ESBD_File_332123_Attachments.pdf

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Attached to
Refurbish Water Tower
Solicitation number
696-FD-24-B001
Issued by
Kaufman County, Texarkana City, Texas

About this file

This document contains attachments related to a state and local contract opportunity from the Texas Department of Criminal Justice (TDCJ) Facilities Division. The project involves refurbishing a water tower at the Terrell Unit water treatment plant, including sandblasting and recoating the interior and exterior. The contract requires adherence to TDCJ's Standards of Conduct, tool control procedures, and prevailing wage schedules. The contract also includes performance and payment bonds, and procedures for substitution requests. The contract term and renewal options are not specified.

The document outlines contractor qualifications, including financial information, personnel, equipment, and completed/current projects. It also includes a background questionnaire for non-employee access to TDCJ facilities, which covers criminal history, offender relationships, and gang affiliations. Pricing terms, set-asides, incumbent contractors, and funding sources are not provided.

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696-FD-24-B001

ATTACHMENTS

ATTACHMENT NO. 1

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

FACILITIES DIVISION

STANDARDS OF CONDUCT FOR CIVILIAN

CONSTRUCTION CONTRACTORS EMPLOYEES

I. SECURITY MEASURES

A. GENERAL SECURITY MEASURES

No person working for or otherwise connected with the Contractor (his agents, subcontractors or their employees) shall be allowed to bring onto the owner's (state) property firearms, alcoholic beverages, drugs, or any other controlled substances with the exception of prescription medication. No such person shall cross any fences, except those fences designated to allow egress and ingress to the construction site. All vehicles shall be kept locked with windows up while on the owner's property.

Contractors' employees shall avoid all contact with inmates, no employee shall converse with or otherwise communicate with any inmate. In addition to the usual civil and/or criminal penalties for violations of the above regulations, the owner reserves the right to refuse further entry to the job site to any individual who has violated the above restrictions. Further, the Owner reserves the right to immediately remove from the jobsite any individual who has violated the above restrictions.

II. EXPECTATIONS OF CONTRACTORS AND SUBS

A. ALL CONTRACTORS, SUBS, AND THEIR EMPLOYEES WILL:

1. Read and sign the Texas Department of Criminal Justice, Facilities Division, Standards of Conduct for Civilian Contractor Employees.

2. Refrain from bringing firearms, ammunition, controlled substances (with the exception of prescription drugs) or any other contraband items on the property of the Texas Department of Criminal Justice (I.D.). This includes in the personal vehicles of the on-site workers.

3. Vehicles will remain locked at all times when operator is absent.

4. There shall be no contact with any inmates in the TDCJ facilities except those which may be assigned to assist on an individual institutional project.

5. Approved visitors of inmates will not be allowed to work on any project that involves the unit where the visited inmate resides.

6. Vehicles are subject to search at anytime while on State Prison property.

B. GENERAL SECURITY FOR TOOL CONTROL:

1. All tools in tool boxes are to be inventoried with the total number of tools in each box plainly marked on the outside of the box.

2. Copies of tool inventories are to be filed with the entrance gate officer, the Owner's

Designated Representative and the contractor's project superintendent. Any changes to an individual's tool box inventory should be immediately noted on all inventory sheets.

3. Tools should be cross-checked against the number on the tool box upon entry and exit from the facility.

4. Class "A" tools should receive special handling. When tools are not in use, they shall be kept and locked under key in a secure area and if possible rendered inoperable. Class "A" tools include, but are not limited to, tools most likely to be used in an escape attempt or do bodily harm. These generally include hacksaw blades, files, pipe wrenches, ladders, acetylene cutting tips, pipe and bolt cutters, etc.

5. At no time are Class "A" tools to be left unattended and when in use, the on-site TDCJ security officer will be notified.

