YSLETA INDEPENDENT SCHOOL DISTRICT...5 AIA Contract, A101,2007 – Standard Form of Agreement Between Owner and Contractor 6 AIA Contract, A201-2007 – General Conditions of the Contract

YSLETA INDEPENDENT SCHOOL DISTRICT

CONTRACT MANUAL AND

TECHNICAL SPECIFICATIONS

FOR

BP 05 TLCC DEMOLITION PACKAGE

BOND-08-CSP

Purchasing Services

9600 Sims Drive, Suite 218

El Paso, Texas 79925

Submitted by:

519 E. Rio Grande, El Paso, TX 79902 915.544.4887 FAX 915.544.4869

ADVERTISEMENT OF SOLICITATION

The Board of Trustees of the Ysleta Independent School District is requesting offers for

BP 05 TLCC Demolition Package

Bond-08-CSP

First Advertisement Date Thursday, June 2, 2016

Second Advertisement Date Monday, June 6, 2016

Pre-Solicitation Meeting

Date/Time

Tuesday, June 7 2016

9:00AM

Pre-Solicitation Meeting Location 9600 Sims Drive / Franklin Room

Last Day for Questions Tuesday, June 7, 2016

Questions/Answers will be posted Thursday, June 9, 2016

Closing Date/Time Tuesday, June 14, 2016 @ 2:00PM

Opening Date/Time Tuesday, June 14, 2016 @ 2:10PM

Opening Location 9600 Sims Drive / Capitan Room

Notice of Award will be sent Thursday, August 11, 2016

Written solicitations are available at 519 E. Rio Grande, El Paso, TX 79902

Written offers must:

Provide one (1) original written offer, one (1) electronic copy (CD Rom or Flashdrive) and three

(3) copies.

Arrive in an envelope/package plainly marked with the above noted Title and solicitation number.

Submit on the forms provided and returned in a sealed envelope/package to:

Ysleta Independent School District

Purchasing Department



Attn: Monica Vasquez

All communication in regards to this solicitation is to be address via email to:

Edgar Goytia

VLK Architects

[email protected]

(915)434-0845

mailto:[email protected]


Bond-08-CSP

TABLE OF CONTENTS

1 Advertisement of Solicitation 2 Table of Contents 3 Solicitation Checklist 4 Solicitation Acknowledgement Form 5 Section 1 – Instructions for Solicitation Submittal 6 Section 2 – Questionnaire 7 Section 3 – Response to Various Terms & Conditions 8 Section 4 – Scope of Work, Specifications, Pricing List

TABLE OF FORMS

1 Deviations from Solicitation Terms and Conditions and/or Contract (if applicable)

2 Equivalent/Substitute Offers (if applicable)

3 Criminal Record Check (CRC)

(included with all proposals when requested/required by the Purchasing Department)

4 Sub-Contractor and Major Supplier List (if applicable)

5 Certified Payroll and Statement of Prime Contractor (utilized by awarded vendors)

6 Record of Apprentice and Employee Wage Rate Interview (utilized by awarded vendors)

7 Bid Bond

8 Payment and Performance Bonds

TABLE OF EXHIBITS

1 Insurance Sample

2 Fraud, Waste, and Abuse Hotline Information (must be hung at all construction sites)

3 Safety Plan for Contractors

4 Construction Wage Rates

5 AIA Contract, A101,2007 – Standard Form of Agreement Between Owner and Contractor

6 AIA Contract, A201-2007 – General Conditions of the Contract for Construction

TABLE OF TECHNICAL SPECIFICATIONS

See Attached Table of Contents


Bond-08-CSP

SOLICITATION CHECKLIST

This checklist is provided as a convenience in organizing the offer. It is the responsibility of each

Offeror, however, to ensure that all instructions are followed thoroughly and all information requested is

submitted correctly.

Solicitation Checklist

Offers shall be sent and addressed to the location as shown on the “Advertisement for Solicitation” page.

Solicitation Acknowledgement Form. MUST sign and be part of offer.

Section 1. Instructions for Solicitation Submittal

Section 2. Questionnaire. MUST be part of offer.

Section 3. Response to various Terms and Conditions. MUST respond to all questions and be part

of offer.

Section 4. Scope of work, specifications, pricing list. MUST be part of offer.

Review all exhibits.

Complete required forms. MUST be part of offer.

Any addendum forms must be signed and included in offer (as applicable)


Bond-08-CSP

Solicitation Acknowledgment Form

The undersigned certifies that: (i) he/she is duly authorized to submit and execute this offer; (ii) the

Offeror has not prepared this offer in collusion with any other respondent; (iii) no act to persuade any

company, corporation, firm, partnership, entity or individual to submit or withhold an offer has been

made; (iv) the contents (including, but not limited to pricing information), terms or conditions of this

offer have not been and will not be communicated or disclosed by Offeror or any employee or agent of

Offeror to any other person or company prior to the official date and time of opening of this offer; and (v)

the Offeror and its principals, shareholders, members, partners, employees and/or agents have not and will

not attempt to lobby (directly or indirectly) the Board of Trustees or any employees or agents of the

Ysleta Independent School District with regard to this offer.

The undersigned further certifies that the enclosed offer is submitted in accordance with all instructions,

specifications, definitions, conditions and contract provisions contained herein (to include Solicitation

Terms & Conditions set forth at and that the undersigned is aware that failing to submit a conforming

offer may result in partial or full rejection of the offer.

Offeror hereby certifies that neither the Offeror nor the firm, corporation, partnership or institution

represented by the Offeror, or anyone acting for such firm, corporation, or institution has violated the

antitrust laws of the United States or the State of Texas. The Offeror hereby assigns to the District any

and all claims for overcharges associated with this solicitation and/or any contract by and between the

Offeror and the District arising out of the antitrust laws of the United States and/or the antitrust laws of

the State of Texas.

__________________________________

Offeror Company Name Authorized signature / Date

_________________________________ ____________________________________

Position / Title Print or type signatory name

____________________________________

Address City / State / Zip Code

(______)__________________________ (______)__________________________

Telephone Number Fax Number

_________________________________ (______)__________________________

Contact Name for this solicitation Telephone Number

_______________________________ (______)__________________________

Email Fax Number

(NOTE: This form must be signed & included in the offer)


Bond-08-CSP

SECTION 1 – Instructions for Solicitation Submittal

(For solicitations advertised under Government Code 2269.)

1. Purpose of Solicitation. The purpose of this solicitation is to secure the services of an organization

or individual, hereinafter referred to as “Vendor” or “Offeror”, to provide the goods/services

described herein to the Ysleta Independent School District (hereinafter “YISD” or “District”) on

behalf of the District's Board of Trustees (hereinafter the "Board"). The District reserves the right to

withdraw this solicitation at any time and for any reason.

2. Address for Offers. Offers must be received by the deadline notated with the solicitation. Email and

facsimile proposals will not be considered. Hard copy submittals:

Provide one (1) original offer.

Provide one (1) electronic copy of offer. (CDRom or Flashdrive)

Provide three (3) copies of offer.

Arrive in an envelope/package plainly marked with the above noted title and solicitation number.

Submit on the forms provided and return to:

Ysleta Independent School District

Purchasing Department



3. Signature Required. Solicitation acknowledgement form must have the Offeror's authorized

representative signature, either copy, electronic, or manual for the offer to be considered. Failure to

sign or include a solicitation acknowledgment form will disqualify the offer.

4. Representations of Offeror. By submitting its offer, Offeror represents that:

Offeror has read and understands this solicitation;

Offeror's submittal is made in accordance with this solicitation;

Offeror has had the opportunity to visit the site of the project and to become familiar with the

conditions at the site of the project (if applicable);

Offeror's submittal is based upon the information set forth in this solicitation;

Offeror has read and understands the Solicitation Terms and Conditions (hereinafter “ST&Cs”).

5. Preparation of Offers. A written offer response must be typed, printed or written (in ink). Offers

written in pencil will not be considered for an award.

6. Withdrawal of Offers. Offers may be withdrawn at any time prior to official time of submission by

submitting a written and signed request to contact, named on “Advertisement of Solicitation” page.

Any Offeror who withdraws an offer shall sign a written receipt. After the official time of

submission, all offers become the property of the District.

7. Modification of Offers. Complete copies of each iteration of the offer will be retained by the

District. The District may, in its sole and absolute discretion, allow all Offerors to correct minor

errors and/or omissions in offer. If the District decides to allow Offerors to correct offers, the District

will be notified in writing of the error/omission which needs to be corrected and of the date by which

a response must be submitted in writing. It is the intent of the District that such corrections will only

be allowed when the errors and/or omissions are of a minor nature. The District, in its sole

determination, reserves the right to decide whether an error/omission is minor. An Offeror may only

make corrections/changes to those portions specifically identified by the District as containing the

minor error/omission.

8. Negotiations. Negotiations may be conducted with highest ranked Offeror, or an award may be made

based on the results of the original offers. Negotiations may include, but are not limited to:

a. Price(s) of the items or services specified in the offer;

b. Delivery times after receipt of order(s), or time of completion of the project; and/or

c. Determining that the Offeror has the facilities, personnel, and equipment necessary to provide the

required items or services.

9. Solicitation Costs. All costs incurred by the Offeror in the preparation, printing, demonstration or

negotiation of its offer shall be borne by the Offeror. This solicitation does not obligate or commit

the District to pay any costs incurred in the preparation and submission of the offer or to contract for

the goods/services specified. Further, the District is not obligated to pay any costs incurred by any

Offeror as a direct result of errors and/or omissions committed by District employees or agents in the

preparing of this solicitation and the processing of the offer. Every reasonable effort has been made

to ensure the accuracy of the information provided in this solicitation. It is incumbent upon each

Offeror to verify the accuracy of the information contained herein based upon each Offeror's research

and information, and to immediately advise contact named on “Advertisement of Solicitation” page

of any discrepancies.

10. Addenda to Solicitation. If necessary, the District may modify this solicitation by formal

addendum. Any addendum to this solicitation shall be acknowledged in response to Section 4, item

#2 by the District. Offerors who fail to check the website with the Architect, listed on “Advertisement

of Solicitation” page for any addendum clarifications prior to the due date and submits an offer

without acknowledging receipt of all addendums issued may cause the offer to be ineligible for

consideration of award. No oral or informal amendment(s) to this solicitation shall be binding on the

District or the Board.

11. Rejection of Solicitation Offer. The District reserves the right to accept or reject any or all offers or

any part thereof, to waive all technicalities, and to accept the offer or offers that are determined to

provide the best value to the District. A failure to provide any requested information may result in a

rejection of an offer, in whole or in part, at the District's sole discretion. However, the District

reserves the right to request additional or clarifying information from an Offeror. Such information

may be used to further evaluate the offer.

12. Rejection of Solicitation Offer/Gratuities. The District may, by written notice to the Offeror, reject

any offer if the District determines that gratuities, in the form of entertainment, gifts, or otherwise,

were offered or given by the Offeror, or any agent, or representative of the Offeror, to any officer,

employee, agent or member of the Board with a view toward securing a contract or securing favorable

treatment with respect to the award or amendment of this solicitation.

13. Communication. Any communication regarding this solicitation/contract development, until final

approval of any award, will be made to the name listed on the “Advertisement for Solicitation” page.

Failure to adhere to this provision may result in rejection of any and all offers.

