ST9602-CS 970519 (2) __ I U~N N I COBEMUS
From: Ivan Nicodemus
To: Atul Patel Date: 5119197 Time: 16:34:28 ,---, Page 1 o| 23
FAX
Parsons 170 1/%/, Ma/ k~t Street
BrinGkerhoff Suite 4 10
Dallas, TX 75202
214-747-6336
Fax.' 214-74 1-1937
to Atul Patel from Ivan Nicodemus
City0f C0ppell date May 19, !997
cc Allen Bud Been Director Dallas Co. Public Works telephone no. 2!4:747%6336 ex!26 ....
M0osa Saghian TxDOT Special ProjectS(w/0 attac!n)
job no. 23417A Dallas County CMAQ
CM~,Q Pr?jeCt l0 ......
faX no. 9727.30473673/214-320-6650 no. of PageS (inclU~ng thiS page) 23
comments Atul, here is a summary of procedures to use to allow a local public agency (LPA) to perform
contract letting of what normally would be a TxDOT project. Moosa Saghian, TxDOT Special Projects
Office asked that t send a copy on to you. Please note the pen and ink change to Attachment A, Page 1 of
2, item 4 that deletes the phrase "...and contract management..." and changes attachment "D' to 'C". I
also inserted the definition of the various TxDOT divisions used in the listing. They are:
CMD Construction Maintenance Division
DES Design
ENV Environmental
TRF Traffic
GSD General Services Division
As you read this remember that the parts about getting the PS&E approved is already ongoing. That's what
we are doing. Your responsibilities would begin with the construction letting and management. So tend to
disregard all about getting environmental clearances and approved schematics and such.
Moosa asked that you call him direct to set up a meeting between the City of Coppell and TxDOT to begin
the process of preparing an agreement to allow a LPA, in this case the City of Coppetl to let a construction
project.
Please call if you have any questions.
ff you have any problems with transmission and/or did not receive aft of the pages, please carl (214) 747-&~36
Over a Century of
Engineering ExGellenGe
D \G EN ERAL\G04-5FAX\CO PPELL\1997~019 DOC
From: Ivan Nicodemu$ To: P.E., Atul Palel ,--- Date: 5119/97 Time: 16:34:29 Page 2 of 23
Texas Department of Transportation
P.O. :Box 3067
Dallas, Texas 75221-3067 ,,,-z--":" --~~
Phone: (214)320- 4435 Fax: (214)320-6950 -: = ' '!! '
,-.., ,, HAY 1 ~ 1997 ":"
Department LETTER OF TRANSMITTAL
· ' ~f Transportation
Date: May 14, 1997 :)/L.,.-------~-- ..........
To: Ivan Nicodemus From: Moosa Saghian
Special Projects Office
Project: CMAQ Proiect #10
By way of:
. . ::.
[] Courier [] Over-Night 123 U.S. Mail :
[] Fax [] Pick Up [~Hand Delia, e;
We are sending you the following:
[] Originals [] Prints [] Estimates [] Samples
[] Plans [] Drawings [] Copy of letter [] Memos
[] Change Order [] Specifications [] Other:
..... Copies. ... Date # Sh..e. ets ~ Description
1 5-14-97 14 Contract Letting by Local Public Agencies
Items transmitted as checked below: th'Tfll~{ ~'~
As requested __ For review and comment 6c~rr x% ~ ~c~ ~
Returned for corrections
x For your use __
Approved as noted .. Approved as submitted
Resubmit _ copy(ies) for approval Other:
REMARKS:..please provide a copy of this Memo to the ..City of .Coppell.
cc: C~AQ- file (t~'~., ~/o ) Sig, ed: .if_trOT& .f'a'2~,'----
Pt ;./i
From: Ivan Nicodemus To: P.E., Atul Patel Date: 5,/19/97 Time: 16:34:29
'~ Page 3 of 23
MEMORANDUM
................. OF TTtN'.ISPOR'Ca,TION
DISTnlCT NO ~ 8
TO: All District Enginc~ ;s Date: October 23, t996
OCT 2 9 1996
FROrvl: Robert Cuellar, P.E
Oattas, Texas
RECEIVED
SUBJ"ECT: Contract Letting b) Eocal Public A~encies
The Federal. State and Local PartiCipation rules were recently modified and went into effect
September 26. 1996. There are a number of significant changes impacting contracts with Local
Public Agencies (LPAs). The potential exists for approximately $300 million in off-system projects
to be let and managed by LPA's on an annual basis. As more LPA's express an interest in letting and
managing off-system projects, concerns have arisen regarding the structure and content of the
contract documents, the contracting process and the distr/ct's role in the development and oversight
of these projects.
Prior to recommending that a LPA be approved to let and manage these activities, the district should
be sure that they have thoroughly outlined and discussed the respo~asibilities of each party with the
entity and that the entity understands and is able to comply with all requirements of the project. Even
though the project is let by the LPA, the district is responsible for ensuring that federal funds are
spent in compliance with all federal laws and regulations. The federal requirements associated with
these projects are numerous, Non-compliance could result in the declaxation olineligibility for federal
funds for the project and/or the possible future withholding of federal funds. In the event the LPA
is not in compliance with the applicable federal laws and regulations, and federal funds have been
paid, you will be responsible for collection of the funds necessary from the LPA for reimbursement
to the FHWA. Specifically, the districts are responsible for monitoring these projects, from project
development through construction, to provide adequate oversight and documentation to ensttre
compliance.