6. Generators, ladders and acetylene cutters all must be secured at the end of each workday.

7. Emery wheels will be locked and rendered inoperable when not in use unless stored outside of the secure perimeter.

8. When a Class "A" tool is lost, the Assistant Warden for security or Warden shall be immediately notified.

a. Any inmates who may have had access to the area will be held until a thorough search is made.

b. A written report will be made covering the details of the loss.

9. All hazardous and poisonous chemicals, not in use, are to be stored in a locked tool trailer or other secure area. An inventory shall be maintained and direct supervision provided when the items are used at the work site. Upon completion of the project, the Contractor will be responsible for the removal of all hazardous materials and all hazardous waste generated under his control.

I have received a copy of the "STANDARDS OF CONDUCT FOR CIVILIAN CONSTRUCTION CONTRACTORS EMPLOYEES" issued by the Texas Department of Criminal Justice.

I have read, understand and will comply with this policy.

SIGNATURE SOCIAL SECURITY #

DRIVERS LICENSE # STATE

COMPANY DATE

NAME

ADDRESS

CITY STATE ZIP

WITNESS

COMPANY

DATE

ATTACHMENT NO. 2

TEXAS STATUTORY PAYMENT BOND

CHAPTER 2253 THE GOVERNMENT CODE AS AMENDED

(PUBLIC WORKS)

STATE OF TEXAS

COUNTY OF :

KNOW ALL MEN BY THESE PRESENTS:

That we, as Principal, and as Surety are hereby held and firmly bound unto the State of Texas in the penal sum of Dollars ($ ) for the payment whereof, the said Principal and Surety Bond themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these Presents.

The conditions of this obligation are such that whereas the Principal entered into a certain Contract, hereto attached, and made a part hereof with the State of Texas, acting by and through the Texas Department of Criminal Justice, dated for the .

NOW, THEREFORE, the conditions of this obligation are such that, if the Principal shall promptly make payments to all claimants as defined in Chapter 2253 The Government Code, as amended and recodified, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

This bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the Bond as provided in Chapter 2253 The Government Code, as amended and recodified.

In WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

SEAL:

ATTEST: SURETY’S AGENT:

COMPANY NAME

PRINCIPAL ADDRESS

BY: CITY, STATE, ZIP CODE

SURETY TELEPHONE:

BY:

ATTACHMENT NO. 3

TEXAS STATUTORY PERFORMANCE BOND

CHAPTER 2253 GOVERNMENT CODE AS AMENDED

(PUBLIC WORKS)

STATE OF TEXAS:

COUNTY OF :

LET IT BE KNOWN BY THIS INSTRUMENT:

That we, , as Principal and we, , a Corporation duly authorized to do business in this State, as Surety(s), are this date held and firmly bound unto the State of Texas in the amount of Dollars ($ ) for the payment of which indemnity the said Principal and Surety, by this declaration, do firmly bind themselves, their heirs, executors, administrators, successors and assigns, jointly and individually.

Since a Contract, which by reference is made a part hereof, exists between the Principal and the State of Texas, acting by and through the Texas Department of Criminal Justice, and dated for the conditions of this obligation are, therefore, such that it shall remain in full force and effect unless and until the Principal shall faithfully perform the Contract in accordance with the Contract Documents.

In the event of Principal's failure, as defined by the Contract Documents, to faithfully perform the Contract, Surety(s) will within fifteen (15) days of determination of default, assume full responsibility for completion of said Contract and become entitled to payment of the balance of the Contract amount, or the Surety shall make other arrangements satisfactory with the Texas Department of Criminal Justice for the completion of the defaulted work but in no event shall the Surety's liability exceed the penalty of this bond.

The liabilities, rights, limitations and remedies concerning this Bond shall be determined in accordance with the provisions of Chapter 2253 The Government Code, as amended and recodified, pursuant to which this Bond is executed.

IN WITNESS TO THIS DECLARATION, the said Principal and Surety(s) have signed and sealed this instrument this day of , 20 .

PRINCIPAL SURETY

By By

Bond Identification No.