14. Last Day for Questions/Posting of Questions and Answers. Any questions/clarification of this

solicitation must be submitted in writing to contact and no later than date notated on “Advertisement

of Solicitation” page. All questions and answers will be posted via addendum through on date

notated in solicitation.

15. District Business Hours. Review either the District’s or Purchasing Department webpage for

holiday dates. During this solicitation there may be dates the District is shutdown.

16. Late Submission. Only offers in the possession of the Purchasing Department, by the indicated

day/date/time notated in the solicitation, shall be considered for an award.

17. Opening Meeting. Purchasing Department staff will read aloud the vendor names that have

submitted an offer. Except for construction solicitations where, in addition, the cost will be read

aloud. The content of any offer(s) will be available for review only after award, by the indicated

day/time notated in the solicitation.

18. Prohibition against Contact.

Offerors are prohibited from approaching members of the Board, District employees,

sub-contractors, agents, and representatives, or any officer of the District in an attempt to gain an

advantage in the award process, after this solicitation has been formally advertised to the public

for solicitation of submittals. The District may, by written notification to the Offeror, reject an

offer for violation of this clause.

No Lobbying. So that no Offeror or Offeror’s representative will obtain a competitive advantage

over any other Offerors, every Offeror and Offeror’s representative, by participating in the

process, agrees that Offerors and Offeror’s representatives or anyone involved in the solicitation,

will not engage in any form of political or other lobbying whatsoever with respect to this

solicitation or to influence the outcome of this process. In the event of any such lobbying, the

District, at its sole and absolute discretion may at any time, but not be required to, reject any

submittal by that Offeror without any further consideration and terminate that Offeror’s right to

continue in the process. The District may also impose such conditions on that Offeror’s

continued participation in the procurement stage as the District, at its sole discretion, may

consider for the public interest or otherwise appropriate. All correspondence or contact by

interested parties with the District must be directly, and only with the designated the Purchasing

Department representative for this solicitation. Any offer may be rejected for violation of this

clause.

To ensure that all publicity is fair and accurate and will not inadvertently or otherwise influence

the outcome, Offerors and Offeror’s representatives shall not, without first obtaining the District’s

written approval: make any public announcements; communicate with the media; or otherwise,

publish or release any information with the intention that it be released to the public, concerning

this solicitation process or offers. Offerors shall ensure all of Offeror’s representatives and others

associated with the Offeror shall comply with these requirements. In the event of any such

unauthorized publicity, the District at its sole and absolute discretion, may at any time reject any

solicitation submission by that Offeror without any further consideration and terminate that

Offeror’s right to continue in the process. Any offer may be rejected for violation of this clause.

19. Evaluation Team. The District's evaluation committee shall review the offers, may request

additional information, conduct interviews, request presentations with Offerors, and contact

references, as the evaluation committee deems appropriate. The evaluation team's recommendation

of award will be based on best value. Any and all Offerors will coordinate and communicate solely

with the contact name listed on the “Advertisement for Solicitation” page.

20. Identical Offers. If the District receives two or more offers that are identical, in nature and amount,

it shall select only one Offeror from the identical offer. If only one of the Offerors submitting

identical offers is a resident of the District, that Offeror shall be selected. If two or more such

Offerors are residents of the District, one shall be selected by the casting of lots. In all other cases,

one of the identical offers shall be selected by the casting of lots (CH Legal).

21. Equivalent or Substitute Offers. Unless identified in the solicitation as “No Substitutes”,

equivalent /substitution offers will be accepted and considered provided they are equal to and meet all

specifications of this solicitation which may include all specifications of the brand used to identify the

quality of the goods and/or services requested. The District reserves the right to make the final

determination of whether an equivalent /substitution offer is equal. It is the Offeror’s responsibility to

provide, as part of its offer, descriptive literature and specification information on all

equivalents/substitutions offered.

Requests for Substitutions: Include, as appropriate, with each request, the following information:

1. Product data, drawings and descriptions of products, fabrication and installation procedures;

2. Samples, where applicable or requested;

3. A detailed comparison of the significant qualities of the proposed substitution with those of the

work originally specified. Significant qualities may include elements such as size, weight,

durability, performance and visual effect, where applicable;

4. Coordination information, including a list of changes or modifications that will become necessary

to accommodate the proposed substitution;

5. Cost information;

6. References of current users should be included;

7. If the offer is not clearly identified as alternate/substitution item(s), it is understood that the offer

is for items exactly as specified in the solicitation; and

8. Must be documented on form provided and included in offer.

22. Offeror’s Corporate Standing. The District will verify with the State Comptroller’s Office to

determine whether a taxable entity’s right to transact business in Texas is intact. If the field: Right to

transact business in Texas, indicates “Active”, the entity’s right to transact business in Texas is intact.

No purchase orders will be made to a vendor not “Active”. Entities that are subject to the franchise

tax: partnerships (general, limited, and limited liability), corporations, limited liability companies

(LLCs), business trusts, professional associations, business associations, joint ventures, incorporated

political committees, and other legal entities. TTC 171.0002 (Updated 01/03/2012).

23. Separate Contract. The District may require the selected Offeror to sign a separate, formal contract

that fully incorporates all the provisions of this solicitation, either by reference or specific inclusion.

If an Offeror proposes changes to any provision in the solicitation and/or attached contract or if the

Offeror desires additional provisions to be included in the final contract. The District reserves the

right to modify the terms and conditions of any proposed contract during negotiations with the

Offeror. Offeror’s additional provisions that require attorney review, cost incurred by the District

will be passed onto the Offeror. Changes must be documented on form provided and included in

offer.

24. Requests for Non-Disclosure of Information. If the Offeror selected for award has requested in

writing the nondisclosure of trade secrets and other proprietary data so identified, the Purchasing

Department director or designee, shall examine the request in the offer to determine its validity prior

to entering negotiations. If the information so identified is determined to meet the exceptions of the

Texas Public Information Act, it will be withheld from public disclosure; however, if, after award, a

written request is received requesting disclosure under the Texas Public Information Act, the

information will be forwarded to the Attorney General for a decision. The District will be under no

obligation to provide briefing or a position statement to the Attorney General regarding whether the

information is confidential under the Act; all such responsibility will rest with the Offeror. The

Attorney General decision about whether or not the information is protected by an exemption to the

Public Information Act will be final. If the parties do not agree as to the disclosure of data in the

contract, the Purchasing Department director or designee shall inform the Offeror in writing what

portion of the offer will be disclosed and that, unless the Offeror withdraws the offer or protests, the

submittal will be so disclosed. Information contained in offers will not be revealed to other Offerors

until after award.

25. Protest. Any Offeror who is concerned with regard to this procurement, may submit in writing

within five (5) consecutive days after the facts or occurrences giving rise thereto to the Purchasing

Department director. The Purchasing Department director shall have the authority to take any action

reasonably necessary to resolve. Any Offeror who is aggrieved with regard to this procurement, may

protest to the Purchasing Department director as per District Board Policy – GF Local, Public

Complaints.

26. Waiver. By submitting an offer, each proposer agrees to waive any claim it has or may have against

the District and its Board, directors, employees, or agents arising out of or in connection with (1) the

administration, evaluation, or recommendation of any offer; (2) any requirements under the

solicitation or related documents; (3) the rejection of any offer or any part of any offer; and/or (4) the

award, if any.

27. Definition of Terms and Acronyms.

a. CD-ROM – compact Disk, read only memory

b. District - Ysleta Independent School District

c. N/A – not applicable

d. N/R – non-responsive

e. Offer / Proposal / Statement of Qualification / Submittal – all are considered the response packet

provided by individual or company

f. Offeror / Vendor / Contractor – all are considered the individual or company providing a

solicitation response packet

g. Strikethrough – items stricken through are deletions of text/verbiage not applicable to this

solicitation

h. YISD – Ysleta Independent School District

28. Tax Exemption. Unless otherwise noted, the District is exempt from all, and shall not pay or

reimburse the Offeror with respect to any, local, state, and federal taxes.

29. Sub-contractors. Each Offeror shall include a complete list of the sub-contractors which Offeror

intends to hire. Such list shall include the legal company name. Failure to provide such list may be

grounds to declare an offer non-responsive and the District may reject the offer in whole or in part.

Must document on the form provided. If your firm does not provide the professional services listed

below, who would your firm propose as a sub-contractor for the following areas and how long have

you worked with these contractors? Other: Summarize services that are provided to the owner as part

of your firm’s basic services proposed. If no services will be provided, respond n/a


Bond-08-CSP

SECTION 2 – Questionnaire and

Response to Various Terms & Conditions

1. Executive Summary. Name of Organization

2. Executive Summary, Contact. Primary contact for this offer

3. Executive Summary. Telephone

4. Executive Summary. Facsimile number

5. Executive Summary. Email of primary contact

6. Organization, Summary

Year founded

How many years has organization been in business under its present name?

Under what other or former names has organization operated?

List company locations and number of employees.

7. Current Capacity/Workload

Provide detailed information on current workload and advise available capacity. Detailed information

will include:

Projects

Customer name

Contact person/title

Phone number

Project description

Project completion date

8. Claims and Suits. (If the answer to any of the questions below is yes, please include details.)

Has organization ever failed to timely complete any work awarded to it? If so, describe the

circumstances and parties involved, in detail.

Has your organization worked on a project where it was assessed liquidated damages? Is so, for

what, when and at what cost?

Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against

organization or its officers?

Has organization been sued, filed any lawsuits or requested arbitration with regard to any

construction contracts within the last five years?

9. Deviations from Solicitation Terms & Conditions and/or Contract. If an Offeror proposes

changes to any provision in this solicitation document and/or the attached contract or if the Offeror

desires additional provisions to be included in the final contract, the Offeror must so indicate. The

District reserves the right to modify the terms and conditions of any proposed contract during

negotiations with the Offeror. Offeror’s additional provisions that require attorney review, cost

incurred by the District will be passed onto the Offeror. The District will only recognize information

provided on the provided Deviation(s) Form. Please provide requested changes to attached contract.

Note item number and specific details of change and/or exceptions.

10. Past Relationship with District. List organization’s experience with the District within the last five

(5) years.

11. Experience. Provide information for three (3) projects, within the last five (5) years, for which you

have provided services that are most related/similar to this project. List the projects in order of

priority, with the most relevant project first.

Provide the following information for each project listed:

Project name, location, description and costs for product/service.

Professional service provider and representative who served in the contract.

Color images (attach/upload)

Initial and final cost

Initial and final schedule

Name of Project Manager

Describe cost control methods

State if your company/firm was the general contractor or the subcontractor on the project(s)

12. References. Offeror must furnish a minimum of three (3) references, from organizations and/or

businesses that has been provided with similar services or items.

The organization’s name, a contact person, telephone number, email address and a brief

description of the items and services provided are required for each reference. Failure to submit

the information may result in the offer being considered as non-responsive.

Offeror, by furnishing these references, agrees to allow the District to contact any persons and/or

organizations listed, and to utilize information obtained in evaluation of offer. The District

reserves the right to check any references known to them and to use information received from

such references in making the award.

References may not include currently employed District personnel.