Specific district responsibility
As with other PS&E. districts must review the plans and proposals for these projects to ensure
documents submitted to the De. sign Division are complete and ready for letting. In accordance with
the PS&E submission schedule, the completed plates and proposals are due, in good form, ~
~prior to the letting date. This time period allows only for review and resolution of minor
comments, authorization and advertisement of the project. If the submission contains errors, the
Design Division may return the PS&E to the district For revisions by the LPA. The project may not
be advertised and let until the PS&E have been approved by the Design Division. That being the
case, it is suggested that you not automaticall.,,, commit to the eight week schedule as that time period
may prove insufficient to meet the letting date the LPA desires. - --
To assist your staff in coordinating and reviewing these projects. detailed information regarding'
requirements for these projects is enclosed. This guidance should be shared with the LPA to assist
tl~cm with understanding the requirements. their role in the project. and with the preparation of
/
."'~ !' 1.7;',::i'. En,;, (,~}.L,/"
T)~gtL~, ' , ' (.) ....
· r'::'7"':A-¢ \%\..'.;. --, ,._:
From: Ivan Nicodemus To: P.E., Alul Patel Date: 5119197 Time: 16:34:29 Page 4 of 23
" All District Engineers 2 October 23, 1996
acceptable plans and proposals. Design Field Area, Construction and Maintenance Proposal Issuance.
and General Services Con~xact Management staff are available to assist you throughout the process
as needed.
Enclosures: 1. Attachment A - Procedure for approving PS&E and award ofcontract when let
by a Local Public Agency CL, PA)
2. Attachmere B - Procedure for obtaini'~g Letters of Authority for force account
work to be performed by a Local Public Agency (LPA)
3. Attachment C - Proposal, Plan' and Biddlag l~equiremeuts for Federal Aid
Contracts - State Oversight when let by a Local Public Agency (LPA) ..
cc: WGB ~
FDO
ADS
DES
From: Ivan Nicodemus To: P.E.. Atul Patel Date: 5/19/97 Time: 16:34:29 Page 5 ol 23
/1 !tachment A
Attachment A
Procedure for approving PS&E and award of contract
when let by a Local Public Agency OuPA)
1. Project must be included in the Statewide Transportation Improvement Program (STIP), if
federal aid. --
2. District obtains Senior Management Team (SMT) approval, tlxrough DES, for LPA to let
and manage the project. This written approval should be obtained Ixior to verbal
agreement with the LPA for them to manage the project. "
3. A project agreement between TxDOT and the LPA must be executed which defines the
contractual responsibilities and obligations of each paxty.
4. LPA submits letting~r-,~ ;:-_.~r,c: r...z~-:Gz:.c.r-: procedures (not procurement procedures)
to the district for review and submission to DES. The procedures will be forwarded to
CMD for review and approval. See Atuchment/l_~_for minimum requirements.
5. The district and the LPA must work together to determine the letting schedule, allowing
sufficient time fo,: all reviews. District notifies DES-Letting Management of scheduled
letting (include on Attachment B, if possible). The actual day the LPA is to let the
project should be indicated.
6. LPA sends appropriate number of copies of PS&E and proposal to district contact (with
certifications signed by responsible local official), by agreed upon deadline. The district
rexdews the plans and proposals to ensure documents submitted to DES are complete and
ready for letting.
7. District submits copies to DES-Field Area at least eight weeks prior to letting date.
8. DES-Field Area distributes PS&E and proposals to appropriate sections/divisions/
FHWA. (Proposals to CMD for review and coordination with GSD and BOP.)
9. Revisions to the PS&E may be required during the review period. Approval ofthe PS&E.
including the proposal. may require review by DES, ENV, TRF, CMD. GSD and the
FHWA. Normal review time by division offices is four weel~s. Disad'vantaged Business
Enterprise (DBE I coals. irony, will be assi_~med by the Business O onumty Pro~am
(BOP) office.
10. Once the PS&E ~.', approvcd. and a31 federal requirements met, DES will obtain the Federal
Letter of Authont~ obtigating federal funds and the State Letter af Authority authofizin~
construction and advertisement of the project. in accordance wi~h oversi~hl a~rccmcnt
Letting by Local Public ,4gencies I of 2 October 23. 1996
From: Ivan Nicodemus To: P,E., Atul Palel ~ Date: 5/19/97 Time: 16:34:29 Page 6 ol 23
'Attachment A
with FH\~zA. Both rcquirc environmental clearance in accordancc with fedcral and
TxDOT's environmental requirements and inclusion on the STIP. For federally funded
projects, both Letters of Authority are required prior to advertisement of the projeCt"by
the LPA. For state funded projects, only the State Letter of Authority is required prior to
advertisement of the project by the LPA.
..-
! I. DES transmits Letter(s) of Authority to district. The Letter(s) of Authority serve as
authorization to proceed with advertising the project. Advertising prior to receipt of
Letter of Authority will jeopardize federal fundingon the entire project.
12. For federal-aid projects, the LPA advertises the project t~i~e_.i_. once at least 3_._,.weeks prior
to receipt of bids and a~i.2;at.lcas. t two .weekS pri0r to receipt_ of.b.!ds. LPA receives bids.
For state funded.projects, the LPA advertises the project twice: once at least 2 weeks
prior to rcccipt of bids and again at least one week prior to receipt of bids. LPA receives
bids.
