HomeMy WebLinkAboutPR 14768: HOLLIER CONSTRUCTION - CONCRETE SLIP-FORM PLACEMENTCITY OF PORT ARTHUR
PUBLIC WORKS DEPARTMENT
TO: Steve Fitzgibbons, City Manager
FROM: John A: Comeaux, P.E., Director of Public Works
SUBJECT: P. R. #14768 -Concrete Slip-form Placement
DATE: June 10, 2008
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 14768, awarding
a bid and authorizing the execution of a One (1) Year Contract for Concrete Slip-form
Placement of Concrete Curb and Gutters and Concrete Curbs, and the Construction of
Sidewalks, Driveways, and Wheelchair Ramps to Hollier Construction & Aluminum of
Groves, Texas. This contract will be awarded on a UNIT COST BASIS as listed below and
will be utilized for various City and CDBG funded street projects.
BACKGROUND:
This is an annual contract for the Concrete. Slip-form Placement of Concrete. Curb and
Gutters and Concrete Curbs, and the Construction of Sidewalks, Driveways, and Wheelchair
Ramps. Two differentbid options were available for slip-form placement of curb and curb
and gutter for this contract: (1) the contractor providing labor and equipment only, and (2)
the contractor providing labor, equipment, and materials.
Bids were advertised in the Port Arthur News on May 4, 2008 and May 11, 2008. Bids were
received and opened on May 21, 2008, with one (1) bid being received for said contract as
follows:
Hollier Construction & Aluminum, Groves. Texas
No. ITEM UNIT 2007 2008 %
Difference
Prices Prices
1. Placement of standard Curb and LF No Bid No Bid N/A
Gutter Section (Contractor
provide materials)
2. Placement of standard Curb and LF $1,500 min $1,600 min 14.3%
Gutter Section (City provide $5.25 for $6.00 for
materials) more than more than
300 LF 300 LF
3. Placement of standard Upright LF No Bid No Bid N/A
Curb Section (Contractor
provide materials)
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4. Placement of standard Upright LF $1,500 min $1,500 min 16.0%
Curb Section (City provide $2.50 for $2.90 for
materials) more than more than
100 LF 100 LF
5. Construction of 4-ft wide @ 4-in LF $4,200 min No Bid N/A
thick sidewalk $42.00 for
more than
100 LF
6. Construction of 5-ft wide @ 4-in LF $4,200 min No Bid N/A
thick sidewalk $4z.00 for
more than
100 LF
7. Construction of sidewalk. @ 4-in SY
thick greater than 5-ft in width $65.00 far No Bid N/A
more than
' 100 SY
8. Construction of residential SY $72.00 less No Bid N/A
driveway @ 4-in thick than 5 SY
$67.00
more than
5 SY
9. Construction of residential SY $82.00 less No Bid N/A
driveway @ 6-in thick than 5 SY
$77.00
more than
5 SY
10. Wheelchair ramp EA $4,000.00 No Bid N/A
less than 5
$3,900.00
more than
5
Hollier Construction & Aluminum was the sole bidder last year also, and has provided this
service for the past sixteen (16) years, and their bid reflects a 14.3% to 16.0% increase in
the unit price for work we secure most often (Items 2 and 4), with no bid for all other
items. The City has had a good experience with this contractor and found them to be very
qualified. This bid was reviewed by Public Works and Purchasing and found to be the fair
market value for this service.
BUDGETARY/FISCAL EFFECT:
Funds are provided in the Streets Division Budget, Accounts No. 001-1203-531.36/51/86
and in the CDBG street project accounts.
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STAFFING/EMPLOYEE EFFECT:
Acceptance of this recommendation will have no staffing/employee effect at this time.
SUMMARY:
It is recommended that the City Council approve Proposed Resolution No. 14768,
authorizing a One (1)~Year Contract for Concrete Slip-form Placement of Concrete Curbs
and Gutters and Concrete Curbs, and Construction of Concrete Sidewalks, Driveways, and
Wheelchair Ramps to Hollier Construction & Aluminum on a UNIT COST BASIS. The
prices bid for the various categories of concrete work are reflective of the costs for this
service and for the quantities shown.
~ . P. ~.
rot John A. Comeaux, P.E.
Director of Public Works
]AC/reb
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P.R. No. 14768
06/09/08 reb
RESOLUTION NO.