13. Safety Record. Provide the National Council on Compensation Insurance (NCCI) worksheet

showing your Experience Modification Rating (EMR) from insurance company for the last twelve

(12) months. If General Contractor NCCI worksheet is unavailable provide the NCCI worksheet for

the subcontractor with the highest schedule of values. If NCCI worksheet for either the General

Contractor or the subcontractor with the highest schedule of values is unavailable provide proof of

Workman Comp insurance. Must provide.

14. Licensing/Certification (if applicable)

List jurisdictions (State) and trade categories in which your organization is legally qualified to do

business and indicate registration or license/certification numbers, if applicable.

List jurisdictions (State) in which your organization's partnership or trade name is filed.

15. Firm Bid Pricing. The District requests that the bids for this contract remain firm shall be valid and

not withdraw within a period of sixty (60) days from the date of opening thereof. Withdrawal of bid

with the stipulated sixty (60) day period may result in the forfeiture of the bid bond.

16. Personnel Assigned to the Project. For each key person, provide a brief description of individual

responsibilities, length of time with the organization, city of residence, and experience with similar

projects. Must also include proposed consultants, and its key personnel, to include past working

relationship.

17. Reviewed Required Forms. Offeror must complete and submit all forms as notated. Not utilizing

forms provided OR modifying forms may disqualify offer.

18. Payment Terms. Does Offeror adhere to the Net 30 day district payment terms with the exception of

price discounts? Indicate yes or no in vendor proposal.

19. Reviewed Exhibits. Vendor must review all exhibits notated on solicitation.

20. Discount Payment Terms. The District will consider prompt payment discounts in evaluation of

offers. Indicate discount payment terms in vendor proposal. (The District must have at least 10 days

after receipt of invoice to make payment.)

21. Franchise Tax. As an entity, are you subject to Texas franchise tax? Indicate Yes or no in vendor

proposal. If not, advise why.

22. Finalization of Contract. If a contract is required, vendor agrees to have contract finalized no later

than 60 days after award.

23. Clean Air and Water Act. USDA requires districts to comply with the Clean Air and Water Act in

contracts that exceed $100,000 funded by the Federal Government. By Offeror’s response, the offeror

affirms the following: I, the vendor, am in compliance with all applicable standards, orders or

regulations issued pursuant to the Clean Air Act of 1970 as Amended (42 U.S.C. 1857 (h)), Section

508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and

Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-

102, Attachment O, Paragraph 14(1) regarding reporting violations to the grantor agency and to the

United States Environment Protection Agency Assistant Administrator of the Enforcement.

24. Financial Information. Attach an audit financial statement, including your organization’s latest

balance sheet and income statement showing the following items:

Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued

income, deposits, materials inventory, and pre-paid expenses).

Net Fixed Assets

Other Assets

Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income

taxes, advances, accrued salaries, and accrued payroll taxes).

Other Liabilities (e.g., capital stock, authorized and outstanding shares parvalue, earned surplus,

and retained earnings).

Name and address of firm preparing attached financial statement and date thereof.

Is the attached financial statement for the identical organization named above? If not, explain the

relationship and financial responsibility of the organization whose financial statement is provided

(e.g. parent-subsidiary).

Will the organization, whose financial statement is attached, act as guarantor of the contract for

construction?

Provide name, address, and phone number for bank reference.

Surety: Name of bonding company and name and address of agent.

Payment and performance bonds for 100% of the amount of the Anticipated Construction Budget

as specified herein will be required upon execution of owner/construction manager agreement.

Include a letter of intent from the named surety company indicating your firm's ability to bond for

100% of the Anticipated Construction Budget.

Provide your firm's total bonding capacity. Identify how much of the capacity is currently

uncommitted.


Bond-08-CSP

SECTION 3 – Terms and Conditions

The Solicitation Terms and Conditions (the “ST&Cs”) are used in conjunction with and referenced in

solicitations published by Ysleta ISD (“YISD” or “District”). The Offeror is cautioned to read and

understand the terms and conditions set forth in this document prior to responding to a District

solicitation. It is recommended that a copy of this document be retained for future reference. Any

exceptions to these terms and conditions, unless otherwise directed within the solicitation, may be cause

for an offer to be disqualified.

Applicability of Terms and Conditions. Depending on the type of solicitation, these conditions are

applicable and form a part of the contract documents for equipment, goods and/or services contracts.

These conditions are also a part of the terms of each purchase order for items of equipment, goods and/or

services included in the scope of work/specifications/pricing list.

1. Award. The District reserves the right to make separate awards to more than one (1) Offeror for each

separate portion and/or unit of the project if such separate awards would, in the sole determination of

the District, constitute the best value for the District.

2. Questions. Offeror will direct all questions related to the solicitation to the contact indicated on the

“Advertisement of Solicitation” page. No contact shall be made with the District requestor unless

specifically authorized, in writing, by the Director of Purchasing. Failure to comply with this

requirement may be grounds for rejection of solicitation offer.

3. Contract. The contract documents consist of any solicitation response documents issued or received

pursuant to the processing of the solicitation, these ST&Cs, the contract included in the solicitation,

and any forms/exhibits tied to District action leading to the award. In the event of a conflict between

the solicitation scope of work and/or specifications, and the terms of the contract, the terms of the

contract shall prevail.

4. Award Contract Form Included in Solicitation. This solicitation may have a proposed contract

which the District intends to require the awarded Offeror(s) to execute in substantially the form

thereof, after appropriate completion thereof and attachment of required exhibits thereto. If any

Offeror has any objection to executing the proposed contract, the Offeror will, in its offer, identify

each provision therein to which the Offeror objects and/or such additional provisions and changes

which the Offeror desires to be incorporated into the final contract between the Offeror and the

District. Any proposed changes must be documented on the form provided and included in the offer.

5. Contract Term. The term of the contract will be as indicated in the solicitation. The ST&Cs will be

automatically included in all contracts unless written otherwise.

6. Notice of Award. Awarded Offerors will receive a “Notice of Award” letter requesting additional

information.

7. Cancellation. The District reserves the right to cancel the contract, without cause, at any time during

its term. Notice of such cancellation will be made, in writing, at least 30 consecutive days prior to the

effective date of cancellation, to the Offeror’s contact address on file with the District. It is the

responsibility of the Offeror to inform the District of any change of legal address.

8. Modification of Contract. The contract may be modified or rescinded only in writing when signed

by both parties to the contract or their duly authorized agents.

9. Nondisclosure. Offeror shall not advertise or publish, without the District’s prior consent, the fact

that the District has entered into this contract, except to the extent necessary to comply with proper

requests for information from an authorized representative of the federal, state or local government.

Offeror shall not publish, distribute, or use any information developed under or about the existence of

a purchase order, or use the District’s name, logo, trademark, for the purpose of advertising, making a

news release, creating a business reference, creating a website, or for products or service endorsement

without express prior written approval of the District.

10. Venue. The parties agree that the venue for execution of the contract or any litigation arising from

the contract shall lie in El Paso, El Paso County, Texas.

11. Immunity. Offeror acknowledges that the District is a political subdivision of the State of Texas,

and, as such, enjoys immunities from suit and liability provided by the constitution and laws of the

State of Texas. By entering into the contract, the District does not waive any of its immunities from

suit and/or liability, except as specifically authorized by law.

12. Other Applicable Laws. Any provision required to be included in a contract of this type by any

applicable and valid executive order, federal, state or local law ordinance, rule or regulation shall be

deemed to be incorporated herein.

13. Release for Delivery or Commencement of Work. Any authorization of delivery or

commencement of work listed and made part of the contract will be released via the use of a purchase

order, notice to proceed letter, or other valid written instrument. No service or delivery should be

undertaken by Offeror unless it is in response to a written request. Any service or delivery provided

without a valid written instrument will be considered a donation to the District.

14. Availability/Appropriation of Funds. The award of the contract is dependent on the availability

and/or appropriation of funding by the District’s Board of Trustees. In the event funds do not become

available or are not appropriated, the contract may be terminated or the scope amended. A written

notice will be given to the Offeror, and there shall be no penalty or removal charges incurred by the

District.

15. Gratuities. The District may, by written notice to the Offeror, cancel the contract without liability to

Offeror if it is determined by the District that gratuities, in the form of entertainment, compensation,

gifts, or otherwise, were offered or given by the Offeror, or any agent or representative of the Offeror,

to any Board member, officer or employee of the District with a view toward securing a contract or

securing favorable treatment with respect to the awarding or amending, or the making or any

determinations with respect to the performing of such a contract. In the event this contract is

canceled by the District pursuant to this provision, the District shall be entitled, in addition to any

other rights and remedies, to recover or withhold the amount of the cost incurred in securing a

contract with another Offeror.

16. Independent Business. Nothing herein shall be construed as creating the relationship of employer or

employee between the District and the Offeror or between the District and the Offeror’s employees.

The District shall not be subject to any obligations or liabilities of the Offeror or its employees,

incurred in the performance of the contract unless otherwise herein authorized. The Offeror is an

independent contractor and nothing contained herein shall constitute or designate that the Offeror or

the Offeror’s employees shall be entitled to any of the benefits established for District employees, nor

be covered by the District’s Workers’ Compensation Program.

17. Assignment. No right or interest in the contract shall be assigned nor any delegation of obligation be

made by the Offeror without the written permission of the District. Any attempted assignment or

delegation by the Offeror shall be wholly void and totally ineffective for all purpose(s) unless made in

conformity with this paragraph.

18. Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OFFEROR SHALL

INDEMNIFY, DEFEND, PROTECT AND HOLD-HARMLESS YISD, CONSULTANT, ITS

OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, AGENTS AND EMPLOYEES OF

EACH OF THEM (COLLECTIVELY, THE “INDEMNITIES”) FROM AND AGAINST ALL

CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, LIABILITIES, LOSSES AND

EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ AND CONSULTANT’S

FEES AND EXPENSES, ARISING OUT OF OR RESULTING FROM A CLAIM FOR BODILY

INJURY OR DEATH OF ANY PERSON RELATING TO OFFERORS PERFORMANCE OF ANY

CONTRACT RESULTING FROM THIS SOLICITIATION. YISD RESERVES, AND DOES NOT

WAIVE, IT’S RIGHTS OF SOVEREIGN IMMUNITY AND SIMILAR RIGHTS AND IT’S

RIGHTS UNDER THE TEXAS TORT CLAIMS ACT.

19. Patent and Copyright Indemnity. OFFEROR SHALL INDEMNIFY THE DISTRICT AGAINST

ALL LOSSES, LIABILITIES, LAWSUITS, CLAIMS, EXPENSES (INCLUDING ATTORNEY

FEES), COSTS, AND JUDGMENTS INCURRED THROUGH THIRD PARTIES CLAIMS OF

INFRINGEMENT OF ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER

INTELLECTUAL PROPERTY RIGHT. RELATING TO OFFERORS PERFORMANCE OF ANY

CONTRACT RESULTING FROM THIS SOLICITIATION.

20. Equal Employment Opportunity. The District requires compliance with executive order 11246,

entitled Equal Employment Opportunity, as amended by executive order 11375, and as supplemented

in Department of Labor regulations (41 CPF Part 60).