! 3. The LPA must comply with the construction letting and contract administration
procedures as approved by Tx.DOT, Any changes to the procedures require advance
approval from C1VID. Any deviation form approved procedures may jeopardize federal
funding for the entire project.
i 4. Prior to the award of any construction contract, the LPA must submit the bid tabulations
to the district, with recommendation for award or rejection. The bid tabulations will bc
forwarded to DES with a memo of concurrence for award of the project. DES will verify
that all conditions of the Letter of Authority have been met and forward bid tabulations to
CMD for review and analysis in accordance with division procedures. (Detailed
construction estimate does not have to be entered on DCIS.)
! 5. CM'D requests concurrence or rejection ofthe award of the construction contract from the
SMT andJar FHWA (on NHS) and notifies the district of the decision. BUD, DES and
GS D arc also notified of the letting outcome and the lowest responsive bid received for
tbc project. DES eaters the bid amount into DCIS for payment and tracking purposes.
16. The district advises LPA of TxDOT concurrence in award or rejection ofthc bid. The
LPA shall. notify the districi when the contract has been formally awarded by the
appropriate governing body,
Letting bx Local Public Agencies 2 of 2 October 23. 1996
From: Ivan Nicodemus To: P.E., Atul Palel Date: 5119197 Time: 16:34:29 Page 7 ol 23
'/i finchmerit B
Attachment B
Procedure for obtaining Letters of Authoriry for force account work to be
performed by a Local Public Agency (LPA)
: 1. Project must be included in Statewide Transportation Improvement Program (STIP), if
federal aid.
2. LPA submits "public interest" justification to TxDOT district for approval to perform the
work with their ov, m forces. District forwards to DES for approval.
3. DES approves/disapproves LPA request. If approved, continue tbxough the following
steps. If not approve, d, improve justification and resubmit or contract work through
normal procedures.
4. LPA subrn.its purchasing procedures to DES damugh the district, for approval if any
materials are to be purchased for w!:ticb reimbursement is desired. Disu-ict forwards
procedures to DES for approval. DES forwards to GSD for review and approval.
5. At least two months in advance of date, LPA notifies district of scheduled start work date.
District sends request for obligation of funds to DES-Letting Management.
6. Entity sends appropriate number of copies of work plans to district contact (v,,ith
certifications signed by responsible local ot'Ecial).
7. Dis~ct submits copies to DES-Field Area.
8. DES-Field Area distributes plans to appropriate sections/divisionsrFHWA.
9. Divisions/FHWA complete reviews within one month and obtain Federal and State Letters
of Authority (both require env~rortmental clearancc in accordance with federal and
TxDOT's environ.mental requLrements and inclusion on the STIP).
10. DES transmits Letter(s)of Authority to district with authorization to proceed, prior to
LPA beginning force account work on the project. Any work accomplished before receipt
of the Letters of Authority will not be reimbursed and will jeopardize the receipt of federal
funds-for the entire project.
I l. Disl~ict advises LPA of TxDOT authorization to proceed.
Letting b), Local Public ,4gencie.~ ! of I October 23. 1996
From: Ivan Nicodemus To: P.E,, Atul Patel ~ Date: 5119/97 Time: 16:34:29 Page 8 of 23
Attachment C
Proposal, Plan and Bidding Requirements for
Federal Aid Contracts - State Oversight
when let by a Local Public Agency ('LPA)
The following information represents general requirements, and policy relating to Federal-Aid
project bidding procedures.
These guidelines follow 23 CFR 635A, Feder~l-A. id Policy Guide (FAPG), Sil~chapter G, which
sets out in detail conu'act procedures. The FAPG is the primary and complete source of reference
which must be adhered to.
NOTE: Specific references to Special Provision numbers are current as of this date and are
subject to change, The most current Special Provisions containing the relevant content are
required.
I ) Federal Equal Employment Opportunity contnct requh'ements are outlined on page ? of 16
in this appendix.
a) DBE Goats (000-443)
*Does not have to be identical but must contain the same content.
The % DBE goals must be obtained from the Business Opportunities Program Office.
Contact Efrem Casarcz at 512-463-8870.
This must be approved by Construction and Maintenance Division if not identical to
000-443.
b) Equal Employment Opportunity (000-001 )
*Does not have to be identical but must contain the same content.
This must be approved by Construction and Maintenance Division if not identical to
000-001:
c) Affirmative Active (000- ! 1
*Does not havc to be identical but must contain the same contcnt.
d) Certification of Nondiscnmination (000-003)
*Does not have to be identical but must contain the same content.
Letting by Local Public' ~lge,tcies i of 16 October 23. 1996
From: Ivan Nicodemus To: P.E., Alul Patel .~ Dale: 5119/97 Time: 16:34:29 Page 9 of 23
' Altac]zmen[ C'
2) Applicable Federal Labor Laws are outlined on page 8 of 16, in this attachment.
Wage Rates - There are five (5) categories of wage rates depending on the type of project.
(Highway, Heavy Construction, Minimum Wage,.Residendal Architectural and/or Building
Architcct~tral)
' *Obtain from DES-Project Services section at 5 12-4 16-2666.
