksgiving
Break Nov. 26-29, Winter Break Dec. 21-31. 2026: Winter Break (cont’d) Jan. 1-3, M.L. King Day 1/19, Presidents
Day 2/16, Memorial Day 5/25, Juneteenth 6/19, Independence Day 7/4, Labor Day 9/7, Columbus Day 10/12.
(f) If the contract performance time is extended after the contract is awarded due to weather and its effects,
or for other reasons, all work (except that of an emergency, protective, or maintenance nature) will besuspended on days listed below and the suspension days will be added to the performance time: 2026:
Veterans Day 11/11, Thanksgiving Break Nov. 25-28, Winter Break Dec. 20-31. 2027: Winter Break (cont’d)Jan. 1-2, M.L. King Day 1/18, Presidents Day 2/15, Memorial Day 5/31.
ARTICLE 21 – SUBCONTRACTORS(a) Work shall not be subcontracted in whole or in part without the prior written approval of the Contracting
Officer. The request shall be in writing with the name and qualifications 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 and Water
Conservation District, Caldwell-Travis Soil and Water Conservation District, or USDA-Natural Resources
Conservation Service (all in the State of Texas), or to any firm in which any official or any member of suchofficial’s immediate family of these entities has direct or indirect interest in the pecuniary profits or contracts ofsuch 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 partof the work for such period of time as he/she may determine to be appropriate for the convenience of theContracting 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 this contract, or by his/her
failure to act within the time specified in this contract (or if no time is specified, 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.
(c) No claim under this article shall be allowed (1) for any costs incurred more than 20 days before theContractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but thisrequirement shall not apply as to a claim resulting from a suspension order), andIFB No. PCCD-24-LPCW28Rehab-01

GC-9 of 18(2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination ofsuch 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 the work site
and access roads in an orderly condition, free and clear from debris and discarded materials. Care shall betaken to prevent spillage when hauling is being done. Any spillage or debris resulting from the Contractor’soperations shall be immediately removed.
(b) Upon completion of the work the Contractor shall remove from the work site, areas adjacent to the worksite and access roads: all plant, buildings, debris, unused materials, concrete forms and other like material
belonging to Contractor or used under his/her direction during the construction. Contractor shall grade allaccess roads, other than public, removing wheel tracks and smoothing up such roads.
ARTICLE 25 – ASSIGNMENTThe Contractor shall not assign in whole or in part this contract without the prior written consent of theContracting Local Organization. The Contractor shall not assign any moneys due or to become due 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 of weather at the site, forsuch 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 dateshall be extended a full calendar day for each calendar day during suspension of the work 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 a case-by-case basis (workof 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-halfor 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 the hours lostin 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 for each nonworkday duringsuspension of the work.
(d) When the Contracting Officer orders any suspension of the work under this article, the Contractor shallnot 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 inwriting accordingly.
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 the requirements of thiscontract, and the contract completion date shall not be extended on account of any such suspension of thework.
(b) When the Contracting Officer orders any suspension of the work under (a) of this article, the Contractor
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, isestimated, no adjustment of the contract price nor of the performance time shall be made for overruns orunderruns 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

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equitably, and modify the contract in writing accordingly; this article to thereafter be applicable to the total reestimated 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 thecontract 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 totax responsibilities in Texas Administrative Code Rule §3.291, section (c), and is responsible to issue a properly
completed exemption certificate to a supplier in accordance with section (c)(5).
(3) Contractor is solely responsible to be adequately familiar with and comply with all requirements ofTexas 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).
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 the Contractor to explainin detail specific portions of the work required by the contract.
(b) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review
them for accuracy, completeness, and compliance with contract requirements and shall indicate 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 shallindicate his/her reasons therefor. Any work done prior to such approval shall be at the Contractor’s risk.
Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors oromissions 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 shall describe suchvariations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves
any such variation(s), he/she shall issue an appropriate contract modification, except that, if the variation isminor and does not involve a change in price or in time of performance, a modification need not be issued.
ARTICLE 31 – TERMINATION FOR CONVENIENCE OF THE CONTRACTING LOCAL ORGANIZATIONThe Contracting Officer, by written notice, may terminate this contract in whole or in part, when it is in theinterest of the Contracting Local Organization. If this contract is so terminated, the Contractor shall becompensated for all necessary and reasonable direct costs of performing the work 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 and overhead costs. From this will be deducted any
payments or reimbursements previously paid and salvage 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 aloss had the entire contract been completed.