21. Availability of Offeror Records. The Offeror’s records which shall include but not be limited to

accounting records (hard copy, as well as computer readable data if it can be made available), written

policies and procedures, subcontract files; original estimates; (estimating work sheets;

correspondence; change order files including documentation covering negotiated settlements); back

charge logs and supporting documentation; general ledger entries detailing cash and trade discounts

earned, insurance rebates and dividends; and any other supporting evidence deemed necessary by the

District to substantiate charges related to this contract (all foregoing hereinafter referred to as

“records”) shall be open to inspection and subject to audit and/or reproduction by District’s agent or

its authorized representative to the extent necessary to adequately permit evaluation and verification

of a) contractor compliance with contract requirements, b) compliance with District’s business ethics

policies, and c) compliance with provisions for pricing change orders, payments or claims submitted

by the contractor or any of his payees.

22. Warranties. Offeror warrants the goods and/or services furnished to be exactly as specified in the

contract documents, free from defects in Offeror’s design, labor, materials and manufacture, and to be

in compliance with any drawings or specifications incorporated herein and with any samples

furnished by Offeror. All applicable Uniform Commercial Code (UCC) warranties express and

implied, are incorporated herein.

23. Insurance Requirements. Notwithstanding any other provisions in the contract, a certificate or

certificates of insurance issued in accordance with the provisions of Chapter 1811 of the Texas

Insurance Code, as same and as amended under S.B. 425, and copies of all endorsements

required hereunder shall be filed with the District prior to the signing of the Contract between

District and Offeror. Upon reques t of the Dis t r ic t , c ertified copies o r t h e

e q u i v a l e n t of all policies and endorsements shall be provided t o the District prior to or

after commencement of the Work. Certificates not complying with the provisions of Chapter

1811 (S.B.425) of the Texas Insurance Code, as same and as amended under S.B. 425, will not be

accepted. All insurance coverage will be obtained at the Offeror's expense and comply with the

following:

a. The insurance shall contain a provision that at least 30 days prior written notice shall be given to

the District in the event of cancellation, material change or non-renewal.

b. The insurance shall be underwritten by a company rated not less than A- in the Best’s latest

published guide; ratings must appear on insurance certificate(s).

c. The Offeror shall purchase and maintain in force the following kinds of insurance and bonds for

operations under construction contracts and as specified in each section.

d. Certificate of insurance will contain a statement naming the District as an additional insured party

unless in contrary to S.B. 425. (Texas Insurers only)

e. Any insured loss is to be adjusted with the owner. Such insurance shall provide for occupancy by

the owner prior to completion of final acceptance.

f. Except for workers’ compensation coverage, each insurance policy shall contain an

endorsement providing that such insurance as is afforded under Offeror's policy (including

the umbrella policy) is primary insurance as respects District and that any other insurance

maintained by District is excess and noncontributing with the insurance required hereunder.

g. If the District is damaged by the failure to maintain all required insurance, the Offeror shall

bear all such damages. The general indemnification granted by the Offeror shall not be

compromised or limited by the amount of insurance coverage.

h. Except for workers’ compensation coverage, each insurance policy required by this Contract

shall be endorsed to provide a waiver, in favor of the District, of the insurance company's

right of subrogation.

i. Limits of Cover.

Types of Coverage Limits of Liability 1. Employer’s Liability $ 500,000 each occurrence

$ 500,000 bodily injury by disease

$ 500,000 policy limit by disease

2. Comprehensive General Liability

.1 Bodily Injury $ 1,000,000 each occurrence

.2 Property Damage $ 1,000,000 each occurrence

$ 2,000,000 aggregate

3. Comprehensive Automobile Liability

.1 Bodily Injury $ 1,000,000 each person

$ 1,000,000 each occurrence

.2 Property Damage $ 1,000,000 each occurrence

4. Workers’ Compensation

For Offeror’s Employees Limits are to be in compliance with

the workers’ compensation laws of

the State of Texas.

24. Insurance Requirements and Bonds. The District's additional insurance and bonding requirements,

if any, are set forth in the attached contract.

25. Workers’ Compensation. No workers’ compensation insurance has been or will be obtained by the

District on account of Offeror or its employees or agents. Offeror shall comply with the workers’

compensation laws of the State of Texas with respect to Offeror and Offeror’s employees and agents.

A potential Offeror or the Offeror agrees to comply with state laws and rules pertaining to workers’

compensation insurance coverage for its employees. If Offeror fails to comply with the Workers’

Compensation Act and applicable rules when required to do so, the contract may be canceled

effective immediately.

26. Penalties for Non-performance. If, at any time, the Offeror fails to fulfill or abide by the terms,

conditions or specifications of the contract, the District reserves the right to:

a. Purchase on the open market and charge the Offeror the difference between the contract and

actual purchase price, and/or

b. Deduct such charges from existing invoice totals due at the time, and/or

c. Cancel the contract within 30 days written notification of intent, and/or

d. As set forth in the solicitation attached contract.

27. Senate Bill 9, Criminal History Record. Offeror and all of its employees and Offeror sub-

contractor’s employees must submit to the District proof of a satisfactory criminal record check

(CRC) of all individuals working on District property through background checks conducted as

required by Senate Bill 9 on the form provided and included in this solicitation. The information

regarding the requirements for conducting a CRC is posted on The Texas Department of Public

Safety's website, www.txdps.state.tx.us by clicking open “Crime Records” and reading “School

District Guide to Senate Bill 9”. Offeror/contractors employees and Offeror’s sub-contractors

employees must complete CRC within five (5) working days of receipt of award notification and

returned via fax, email, or the Fact Clearinghouse. Sub-contractor’s employee information must be

provided in a sealed envelope. It is the Offeror/contractors responsibility to notify the District of any

changes in personnel working on District property (i.e. termination, new hire, etc.).

28. Conflict of Interest (Texas Local Government Code Chapter 171 and 176). Board members and

Offerors have significant legal obligations regarding conflicts of interests under the referenced

statutes. Any Board member who has any substantial interest, either direct or indirect, in any

business entity seeking to contract with the District, shall, before any vote or decision on any matter

involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain

from any participation in the matter. This is not required if the vote or decision will not have any

special effect on the entity other than its effect on the public. Offeror warrants the following: that if

any potential conflict of interest, such as a relationship with a Board member, officer or employee

involved in the decision making process exists, such conflict of interest will be identified in an

enclosure to the Offeror’s offer. In addition, Board members AND Offeror/Offerors must disclose

certain other relationships under Texas Local Government Code Chapter 176, even if such

relationships may not call from abstention by the Board Member. It is the Offeror/Offeror’s

responsibility to be familiar with the provisions referenced in this paragraph and to comply with such

laws by disclosing covered relationships. Conflicts of interest must be documented on form provided

on the Purchasing Department website and included in offer.

29. No Contingent Fees. The Offeror warrants that no person or selling agency has been employed or

retained to solicit or secure the contract upon any agreement or understanding for commission,

percentage, brokerage, or contingent fee, except bona fide employees of bona fide established

commercial or selling agencies maintained by the Offeror for the purpose of securing business. For

breach or violation of this warranty, the District shall have the right, in addition to any other remedy

available, to cancel the contract without liability and to deduct from any amounts owed to the Offeror,

or otherwise recover, the full amount of such commission, percentage, and brokerage or contingent

fee.

30. Calendar Days. The consecutive number of calendar days for a project to be completed. Provided in

the RFQ and CSP-Bond/Construction solicitations. The work to be performed shall commence

within 10 days from the date of notice to proceed issued by the District.

31. Warning. Any added terms or conditions, any forms not completed, and any information not

provided may result in disqualification of a solicitation response.

32. Survival. All applicable software license agreements, warranties, or service agreements that were

entered into between vendor and customers under the terms and conditions of the contract shall

survive the expiration or termination of the contract. All purchase orders issued and accepted by order

fulfiller shall survive expiration or termination of the contract. This clause is not to exceed YISD’s

awarded fiscal year (June 30th).

33. Order of Precedence. In the event of conflict between documents, the following order of precedence

shall prevail: 1) terms and conditions set forth in a separate written contract between the parties, 2)

provisions set forth in the specifications as well as any addenda thereto 3) the solicitation instruction,

Standard Terms and Conditions contained herein, 4) any other terms, conditions, or instructions

contained in each individual purchase order, if applicable, and 5) the firm’s response to the RFQ.

34. HB 1295 House Bill 1295 requires all vendors awarded on district solicitations by the Board of Trustees

complete a Certificate of Interested Parties form. Vendors are required to complete an online form

through the Texas Ethics Commission (TEC) in order for the district to process a contract or purchase

order for products or services from awarded vendors. By providing a proposal, vendor agrees to file

form 1295 with the TEC no later than 2 business days of being notified of recommendation of award.

Failure to file within the allotted time may result in removal from award.


Bond-08-CSP

SECTION 4 – Scope of Work

Specifications

1. Proposal for Construction Contract. Offeror proposes to furnish all labor, materials and equipment

necessary to complete the entire work in accordance with the contract documents for the sum(s) stated

on the vendor proposal.

BASE BID: The Offeror agrees to perform all work required by the contract documents, which is not

specifically indicated to be bid as an alternate.

Description:_______________________________________________________________________

_______________________________________________________________________ Dollar

$________________________

ALTERNATE BID(s): If the District elects to require increases in the work specifically described in

the contract documents as “alternates”. The Offeror also understands that the District reserves the

right to accept or reject any alternate bid in the order of its choosing and to suit available funding.

Description: ____________________________________________________________________

_______________________________________________________________________ Dollar

$________________________

2. Addendums to Solicitation. Vendor acknowledges receipt of the following Addenda(s) issued

during the bidding process. Receipt is hereby acknowledged of the following Addenda:_______

_____________________________________________________________________________

3. Contract Term. The overall period of performance shall be effective within 10 days from the date of

the notice to proceed (NTP) issued by the District. The Contractor shall achieve substantial

completion on or before the number of consecutive days herein stipulated, subject to adjustments of

this contract time as provided in the contract documents. Consecutive Days: Sixty (60) Calendar

Days

4. Project Evaluation. Upon project conclusion, a project evaluation may be completed by the District.

5. Copies of Plans/Specifications Furnished to the Awarded General Contractor. The awarded

general contractor will be furnished available copies of the drawings and project manual free of

charge. Additional sets will be furnished at the cost of reproduction, postage, and handling.

6. Evaluation. Per Government Code 2269, the District will utilize a Competitive Sealed Proposal in

providing the best value for the District. In determining to whom to award, the District shall consider:

CRITERIA POINTS

Purchase price 45

Quality, experience (to include past relationship with District)

and reputation of the vendor and of the vendor’s goods and

services

40

Safety Record 5

Financial capacity is appropriate to the size and scope of the

project

5

Impact on the ability of the District to comply with laws and

rules related to historically underutilized businesses (HUB)

0

Any other relevant factor specifically listed in the request for

bids or proposals.