A RESOLUTION ~ AWARDING A BID AND AUTHORIZING THE
EXECUTION OF A ONE (1) YEAR CONTRACT BETWEEN THE CITY
OF PORT ARTHUR AND HOLLIER CONSTRUCTION & ALUMINUM ,
OF GROVES, TEXAS FOR CONCRETE SLIP-FORM PLACEMENT OF
CONCRETE CURB AND GUTTERS AND CONCRETE CURBS, AND
CONSTRUCTION OF SEDEWALKS, DRIVEWAYS AND WHEELCHAIR
RAMPS ON A UNIT COST BASIS FOR VARYOUS CITY FUNDED AND
CDBG GRANT FUNDED STREET PROJECTS; PROPOSED FUNDING:
STREET DIVISION ACCOUNT NO. 001-1203-531.36/51/86 AND
CDBG STREET PROJECT ACCOUNTS.
WHEREAS, periodically the City requires the services of a contractor to place
concrete curb and gutters and concrete curbs and construct ,sidewalks, driveways and
wheelchair ramps for various projects; and,
WHEREAS, the City advertised in the Port Arthur News on May 4, 2008 and on
May 11, 2008 for said services; and,
WHEREAS, one (1) bid was received and opened on May 21, 2008 for the
above referenced Contract and has been evaluated by the Public Works staff and
Purchasing Manager; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT. the City Council of the City of Port Arthur hereby awards the bid for a one
(1) year contract for concrete slip-form. placement of concrete curb and gutters and
concrete curbs, and construction of sidewalks, driveways and wheelchair ramps, to the
lowest responsible bidder to wit: Hollier Construction & Aluminum of Groves, Texas as
P.R. No. 14768
Page 2
shown on Exhibit "A",.attached hereto and made a part hereof; and,
THAT the Mayor and City Manager of the City of Port Arthur be and they are
hereby authorized and directed to execute on behalf of the City, a Contract between the
City of Port Arthur and Hollier Construction & Aluminum for a one (1) year contract for
the above referenced services at various locations in the City of Port Arthur, Texas; and,
THAT the contract is awarded on a UNIT COST BASIS, as shown on Exhibit
"B" attached in part hereto and made a part hereof by reference, a complete copy of
which is available for review in the office of the City Secretary; and,
THAT said Contract is an exact duplicate of a standard form Federally Funded
Construction contract except. for the changes described in the Certificate of Standard
Form, a copy of which is attached. as Exhibit "C" and is hereby incorporated by
reference, and said changes are here approved; and,
THAT, Hollier Construction & Aluminum of Groves,. Texas shall sign this
resolution agreeing to the terms thereof; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of A.D. 2008
at a meeting of the City of Port Arthur, Texas by` the following vote:
Ayes: Mayor:
Councilmembers:
P.R. No. 14768
Page 3
Noes:
Mayor
Attest:
Ciry Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Stephen B. Fitrgibbons
Ciry Manager
~~ ~ ~ E.
~~RJohn A. Comeaux, P:E. ~
Director of Public Works
P ROVED A TO AVAILABILITY OF FUNDS:
Rebecca Underhill, CPA
Director of Finance
AGREED T0:
Hollier Construction & Aluminum
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EXHIBIT A
CONTRACT FOR CONCRETE SLIP-FORM PLACEMENT OF CONCRETE
CURB AND GUTTERS, UPRIGHT CONCRETE CURBS, CONSTRUCTION OF
SYDEWALKS, DRIVEWAYS, AND WHEELCHAIR RAMPS
THIS AGREEMENT, made this 17a' day of June 2008, by and
between the City of Port Arthur, a municipal corporation organized under the
laws of the State of Texas, hereinafter called "OWNER" or "CITY", and
Hollier Construction & Aluminum a(n) Partnership herein acting
Individual, firm, partnership, or corporation
by and through Gordon Hollier hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions,
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from 24 June 2008 to 24 June 2009.
2. During the term of this Contract, the CONTRACTOR will furnish at his own
expense all of the materials, supplies, tools, equipment, labor, and other
services necessary to connection therewith, excepting those supplies
specifically not required of CONTRACTOR in the Specifications.
3. The CONTRACTOR agrees to perform all the work described in the
Specifications and Contract Documents and comply with the terms therein
for the prices stated below.
ITEM
Standard Curb and Gutter Section
Standard Upright Curb Section
4-ft Wide by 4-in Thick Sidewalk
5-ft Wide by 4-in Thick Sidewalk
4-in Thick Sidewalk > 5-ft Wide
Residential Driveway @ 4-in Thick
Residential Driveway @ 6-in Thick
Wheelchair Ramp
$1,600 minimum $6.00/LF > 300 LF
$1,500 minimum $2.90/LF > 100 LF
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
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4. The term "Contract Documents" means and includes the following:
(A) Agreement
(B) Advertisement for Bids
(C) General Information
(D) Specifications
(E) Bid
(F) Bidder's Ihformation Sheet
(G) Notice to Proceed
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in two (2) copies,
each of which shall be deemed an original on the date first written above.