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ARTICLE 32 – PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,AND IMPROVEMENTS(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees,
shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do notunreasonably 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 ofequipment, or by workmen, the Contractor shall trim 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 or near thework site, and (2) on adjacent property of a third party, the locations of which are made known to or should
be known by the Contractor. The Contractor shall repair any damage to those facilities, including thosethat are the property of a third party, resulting from failure to 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 thedamage 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 shallhold and save the Contracting Local Organization, its officers and agents, free and harmless from liabilityof 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 and materials
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 removed by the Contractor atits expense upon completion of the work. With the written consent of the Contracting 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 establishedroadways, or use temporary roadways constructed by the Contractor when and as authorized by theContracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded
beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal,
State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shallprotect them from damage. The Contractor shall repair 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 thoseportions of the work that the Contracting Local Organization intends to take possession of or use. However,
failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility forcomplying with the terms of the contract. 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 shall be
relieved of the responsibility for the loss of or damage to the work resulting from the Contracting Local
Organization's possession or use, notwithstanding the terms of Article 11 (Permits and Responsibilities) ofthese General Conditions. If prior possession or use by the Contracting Local Organization delays the
progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be madein the contract price or the time of completion, and the contract shall be modified in writing accordingly.

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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 specific details
regarding the date, time, and location of the conference, any need for attendance by subcontractors, andinformation 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, Texas State Auditor’s Office, or USDA-Natural Resources Conservation
Service, or any of their duly authorized representatives, to any books, documents, papers, and records of theContractor 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 forseven (7) years after the Contracting Local Organization makes final payment under the contract and all otherpending matters between the Contracting Local Organization and the Contractor under the contract are closed.
ARTICLE 38 – ARCHEOLOGICAL OR HISTORIC SITES
If a previously unidentified archeological or historic site(s) is encountered, the Contractor shall discontinue workin 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 andmuddying 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 bedischarged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-madechannels. Wash water or waste from concrete or aggregate operations shall not 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 is discharged.
(c) Mechanized equipment shall not be operated in flowing streams without written approval by theContracting Officer.
ARTICLE 40 – VEGETATION DELAY DUE TO PRESCRIBED VEGETATION DATESPart IV, Construction Specification 6 (Seeding, Sprigging, and Mulching) specifies dates when permanent
vegetation shall be conducted. In the event that (1) the approved Construction Schedule date to conduct thiswork does not fall within the prescribed dates for vegetation, and (2) the majority of work for the project asdetermined by the Project Engineer has been completed, the Contracting Officer will issue a Suspend Work
Order. The only work the Contractor will be allowed to perform during this suspension will be activities requiredin the SWP3, TCEQ requirements for temporary vegetation, and work of a protective, maintenance, or
emergency nature. A Resume Work Order will be issued on the next working-day date that permanent
vegetation is allowed. The Contracting Officer shall modify the contract to extend performance time by the
number of calendar days of the suspension. The Contractor is not entitled to any change to contract price forthe delay.
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 these requirements
or any condition which poses a serious or imminent danger to the health or safety of the public or

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Contracting Local Organization personnel, the Contracting Officer shall notify the Contractor orally, withwritten confirmation, and request immediate initiation of corrective action. This notice, when delivered to
the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of thenoncompliance and that corrective action is required. After receiving the notice, the Contractor shallimmediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, theContracting 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
extension of the performance schedule on any stop work order issued under this article.
(c) The Contractor shall insert this article, including this paragraph (c), with appropriate changes in thedesignation 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 an analysisof the significant hazards to life, limb, and property inherent in contract work performance and a plan forcontrolling 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’ssafety program, and U.S. Department of Labor construction safety and health standards, 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 the contractual
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 not proceed 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 of Agriculture, Natural Resources
Conservation Service, Texas State Soil and Water Conservation Board, 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 beobtained from:Superintendent of Documents
U.S. Government Printing Office
Washington, DC 20402
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 to submit in writing a
proposed comprehensive safety program to the Contracting Officer for approval before the start ofoperations. The program is to specifically state what provisions the Contractor proposes to take for thehealth and safety of all employees, including subcontractors and rental equipment operators. The program

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shall be site specific and provide details relevant to the work to be done, the hazards associated with thework, and the actions that will be necessary to minimize the identified hazards.
(2) PRECONSTRUCTION SAFETY MEETING. Representatives for the Contractor are to meet 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 toparticipate in monthly meetings of a joint Safety Policy Committee, composed of Contracting Officer, CLO
Engineer and/or Inspector, and Contractor supervisory personnel. 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 to be conductedeach 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 thejobsite, materials, and equipment, and shall correct deficiencies.
(7) FIRST AID TRAINING. Every Contractor foreman's work crew must include an employee who hasa current first aid certificate from the Mine Safety and Health Administration, American Red Cross, or otherstate-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 the Contracting Officer. A
copy of all reports is to be provided to the Contracting Officer. All fatal or serious injuries are to be reported
immediately to the Contracting Officer, and every assistance is to be given in the investigation of theincident, 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 bereported 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 to investigation of an accident.
(9) CERTIFICATION OF INSURANCE. Contractors are to provide the Contracting Officer withcertificates of insurance before the start of operations indicating full compliance with State Worker's
Compensation statutes, as well as other certificates of insurance required under the contract. [See PARTIII – 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 be provided ataccessible, 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 namesof the certified employees shall be posted at the jobsite.
(3) COMMUNICATION AND TRANSPORTATION. Prior to the start of work, the Contractor is to makenecessary 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.