5

FORMS

TABLE OF CONTENTS

1 Deviations from Solicitation Terms and Conditions and/or Contract (include with all written proposals, if applicable)

2 Equivalent/Substitute Offers (include with all written proposals, if applicable)

3 Criminal Record Check (CRC) (included with all proposals when requested/required by the Purchasing Department)

4 Sub-Contractor and Major Supplier List (included with CSP-Bond/Construction, whether E-Bid or written, if applicable)

5 Certified Payroll and Statement of Prime Contractor (CSP-Bond/Construction, utilized by awarded vendors)

6 Record of Apprentice and Employee Wage Rate Interview (CSP-Bond/Construction, utilized by awarded vendors)

7 Bid Bond (included with CSP-Bond/Construction, whether E-Bid or written, if applicable)

8 Payment and Performance Bonds (included with CSP-Bond/Construction, whether E-Bid or written, if applicable)

9 W-9 Form (include with all written proposals)

FORM # 1

Deviation(s) Form (to be completed when providing a written proposal, as applicable)

Deviations from Solicitation Terms and Conditions and/or Contract: If an Offeror proposes

changes to any provision in this solicitation document and/or the attached contract or if the

Offeror desires additional provisions to be included in the final contract, the Offeror must so

indicate on this form. The District reserves the right to modify the terms and conditions of any

proposed contract during negotiations

with the Offeror. If the Offeror’s additional provisions require attorney review, the cost incurred

by the District will be passed onto the Offeror. If the Offeror provides a written proposal (not E-

Bid), the District will only recognize information provided on this form. Please provide below

any requested changes. Offeror must note item number and specific details of the change.

Item# Specific Detail of Requested Change

Utilize separate pages as required.

FORM # 2

Equivalent/Substitute Offers

Substitution Request(s) Form

Utilize this form if the product or service varies from scope of work or specifications.

1. Section 3, item # _____________.

2. Proposed substitution:

3. Substitute specifications must be attached. Include a detailed comparison of the significant

qualities of the proposed substitution with those of the work originally specified.

4. Samples will be requested by the Purchasing Department, as applicable.

5. Will the sample need to be returned?

Yes, at vendor expense ______ No, donate to district ______

Please provide address, method for shipping and account information:

Vendor name ____________________________

Signature _______________________________

Date ___________________________________

FORM # 3

Criminal Record Check (CRC) (Contact Texas Department of Public Safety – 512-424-2474 option #2)

Solicitation Title: ______________________________________________________________

Solicitation Number: ___________________________________________________________

Vendor Name: ________________________________________________________________

Start Date: __________________________ End Date: __________________________

Date of Birth

(mm/dd/yyyy) Name (last, first, middle)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19 All vendors, contractors, sub-contractors and their employees must submit to the Ysleta ISD

proof of a satisfactory criminal record history of all individuals working on District property.

This must be done through background checks conducted as required by Senate Bill 9. Prior

to beginning any work for the District, the vendors, contractors, and sub-contractors must

provide a list of employees to the District to verify criminal record checks were completed. It

is the vendors and contractors responsibility to notify the District of any changes in personnel

working on District property (i.e. termination, new hire, etc.).

FORM # 3

***VENDOR LETTERHEAD***

SENATE BILL 9 – Criminal Record Check

NOTE - This letter is to be received by the Purchasing Department within 30 days of award. A letter is to be sent each time there are changes to vendor personnel on District property. DATE: DATE TO: Ysleta ISD – Purchasing Department ATTN: Senior Buyer SUBJECT: Senate Bill 9, Criminal Record Check Approved Employee List SOLICITATION NO: SOLICITATION TITLE: COMPANY NAME has received vendor/contractor employee and sub-contractor employee criminal record check information through the Fact Clearinghouse. The following personnel are approved to perform tasks on YISD property (see attached, total pages ___) COMPANY NAME has the responsibility and will notify the District of any changes in personnel working on YISD property (i.e. termination, new hire, etc.) and ensure the criminal record check information is completed, as applicable. Regards, VENDOR NAME

FORM #4

SUB-CONTRACTOR AND MAJOR SUPPLIER LIST

Solicitation Title: ___________________________________________

Solicitation #:_______________________________________________ All sub-contractors (S/C)/suppliers, in excess of $75,000, are to be itemized here and provided with the bid proposal.

CONTRACTOR SUB-CONTRACTOR NAME PRICING

1. Electrical S/C

2. HVAC S/C

3. Plumbing S/C

4. Concrete S/C

5. Masonry S/C

6. Steel Erector S/C

7. Roofing S/C

8. Fire Sprinkler S/C

9. Fire and/or Intrusion Alarm

10. Drywall S/C

11. Acoustical Ceiling S/C

12. Floor Covering S/C

13. Ceramic Tile S/C

14. Painting S/C

15. Glass and Glazing S/C

16. Dirt Work & Paving S/C

17. Fencing S/C

18. Concrete Supplier

19. Steel Supplier

20. Finish Hardware Supplier

21. Kitchen Equipment Supplier

22. Library Equipment Supplier

23. Science Equipment Supplier

24. Athletic Equipment Supplier

25. Theater Equipment Supplier

26. Other:

27. Other:

(Use additional pages as required.)

___________________________________ ___________________

Contractor (same as on bid form) Date

FORM #5

CERTIFIED PAYROLL (Page 1)

STATEMENT AND ACKNOWLEDGEMENT

PART 1 – STATEMENT OF PRIME CONTRACTOR

FORM #6

RECORD OF APPRENTICE INTERVIEW Sensitive information. The information collected on this form is considered sensitive and is protected by the Privacy Act of 1974 (5 U.S.C. § 552a). The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained.

Project Number: Contractor/Sub-contractor:

Project Name: Employer (contractor or sub-contractor):

Name of Apprentice: Home Address and Zip Code:

Date first worked on project: Average number of hours worked on project daily:

Your hourly pay rate: $ Your apprenticeship trade and step:

Are you currently registered as an apprentice for your trade classification?

Circle one: Yes No

Sponsoring Organization:

Your Duties:

Tools or equipment used:

Do duties observed by interviewer conform to apprenticeship trade? Circle one: Yes No (If no, please explain)

Remarks (continue on back if necessary):

Name of Journeyman on project site:

Signature of Apprentice: Date of Interview:

Payroll Examination:

Remarks (continue 3rd

page): _____________________________ _________________________________ _____________ Project Manager (Print Name) Signature Date:

RECORD OF EMPLOYEE WAGE RATE INTERVIEW Sensitive information. The information collected on this form is considered sensitive and is protected by the Privacy Act of 1974 (5 U.S.C. § 552a). The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained.

Project Number: Prime/General Contractor:

Project Name: Employee’s Employer (contractor or sub-contractor):

Name of Worker/Mechanic: Home Address and Zip Code: Home/Cellular Telephone Number:

Date first worked on project: Average number of hours worked on project daily:

Your hourly pay rate: $

Your Duties:

Tools or equipment used:

Do duties observed by interviewer conform to trade classification claimed? Circle one: Yes No (If no, please explain)

Remarks (continue on back if necessary):

Work History (continue on back if necessary):

Signature of Employee: Date of Interview:

Payroll Examination: Remarks (continue on 3

rd page):

_______________________________ ___________ Project Manager (printed) Signature Date

Remarks (Page 3 Continued):

FORM # 7 BID BOND

FOR

CONSTRUCTION CONTRACTS

DATE OF BID DATE BOND EXECUTED

PRINCIPAL (Here insert full name and address or legal title of Contractor)

SURETY (Here insert full name and address or legal title of Surety)

SUM OF BOND (Express in words and figures)

KNOW ALL PERSONS BY THESE PRESENTS: That we, the PRINCIPAL and SURETY

above named, are held and firmly bound unto the BOARD OF TRUSTEES OF THE YSLETA

INDEPENDENT SCHOOL DISTRICT, hereinafter called the Owner, in the sum of the amount

stated above, for the payment of which sum well and truly to be made, we bind ourselves, our

heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted

the accompanying Bid, dated as shown above, for


Bond-08-CSP

NOW THEREFORE, if the Principal shall not withdraw said bid within the period specified

therein after the opening of the same, and shall within the period specified therefore, or, if no

period be specified, within ten (10) days after the prescribed forms are presented to him/her for

signature, execute such further contractual documents, if any, may be required by the terms of

the bid as accepted, and give bonds for good faithful performance and proper fulfillment of the

resulting contract, and for the protection of all persons supplying labor and material in the

prosecution of the work provided for in the contract, or in the event of the withdrawal of said bid

within the period specified, or the failure to enter into such contract and give such bonds within

the time specified, if the Principal shall pay the Owner the difference between the amount

specified in said bid and the amount for which the Owner may procure the required work,

supplies, and service, if the latter amount be in excess of the former, then the above obligation

shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their

several seals on the date indicated above, the name and corporate seal of each corporate party

being hereto affixed and these presents duly signed by its undersigned representative, pursuant to

authority of its governing body.

CERTIFICATION AS TO AUTHORIZED PERSON

I, , certify that I am

the of ; (the

“Company”) named as Principal in the within bond; that _____________________________,

who signed the said bond on behalf of the company, as Principal, was then

_________________________________ of the Company; that I know that person's signature

thereon to be genuine; and that said bond was duly signed, sealed and attested for and in behalf

of the Company by authority of its governing body.

FORM # 8

INSTRUCTIONS

PAYMENT AND PERFORMANCE BONDS

(as applicable)

1. The name, including full legal name, and business or residence address of each individual party to the bond

shall be inserted in the space provided therefore, and each such party shall sign the bond with his/her usual signature

on the line opposite his/her seal.

2. If the Principals are partners, their individual names shall appear in the space provided therefore, with the recital

that they are partners composing a firm, naming it, and all the members of the firm shall execute the bond as

individuals and as co-partners.

3. If the Principal or Surety is a corporation, the name of the state in which incorporated shall be inserted in the

space provided therefore, and said instrument shall be executed and attested under the corporate seal as indicated in

the form. If the corporation has no corporate seal the fact shall be stated, in which case a scroll of adhesive seal

shall appear following the corporate name.

4. The official character and authority of the person or persons executing the bond of the Principal, if a

corporation, shall be certified by the Secretary or Assistant Secretary, according to the form herein provided. In lieu

of such certificate there may be attached to the bond copies of so much of the records of the corporation as will

show the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary,

under the corporate seal, to be true copies.

5. THE DATE OF THE BOND MUST NOT BE PRIOR TO THE DATE OF THE INSTRUMENT IN

CONNECTION WITH WHICH IT IS GIVEN.

PAYMENT BOND

FOR


BUILDING CONSTRUCTION CONTRACTS

SURETY BOND NO.

STATE OF TEXAS

COUNTY OF

KNOW ALL PERSONS BY THESE PRESENTS: That we, (Here insert full name and address or legal title of Contractor)

as Principal, hereinafter called Contractor, and (Here insert full name and address or legal title of Surety)

as Surety, hereinafter called Surety, are held and firmly bound unto the Ysleta Independent School District as

Obligee, hereinafter called the Owner, in the amount of

Dollars ($ ), for payment whereof, the said Principal and Surety bind themselves,

their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The conditions of this obligation are such that whereas the principal has by written agreement dated the day

of , 20 , entered into a contract with the Owner for the construction of:


Bond-08-CSP

in accordance with Drawings and Specifications prepared by

ASA Architects. 519 E. Rio Grande, El Paso, TX. 79902 Genaro R. Mier, AIA

which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payments to

all claimants as defined in Chapter 2253 of the Texas Government Code, as amended, of all persons supplying labor

and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void,

but otherwise it shall remain in full force and effect.

In the event Contractor fails to promptly pay when due persons who have supplied labor, materials, or supplies used

in the performance of the said Contract, Surety will, upon receipt of notice from the Owner or a claim in the form

required by law, satisfy all undisputed balances due, and make arrangements satisfactory to the interested parties to

resolve all amounts disputed in good faith, but in no event shall the liability of the Surety for the Contractor's failure

to promptly pay for labor, materials, or supplies exceed the penalty of this bond.