Address of Attorney-in-fact

(Use of this form for the purposes indicated has been approved by the Attorney General of Texas)

ATTACHMENT NO. 4

PREVAILING WAGE SCHEDULE

(Outside Five Foot Perimeter of Building)

"General Decision Number: TX20230032 01/27/2023

Superseded General Decision Number: TX20220032

State: Texas

Construction Type: Heavy

County: Brazoria County in Texas.

HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control)

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).

If the contract is entered Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract.

renewed or extended (e.g., an The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023.

If the contract was awarded on Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract.

contract is not renewed or The contractor must pay all extended on or after January covered workers at least 30, 2022: $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2023.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/06/2023 1 01/27/2023

* SFTX0669-001 01/01/2023

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 33.11 23.30

* SUTX2005-018 05/18/2005

Rates Fringes Carpenter..................................................................$ 14.38 ** 0.00

CEMENT MASON/CONCRETE FINISHER………...$ 11.37 ** 1.13

ELECTRICIAN..........................................................$ 18.40 1.34

Formbuilder/Formsetter............................................$ 9.83 ** 1.69

IRONWORKER, REINFORCING.............................$ 11.29 ** 0.00

Laborers:

Common..............................................................$ 8.99 ** 1.25 Landscape...........................................................$ 7.35 ** 0.00 Mason Tender Cement……………………...........$ 9.96 ** 0.00 Pipelayer.............................................................$ 9.63 ** 1.50

PIPEFITTER............................................................$ 17.00 0.04

POWER EQUIPMENT OPERATOR:

Backhoe............................................................$ 12.74 ** 0.00 Bulldozer...........................................................$ 12.46 ** 0.00 Crane................................................................$ 11.00 ** 0.74 Excavator..........................................................$ 16.74 0.00 Front End Loader..............................................$ 10.47 ** 1.28 Grader...............................................................$ 12.20 ** 1.48 Tractor...............................................................$ 11.29 ** 1.45

TRUCK DRIVER.....................................................$ 14.42 ** 1.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all http://www.dol.gov/whd/govcontracts contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198.

The next number, 005 in the example, is an internal number used in processing the wage determination.

07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE:

UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that https://www.dol.gov/agencies/whd/government-contracts identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.)

should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

ATTACHMENT NO. 5

PREVAILING WAGE SCHEDULE

(Buildings to five feet beyond building line)

"General Decision Number: TX20230233 05/05/2023

Superseded General Decision Number: TX20220233

State: Texas

Construction Type: Building

County: Brazoria County in Texas.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories).

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive

Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon

Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at

29 CFR 5.1(a)(2)-(60).

If the contract is entered Executive Order 14026 generally applies to the into on or after January 30, contract.

2022, or the contract is The contractor must pay all covered workers at least renewed or extended (e.g., an $16.20 per hour ( or the applicable wage rate listed on option is exercised) on or wage determination, if it is higher) for all hours spent after January 30, 2022: performing on the contract in 2023

If the contract was awarded on Executive Order 13658 generally applies to the or between January 1, 2015 and contract

January 29, 2022, and the The contractor must pay all covered workers at least contract is not renewed or covered workers at least $12.15 per hour (or the applicable extended on or after January wage rate listed on this wage determination if it is higher) for

30, 2022: all hours spent preforming on that contract in 2023.

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request.

Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/06/2023

1 01/13/2023

2 03/17/2023

3 05/05/2023

ASBE0022-009 06/01/2022

Rates Fringes

ASBESTOS WORKER/HEAT & FROST INSULATOR

(Duct, Pipe and Mechanical System Insulation)……………………………...$ 26.88 15.41

BOIL0074-003 01/01/2021

BOILERMAKER..........................................................................................$ 29.47 24.10

CARP0551-009 04/01/2021

CARPENTER

(Excludes Drywall Hanging, Form Work, and Metal Stud Installation)...........$ 25.86 9.08

ELEC0716-005 08/30/2021

ELECTRICIAN

(Excludes Low Voltage Wiring and Installation of Alarms)...............................$ 33.20 10.37

ELEV0031-003 01/01/2023

ELEVATOR MECHANIC.................................................................................$ 49.15 37.335+a+b

FOOTNOTES:

A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked.

B. Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after

Thanksgiving Day; Christmas Day; and Veterans Day.

ENGI0450-002 04/01/2014

POWER EQUIPMENT OPERATOR Cranes......................$ 34.85 9.85

IRON0084-011 06/01/2022

IRONWORKER, ORNAMENTAL....................................................................$ 26.76 7.88

IRON0135-002 09/01/2022

IRONWORKER, STRUCTURAL......................................................................$ 34.35 14.44

PLUM0068-002 10/01/2022

Rates Fringes

PLUMBER…………………………………………………………........................$ 37.83 11.71

* PLUM0211-010 10/01/2022

PIPEFITTER (Including HVAC Pipe Installation).............................................$ 38.03 12.66

SHEE0054-003 04/01/2020

Rates Fringes

SHEET METAL WORKER (Excludes HVAC Duct and Unit Installation)............$ 29.70 13.85

* SUTX2014-008 07/21/2014

ACOUSTICAL CEILING MECHANIC………………………………….……….....$ 16.41 3.98

BRICKLAYER....................................................................................................$ 19.86 0.00

CAULKER..........................................................................................................$ 15.36 ** 0.00

CEMENT MASON/CONCRETE FINISHER……………………………………....$ 13.33 ** 0.00

DRYWALL FINISHER/TAPER...........................................................................$ 16.30 3.71

DRYWALL HANGER AND METAL STUD INSTALLER.....................................$ 17.45 3.96

ELECTRICIAN (Alarm Installation Only).............................................................$ 17.97 3.37

ELECTRICIAN (Low Voltage Wiring Only)..........................................................$ 18.00 1.68

FLOOR LAYER: Carpet......................................................................................$ 20.00 0.00

FORM WORKER.................................................................................................$ 12.57 ** 0.00

GLAZIER..............................................................................................................$ 19.12 4.41

INSULATOR - BATT............................................................................................$ 14.87 ** 0.73

IRONWORKER, REINFORCING.........................................................................$ 12.10 ** 0.00

LABORER: Common or General…………………………………………………....$ 10.55 ** 0.00

LABORER: Mason Tender – Brick……………………………………………….....$ 13.37 ** 0.00

LABORER: Mason Tender - Cement/Concrete.................................................$ 10.86 ** 0.00

LABORER: Pipelayer...........................................................................................$ 12.94 ** 0.00

LABORER: Roof Tearoff.......................................................................................$ 11.28 ** 0.00

LABORER: Landscape and Irrigation.....................................................................$ 9.49 ** 0.00

LATHER..................................................................................................................$ 19.73 0.00

OPERATOR: Backhoe/Excavator/Trackhoe……………………………………….....$ 15.56 ** 0.00

OPERATOR: Bobcat/Skid Steer/Skid Loader........................................................$ 13.93 ** 0.00

OPERATOR: Bulldozer………………………………………………………...............$ 20.77 0.00

OPERATOR: Drill...................................................................................................$ 16.22 0.34

OPERATOR: Forklift..............................................................................................$ 15.64 ** 0.00

OPERATOR: Grader/Blade....................................................................................$ 13.37 ** 0.00

OPERATOR: Loader...............................................................................................$ 13.55 ** 0.94

OPERATOR: Mechanic...........................................................................................$ 17.52 3.33

OPERATOR: Paver (Asphalt, Aggregate, and Concrete)......................................$ 16.03 ** 0.00

OPERATOR: Roller................................................................................................$ 16.00 ** 0.00

PAINTER (Brush, Roller and Spray), Excludes Drywall Finishing/Taping...............$ 16.77 4.51

ROOFER..................................................................................................................$ 15.40 ** 0.00

SHEET METAL WORKER (HVAC Duct Installation Only)......................................$ 20.05 4.19