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GC-15 of 18(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 the Contracting Officer
and are to include-(a) A daily treatment log listing chronologically all persons treated for occupational injuries andillnesses;(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 beprovided 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 be physicallyqualified to perform their assigned duties. Employees must not knowingly be permitted 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 are physically qualified
to safely operate hoisting equipment. The Contractor is to submit a copy of each certification to theContracting Officer.
(3) HEAVY EQUIPMENT OPERATORS. It is recommended that operators of trucks and heavyequipment be given physical examinations to determine if they are physically qualified to perform theirassigned work without endangering themselves or others.
(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 orlicense for the equipment being operated. The operators must have passed a physical exam administeredby a licensed physician within the past year showing that they are qualified to operate vehicles safely.
D. PERSONAL PROTECTIVE EQUIPMENT(1) HARD HAT AREAS. The entire jobsite, with the exception of offices, shall be considered 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 with theappropriate 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 whitebackground 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.

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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 andappropriate for the intended use. Operators shall inspect their equipment prior to the beginning of eachshift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety equipment, suchas seatbelts, installed on machinery is to be used by equipment 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 specific responsibilities andsafety 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 for cleaning or repair.
(3) HAUL ROADS FOR EQUIPMENT(a) ROAD MAINTENANCE. The Contractor shall maintain all roadways, including haul roads andaccess roads, in a safe condition so as to eliminate or control dust and ice hazards. Wherever dust is ahazard, adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust.
(b) SINGLE-LANE HAUL ROADS. Single-lane haul roads with two-way traffic shall have adequate
turnouts. Where turnouts are not practical, a traffic control system shall be provided to prevent accidents.
(c) TWO-WAY HAUL ROADS. On two-way haul roads, arrangements are to be such that vehicles
travel on the right side wherever possible. Signs and traffic control devices are to be employed to indicate
clearly any variations from a right-hand traffic pattern. The road shall be wide enough to permit safe
passage of opposing traffic, considering the type of hauling equipment used.
(d) DESIGN AND CONSTRUCTION OF HAUL ROADS. Haul road design criteria and drawings, 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-sight line with as great a radius aspractical. All roads shall be posted with curve signs and maximum speed limits that will permit theequipment to be stopped within one-half the minimum sight distance.
(e) OPERATORS. Machinery and mechanized equipment shall be operated only by authorized
qualified persons.
(f) RIDING ON EQUIPMENT. Riding on equipment by unauthorized personnel is prohibited.
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 the equipment is inmotion 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, and after major
repairs or modification, power cranes, derricks, cableways, and hoists must satisfactorily 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, TRUCK MOUNTED, AND
WHEEL MOUNTED). The performance test is to be carried out as per ANSI requirements. The test is toconsist 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 or boom tip extensions are to be tested using both themain boom and the jib, with an appropriate test load in each case.

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GC-17 of 18(c) PERFORMANCE TEST--DERRICKS, GANTRY CRANES, TOWER CRANES, CABLEWAYS,
AND HOISTS, INCLUDING OVERHEAD CRANES. This equipment is to be performance tested as perwith 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 good working order.
(e) CRANE TEST CERTIFICATION. The performance test required by (4)(b) and (c) is fulfilled 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 requiredby 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 the elevation 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 over construction
personnel or in the immediate vicinity of construction personnel shall be forged steel equipped with safety
keepers. When shackles are used under these conditions, they shall be of 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 tocrawler and rubber-tired tractors such as dozers, push-and-pull tractors, winch tractors, tractors withbackhoes, 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 and similar 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 skid-steer 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 work requiring lifting of heavymaterials 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 the ground 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 workas 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.
(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 other unguarded locations atelevations greater than 6 feet.
(c) Work on skips and platforms used in shafts by crews when the skip or cage does not block the
opening to within 1 foot of the sides of the shaft, unless cages are provided.

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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-4

ARTICLE 6

COMMENCEMENT, PROSECUTION, AND
COMPLETION OF WORK .............................................................................. SC-4

ARTICLE 7

VENUE ............................................................................................................. SC-4

ARTICLE 8

WAGES / BENEFITS ....................................................................................... SC-4

ARTICLE 9ETHICS / CONFLICTS OF INTEREST ........................................................... SC-5

ARTICLE 10

PROTESTS ...................................................................................................... SC-6

ARTICLE 11

DISPUTES / ALTERNATIVE DISPUTE RESOLUTION .................................. SC-7

ARTICLE 12

INDEMNIFICATION CLAUSE.......................................................................... SC-8

ARTICLE 13

PERFORMANCE AND PAYMENT BONDS .................................................... SC-9

ARTICLE 14

EQUAL OPPORTUNITY (FEDERALLYASSISTED CONSTRUCTION) ........................................................................ SC-9

ARTICLE 15

NOTICE TO PROSPECTIVE FEDERALLYASSISTED CONSTRUCTION CONTRACTORS(Certification of Nonsegregated Facilities) ..................................................... SC-10

ARTICLE 16

STANDARD FEDERAL EQUAL EMPLOYMENTOPPORTUNITY CONSTRUCTION CONTRACT
SPECIFICATIONS (EXECUTIVE ORDER 11246) ........................................ SC-11

ARTICLE 17

CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY & VOLUNTARYEXCLUSION—LOWER TIER COVERED TRANSACTIONS ........................ SC-14

SC-i

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PART III - Contents

Page No.