3) Licensing and qualification &contractors
a) There may be no pF6e'~ure or requirement in place which restricts competiti'o"for
prevents submission of a bid by a resident or non.resident of Texas.
b) A contractor who is currently suspended, debarred, or voluntarily excluded from, or '
determined to be ineligible for bidding by any Federal agency, may not be awarded a
contract (see p. 9-10 of 16, this attachment). If the bid document contains FHWA 1273,
the attached form is not necessary.
c) Notice to report bid rigging activities (000-482)
*Must contain the same content.
d) The bidder shall file a signed statement certifying that the firm has not participated in any
collusive activity or otherx~4se taken any action in restraint of free competitive bidding in
connecrion with the submitted bid. Failure to do so will render the bid non-responsive.
The statement must be in the form of either a sworn affidavit before a person who is
authorized by the laws of Texas to administer oaths or in the form of an unsworn
declaration executed under penalty of perjury of the laws of the United States (see p. 11
of 16, this attachment).
e) Certification of Absence of Suspension, Debarment. This certification is included in
FHWA Form 1273.
4) Insurance Requirements
The contractor shall maintain and pay for insurance set forth below, if requixed, prior to
commencing work, and shall file with the LPA, certificates of insurance signed by au
authorized agent.
a) WorkTnen's Compensation on all employees and subcontractors, etc., as required by law,
The policy should be endorsed-with a Waiver of Subrogation in favor of the LPA.
b) Commercial General Liability Insurance ifdesixed: Minimum amount to be determined
by Ihe I.PA If required. policies should be endorsed with the LPA named as an
additional insured and endorsed with a waiver of subrogation in favor of the LPA.
c) Comprehensive Automobile Liability if desired: Coverage and minimitre amount to be
determined by LPA. Basic automobile liability insurance is not an acceptable substitute.
Letting by Local Pub/w ,4ge, cies .2 of ] 6 October 23. i 996
From: Ivan Nicodemus To: P.E., Atul Palel Date: 5119197 Time: 16:34:29
~ Page 10 of 23
,- Aliachinch! C
If required, policies should be endorsed with the LPA named as an additional insm-ed
and endorsed w~th a waiver ofsubrogation in favor of the LPA.
d)Builder's Risk Insurance ifappropriate and desired: If desixed, it should be lO0%.of
contract price.
: e) Railroad Protective Liability: Required when work is being performed within 50 feet of
the operating track or tracks. An agreement(s) should be executed with the affected
railroad company or companies prior to letting. The agreement will specify the
railroad's insurance requirements.
5) Performance and Payment Bonds
Within a specified lime after wriuen notification of~he award of the contract the bidder shall
,:
execute and furnish to the LPA the contract, with a performance bond and a payment bond,
with powers of attorney attached, each in the full mount of the contract price, executed by a
surety company or surety companies authorized to execute surety bonds under and in
accordance with the laws of the State of Texas. When the amount of the contract is
$100,000 or less, a performance bond will not be required. When the mount of the contract
is $25,000 or less, a payment bond will not be required.
6) Advertising for bids
a) The project advertisement as well as the approved plans and specifications must be
available to bidders a minimum of three weeks prior to the opening of bids.
b) Nondiscriminatory bidding procedures must be afforded to all qualified bidders.
c) No public agency is permitted to bid in competition or eater into subcontracts with
private contractors.
7) Proposal Requirements
a) FHWA Form 1273 is required for federal-aid projects.
*Should contain exact form.
b) Items 13o 9
*Must contain the same content but not necessarily identical to items 1' to 9.
These must be a_pproved by Construction and Maintenance Division if not identical to
Items I to 9.
c) Contractor's Assurance (see p.I 2 of 16. th~s attachment1 * Must contain the same content.
d) The bid document must include a lobbying certification (see p. 13-15 of 16, this
attachment, Disclosure of Lobbying Activities).
Letting by Local Public Agencies 3 of 16 October 23. ! 996
From: Ivan Nicodemus To: P.E,, Atul Patel ,,~ Date: 5119/97 Time: 16:34:29 Page 11 ol 23
Allachmenl C
*Should contain exact form.
e) The bid document must comply with the requirements which make the bid responsive.
Failure to comply with the requirements will make the bid nonresponsive and not eligible
for award consideration.
' f) Proposal Guaranty
If TxDOT standard specification lieins I - 9 are applicable to the project, a proposal
guaranty_ must be furnished by the bidder as a guaranty that the b!dder will enter into a
contract if awarded the work. '
The amount of the proposal guaranty is based on the estimated cost of the project bid
items. The following is a breakdown of project cost to guaranty mount. .-
*Estimated Cost of Project (Bid items only) Guaran_ry Amount
$ 0 to $25,000 0
$ 25 000.01 to $ 200,000 2% rounded to the next highest $ I O0
· $ 200000.01 to $ 400,000 $ 8,000
$ 400 000.01 to $ 500,000 $ 15,000
$ 500.000.01 to $1,000,000 $ 30,000
$1,000 000.01 to $2,000,000 $ 50,000
$2,000000.01 to $3,000,000 $ 60,000
$3,000000.01 to $4,000,000 $ 70,000
$4,000,000.01 to $5,000,000 $ 80,000
$5,000,000.01 to $6,000,000 $ 90,000
Over $6,000,000 $100,000
g) Working Days
A working day is defined in TxDOT standard specification Item I as a calendar day, not
including Saturdays, Sundays or legal holidays. The definition ofwortdng day may be
altered as desired in the proposal. The total number of EOX]lilLi.di.YJ in which the work
is to be completed must be shown.
h) Specification for each Pay hem
Ever), item of work that is to receive payment must have a written specificanon.
i) ~hiid Support Stalemcnt (see p. 16 of 16, this attachment) should be completed. (Do
Not Leave Blank)
Bid Inserts:
*Must have a specification for each bid item.