SHEET METAL WORKER (HVAC Unit Installation Only).......................................$ 19.67 2.24

SPRINKLER FITTER (Fire Sprinklers)....................................................................$ 22.17 9.70

TILE FINISHER.......................................................................................................$ 12.00 ** 0.00

TILE SETTER.........................................................................................................$ 16.17 ** 0.00

TRUCK DRIVER: 1/Single Axle Truck……………………………...........................$ 14.95 ** 5.23

TRUCK DRIVER: Dump Truck..............................................................................$ 12.39 ** 1.18

TRUCK DRIVER: Flatbed Truck............................................................................$ 19.65 8.57

TRUCK DRIVER: Semi-Trailer Truck.....................................................................$ 12.50 ** 0.00

TRUCK DRIVER: Water Truck...............................................................................$ 12.00 ** 4.11

WATERPROOFER..................................................................................................$ 14.39 ** 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026

($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after

January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.

Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than

""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers https://www.dol.gov/agencies/whd/government-contracts

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of

Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-

OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state.

The next number, 0010 in the example, is an internal number used in producing the wage determination.

08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the format process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Write to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information

(wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the

Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION"

ATTACHMENT NO. 6

SUBSTITUTION REQUEST - BIDDING PHASE

PROJECT: PROJECT NO.:

TO: (ARCHITECT) FROM: (BIDDER)

HEREBY REQUESTS ACCEPTANCE OF THE FOLLOWING PRODUCT OR SYSTEMS AS A

SUBSTITUTION IN ACCORD WITH PROVISIONS OF THE BIDDING DOCUMENTS:

1. SPECIFIED PRODUCT OR SYSTEM:

Substitution request for (Generic Description):

Specification Section No. Article(s) Para.(s)

2. SUPPORTING DATA:

Product data for proposed substitution is attached (description of product, reference standards, performance and test data).

Sample is attached Sample will be sent if requested

3. QUALITY COMPARISON:

SPECIFIED PRODUCT SUBSTITUTION

Name, brand:

Catalog No.:

Manufacturer:

Vendor:

Significant variations

Maintenance Service Available: yes no

Spare Parts Source:

4. PREVIOUS INSTALLATIONS:

Identification of similar projects on which proposed substitution was used: (Attach list) Project: Architect:

Address: Owner:

Date Installed:

5. REASON FOR NOT GIVING PRIORITY TO SPECIFIED ITEMS:

6. EFFECT OF SUBSTITUTION:

Proposed substitution affects other parts of Work: No Yes (If yes, explain)

Substitution requires dimensional revision or redesign of structure or M & E Work:

No Yes (If yes, attach complete data.)

7. BIDDER'S/SUPPLIER'S STATEMENT OF CONFORMANCE OF PROPOSED SUBSTITUTION TO

CONTRACT REQUIREMENT:

I/we have investigated the proposed substitution. I/we:

• believe that it is equal or superior in all respects to specified product, except as stated above; and

• will provide the same warranty as specified for specified product; and

• have included complete implications of the substitution; and

• will pay redesign and other costs caused by the substitution which subsequently become apparent; and

• will pay costs to modify other parts of the Work as may be needed, to make all parts of the Work complete and functioning resulting from the substitution.

• warrant and represent to the Owner and the Architect that the proposed substitution does not infringe on any patents or other rights held by others, or that a license has been or will be obtained timely from the holders of such rights for the use of the substitute as proposed; and acknowledge that by accepting this substitution neither the Architect nor the Owner makes any warranty or representation to the Contractor or any Subcontractor regarding the existence or potential for such infringement.

Bidder/Supplier: Date:

By:

Answer all questions and complete all blanks - use "NA" if not applicable.

REVIEW AND ACTION:

Resubmit substitution request:

Provide more information in following categories:

Sign Bidder's/Supplier's Statement of Conformance.

Substitution is accepted.

Substitution is accepted, with the following comments:

Substitution not accepted.