ARTICLE 17A

TEXAS CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY & VOLUNTARYEXCLUSION—LOWER TIER COVERED TRANSACTIONS ........................ SC-15

ARTICLE 18

CERTIFICATION REGARDING LOBBYINGCERTIFICATION FOR CONTRACTS, GRANTS,
LOANS, AND COOPERATIVE AGREEMENTS ............................................ SC-15

ARTICLE 19

CLEAN AIR AND WATER CLAUSE / CERTIFICATION ............................... SC-16

ARTICLE 20

SUBCONTRACTOR CERTIFICATION – TPDES ......................................... SC-17

SC-ii

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PART III - SUPPLEMENTAL CONDITIONSARTICLE 1 – TYPES AND LIMITS OF INSURANCE
Satisfactory certificates of insurance (COI) shall be filed with Contracting Local Organization prior tocommencement of any work on this contract. Plum Creek Conservation District shall be listed as Certificate
Holder. All approved Subcontractors also must file COI with PCCD that meets these Article 1 requirements.
Insurance requirements stated below do not establish limits of the Contractor’s or Subcontractor’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'scompensation 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 a workmen'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 tomembers of the public and damage to property of others arising from the use of 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:
Combined single limit:$1 million each accident(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 arisingfrom injuries to persons other than his/her employees or damage to property of Contracting 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 byContractor.
(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$1 million each occurrence
Property damage$1 million each occurrence

Aggregate$2 million(d) Umbrella Liability Policy. If aggregate of Comprehensive General Liability Insurance in (c)(4) above
does not equal or exceed $2 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 theworkmen'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 $2 million. The policy shalllist CLO as additional named insured per Article 1(f).
(e) Policy Cancellation. Each policy shall contain a provision that the coverage afforded will not becanceled or materially changed until at least 30 days prior written notice has been given to the Contracting
Local Organization or Contracting Officer.

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SC-2 of 18(f) Additional Named Insured. The Contracting Local Organization (CLO) shall be listed as an additional
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 theContracting 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, shall be
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 TX Department of Insurance, Division of Workers’ Compensation, or acoverage agreement (DWC Form-81, DWC Form-82, DWC Form-83, or DWC Form-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 theContractor’s/person’s work on the project has been completed and accepted by the Contracting 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, owner-operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project. “Services” include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service
related to a project. “Services” does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
(b) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the Contractor providing services on the project, for the duration of
the project.
(c) The Contractor must provide a certificate of coverage to the Contracting Local Organization prior tobeing awarded the contract.
(d) If the coverage period shown on the Contractor’s current certificate of coverage ends during the durationof the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coveragewith 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 theContracting Local Organization:(1) A certificate of coverage, prior to that person beginning work on the project, so the Contracting 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 coverage ends during theduration of the project.
(f) The Contractor shall retain all required certificates of coverage for the duration of the project and thenin 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 personaldelivery, within 10 days after the Contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project.

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SC-3 of 18(h) The Contractor shall post on each project site a notice [see paragraph (l) of this Article], in the text, form
and manner prescribed by the Texas Department of Insurance, Division of Workers’ Compensation, informing
all persons providing services on the project that they are required to be covered, and stating how a person
may verify coverage and report lack of coverage.
(i) The Contractor shall contractually require each person with whom it contracts to provide services on a
project, to:(1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filingof 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 the duration of the project;(2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage
showing that coverage is being provided for all employees of the person providing services on the project, forthe duration of the project;(3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during
the duration of the project;(4) Obtain from each other person with whom it contracts, and provide to the Contractor:(i)a certificate of coverage, prior to the other person beginning work on the project; and(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 then inaccordance with PART II – General Conditions, Article 37 – Contractor Records;(6) Notify the Contracting Local Organization in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects the provision ofcoverage of any person providing services on the project; and(7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1)- (7), with the certificates of coverage to be provided to the person for whom they are providing services.
(j) By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor
is representing to the Contracting Local Organization that all employees of the Contractor who will provide
services on the project will be covered by workers’ compensation coverage for the duration of the project, thatthe coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with
the TX Department of Insurance, Division of Workers’ Compensation. Providing false or misleading information
may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.
(k) The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor
which entitles the Contracting Local Organization to declare the contract void if the Contractor does not remedy
the breach within ten days after receipt of notice of breach from the Contracting 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 this construction
project must be covered by workers’ compensation insurance. This includes persons providing,hauling, or delivering equipment or materials, or providing labor or transportation or other service
related to the project, regardless of the identity of their employer or status as an employee.
Call the Division of Workers’ Compensation at 1-800-252-7031 or access the division’s website at
www.tdi.texas.gov/wc/indexwc.html 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.”