Letting by Local Public ,~ge,tc'ies 4 of 16 October 23. 1996
From: Ivan Nicodemus To: P.E., Atul Patel Date: ~19197 Time: 16:34:29
~ Page 12 of 23
· Atla~hrnent C "'
*Do not have to have a descriptive code for the bid item.
*Must have unit of measure and payment.
*Must have a place for the bidder to write in the unit bid prices. :
k) State Franchise Tax (000-005) *Must contain the same content.
1) Liquidated Darnages (000-1444) *Must contain the same content.
m)-- Acknowledgment for Receipt of Addendtmu - .-._
*Must contain the same content.
n) "Do Not Disassemble This Proposal" needs to be included in the Notice To Contractors
and on the cover sheet of the proposal. ':
o) Some projects do not have an itemized bid or bid inserts. The estimate has only one
· item, which is a lump sum pay item; however, this should be discouraged. Lump sum
projects do not provide any latitude in field changes, extra work orders, etc.
p)Specify clearly if a pre-bid meeting is mandatory or not - also include the time, date and
location of the meeting.
q) In addition to specifying the date by which bids must be received, it is recommended that
the proposal also specify the time by which bids must be received by the LPA.
8) Bid opening and bid tabulation:
a)All bids received in accordance with the terms ofthe advertisement must be publicly
opened and read either by bid item or total amount bid.
b) Negotiation with bidders followLug the opening of bids and prior to contract award is
not pcrrnirtcd.
1 ) The cntih., letting the project is the "owner".
2) lnctude the TxDOT CSJ and Project numbers.
3) The architect and/or cnginecr's seal should b'e included on the index for any standard detailF
referenced. and on every design sheet.
4 } The index should itemize all standard detail sheets used.
5) For federal-aid projects, the title sheet must include the following reference to the
specifications utilized and FHWA Form 1273.
Letting by Local Public-/~gencies .5 of 16 October 23, ! 996
From: Ivan Nicodemus To: P.E., Atul Patel Date: 5119197 Time: 16:34:29 Page 13 ol 23
Attachment C
NOTE: Specifications adopted by the <eater LPA name here> on <enter date specifications
adopted> and specification items listed and dated as follows, shall govern on this project:
Required Contract Provisions, Federal-Aid Construction Contracts (Form FHWA 1273,
December, 1993).
6) The title sheet should contain the following signature blocks:
Submitted for letting: Representative of firm or design office coordinating project
design
Recommended ,fOr lerti~_g.: Local Public Agency authorized repre.s..en_..t:ati.ve _
Recommended for let'cing: District Engineer
Approved for letting: Director, Design Division
1 ) Upon 75% completion of plans for historical structures an.d/or buildings, submit to Design
DiVision for submission by Environmental Division to SHPO for approval.
2) The letting entity (owner) must have a signed "Letter of Authority,, before advertising the
project for bids.
3) Include in the advertisement for bids an<t/or the proposal the correct address where plans and
proposals may be examined by prospective bidders. (TxDOT usually uses certain AGC
locations - these are for heavy civil conswuction work. The locations for architectural work
may be different.)
4) ROW, utility, encroachment and relocation assistance certification forms must be signed by
the owner or their responsible agent.
5) These contracts shall utilize Tx, DOT specifications, unless prior approval by the appropriate
TxDOT division has been obtained.
6) These projects should be developed to meet mizxixnum AASHTO design criteria. If an
exception to these criteria is required, then it should be submitted to the appropriate division
and approval obtained, before the project is seat to DES for review.
If the scope of work for a project is not covered by AASHTO design criteha, such as the
Green Book, then the criteria for these projects will be as approved by the appropriate
division prior to the initiation of project development. :- --
Letting by Local Public' Agencies 6 o.f 16 October 23. 1996
From: Ivan Nicodemu$ To: P.E., Atul Patel Date: 5119/97 Time: 16:34:29 Page 14 of 23
-.
' ' ' t4 ([aC;'lrdB!Zl' C
The following is a list of federal Equal Employment Opportunity =
contract requirements that are mandated by the Federal-Aid Policy
Guide, Subchapter C - Civil Rights, 23 CFR parts 200 thru 230
PART 200 - TITLE VI PROGRAM AND RELATED STATUTES - IMPUTATION
AND REVIEW PROCEDURES.
Each federal-aid contract QfI1-contain guidelines for: (a)
Implementing the Federal Highway Administration Title VI
compliance program under Title VI of the Civil Rights Act of 1964
and related civil rights laws and regulations, and (b) conducting
Title VI program compliance reviews relative to the Federal-aid
highway program.
PART 230 - EXTERNAL PROGRAMS, SUBPART A - EQUAL EM~LOY~T
OPPORTUNITY ON FEDERAL AND FEDERAL-AID CONSTRUCTION CONTRACTS
(INCLUDING SUPPORTIerE SERVICES).
Prescribes the policies, procedures, and guides relative to the
implementation of an equal employment opportunity program on
Federal and Federal-aid highway construction contracts, except
for those contracts awarded under 23 U.S.C. 117, and to t-he
preparation and submission of reports pursuant thereto.