No action taken. Substitution Request received less than time set forth in Section L.7.

Architect's Signature Date

ATTACHMENT NO. 7

SUBSTITUTION REQUEST - AFTER EXECUTION OF CONTRACT

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Copies will be provided to the successful bidder after the bid opening or after award as applicable and will be made available upon request.

ATTACHMENT NO. 8

FACILITIES DIVISION

CONTRACTOR'S QUALIFICATIONS

Name of Firm

( ) Corporation ( ) Partnership ( ) Proprietorship

Address

City State Zip Code

Telephone No. FAX No. .

How long has company been in business under this name? year(s).

Parent Company

Owners and/or Partners

Name Percentage of Ownership

Affiliates, Divisions & Subsidiaries (add sheets as required)

Name

Telephone FAX No.

Email

FOR CORPORATION ONLY

Date of Incorporation Name of State(s) in which incorporated

If not incorporated in Texas: Give Certificate Certificate # & Date of Authority to do business in Texas

President's Name Vice President's Name

Secretary's Name Treasurer's Name

FOR PARTNERSHIP ONLY

Is the Partnership :

Date of Organization General Limited Association

Names and addresses of all partners (include zip codes). Use additional sheet if necessary.

1.

2.

3.

FINANCIAL CONDITION

Dun & Bradstreet Rating and I.D. code

MAXIMUM BONDING CAPACITY:

Individual Project Bonding Company with mailing address, zip code and telephone number

Aggregate Bonding Company with mailing address, zip code and telephone number

Attach statement of Financial Condition, including Contractor's latest regular dated financial statement or balance sheet which must contain the following items:

CURRENT ASSETS: (Cash, joint venture accounts, accounts receivable, accrued interest on notes, deposits and materials and prepaid expenses), net fixed assets and other assets.

CURRENT LIABILITIES: (Accounts payable, notes payable, accrued interest on notes, provision for income taxes, advances received from owners, accrued salaries, accrued payroll taxes), other liabilities and capital, (capital stock, authorized and outstanding shares par values, earned surplus).

Date of Statement or Balance Sheet Name & address with zip code

Bank Reference:

Officer's Names/Titles

Name, Telephone Number/EMAIL Of Contact

Finance/Credit Reference

Institution Name

What is largest contract you have financed (if applicable) U.S. $

What is largest contract you have arranged financing for (if applicable) U.S. $

Business Volume

Average annual billable volume during the past five years U.S. $ Estimated billable volume this year: U.S. $ Estimated volume carryover next year: U.S. $

Contract Values

Preferred Contract Value: 50,000.00 (and under)

(in U.S. Dollars) 50,000.00 - 100,000.00 100,000.00 - 300,000.00 300,000.00 - 500,000.00 500,000.00 - 1,000,000.00 1,000,000.00 - 5,000,000.00 5,000,000.00 - 10,000,000.00 10,000,000.00 - 50,000,000.00 50,000,000.00 - 100,000,000.00

100,000,000.00 (and over)

Maximum contract value that can be handled effectively:

U. S. $ over months.

GENERAL INFORMATION

Percent (%) of work done by own staff

No. years in business If you have done business under different name, please give name and address.

Has firm ever failed to complete project or defaulted on a contract?

If so, state where and why.

Has firm ever been engaged in litigation over any contract? If so, explain.

PERSONNEL

Total permanent employees:

Construction Administration Engineering

Type of engineering performed:

Highest manpower level in past three years:

Lowest manpower level in past three years:

Proposed organization for the execution of the work; listing all personnel committed to participate in the execution of the work, including their previous experience and positions held in previous jobs as well as in bidder's organization. (List on separate sheet using above format)

Name Present Position Years of Typical Type of Work or Office Experience Amount Responsible for

EQUIPMENT

List the major equipment, type and quantity proposed for the execution of the work.