The Surety agrees to pay to the Owner upon demand all loss and expense, including attorney's fee, incurred by the Owner by

reason of or on account of any breech of this agreement by Surety.

Provided further, this bond is made and entered into 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, Texas Government Code.

For value received, Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the

Contract or to the Drawings and Specifications accompanying the same shall in anywise affect its obligation on this bond,

and it does hereby waive notice of any such change, extension of time, alteration or addition.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this

day of in the year 20 , the name and corporate seals of each corporate party being

hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

ATTEST: (Seal)

By: (original signature)

(name and title typed)

PRINCIPAL

By: (original signature) (seal)


SURETY'S TEXAS RESIDENT AGENT



(company)

(address)

(telephone)

Proof of Resident Agency Attached [ ]

SURETY



SURETY HOME OFFICE SERVICING AGENT

(name)

(title)

(address)

(telephone)

PERFORMANCE BOND

FOR


BUILDING CONSTRUCTION CONTRACTS

SURETY BOND NO.

STATE OF TEXAS

COUNTY OF

KNOW ALL PERSONS BY THESE PRESENTS: That we,

as Principal, hereinafter called Contractor, and

as Surety, hereinafter called Surety, are held and firmly bound unto the Ysleta Independent School District as

Obligee, hereinafter called the Owner, in the amount of

Dollars ($ ), for payment whereof, the said principal and Surety bind themselves,

their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The conditions of this obligation are such that whereas the principal has by written agreement dated the day

of , 20 , entered into a contract with the Owner for the construction of:


Bond-08-CSP

in accordance with Drawings and Specifications prepared by

ASA Architects. 519 E. Rio Grande, El Paso, TX. 79902 Genaro R. Mier, AIA

which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW THEREFORE, the condition of this obligation is such that, if the Contractor shall faithfully perform the

Contract in accordance with the Plans and Specifications and Contract Documents, and shall fully indemnify and

save harmless the Owner from all cost and damage which the Owner may suffer by reason of the Contractor's

default or failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner

may incur in making good any default, then this obligation shall be null and void, otherwise it shall remain in full

force and effect.

In the event the Contractor is declared in default under the Contract, Surety will within Fifteen (15) days of the

Owner's declaration of such default take over and assume completion of said Contract and become entitled to the

payment of the balance of the Contract Price. Conditioned upon the Surety's faithful performance of its obligations,

the liability of the Surety for the Contractor's default shall not exceed the penalty of this bond.

The Surety agrees to pay to the Owner upon demand all loss and expense, including attorney's fee, incurred by the

Owner by reason of or on account of any breech of this agreement by Surety.

For value received, Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the

Contract or to the Drawings and Specifications accompanying the same shall in anywise affect its obligation on this

bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

Provided further, that if any legal action be filed upon this bond, venue shall lie in El Paso County, State of Texas.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this

day of in the year 20 , the name and corporate seals of each corporate party

being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its

governing body.

ATTEST: (Seal)



PRINCIPAL



SURETY'S TEXAS RESIDENT AGENT



(company)

(address)

(telephone)

Proof of Resident Agency Attached [ ]

SURETY



SURETY HOME OFFICE SERVICING AGENT

(name)

(title)

(address)

(telephone)

FORM #9

Exhibits

1 Insurance Sample

2 Fraud, Waste, and Abuse Hotline Information (must be hung at all construction sites)

3 Safety Plan for Contractors

4 Construction Wage Rates

5 AIA Contract, A101,2007 – Standard Form of Agreement Between Owner and Contractor

6 AIA Contract, A201-2007 – General Conditions of the Contract for Construction

EXHIBIT 1

EXHIBIT 2

EXHIBIT 3


Safety Plan for Contractors

Implemented 5/18/06 Revised 2/20/2007 FV

TABLE OF CONTENTS

Statement of Policy

The Ysleta Independent School District’s goal and, thereby, the goal of all contractors,

employees, and visitors on the work site is to prevent accidents and to provide a safe and

healthy work environment. It is expected that all personnel on the work site will also be

committed to that end.

Introduction

The Occupational Safety and Health Act (OSHA), state and city safety regulations and

any other safety codes including the District’s safety regulations are part of the

contract. The ultimate responsibility for providing a safe place to work rests with each

individual contractor and their employees. Regulatory compliance is the responsibility of

each contractor. This manual is not to be construed as superseding OSHA, state, local, or

Ysleta Independent School District regulations.

This project safety manual is considered complimentary to the contract documents and

local, state and federal laws. All contractors shall, and are required to ensure that their

employees, subcontractors, suppliers, vendors, and visitors, comply with the provisions of

this manual. Non-compliance with safety requirements may result in work stoppage or

removal of the employee(s) from the work site. Any willful or repeated non-compliance may

result in contractor dismissal.

Administration and Responsibilities Definitions

Contractor - Project manager, general or prime contractor, working on the site.

Competent Person - Defined by OSHA, 29 CFR 1926.32(f) as one who is capable of

identifying existing and predictable hazards in surroundings or working conditions which are

unsanitary, hazardous, or dangerous to employees, and who has authority to take prompt,

corrective measures to eliminate them.

Contractor Officer - An official representative of the contractor or contracting firm with

specific authority to act on their behalf and/or in connection with a specific project.

District - Ysleta Independent School District or YISD.

Drugs - Any non-prescription narcotics and illegal drugs, including marijuana, related drug

paraphernalia, and look alike (simulated) drugs.

District Premises - Includes property, offices, facilities, land, building structures, fixtures,

installations, automobiles, vessels, trucks, and all other vehicles and equipment owned and/or

operated by the District.

Imminent Danger - As defined by OSHA, a condition or action that presents an immediate

life threatening or severe injury situation.

Medical First Responder - An individual with a recognized degree, certificate, or

professional standing; or who by extensive knowledge, training and experience, has

successfully demonstrated his/her abilities to identify and solve or resolve problems

associated with a medical emergency and will respond to such emergencies.

Permit - A written document issued by the appropriate governmental authority permitting

construction to begin on a specific project in accordance with drawings and specifications

approved by the governmental authority.

Project - A word used to represent the overall scope of work being performed to complete a

specific construction job.

Project Manager (Supervisor) - A qualified individual or firm authorized by the contractor

to be responsible for coordinating time, equipment, money, tasks and people for all or

specified portions of a specific project.

Qualified - An individual or firm with a recognized degree, certificate, or professional

standing; or who by extensive knowledge, training and experience, has successfully

demonstrated his/her abilities to identify and solve or resolve problems associated with a

specific subject matter or project type.

Sub-Contractor - An individual or firm employed by the contractor to perform a specific

construction project in accordance with approved drawings and specifications.

Vendor - An individual or firm who supplies and/or fabricates materials or equipment for a

specific portion of a construction project but does not perform any labor on the project.

Work Site - The place where a structure or group of structures was, or is to be located. The

area within the perimeter of the fencing which has been erected to provide a barrier between

the work performed and the general public.

Contractor

OSHA requires that all contractors initiate and maintain effective safety programs.

Contractors are responsible for establishing, implementing and maintaining their safety

programs in compliance with all applicable federal, state, local and District standards and

regulations. In addition, the contractor is responsible for monitoring the programs of their

subcontractors and vendors.

Most construction safety standards will be under 29 CFR, part 1926. Additional safety

standards may be covered under 29 CFR, Part 1910 - General Industry Safety Standards. All

contractors are required to comply with all applicable Health and Safety Standards under

both 1910 & 1926 in addition to any regulations and standards from the National Electrical

Code and the National Fire Protection Association, as applicable.

Safety programs are to provide for frequent and regular inspections of work areas, materials,

and equipment. Deficiencies or problems will be noted and corrected prior to operation.

Documentation of inspections will be kept for the duration of the project and should be

available for District inspection.

Each contractor must post an OSHA Job Safety and Health Protection poster in a prominent

location at the project site.

An OSHA prescribed Log and Summary of Occupational Injuries and Illnesses must be

maintained by each contractor.

All fatality cases and/or accidents in which three or more employees are hospitalized must

comply with current OSHA reporting standard. Additionally, the contractor shall notify, the

work-site campus’ front office, the District’s Facilities and Construction Department

(915-434-0090), and the District’s Safety and Security Department (915-434-0195)

immediately upon any accidents in which emergency services such as 911 is activated

Convicted Felon or Sex-Offender

The contractor and/or sub-contractors will not allow a convicted felon or registered sex-

offender to work on or report to any construction work-site that is located on any District

property.

Safety Pre-Construction Meeting -

Prior to beginning work at the site, the contractor’s site supervisor and the contractor’s safety

manager shall attend a project safety conference with the District's representative(s).

The contractor shall designate a safety representative (either an employee or a supervisor

with authority to enforce safety performance, regardless of manpower status). The contractor

will be required to have a full-time qualified safety supervisor on the site if that contractor's

work force exceeds 49 employees at any time during the contract. Depending upon the level

of risk posed by the contract and the contractor's work experience and/or safety performance,

the requirement for a full-time safety supervisor may be invoked at any employee level at the

District's discretion. The contractor shall submit to the District by the time of the

pre-construction meeting a list of emergency and after-hours contacts for all site supervisors,

sub-contractors and vendors.

Should an imminent danger condition be discovered by anyone working on or inspecting the

site, all work in the area of the danger shall be stopped immediately and remain stopped until

corrections are effected. The contractor shall submit to the District within seven (7) working

days, a full account following the stoppage of work, detailing any corrective actions. The

contractor is responsible for notifying the District’s representative from the Facilities and

Construction Department and ensuring that immediate action is taken to eliminate all unsafe

acts and/or conditions. If the contractor delays or refuses corrective action, the District may

elect to do the following:

Immediately cease operations;

Stop payment for the work being performed;

Correct the situation and back-charge the contractor for expenses incurred; and/or

District reserves the right to inspect the site before the contractor resumes operations.

Any contractor's manager, supervisor, or other person in charge that requires, condones, asks,

or allows employees to work in an unsafe manner or in unsafe conditions shall be

immediately removed from the project site.

The contractor will provide each employee a general list of safety rules and precautions,

approved by the contractor’s competent person, at an initial employee jobsite orientation and

obtain a signed statement of receipt and understanding.

General Training Requirements

Each contractor is required to provide regular and continuing safety, health, and

environmental training for all their employees and to monitor their sub-contractor training

programs. The contractor shall provide written notice to the District’s Facilities and

Construction Department on a weekly basis unless other wised approved by the District.

All employees absent from the regular and continuing training shall receive the training

missed within 5 working days of their return to the work site.

Work Assignment

All work assignments, regardless of the level of activity, will include specific attention to

safety.

Orientation

Newly employed, promoted, and/or transferred personnel shall be fully instructed in the

safety practices required by their assignments. All employees will receive orientation prior to

starting work. Visitors will receive orientation prior to leaving the office area or be escorted

while on the site. Initial instructions for new site personnel will include discussion of the

site's basic safety regulations and restrictions of contact with any student.

The initial indoctrination is to be performed by the contractor's qualified trainer as a part of

the initial site orientation. Proof of such training must be documented and kept on site and a

copy provided to the District’s Facilities and Construction Department.