' OWNER
BY:
Steve Fitzgibbons, City Manager
BY:
Printed Name:
CONTRACTOR
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.'vELORSS "BOBBIE" PRINCE, MAYOR
!VnCH.4EL °SHANE^ SINEGAL. MAYOR PRO-TEM
COL"1CIL ~+.E NIBERS:
JAtii CH:1T:;74>l, JP..
~ALJONES
THONtAS.i. HE:'rDERSr~'~
~i.4R73PI FLO~i.~
.]OHN ~JEARll, JR.
ROBERT E. '~~'IL1:tAM50N
V''.7L.L]E "BE•.E' LEtiVIS
City Of
STEPHEN FITZCIBBONS
CITY MANAGER
TERRI HANKS
ACTING CITY sECRETARY
h1ARK T. SOKOLOw'
CITY ATTORNEY
rt Llrthu
T2XQ$
INVITATION TO BID
May 5, 2008
Vendors:
Sealed Bids, subject to the General Instructions; Conditions and Specifications, as provided will be
addressed to the City Secretar/ of the City of Port Arthur, Texas in DUPLICATE:
Sealed BIDS shall be received no later than 3:00 P. M. May 21; 2008 at the CitySecretar,~ G`[ice zr.~
all bids received will thereafter be opened and read aloud at 3:1 ~ P. M on May 2i,2u08 in ti~.c Cfv
Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for the following:
SLIP-FORM PLACEMENT OF CONCRETE AND CONSTRUCTION OF CONCRrTE.
SIDE«'ALKS, DRIVEWAYS AND WHEEL-CHAIR RAMPS
BIDS SHALL BE PLACL-D N A SEALED ENVELOPE; with the biddei s name and address in the
upper left-hand comer of the em-elope. FACSIMILE TRANSMITTALS SHALL NOT BE
ACCEPTED.
BIDS MUST BE submitted on the pricing form included for that purpose in this packet and SI:iNED
BY A PERSON HAVING THE AUTHORITY" TO BIND THE FIRM N A CO`.'TP.ACT.
MARK ENVELOPE: SLiF-FORi\'I PLACEI~'IF,NT
Sealed Bids shall be submitted:
CITY OF PORT ARTHUR
CITY' SECRETARti'
P. O. BOX IOS9
PORT ARTHUR, TX 77641-1089
CITY OF PORT ARTHUR
CITY SECRETARY
444 4TH STREET
PORT ARTHUR, TX 77640
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE CiPEid:id:i
DATE AND TIME.
.:G. 5GX 1089 • ?GRT ARTHUR, T°J(AS 776 i-1089 • X09/983-81 t ~ ~ ~i+X 4097983-8297
Bids received after the closing time specified will be returned to the bidder unopened. P_ward will be
made as soon as practicable after opening. To obtain results, or if you have any ~uestiens, please
contact Clifton Williams at the City of Port Arthur PurehasingOffice, at (409) 983-E160.
The City of Port Arthur reserves the right to reject any or all Bids and to waive informalities or
defects in bids. or to accept such bids as it shall deem to be in the best interests of the City of Port
Arthur.
Sincerely,
~~ ~'
Deborah Echols
Assistant Finance Director
CITY OF PORT ARTHUR
GENERAL SPECIFICATIONS
GENERAL INFORMATION
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City
of Port Arthur the required information specified in the Bid or Proposal Specifications listed
in this Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to
prepaze SEALED BIDS IN.DUPLICATE for furnishing: SLIPFORM PLACEMENT
Bids must be in a sealed envelope addressed to the City Secretary, City of Por[ Arthur,
P. O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than
3:00 P. M. Mav 21.2008. Bid proposal MUST BE SIGNED BY THE BIDDER.
All bids meeting the intent of this request for bid will be considered for awazd. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
shall indicate that the bidder has not taken exception and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
accept any and all or none of the exception(s)/substitutions(s)deemed to be inthe best interest of the
City of Port Arthur.
Bids cannot be altered or amended after submission deadline. Any interlineation, alteration, or
erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
The City reserves the right to:
1. Reject any and all bids: and to.make no award if it deems such action to be in its best
interest.
Z. Awazd bids on the lump sum or unit price basis, whichever is in the best interest of the
City.
3. Reject any or all bids and to waive informalities or defects in bids, or to accept such
bids as it shall deem to be in the best interests of the City.
4. Awazd bids to bidders whose principal place of business is in the City of Port Arthur
and whose bid is within 5% of the lowest bid price. This preference can't be granted
for purchases involving Federal Funds.