Name of Firm (Contractor)

Signature of Owner or Officer

Title of Person Signing

CURRENT PROJECTS

List the major construction projects your organization has underway on this date:

PROJECT OWNER PHONE NO. ARCH./ENGR. PHONE NO. CONTRACT

AMOUNT

PERCENT

COMPLETE

SCHEDULED

COMPLETION

COMPLETED PROJECTS

List the major construction projects your organization has completed in the past five years:

PROJECT OWNER PHONE NO. ARCH./ENGR. PHONE NO. CONTRACT

AMOUNT

PERCENT

COMPLETE

SCHEDULED

COMPLETION

ATTACHMENT NO. 9

Texas Department of Criminal Justice

Non-Employee Background Questionnaire

This information is needed for the TDCJ to conduct a criminal history check to determine whether access to TDCJ units and departments should be approved. All questions shall be answered in full.

1. Name: 2. Social Security No.:

Last First Middle

(As it appears on your Social Security Card)

3. Mailing Address:

Street City State Zip

4. Date of Birth: 5. Place of Birth:

(MM/DD/YYYY) City State

6. Driver License No.: State: 7. Phone No.: ( )

8. Other names used (maiden, alias, nicknames):

9. Sex: Male Female 10. E-mail Address:

11. Ethnic Origin: White Black

Hispanic Asian/Pac. Islander

Am. Ind/Alaskan Other

12a. Have you previously been employed by the TDCJ or worked in a TDCJ facility on a contract basis? Yes No

If yes, give unit(s)/department(s), position(s) held, and dates:

12b.

Have you engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution?

Yes No

12c. Have you been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse? Yes No

12d. Have you been civilly or administratively adjudicated to have engaged in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse? Yes No

12e. Have you been involved in any substantiated incidents of sexual harassment? Yes No

If yes, please explain:

13. Are you related to any employee or contract employee of the TDCJ? Yes No Unknown

If yes, list name, relationship, and unit/department of assignment:

14a. Are you or any immediate member of your family (to include, but not limited to parent, brother, sister, spouse, or child) related to a current or former TDCJ offender (incarcerated or on parole)? Yes No Unknown

If yes, provide the name of the offender(s):

14b. Are you now or have you ever been involved in a spousal relationship with a current or former TDCJ offender (incarcerated or on parole)?

This includes marriage, common-law marriage, lived together, or had a child together. Yes No

If yes, provide the name of the offender(s):

14c. Do you have a current business partnership or gang association with a current or former TDCJ offender (incarcerated or on parole)?

Yes No Unknown If yes, provide the name of the offender(s):

14d. Are you on a current TDCJ offender’s visitation list? Yes No If yes, provide the name of the offender(s):

14e. Have you corresponded in the last year with a current TDCJ offender? Yes No If yes, provide the name of the offender(s):

NOTE:

• If you answered yes to Question 14a, b, c, d, or e above, you are required to complete and submit a PERS 282A, Additional

Offender Information. The PERS 282A form is available from the TDCJ website at www.tdcj.texas.gov.

• If you have a personal relationship with an offender who is not a relative, be sure to read the “Offender Relationships” paragraph on Page

3 of this questionnaire.

(Continued on Page 2)

NOTE TO APPLICANT: With few exceptions, you are entitled upon request: (1) to be informed about the information the TDCJ collects about you; and

(2) under Texas Government Code §§ 552.021 and 552.023, to receive and review the collected information. Under Texas Government Code § 559.004, you are also entitled to request, in accordance with TDCJ procedures, that incorrect information the TDCJ has collected about you be corrected.

http://www.tdcj.texas.gov/

15. Do you have any criminal charges currently pending? Yes No

If yes, please explain:

16. Are you on parole or probation, deferred adjudication, or under a pre-trial diversion agreement? Yes No

If yes, please explain:

17.

Have you ever been convicted of a crime (misdemeanor or felony)?

Yes

No

If yes, list each one below.

Attach an additional page if necessary. Include those that may not appear on your record at this time.