At a minimum, the orientation should address the following:

Accident reporting

Reporting of unsafe acts or

conditions

How to obtain first aid

Hazard communication standard

requirements

Personal protective equipment

Drug and alcohol procedures

General safety rules and

responsibilities

Fire protection and exit procedures

for the work area

Safety procedures unique to each

job

Safety incentive program

Environmental release procedures

Mold awareness

Asbestos awareness (AHERA)

Asbestos Hazard Emergency

Response Act – 40 CFR 763

Lead awareness

Working around heavy equipment

Awareness- District’s Emergency

Response Team.

How to respond to the campus

evacuation.

Fencing

All work-site fence must be kept in good repair and free of any debris. All openings must be

secured at the end of the day. Any opening which is created on a temporary basis to access an

area outside of the work-site MUST be secured when not physically attended by the contractor.

Work-sites inside buildings, classrooms, hallways or in areas in which students have direct

access MUST have an appropriate approved physical barrier.

All physical barriers and fencing must be maintained for the duration of the project.

Identification Badges

All personnel on the work site shall wear a contractor issued identification badge that clearly

identifies that person as an employee of the contractor or one of its sub-contractors. The badge

should at a minimum, have the name of the person, the company they work for, the work site

they are assigned to, and the job function or title.

Visitors, vendors, and any other person authorized to be on the work site, shall obtain a “Visitor

Badge” from the contractor’s work site office before proceeding onto the work site.

All identification badges shall be worn on an outer piece of clothing and be clearly visible.

Emergency Action and Medical Procedures

Emergency telephone numbers shall be posted at all contractor telephones and an emergency

contract list shall be provided to the District’s Facilities and Construction Department, the work-

site campus’ front office administration and the District’s Safety and Security Department, prior

to work commencing at the work site.

In the event of a serious injury, the contractor’s medical first responder should render first aid to

any accident victim(s) and shall immediately call 911. The contractor shall comply with proper

notification procedures as previously mentioned in this document under the “Contractor” section

above.

The District will determine when and how to address the media and make other decisions critical

to the communication of information to the news media.

Visitors on Work-Sites

All architects, engineers, District personnel and visitors shall do the following:

Abide by all safety rules;

Inform construction site superintendent before entering a construction site;

Check in with the job-site supervisor so personal protective equipment may be provided

such as hard hats, eye protection, hearing protection devices, and/or steel toed boots when

necessary; and

Obtain the required “Visitor Badge” and display it in the proper method (see

“Identification Badges” section above).

Supervisory Control

Each contractor shall conduct and document daily inspections of each work-site area to control

unsafe conditions and practices.

Equipment and Facilities

All contractors shall operate, inspect and maintain equipment and facilities as directed by this

plan, as dictated by applicable federal, state, local, and District safety and health regulations, and

as recommended by equipment manufacturers. In the event of conflict, the more stringent

requirements will take precedence.

General Safety Practices

As previously stated in this document, the contractor is responsible for adherence to all

applicable standards and regulations of OSHA, the State of Texas, the City & County of El Paso

and the District. Special attention should be given to the following standards as they will have

direct impact on the campus.

Housekeeping

Work areas, passageways and stairs, in and around the buildings and structures, shall be kept

clear of debris and clearly marked. Project materials shall be stored in an orderly manner.

Storage areas and walkways on the work-site shall be maintained free of dangerous depressions,

obstructions, trash and debris. Any dangerous depressions, obstructions, trash, trip hazards or

debris that cannot be removed or remediated, shall be clearly marked with “caution tape” and/or

a physical barrier placed around it. Equipment shall be stored or placed in an orderly manner

and in compliance with federal, state, local, and District regulations.

Concrete, Concrete Forms, and Pre-cast Concrete Materials

In addition to 29 CFR 1926, Subpart Q, all equipment and materials used in concrete

construction and masonry work shall meet the applicable requirements as prescribed in ANSI-

AI0.9-1970 "Safety Requirements for Concrete Construction and Masonry Work."

Excavation Permits

An excavation permit is required for any excavation, digging, trenching, or drilling. The

contractor’s competent person will initiate the excavation permit and forward a copy to the

District's Facilities and Construction Department personnel. When the excavation operation has

been completed, the excavation permit will be maintained and retained by the contractor.

Special Precautions - All underground utilities shall be located in advance of excavation and

provisions made for their protection.

Personal Protective Equipment (PPE)

29 CFR 1926, Subpart E will govern the use and maintenance of PPE, but any personal

protective equipment which has been altered in any manner so as to reduce its effectiveness shall

not be allowed on the construction site.

Smoking or the use of Tobacco products

Smoking and the use of tobacco products will not be permitted on any District property in

accordance with District regulation DHE-R and the Vernon’s Texas Codes Annotated, 48.01 –

Smoking Tobacco.

Portable Fuel Tanks on the Work Sites

The location of portable fuel tanks will be determined with collaboration from the District’s

Facilities and Construction Department designee and the District’s Environmental Services

Department designee.

Hazardous Material

Contractors, who may be expected to utilize a material that could be classified as

hazardous waste, shall provide the District’s Facilities and Construction Department a

copy of their waste manifests and other relevant documentation following disposal at a

state or federally approved disposal facility. Documentation should be kept at the jobsite

and must be available for inspection by the District.

Contractors who dispose of hazardous waste will perform and document an audit of each

disposal site.

All hazardous waste will be properly labeled and stored in areas designated for that

purpose.

No material is to be abandoned on the site. If material is found on the site, the contractor

leaving the material will be responsible for all expenses involved in remediation and

disposal of such.

No hazardous waste transporters, disposers, recyclers, or scavengers will be allowed on

the site without the permission of the District’s Facilities and Construction Department or

designee.

No waste may be brought onto the site and disposed of using the District's systems or

facilities.

The contractor shall submit to the District’s environmental engineer a spill response and

pollution (SPCC) plan to address any unexpected spills or overflows.

Hazard Communication

In addition to 29 CFR 1926, Subpart Z, the following are also required.

Hazard Substances Inventory

The contractor shall maintain a chemical inventory using the common name used of the

Material Safety Data Sheets (MSDS) or container label, the quantity on site, and their

location. This list shall be made available to the District upon request and an updated

inventory included with monthly pay applications.

Material Safety Data Sheets (MSDS) In addition to maintaining the hazardous material list, contractors must maintain the most

current material safety data sheets provided by manufacturers and distributors. Should the

contractor not receive an MSDS from the manufacturer or distributor, one must be

requested in writing. Copies are to be available at the work site for review by any

employee, regulator or District representative. A copy of all MSDS’ shall be provided to

the District upon request and updated copies shall be provided with monthly pay

applications.

Motor Vehicles and Heavy Equipment

Vehicles and equipment brought on to the work-site shall be inspected, tested, and certified to be

in safe operating condition. The inspection, test, or certifying document must be available for

review. All motor vehicles shall be equipped with the following equipment in good operable

condition, including:

Adequate brake system, emergency brake system, and brake lights

Two headlights and two taillights

Horn

Seat belts (use is mandatory)

Good tires

Windshields, powered wipers and defrosters

Rearview mirror when applicable

Fuel caps

Fire Extinguisher (minimum 5 pound)

First-aid kit

If a contractor MUST access a work-site which is not immediately accessible by a public/private

or paved roadway the contractor must wait until all students are inside the campus and there are

no outdoor student activities (prior to the arrival of students or after school hours). No vehicle

movement will be allowed outside the fenced work-site boundaries during outdoor student

activities unless prior approval is given by the District’s Facilities and Construction Department

designee.

A walking escort shall be provided and accompany any vehicle or motorized piece of equipment

that is moved on campus grounds when that movement is not within the fenced boundaries of the

work site.

Any damage done to the existing sprinkler systems shall be at the cost of the contractor for

correction.

All contractors MUST provide means to ensure the protection of the environment from possible

vehicle fluid leaks. Any contamination shall be remediated immediately at no expense to the

District.

No vehicle shall be driven at a speed greater than a posted speed limit of 5-10 mph for the

property. Regard for weather, traffic, width of intersections, character of the roadway, type of

motor vehicle, and other existing conditions may reduce this maximum speed limit.

An accessible fire extinguisher of 5 BC rating or higher shall be available to the operator of

equipment and vehicles.

Rollover protection (ROPS) as specified by OSHA is required for all applicable equipment

operated on the project. Grandfather clauses will not be accepted.

All motor vehicles shall have a current State inspection sticker.

Safety of District Employees, Students and the Public

In addition to the standards imposed by 29 CFR 1926, Subpart G, the following is required when

overhead work will be done above an active sidewalk or path.

All necessary precautions shall be taken to prevent injury to the public or damage to property of

others. Precautions to be taken shall include, but are not limited to, the following:

Work shall not be performed in any area occupied by the District or public unless

specifically allowed by the work contract with the District.

When it is necessary to maintain public use of work areas involving pedestrian ways and

vehicular roadways, contractors shall protect the public with appropriate shields, signage,

barricades, guardrails, adequate visibility, and entrance/exit.

Appropriate warnings and instructional safety signs shall be conspicuously posted. In

addition, a signal person shall control the movement of motorized equipment in areas

where the public might be endangered.

A temporary fence shall be provided around the perimeter of above ground operations

adjacent to public areas. Perimeter fences shall be at least 6 feet high.

Barricades shall be provided where required between work areas and walkways unless

fences, guardrails, or sidewalk sheds have been used. Barricades shall be secured to

prevent accidental displacement and shall be maintained except where temporary removal

is necessary to perform the work. During the period a barricade is temporarily removed

for the purpose of work, a person on watch duty shall be positioned at each opening in the

barricade.

Temporary sidewalks shall be provided when a permanent sidewalk is obstructed by a

contractor’s operation.

Warning and security lights shall be maintained from dusk to sunrise around excavations,

barricades, or obstructions in designated areas.

Illumination shall be provided from dusk to sunrise for all temporary walkways.

Roadway Work

All work on, or adjacent to, existing public and work-site roadways, shall be performed in

conformance with the requirements of ANSI D6.1-1971, Manual on Uniform Traffic Control

Devices for Streets and Highways.

Demolition

Whenever there is to be any demolition, the contractor will be required to ensure that the

necessary permits are obtained and the contractor is to be in compliance with any applicable

federal, state, or local regulation or statutes. 29 CFR 1926, Subpart T, will govern the procedures

with regard to demolition.

Utilities

Prior to demolition, all utilities shall be identified, disconnected, and locked out so that workers

will not be injured by electrical energy, natural gas or other energy sources.

Processes All processes normally operating within the structure to be demolished shall be shut down, all

process chemicals properly disposed of, and lines thoroughly purged.

Dust Control

Whenever demolition operations are expected to produce dust, water or other environmentally

acceptable materials, appropriate fencing will be used to control the dust.

Environmental Exposures

In addition to the required compliance with 29CFR 1926, Subpart D, the following is requested

by the District:

Unforeseen or hidden contaminants may still exist in building structures, which require

proper identification, containment and abatement. Contractors will coordinate all

demolition and renovation activities with the District’s Facilities and Construction

Department designee.

Asbestos, lead, mold, regulated or hazardous wastes not in the scope of work, shall be

identified and removed by District approved licensed contractors only. All removal of the

aforementioned contaminants will be coordinated through the District’s Facilities and

Construction Department designee.