PART 230 - EXTERNAL PROGRAM~, SUBPART B - SUPPORTi'VE SERVICES FOR
MINORITY, DISADV~TAGED, AND WOE BUSINESS ENTERPRISES.
Prescribes the policies, procedures, and guidance to develop,
conduct, and administer supportive services assistance programs
for minority, disadvantaged, and women business enterprises.
PART 230 - EXTERNAL PROGRAMS, SUBPART C - STATE HIGEWAY AGENCY
EQUAL EMPLOYMINT OPPORTUNITY PROGRAM~.
Sets forth Federal Highway Administration (FHWA) Federal-aid
policy and FHWA and State responsibilities relative to a State
highway agency's internal equal employment opportunity program
and for assuring compliance with the equal employment opportunity
requirements-of faderally-assisted highway construction
contracts.
Part 230 - EXTERNAL PROGRAMS, SUBPART D - CONSTRUCTION EQUAL
OPPORTUNITY COMPLIANCE PROCEDURES.
Prescribes polices and procedures to standardxze the
~mplementar~on of the equal opportunity contract Compliance
program, ~ncludxng compliance rev/ews, conso!~dated compl~amce
reviews, anc [he administration of areaw~de plans.
Letting by Local Pubh'c /Igenctes 7 of 16 October 23. 1996
From: Ivan Nicodemus To: P.E., Atul Patel Date: 5/19/97 Time: 16:34:29 __ Page 15 ol 23
" AtlachmentC .._.-;.~-,..;].~x.-:~.,
The followiug iS_a list of the current applicable-FedeEaI Labor
Laws.
The Contract Work Hours and Safety Standard Act (CWHSSA}
establishes a standard work day of 8 hours and a standard work
week of 40 hours, and that work in excess of 40 hours per week
shall be compensated for at rates not less than one and one-half
times the basic rate of pay.
The Copeland "Anti-Kickback" Act makes it a criminal offense for
any person to make unauthorized deductions, or to exact rebates
from the wages paid to any person employed in the construction,
prosecution, completion, or repair of any public work, financed
in whole or in part with federal funds.
The Davis-Bacon and Related Acts (DBRA) requires the inclusion of
minimum wage rates. for laborers and mechanics employed on the
site of Federal-aid contracts for construction, alteration of
repair, painting and decorating of public buildings or public
works.
The Fair Labor Standards Act (FLSA) sets a minimum wage, overtime
pay, record keeping and child labor standards for employees who
are covered by the Act and are not exempt form specific
provisions.
In addition Form FHATA 1273 identifies specific contractor and
subcontractor requirements regarding EEO and Labor matters.
Form FHWA 12~3 - must be incorporated on all Federal-aid
contracts and subcontracts agreements over $ 10,000.
Letting by Local Public Agencies 8 of 16 Octobet~ 23. 1996
From: Ivan Nicodemus To: P.E., Atul Patel Date: 5/'19/'97 Time: 16:34:29 Page 16 of 23
){.ttachment C
The State of
County of
Certification of Absence of Suspension, Debarment,
Voluntary Exclusion, or Determination of Ineligibility
The undersigned bidder, under p~nahy of perjury under the laws of the United States or the State of Texas, certifi~
that, except as noted herein, the biddcr's firm and all persons associalcd therewith in the capacity of owner, panncr,
stockholder. director. officer, principal investigator. project director. manager. auditor. or any position involving the
administration of any-part of thc_firm's operations: - __
I. arc not cuncntly suspended, debarred, or volu nta. dly excluded from or determined to be ineligible for bidding
by any federal agency;
2- have not bccn suspended, debarred, voluntarily excluded from or deterrnined to be ineligible for bidding by any
federal agency within the past 3 years;
3. do not have a proposed dcbarmcnt pending with any federal agency. and
4. have noi been indicted, convicted, or had a civil judgcment rendered against it or any person indicated above
by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 yeats.
All exceptions to the above axe recorded in the following space:
The undersigned bidder understands that exceptions will not necessarily preclude the issuance of a bidding proposal
or result in the denial of award of the contact for a federally-funded project. h is also understood that exceptions
will be caxefully reviewed by the department and by the Federal Highway Administration and may result in rejec-
lion of the bid proposal and suspension and dcbatment of the contractor pursuant to 43 Texas Administrative Code
CFAC) Section 9.6. Procedure for Debaxrnent or a Contractor, to 43 TAC Section 9.7, Procedure for Suspension of
a Contractor. to 43 TAC Section 9.8, Supplemental Procedures for Suspension or Debarrnent of a Contractor, and/or
Debannent and Suspension (Non-Procurement)49 CFR Pan 29 (1987).
For a~y e xception no_ted, the foilowl ng information exptai as to whom it applies. the i ni fiati ng agency. and the. dates of action.
The unders~gned bidder understands that providing false information may tcsuh in criminal prosecution or adminis-
Iratire '~anclions
Letting by Local Public Agencies 9 of ! 6 October 23, ! 996
From: Ivan Nicodemus To: P.E., Alul Patel Dale: 5/19/97 Time: 16:34:30 Page 17 ol 23
c
P~nt Firm Name
Signaturc/Tillc
Bdore me. the undersigned authority. a Notary Public. on this day pcrsonal|y appear,'d
who. being by me duly sworn. upon oath says that she/he is qualitricd and authorized to make affidavit for and on
behalf of
bidder. of County. and is fully cognizant of the facts herein set out
and affirms to the truth and accuracy of the certifications made herein by signing the document above.