Important: For purposes of contract employment with the TDCJ, convictions include sentenced to confinement, paid fine, time served, placed on probation (includes deferred adjudication), and court ordered restitution. See Falsification Policy on Page 3 of this questionnaire.

Date Felony or

Misdemeanor Offense Offense

Class City & State Punishment

DOCUMENT REQUIREMENTS: You are required to provide with this questionnaire a disposition for each criminal charge you reported in Questions 15, 16, and 17 above. A disposition is a statement of the charge, date, and the results of the case. If the charge was dismissed, the disposition shall state the reason for dismissal. Dispositions can normally be obtained from the clerk of the court having jurisdiction over the case.

18. Are you now or have you ever been a member of a street gang? Yes No

Are you now or have you ever been a member of or affiliated with an organization promoting racial, ethnic, or gender superiority or separation, independence from governmental laws and regulations, or overthrow of the United States Government?

Yes No

If you answered yes to either of these questions, provide the following information:

a. Name of the organization and dates of membership:

b. Position or positions you held in the organization:

c. Arrests and/or convictions resulting from your activities as a member:

19. Do you have any tattoos or markings on your body signifying membership or affiliation with a street gang or associated with organizations promoting racial, ethnic, or gender superiority or separation, independence from governmental laws and regulations, or overthrow of the United States Government? Yes No

If yes, provide a description and location of those tattoos or markings:

(Continued on Page 3)

IMPORTANT

Read the definition of conviction in Question 17. When answering questions 15 through 17, do not include: 1) any violation of law committed before your 17th birthday if the final decision was made in juvenile court or under a youth offender law; 2) any conviction whose record was expunged under federal or state law; 3) minor traffic violations. DWI, DUI, Open Container, and Driving While License Suspended are not minor traffic violations and shall be listed.

FALSIFICATION POLICY

It is important that contract employee applicants provide accurate information in this questionnaire. Failure to list any criminal conviction or other important information, such as prior employment with the TDCJ or offender relationships, is considered falsification of the questionnaire and results in disqualification for contract employment access to TDCJ facilities for one year.

As a criminal justice agency, it is very important for the TDCJ to know if an applicant has a criminal record. In most cases, a criminal record does not disqualify you from access to TDCJ facilities. However, falsification of the questionnaire always disqualifies you, regardless of how well qualified you are otherwise.

What convictions shall be listed? All convictions handled in adult court shall be listed, no matter when or where they occurred. In

Texas, if you are 17 years old or older, the case is always handled in adult court. If you are under 17, it still may be handled in adult court. As an exception, you are not required to list convictions for minor traffic violations. Examples of minor traffic violations are speeding, running stop signs, and no seat belts. Examples of crimes which are not minor traffic violations and shall be listed are DWI, DUI, Leaving the Scene of an Accident, Assault with a Motor Vehicle, Reckless Driving, Open Container, and Driving While License is Suspended. Convictions that have been expunged under state or federal law do not have to be listed. Expunged means a judge signed an order directing all agencies with a record of the arrest and conviction destroy those records (this is not the same as a deferred adjudication, explained below).

What is a conviction? For TDCJ purposes, a conviction is (a) a finding of guilt by judge or jury and the assessment of punishment, whether confinement or fines; (b) community supervision (probation), including deferred adjudication; (c) a juvenile adjudication of delinquent conduct if the juvenile records are not sealed; and (d) an equivalent disposition of an offense under the laws of another state, federal law, or Uniform Code of Military Justice. The term does not include a pretrial diversion, which is an agreement between the defendant and prosecutor and occurs before a judicial finding, although a judge may approve of the defendant participating in the program. Pardons or reprieves do not eliminate a conviction. If you have a case handled by deferred adjudication, it shall be listed in your application, regardless of whether you think it is still on record.

Military Convictions. Convictions by court martial for criminal offenses shall also be listed.

Failure to Appear. If you were convicted of a routine traffic violation or other offense and did not pay the ticket on time or failed to appear to court, you may have been charged with and convicted…

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