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ARTICLE 4 – POST-AWARD INFORMATION
Within five (5) workdays after receipt of Notice of Award, Contractor shall submit to the Contracting Officer thefollowing 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).
(e) Major equipment schedule per PART II, General Conditions, Article 8(a). A firm commitment inwriting 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 work to verify soundness and reliability.
(f) Contractor’s proposed workweek (days and clock hours) per PART II, General Conditions, Article
20(a).
(g) For a nonresident bidder who is a corporation, limited partnership, or limited liability company: acurrent Certificate of Authority from Texas Secretary of State, if not yet provided.
(h) Form CIQ, Conflict of Interest Questionnaire, as required by Article 9 of these Supplemental
Conditions.
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 bya supplemental agreement to this contract if, during the performance of the work, the Contractor requests a
reduction and the Contracting Officer determines that the reduction would be to the advantage of theContracting Local Organization.
ARTICLE 6 – COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK(a) Contractor shall be required to:(1) Commence work under this contract within twenty (20) calendar days from the date of receipt of
written Notice to Proceed [note: performance time commences the day after Notice to Proceed is received];(2) Prosecute the work diligently; and(3) Complete the entire work ready for use not later than eight hundred thirty-seven (837) calendar days
from the day after Notice to Proceed is received by Contractor.
(b) The time stated for completion shall include final cleanup of the premises.
ARTICLE 7 – VENUEThis contract shall be governed, construed and interpreted under the laws of the State of Texas. This contract
is performable in Caldwell County, Texas. The Contracting Local Organization has domicile in Caldwell County,
Texas, and any legal action must be filed in Caldwell County, Texas.
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 shall post in conspicuous places in the workplace
notices indicating the paydays.

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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 prevailingwage 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 thecontract.
(c) A worker employed or working upon the site of the work shall be paid the full amount of wages andbona fide fringe benefits (or cash equivalents thereof) computed at rates not less than those contained in thePrevailing Wage Rates Determination for regular work and for legal holiday and overtime work, regardless ofany 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 workin more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in eachclassification 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 or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit asstated 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 a clauserequiring 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 with this article.
(h) Payroll records. A Contractor and subcontractor shall keep a record showing: (i) the name andoccupation 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 each worker. The record shallbe open at all reasonable hours to inspection by the officers and agents of the Contracting Local Organizationand 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 Organizationa penalty of $60 for each worker employed for each calendar day or part of the day that the worker is paid lessthan the wage rates stipulated.
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 businessarrangement with any employee, official or agent of the Contracting Local Organization, USDA-Natural
Resources Conservation Service, or Texas State Soil and Water Conservation Board.
(c) Contractor shall submit Form CIQ, Conflict of Interest Questionnaire, to PCCD with its Post-Award
Information (see Article 4 of these General Conditions) and update the submittal if there are any changes duringperformance of the contract.
(d) Section 2252.908, Texas Government Code, as amended, requires that all contracts with private
business entities requiring approval by the PCCD Board of Directors, and/or with the amount of the contract
being in excess of $1,000,000, will require the on-line completion of Form 1295, Certificate of Interested Parties.
Form 1295 is also required for any and all contract amendments, extensions or renewals. The awarded
Contractor will be required to complete and file electronically with the Texas Ethics Commission using the online
filing application. If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of the Contractor. Please visit State of Texas Ethics Commission
website for more information:• https://www.ethics.state.tx.us/filinginfo/1295/

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ARTICLE 10 – PROTESTS(a) Any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection withthe solicitation, evaluation, or award of a contract may formally protest to the Contracting Officer. Suchprotests must be in writing and received by the Contracting Officer within ten working days after suchaggrieved person knows, or should have known, of the occurrence of the action which is protested. Formal
protests must conform to the requirements of this article and subsection (c) of this article, and shall be
resolved in accordance with the procedure set forth in subsections (d) and (e) of this article. Copies of theprotest must be mailed or delivered by the protesting person to the project manager, if any, and otherinterested persons. For the purposes of this section, "interested persons" means all vendors who havesubmitted bids or proposals for the contract involved.
(b) In the event of a timely protest or appeal under this section, the Contracting Local Organization shallnot 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 ofis 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 other identifiableinterested persons.
(d) The Contracting Officer may settle and resolve the dispute concerning the solicitation or award of acontract 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 a written
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 reasonsfor the determination.
(2) If the Contracting Officer determines that a violation of the rules or statutes has occurred in acase where a contract has not been awarded, he or she shall inform the protesting person and otherinterested persons by letter that sets forth the reasons for the determination and the appropriate remedialaction.
(3) If the Contracting Officer determines that a violation of the rules or statutes has occurred in acase 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 or interested
persons may request reconsideration of the Contracting Officer's determination to be made 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 the date the Contracting Officer's letter is hand-delivered,delivered by a nationally recognized courier service, or mailed by certified or registered mail. The request
shall be limited to review of 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 thatsuch copies 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 in response toa request for reconsideration shall be the final administrative action of the Board.