Subscribed and sworn to before me by ~he said
Name
· ,s day of . 19 __ . to certify which wimcss my
hand and seal of office.
Notary Public in and for
County
I..etlin$~ by Local Public Agencte.~ I0 o.f 16 October 23. 1996
From: Ivan Nicodemus To: P.E., Atul Patel Dale: 5/19/97 Time: 16:34:30 Page 18 of 23
. Attachment C'
The undersigned, as bidder, declares that the only person or parties interested in this
proposal as principals are those named hereln; that the Contractor has not, either dixectly
or indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competitive bidding in connection with the contrac~ for the
above-captioned highway work.
The undersigned aX'~_rtns the math and accuracy ef this certification.
Legal FLrm Name
Signatm'e
Address:
Before me, the undersigned authority a Notary Pubtic on this day personally appeared
who, being by me duly sworn, upon oath says:
that he is qua!it:led and authorized to make tMs affidavit for and on behalf of
County(s), Texas, and is fully cognizant of the
facts herein set out and affirms to the truth and accuracy of the certification made herein
by signing above.
Subscribed and sworn to before me by the said (I)
this day of ,19__, to certify which witness my hand and seal
of office.
Notary Public in and for
Cotrely,Texas
Letting by Local Pubhc Agencies ! ! of 16 October 23. 1996
From: Ivan Nicodemus To: P.E., Atul Patel Date: 5/19/97 Time: 16:34:30 Page 19 of 23
.A Il, aC]llrlelll C
CONTRACTOR'S ASSURANCE
(Subcontracts-Federal Aid Projects)
By signing this proposal the contractor is giving assurances that all subcontract
agreements of $10,000 or more on this project will incorporate the following
provisions:
Special Provision "Certification of Nondiscrimination in EmplOyment"
SpeCial Provision "Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity CExecutive Order 11246)"
Special Provision 'Standaxd Federal Equal Employment Opportunity
Construction Contract Specifications {Executive Order
112~6)"
Form FEWA 1273 "Required Contract Provisions Federal-aid Construction
Contracts"
(Form FHWA 1273 must also be physically attached to
subcontracts and purchase orders of $10,000 or more)
Applicable "Wage Determination Decision"
05 -%
l. ettmg by Local P. bltc Age,tct'e.f i 2 of i 6 October 23. 1996
From: Ivan Nicodemus To: P.E., Atul Patel Dale: 5/19/97 Time: 16:34:30 Page 20 ol 23
INSTRUCTIONS FOR COMPLETION OF SF-LLL. DISCLOSURE OF LOBBYING ACTIVITIES
·
This disclosure lotm shall be completed by the reDC~rting entity. whether lubawerdee 04 ~;me Federal ~ec;o;ent. at t~
initiation Or fccei~T of a c~ered Federal action. Of a material ~ange to a peerTout filing. ~rtuaal IO I~tie 3S U.S.C
te~tloa 1352. The lillng o( a Iorm is ~eqvlred lot (~ch Da~en~ or a~eemeal tO make patmeal to Jay lo~bylag eathy
employee of COn~lSl. ~ a~ employee ol.a Member OI COngreSs in connection with a Co-ered Federal actio~ Use tk
applT I~ both tN Saltill Ill;rig a~ millrill change report. Refer tO t~ implementlag guidance published by the OIf;te
of Manag~menl a~ ~dHt I~ adairTonal
1. Ideaill1 the I~e of towered Federal action lot which lobbying actively is aRdlor ~S been leevend Io inllue~ce the
3 Idtnl~f~ t~ approptiatc class;llcat~oe ol th;} re~orL If this it a IOIIowvO re~ott ea~scd by a maternal Chan~e to The
prlviNlly Iubm~l~ flDor~ ~y Ihls reDOfling entily lot the& c~erld Federal
Check the a~DrOgri,te claSSlflcalion OI t--e re,Offing ~ttty that dclignate$ it it iS, Or Rapeeft tO ~e. a prime ~
Subaward tecipic~L identify the I~et Of Ihe Subawlrde(. ~g.. the first sgbawirdte of the prime is the ~st
S.'if the ~9;nizatloa filing the report in illm 4 chtcXl 'Subawtrdee'. then enter the lull name. addreaL c:ty. state and
code OI the p~imc Federal rect~enL &ncluGe COngreSsiOnal DiStrict. i( know~
6~Enter the name Of !he Federal agc~y mekln9 !he award or loin cOmm~tmen~ Include al least one OrglnilltiOaal lewel
below agtn~ name. i( keow~ For etamOle. OtDartme'nt Of Transportation. United Stilt/ColtE Guard.
Eater t~ Federal program name or deScriOlion fm the co~ered Federal action ~tem 1L II known. eater The 1~II CatalOg
OI Federal D~estlc Assistance {CFD~ number I~ ~antl. coooeratlve agreemeals. Spans. and Span
8. Enter the most a0pfODri~tc Federal ~de~t;fyi~g number ~vz~lablt for the Federal nelSOn ~de~l;!ied ie Slim 1 tc.g . Acquits
lot PrOposal (R~] number; lawCat:on toe 8~d IIFB] Aurabet; gra~t annOuncement number. lhc COntritE. giant. O' loan
iwltd number; the appllcal~on/p~oposal control number asslgaed by the ~e~eral agt~cyt. I~clu~e profiles. ·
*RFP-DE-S0-O01.*
Federal amount Of the ,~ar dlloa~ cOmm,tment I~ the D~ime erieSty idehtilled in item 4 or S.