The District’s Asbestos Management Plan ensures that all employees and building

occupants shall be properly protected from exposure, by identifying how environmental

contamination is to be abated and contained. Contractors will ensure that their employees

are trained in an AHERA (40 CFR 763.92) two hour awareness course annually before

entering the work site. Documentation of contractor training will be submitted to the

District’s Facilities and Construction Department designee.

All contractors are required to review each facility management plan where work is

scheduled to take place. In addition, contractors are required to complete the AHERA

(Asbestos Hazard Emergency Response Act, 40 CFR 763) review form located in each

management plan and submit the signed forms to the District’s Facilities and

Construction Department designee.

The District’s Facilities and Construction Department designee will review and approve

all permits and waste manifests prior to submittal to federal, state, and local agencies.

Campus Interaction

In areas where contractor's work must interact with current operations, the campus administrator

will be contacted prior to commencing work. All work will be planned and coordinated with the

District’s Facilities and Construction Department designee at every step of the interaction

activity. Contractor personnel shall abide by all safety procedures while within the area.

Employer's Safety and Health Program

Assignment of Responsibility

The contractor will have a safety designee, on-site, that is knowledgeable and accountable for all

on-site safety activities. Supervisors' (including foremen) will ensure that the safety and health

requirements are understood and that the employees adhere to safety rules, including but not

limited to, the identification and control of hazards; training and education; recordkeeping; first

aid and obtaining medical assistance.

Substance Abuse Prevention Program

The contractor shall have a written drug and alcohol program consistent with federal, state and

local regulations, available for viewing on-site and shall enforce that procedure during the

performance of work. The following rules and procedures as outlined below, shall also apply.

Policy

The safety of all personnel and quality of work is of paramount concern. The following activities

are regarded as completely inconsistent with achievement of these objectives;

Being under the influence of drugs or alcohol while on the jobsite;

Use of illegal drugs or alcohol while on the jobsite;

Possession of illegal drugs or alcohol on the jobsite;

Distribution of drugs or alcohol on the jobsite; and

Presence of illegal drugs or alcohol in vehicles, offices, or other work locations.

This program shall apply to contractors, all regular full time, part time, casual and contract

employees, as well as sub-contractors and vendors. Entry onto the work-site constitutes consent

to the right of the District or authorized representative to enforce any aspect of this Substance

Abuse Prevention Program.

Prescription Drugs

The contractor recognizes that employees may report to work while taking medications

prescribed by a physician. Employees should discuss the potential side effects of medications

with their physician. Employees using prescribed medication that could produce side effects

shall notify their supervisor and/or designated site safety personnel.

Employees shall not report to work while under the influence of any drug, intoxicant, or other

substance that will in any way adversely affect their working ability, including their alertness,

coordination or safety.

Special Conditions - Drug Screening Test

All employees or agents of contractors will be required to take part in a drug screening test, by a

NIDA-certified laboratory, and have results of “negative findings” prior to commencing work

(including orientation) on the site. The drug screening test shall, at a minimum, require each

employee to produce his or her urine sample. The District will not bear the cost and expenses

associated with drug screening.

In accordance with the District's Substance Abuse Prevention Program, the urine sample will be

tested for the following substances and any other drugs deemed appropriate for the period of

testing:

Cocaine Metabolite Amphetamines Methaqualone Barbiturates

Opiates Benzodiazepine Phencyclidine Cannabinoids

Alcohol

Any person employed or hired by any contractor who produces a confirmed positive test result

will be prohibited from entering the property under the District's control.

Statistics from drug testing results (summary only) will be provided to the District upon request.

Alcohol, Tobacco & Firearms

All contractors, vendors, and sub-contractors are required to adhere to all federal, state and local

statues regarding the possession of firearms, smoking or alcohol consumption on school

premises.

Contractors and the District will not tolerate the use, possession, or distribution of alcoholic

beverages or drugs on the property, nor the presence of any person under the influence of drugs

or alcohol. Accordingly, persons who appear to be under the influence, or who use, possess or

distribute alcohol or drugs on the jobsite will be directed to leave the District's property and not

return until the person's employer can certify to the District that the employee has passed a drug

test and/or non-invasive test for alcohol within two hours.

In keeping with all applicable local, federal, state and District policies no employee contractor

employee having been convicted of DWI or DUI shall be allowed to operate equipment or

vehicles.

Other Applicable OSHA Standards

The following list is some of the more common OSHA standards from 29CFR1926, and is in no

way intended to represent the only standards applicable. Contractors and sub-contractors will

adhere to all applicable OSHA standards which govern the type of work being performed.

Electrical Safety - Subpart K

Crane Safety - Subpart N

Confined Space Entry

Environmental Health and Safety - Subpart C, Subpart D

Lock-Out/Tag-Out/Try-Out 29CFR1926.417

Welding, Cutting, and Burning - Subpart J

Personal Protection - Subpart E

Ladders - Subpart X

Fire Protection - Subpart F

Scaffolding - Subpart L

Floor and Wall Openings - Subpart R

Fall Protection Requirement - Subpart M .760

Steel Erection - Subpart R

Excavation and Trenching - Subpart P

Other Contractor Requirements

Contractors shall be responsible for insuring that their subcontractors and vendors have adequate

liability coverage and comply with all District Regulations to include the safety plan for

contractors.

District Contact Phone Numbers

Administration 915-434-0000

Environmental Health Coordinator 915-434-0168

Facilities and Construction Department 915-434-0090

Safety and Security Department 915-434-0195

EXHIBIT 4

General Decision Number: TX160295 03/18/2016 TX295

Superseded General Decision Number: TX20150295

State: Texas

Construction Type: Building

County: El Paso County in Texas.

The following hourly wage rates will be paid for general building and school construction. The wage rates and standard job classification contained herein were officially adopted by the Ysleta Independent School District (YISD) Board of Trustees on May 11, 2016. The uniform use and reporting of these on the payrolls of contractors and subcontractors is extremely important to assist the owner in the administration of this contract. Employees performing two or more jobs for a substantial period of time during the course of a day should be properly classified and shown on the payroll in all of the different jobs performed. The corresponding wage rates for the different classifications, as well as the time worked in each one should be shown on the payroll records and care should be taken that all employees of the contractors and subcontractors are paid not less than the minimum scale shown in this contract. Both the wage rates and job classifications and a copy of the YISD Fraud, Abuse and Waste Hotline must be posted at each construction site.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes or

apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for

calendar year 2016 applies to all contracts subject to the Davis-Bacon Act

for which the solicitation was issued on or after January 1, 2015. If this

contract is covered by the EO, the contractor must pay all workers in any

classification listed on this wage determination at least $10.15 (or the

applicable wage rate listed on this wage determination, if it is higher) for

all hours spent performing on the contract in calendar year 2016. The EO

minimum wage rate will be adjusted annually. Additional information on

contractor requirements and worker protections under the EO is available at

www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/08/2016

1 03/18/2016

BOIL0074-003 01/01/2014

Rates Fringes

BOILERMAKER......................$ 23.14 21.55

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ELEC0583-001 12/01/2014

Rates Fringes

ELECTRICIAN (Excludes Low

Voltage Wiring and

Installation of Alarms/HVAC

Temperature Controls)............$ 21.56 5.25% + $6.65

9600 Sims Drive • El Paso, Texas 79925 • 915-434-0285

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ENGI0178-005 06/01/2014

Rates Fringes

POWER EQUIPMENT OPERATOR

(1) Tower Crane.............$ 29.00 10.60

(2) Cranes with Pile

Driving or Caisson

Attachment and Hydraulic

Crane 60 tons and above.....$ 28.75 10.60

(3) Hydraulic cranes 59

Tons and under..............$ 27.50 10.60

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IRON0084-011 06/01/2015

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 23.02 6.35

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PLUM0412-001 04/01/2013

Rates Fringes

PLUMBER (Including HVAC Pipe

Installation)....................$ 31.14 12.43

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* SFTX0669-002 01/01/2016

Rates Fringes

SPRINKLER FITTER (Fire

Sprinklers)......................$ 27.43 22.52

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SUTX2014-021 07/21/2014

Rates Fringes

BRICKLAYER.......................$ 16.17 0.00

CARPENTER (Drywall

Finishing/Taping Only)...........$ 12.81 0.00

CARPENTER, Excludes Drywall

Finishing/Taping, Drywall

Hanging, Form Work and Metal

Stud Installation................$ 13.51 3.29

CEMENT MASON/CONCRETE FINISHER...$ 13.02 0.00

DRYWALL HANGER AND METAL STUD

INSTALLER........................$ 12.81 0.00

ELECTRICIAN (Alarm

Installation Only)...............$ 15.38 2.92

ELECTRICIAN (HVAC/Temperature

Controls Installation Only)......$ 19.09 6.45

ELECTRICIAN (Low Voltage

Wiring Only).....................$ 15.38 2.92

FENCE ERECTOR....................$ 9.93 1.83

FLOOR LAYER: Carpet.............$ 12.81 0.00

FLOOR LAYER: Vinyl Flooring.....$ 12.87 0.00

FORM WORKER......................$ 12.57 1.03

GLAZIER..........................$ 15.86 1.00

INSULATOR - MECHANICAL

(Duct, Pipe & Mechanical

System Insulation)...............$ 16.91 0.00

IRONWORKER, REINFORCING..........$ 15.60 0.00

IRONWORKER, STRUCTURAL...........$ 15.37 4.34

LABORER: Common or General......$ 9.30 0.00

LABORER: Driller................$ 14.12 1.01

LABORER: Mason Tender - Brick...$ 12.50 2.30

LABORER: Mason Tender -

Cement/Concrete..................$ 10.82 0.96

LABORER: Pipelayer..............$ 11.00 3.47

LABORER: Roof Tearoff...........$ 10.06 0.00

LABORER: Landscape and

Irrigation.......................$ 10.00 0.00

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 14.43 0.74

OPERATOR: Bobcat/Skid

Steer/Skid Loader................$ 13.93 0.00

OPERATOR: Bulldozer.............$ 18.29 1.31

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

OPERATOR: Forklift..............$ 14.83 0.00

OPERATOR: Grader/Blade..........$ 19.50 1.05

OPERATOR: Loader................$ 12.87 0.70

OPERATOR: Mechanic..............$ 17.00 0.00

OPERATOR: Paver (Asphalt,

Aggregate, and Concrete).........$ 16.03 0.00

OPERATOR: Roller................$ 12.70 0.00

PAINTER (Brush, Roller, and

Spray)...........................$ 12.50 0.00

PIPEFITTER, Excludes HVAC

Pipe Installation................$ 18.15 0.98

ROOFER...........................$ 11.42 0.00

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 23.56 3.60

SHEET METAL WORKER, Excludes

HVAC Duct Installation...........$ 21.13 6.53

TILE FINISHER....................$ 11.22 0.00

TILE SETTER......................$ 12.02 0.00

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

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WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Unlisted classifications needed for work not included withinthe 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

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 Regional Office for the area in

which the survey was conducted because those Regional Offices have

responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not

satisfactory, then the process described in 2.)and 3.) should be followed.

With regard to any other matter not yet 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




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




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

================================================================

END OF GENERAL DECISION

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND RATE

INSTRUCTIONS: Prime contractor shall complete items 2 through 16, keep a pending copy, and submit the request to Ysleta ISD’s project manager.