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SC-7 of 18(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 orprocedures, 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 aspart of a solicitation, evaluation, and/or award of a contract shall be retained by the Board for a period offour 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 in controversy bymutual agreement at the Contracting Officer’s level. Reasonable efforts should be made to resolve
controversies prior to the submission of a claim. Use of ADR procedures to the maximum extent practicable isencouraged.
(b) Initiation of a claim. (1) Contractor claims shall be submitted, in writing, to the Contracting Officer for adecision no later than the 180th day after accrual of a claim. The claim must state with particularity the natureof 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 the date of receipt of any submission from theContractor deemed to be a claim by the Contracting Officer. The Contracting Officer must assert, in a writingdelivered 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 the claim. This time
period shall not apply to a Contracting Local Organization claim based on a Contractor claim involving fraud.
(c) Contractor certification. Contractor shall provide the certification specified below when submitting 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 andcomplete to the best of my knowledge and belief; that the amount requested accuratelyreflects the contract adjustment for which the Contractor believes the Contracting Local
Organization is liable; and that I am duly authorized to certify the claim on behalf of theContractor.”(d) The Contracting Local Organization shall pay interest on a Contractor’s claim on the amount found 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 the date of payment. If a claim has adefective certification, interest shall be paid from the date that the Contracting Local Organization receives aproper 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 andexpeditious 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 incontroversy, and(5) Certification by the Contractor in accordance with Article 11.1(c) when using ADR procedures toresolve all or part of a claim.
(b) If either party rejects a request for ADR from the other party, the rejecting party shall inform the otherparty 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 to resolve the issue
in controversy. If a claim has been submitted, ADR procedures may be applied to all or a portion of the claim.

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When ADR procedures are used subsequent to the issuance of a Contracting 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 in controversy using
the procedures chosen by the parties.
(e) The rights of Contracting Local Organization and Contractor to exercise such rights or remedies as
either party may otherwise have under the contract or by laws or regulations in respect of any claims, disputes,
and other issues in controversy are not affected by action taken under this Article.
(f) ADR procedures must be consistent with Chapter 154, Texas Civil Practice and Remedies Code, andChapter 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 theContracting Local Organization or the Contractor and permit assertion of the claim, were known or should havebeen known. For liability to be fixed, some injury must have occurred. However, monetary damages need nothave been incurred.
(b) Alternative dispute resolution (ADR) means any procedure or combination of procedures voluntarily
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, minitrials, and arbitration.
(c) Claim as used in this Article means a written demand or written assertion by one of the contracting
parties seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation ofcontract terms, or other relief arising under or relating to the contract. A claim arising under a contract, unlikea claim relating to that contract, is a claim that can be resolved under a contract clause that provides for therelief sought by the claimant. However, a written demand or written assertion by the contractor seeking thepayment 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 a claim. The submission may be converted to a claim, by written notice to the Contracting Officer withintime limits in section 11.1(b) of this Article, if it is disputed either as to liability or amount or is not acted upon ina reasonable time.
(d) Defective certification as used in this Article means a certificate which alters or otherwise deviates fromthe language in this Article or which is not executed by a person duly authorized to bind the Contractor withrespect to the claim. Failure to certify shall not be deemed to be a defective 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 the matter 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 a mediator, factfinder, or arbitrator, or otherwise functions to assist the parties to resolve the issues in controversy. A neutral
person may be a permanent or temporary officer or employee of the Contracting Local Organization, or theFederal government, or any other individual who is acceptable to the parties. A neutral person shall have no
official, financial, or personal conflict of interest 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” must possess the qualifications required under Section 154.052, Texas Civil Practice and Remedies
Code.
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, andliabilities, arising out of, connected with, or resulting from any acts or omissions of Contractor or any agent,employee, subcontractor, or supplier of Contractor in the execution of performance of this contract.

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ARTICLE 13 – PERFORMANCE AND PAYMENT BONDS
13.1 General(a) This contract requires performance and payment bonds as outlined in 13.2 below. Such bonds 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 of Award the bond forms to beused.
(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 the contract.
“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 the contract priceis increased. The increase in protection shall generally equal 100 percent of the increase in contract price.
(iii) The Government may secure additional protection by directing the Contractor to increase thepenal 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 the contract priceis increased. The increase in protection shall generally equal 100 percent of the increase in contract price.
(iii) The Government may secure additional protection by directing the Contractor to increase thepenal 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 and admitted towrite surety bonds in the State of Texas.
(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 in excess of $1,000,000 from a reinsurerthat is an authorized reinsurer in the State of Texas or is a holder of a certificate of authority from the UnitedStates 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 astatement 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 by calling 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 or termination; rates of pay or other forms of compensation; and selection for