10. ill Enter the lull name, addfit s, city, Stale and IiD code of (hi lobbying entity engaged by [he report;rig cnlity
in item 4 to influe~cc the Covered ~eOetll
tlEnter the lull ~ame$ Of the iadi~idu~ltSl De~fOemlng lervictl, a~d include lull address if dillerfnl from 10
~filer LIlt Name. F,fSt Natal. and Middle Initial NIL
I1. EnIe~ the amount of compensation ~e;d Or reasonably expected to bc Daid by the re~Otl;ng t~llty ~item dl to
lobbyin9 entity (item 101 lad,ca~e whClhet Ihe Daymint his been ml~e bctuall De wilt be ma~c tola~c~i Chcc~
made.
ChiCk the ~DDrOD6ite bOx[ell. Chccb all boles (hat aDDle- If ~ayml~l is made thf~h a~ in-ki~ cO~telbvhO~. tDeClfy
13 Chec~ In( a~DroDelate bo~ie s] Cheer all boxes thai apply. II DIner. Spicily
actual C~IICt w~lh ~e~e~a~ Olhc~alb tGe~t~ly lhl Federal O(!ic;jl[SI or emDIOrecltl COnldCle~ 0' I~e OIl.CellS
I~ Check --heine, oe Rot a S~ -LLt * A Cent.~at;o, Sheellsl;s
;'o~ec, 103¢6-0046: ~.,s,.,gto. OC
Letting by Local Pubhc .4ge~cte~ 13 of-Y6 October 23. I996
From: Ivan Nioodemus To: P.E., Alul Patel Date: 5/19197 Time: 16:34:30 -,,-,Page 21 of 23
AliaCl, lm~tlt
DISCLOSURE OF LOBBYING ACTIVITIES
Co~'~eele Itus Iorm Io 0,sceose Io¢:)~t~g aet,~hes ~su~ I~ 31 U.S-C 135~
Name ahd A44res~ Of Rep~tin9 ~tit~ ~ If Reportleg Eat;Iy in N~ 4 is Subawarded,
Enter Name and Address of
CI:OA NueBDIr. it #Doficao#e:
8. Federal ACtiOn NumBer. tl kno4, a: g. Award ~0unt. if
10 a Name and Addrcss Of LOUbying ~tity b- Indlv;duals PerfOrming Servicest incluai~g aa~ress
(it ie~lviOgae. lest haM. lips( name, gl): Oltterenr tr~ ~o.
S ~ actuae ~ pl~e~ ~ ~ ret~,~er
Q b. ~c-t~e lee
~ a CaSk ~ C, COnt,~ent tee
8r~el Dcscr~Dt,oA o~ Se~v,ces Petlormed O~ tO be Perlormtd ~Ad D~le~sl OI Se~-~ce. mcl~d~ne
emDIoyeelsl. ~ Mem~erlS~ contacted, eo~ Payment ladlelied ~ Hem 11~
Letting by ~cal Pubhc Agencies 14 of 16 October 23. 19~6
From: Ivan Nicodemus To: P.E., Atul Patel Date: 5119/97 Time: 16:34:30 ~ Page 22 of 23
., DISCLc-)SURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
ReDOrllng Entltlr- Page _ ol ____,_.,__
Letting by Local Pztblic ,4gencie~ 13 of r6 October 23. ] 996
From: Ivan Nicodemus To: P,E., Atu| Patel Date: 5/19~97 Time: 16:34:90 ~ Page 23 ol 23
· ,((ttlchment C
-,
CHILD SUPPORT STATEMENT
Under Section 231.006. Family Code. the vendore om apphcant
Certit'ies that the individual or business entity named in this
contract. bid. or application is eligible 1o receive the specified grant.
loan. or payment and acknowledges thai ._thi~ --o may be
· -- terminated and payment may m-,- caliph is
inaccurate.
Lms( below Ihe name and socma( sec~ 7tdua! ot sole
ptoprsetor and each partner. Shareholder hmO ,hiefaSt Of
least 2,5% of the business enfiiy sub, on
-- Section 231.006. Family Code. specifies ihat a child support obhgor who ,s more
.;-- than 30 days delinquent in paying child support and a business ent,ty ,n which
the obhgor ,s a sole proprietor. partner. shareholder. Or owner w~th an ownership
interest of at teast 25 percent is not eligible to receive payments (tom state lunds
under a contract to provide property. materials. or ,err,ca,: or race,re a state.
funded grant or loan.
A child support obhgOr Or busjness enlity ineligible to race,re payments de,or,bed
above remamns ,nehgible unt,l all arrearage have been pa,d Or the ObhOOr ,S ,n
comphance wrath a written repayment agreement Or court o,de, as to any el,St,rig
dehnOuenCy
Except as prov,dec~by Sect.on 231 302(d). Fam,ly Co0e a soc,al secu,,iv numbe,
,s co~__n(,den~,al and may be d,sclosed only
requesl io, ,niOrmaI,On horn an agency operairon
A an~ 0 ci T,Ho ~V o( the laderat Soc,a~ Secur,mv AC~ r42 USC Sec~,nn 60~: ~ 7
Letting b), Local Pttblic ,qge, tcies 16 of 16 October 23. 1996