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training, including apprenticeship. The Contractor agrees to post in conspicuous places, available toemployees and applicants 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 theContractor, 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 acollective bargaining agreement or other contract or understanding, a notice to be provided advising the saidlabor 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 and applicants 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 agency and the Secretaryof Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the Contractor’s noncompliance with the nondiscrimination clause of this contract or withany 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 for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive OrderNo. 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) clause in every
subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary 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, oris threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering
agency the Contractor may request the United States to enter into such litigation to protect the interests of theUnited States.
ARTICLE 15 – NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS(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 the provisionsof the Equal Opportunity clause will be required to forward the following notice to prospective subcontractors
for supplies and construction contracts where the subcontracts and are not exempt from the provisions of theEqual 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 theaward of a subcontract which is not exempt from the provisions of the Equal 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 not exempt from theprovisions of the Equal Opportunity clause.

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Certification of Nonsegregated Facilities[Applicable to federally assisted construction contracts and related subcontracts not exempt
from the 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
their employees to perform services at any location, under their control, where segregatedfacilities are maintained. The federally assisted construction Contractor certifies further thatthey will not maintain or provide for their employees any segregated facilities at any of theirestablishments, 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 eatingareas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking
fountains, recreation or entertainment areas, transportation, and housing facilities provided for
employees which are segregated by explicit directive or are in fact segregated on the basis ofrace, 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 from proposed subcontractors
prior to the award of subcontracts which are not exempt from the provisions of the Equal
Opportunity clause, and that they will retain such certifications 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 OPPORTUNITY CONSTRUCTIONCONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)(1) As used in these specifications:(a) “Covered area” means the geographical area described in the solicitation from which this contract
resulted.
(b) “Director” means Director, Office of Federal Contract Act Compliance Program, United States
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 Americanor 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 anyof the original 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 ofthese 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 be in accordance with that Planfor those trades which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to comply with its obligations under the
EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an
approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts toachieve the Plan goals and timetables.

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SC-12 of 18(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 this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female utilizationthat the Contractor should reasonably be able to achieve in each construction trade in which it has employees
in the covered area. Covered construction contractors performing construction work in geographical areas
where they do not have a Federal or Federally assisted construction contract shall apply the minority andfemale goals established for the geographic area where the work is being performed. Goals are publishedperiodically in the Federal 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 the period specified.
Notice for IFB No. PCCD-24-LPCW28Rehab-01(a) Covered Area is Caldwell County, Texas.
(b) Goal for Female Participation: 6.9 percent (all trades)(c)

Goal for Minority Participation: 24.2 percent (all trades)(d) Goals are expressed in percentage terms for the Contractor’s aggregate workforce in each trade on
all construction work in the covered area.
(5) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom theContractor has a collective bargaining agreement, to refer either minorities or women shall excuse theContractor’s obligations under the specifications, Executive Order 11246, or the regulations promulgatedpursuant thereto.
(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 theContractor must have made a commitment to employ the apprentices and trainees at the completion of theirtraining, 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 specificallyensure that all foremen, superintendents, and other on-site supervisory personnel are aware of andcarry out the Contractor’s obligation to maintain such a working environment, with specific attention tominority 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 theContractor or its unions have employment opportunities available, and maintain a record of theorganizations’ responses.
(c) Maintain a current file of the names, addresses and telephone numbers of each minority and female
off-the-street applicant and minority or female referral from a union, a recruitment source or community
organization and of what action was taken with respect to each such individual. If such individual wassent to the union hiring hall for referral and was not referred back to the Contractor by the union, or, if
referred, not employed by the Contractor, this shall be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken.
(d) Provide immediate written notification to the Director when the union or unions with which theContractor has a collective bargaining agreement has not referred to the Contractor a minority person
or woman sent by the Contractor; or, when the Contractor has other information that the union referral
process had impeded the Contractor’s efforts to meet its obligations.
(e) Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship andtrainee programs relevant to the Contractor’s employment needs, especially those programs fundedIFB No. PCCD-24-LPCW28Rehab-01

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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 and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and collective bargaining agreement; by publicizing it in thecompany newspaper, annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at least once a year; and by posting thecompany EEO policy on bulletin boards accessible to all employees at each location whereconstruction work is performed.
(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 of these items with on-site supervisorypersonnel such as Superintendents, General Foremen, etc., prior to the initiation of construction workat any job site. A written record shall be made and maintained identifying the time and place of thesemeetings, persons attending, subject matter discussed, and disposition of the subject matter.
(h) Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to anddiscussing the Contractor’s EEO policy with other contractors and subcontractors with whom theContractor does or anticipates doing business.
(i) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations,to schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor’s recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of the applications for apprenticeship or other training by
any recruitment sources the Contractor shall send written notification, to organizations such as theabove, 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 and women and,
where reasonable, provide after school, summer and vacation employment to minority and female
youth both on the site and in other areas of a Contractor’s workforce.
(k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFRPart 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, throughappropriate training, etc., such opportunities.
(m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices
do not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor’s obligations under these specifications arebeing carried out.
(n) Ensure that all facilities and company activities are nonsegregated except that separate or single-user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
(p) Conduct a review, at least annually, of all supervisors’ adherence to and performance under theContractor’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 a contractor association, joint
contractor-union, contractor-community, or other similar group of which the Contractor is a member andparticipant, may be asserted as fulfilling any one or more of its obligations under paragraphs (7)(a) through(7)(p) of the specifications, provided that the Contractor actively participates in the group, makes every effort
to assure that the group has a positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female
workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide
access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shallnot be a defense for the Contractor’s noncompliance.

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SC-14 of 18(9) A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor
may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally, the Contractor may bein 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 to discriminate 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 theEqual Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may
be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions andpenalties shall be in violation of these specifications and Executive Order 11246, as amended.
(13) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so
as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails
to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8.
(14) The Contractor shall designate a responsible official to monitor all employment related activity to ensurethat the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may berequired 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 whenassigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer),
dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which
the work was performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, Contractors shall not be required tomaintain separate 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 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 COVERED TRANSACTIONS[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) of $25,000 and more 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 thecertification set out below.
(2) The certification in this clause is a material representation of fact upon which reliance was placedwhen 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 the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its certification waserroneous when submitted or had become erroneous by reason of changed circumstances.

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SC-15 of 18(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 proposedcovered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with aperson 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 and Voluntary Exclusion—Lower
Tier Covered Transactions,” without modification, in all lower tier covered transactions of $25,000 or more andin all solicitations for lower tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective participant in alower tier covered transaction that it is not proposed for debarment under 48 CFR part 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 the method 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 system ofrecords in order to render in good faith the certification required by this clause. The knowledge and informationof a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
(9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in acovered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to other remedies available to the Federal Government, thedepartment 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, thatneither 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 thestatements in this certification, such prospective participant shall attach an explanation to thisoffer.
NOTE: Penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

ARTICLE 17A – TEXAS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONSContractor shall not subcontract to perform work under this contract with any firm that is presently on the Stateof Texas debarred vendor list maintained by the Texas Comptroller of Public Accounts.

ARTICLE 18 – CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS, AND COOPERATIVE AGREEMENTS[Applicable to all subcontracts to a prime contract 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 the following
certification shall be included in the award documents for all subcontracts at all tiers and that all subcontractors
shall certify and disclose accordingly:

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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 theundersigned, to any person for influencing or attempting to influence an officer or employee ofan agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of any agency, aMember of Congress, an officer or employee of Congress, or an employee of a Member ofCongress in connection with this Federal contract, grant, loan, or cooperative agreement, theundersigned 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 subcontracts, subgrants, andcontracts under grants, loans, and cooperative agreements) and that all subrecipients shallcertify and disclose accordingly.
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 formaking 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 lessthan $10,000 and not more than $100,000 for each such failure.
ARTICLE 19 – CLEAN AIR AND WATER CLAUSE / CERTIFICATION[Applicable to all contracts that exceed $150,000 and to all subcontracts to prime contracts 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 (42 U.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 signingof this contract by the Contracting Local Organization.
(2) That no portion of the work required by this contract will be performed in a facility listed on theEnvironmental Protection Agency List of Violating Facilities on the date when this contract was signed by theContracting Local Organization unless and until the EPA eliminates the name of such facility or facilities fromsuch 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 thissubparagraph (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., as amended by
Public Law 91-604).
(2) The term “Water Act” means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 etseq., 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, orotherwise 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

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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 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 by a local government to ensure compliancewith 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. Compliance shall alsomean compliance with the scheduled or plan ordered or approved by a court of competent jurisdiction, theEnvironmental 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 other floating
craft, location or site of operations, owned, leased or supervised by a sponsor, to be utilized in the performanceof 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 arecollated 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 theabove Clean Air and Water Clause) shall be included in every nonexempt subcontract and all subcontractors
shall certify accordingly:
Clean Air and Water Certification[Applicable to all subcontracts to a prime contract that exceeds $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 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 under consideration 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 to performing any work on
the project, a “Subcontractor Certification” statement regarding the Texas Pollutant Discharge Elimination
System (TPDES) permit. Each subcontractor shall certify as follows:
I certify under penalty of law that I understand the terms and conditions of the general Texas
Pollutant Discharge Elimination System (TPDES) permit that authorizes the storm water discharges
associated with industrial activity from the construction identified as part of this certification.
The certification shall include the subcontractor’s firm, address, phone number, date of certification,and signature/title of person making such certification.

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PART VI - Divider SheetPART VI

PREVAILING WAGE RATESDETERMINATIONPer PART III – Supplemental Conditions
Article 8 – Wages / Benefits

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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 Caldwell County, Texas)

Occupation

Rate

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

Electrician

Occupation

Rate

POWER EQUIPMENT OPERATOR
Front End Loader, 3 CY or less$13.04

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

9.45

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