The award shall be made to the responsible vendor(s) whose bid is determined to be the lowest offer;
taking into consideration the relative importance of price, conformance to specifications, and
capability and experience of the contractor.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders aze cautioned to read the information contained in this ITB. carefully and to submit a
complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offeror accept gifts or anything ofvalue, nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder
must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity.and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business, and can assume liabilities for any performance or
warranty service required:
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to anyperson of public moneys under any contract by the City with
such person until such person has paid all obligations and debts owed to the City, or has made
satisfactory arrangements to pay the same.
Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda.
Sole issuing authority of addendas shall be vested in the City of Port Arthur Purchasing Manager.
Addehdas will be mailed to all who are known to have received a copy of the ITB. Offerers shall
acknowledge receipt of all addenda.
.PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price
shall prevail.
PURCHASE ORDER: A purchase order(s)shall be generated bythe City of Port Arthur. to the
successful bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works
Department, P. O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
goods or services by the City of Port Arthur.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and
Federal Excise Tax, therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
rules, orders, regulations and codes of the federal, state and local governments relating to
performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other
officer, employee or agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personae fmancial interest, director
indirect,. in this Contract; and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The Ciry of Port Arthur Code of Ordinances prohibits
the City from granting any license,. privilege or paying money to anyone owing delinquent taxes,
paving assessments or any money to the City until such debts aze paid or until satisfactory
arrangements for payment has been made. Bidders must complete-and sign the AFFIDAVIT
.included as part of this ITB.
CONTRACT: The following will comprise the contract beriveen the City and the successful bidder:
1. Information for Bidders
2. Bid Sheet
3. Notice of Awazds
4. Specifications -
5. Addenda
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities aze approximate and any additional quantities will be paid for at the
quoted price. It is further understood that the supplier shall not have any claim against the City of
Port Arthur for quantities less than the estimated amount.
All bids will remain in effect for sixty (60) days after the bid opening date.
If through any cause the Bidder fails to fulfill in a timely and proper manner. his obligations under
this Contract, or fails to perform in accordance with these specifications, the City reserves the right
to terminate this Contract by giving written notice to the Bidder of such termination and specifying
the effective date thereof;- at least fifreen (15) days before the effective date of such termination.
No person has the authorit}° to verbally alter these specifications. Any interpretations, corrections or
changes to this ITB and'specifications will be made in writing by the Purchasing Division ofthe City
of Port Arthur and sent to each person having a bid package.
The vendor must be an authorized dealer for all products offered. The vendor must give the
manufacturers name and product description of all items. Inferior products, products which perform
at a substandard level, or poor quality products will be rejected.
SHIPPING INFORMATION: All bids aze to be F.O.B., City of Port Arthur, Port Arthur, Texas
77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Eachprovision and clause required
by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be
read and enforced as though each were included herein. [f, through mistake or otherwise, anv such
provision is not inserted or is not correctly inserted, the Contract shall be amended to make such
insertion on application by either party.
CONTRACTOR'S' OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
perform all work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this Contract, in accordance with the provisions of this Contract and said
specifications.
The appazent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description concerning any point. shall be regazded as meaning that only the best
commercial practices are to prevail. All interpretations ofthese specifications shall be made on the
basis of statement.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur
the option of selecting goods which may be considered most suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the
vendor is specifically advised that the written bid proposal will prevail in the determination ofthe
successful bidder. -
Under the Title VI of the Civil Rights Act of 1964. no person shall, on the grounds of race, color; or
national origin, be excluded from participation in, be denied the benefits of, or be subjected- to
discrimination under any program or activity receiving Federal financial assistance.
Questions concerning this ITB or additional information should be directed Ross Blackketter at 409-
983-8180.
CITY OF PORT ARTHUR, TEXAS
CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR
A ONE YEAR CONTRACT FOR SLIP-FORM PLACEMENT~OF
CONCRETE AND CONSTRUCTION OF CONCRETE
SIDEWALKS, DRIVEWAYS AND WHEEL-CIiAIR RAMPS
APRIL. 2008
BY
CITY OF PORT ARTHUR PUBLIC WORKS DEPT.
Contractor/Engineer
Contractor/Engineer Project No.
(FOR USE IN FEDERALLY FUNDED PROJECT; CDBG)
CITY OF PORT ARTHUR, TEXAS
CONTRACT DOCUMENT AND TECHNICAL SPECIFICATIONS
FOR SLIP-FORM PLACEMENT OF CONCRETE AND CONSTRUCTION OF
CONCRETE SIDEWALKS, DRIVEWAYS AND
WHEEL-CHAIR RAMPS
TABLE OF CONTENTS
PAGE NUMBER
A. CONSTRUCTION CONTRACT AGREEMENT ......................................A-1 TO A-3
B. ADVERTISEMENT FOR BIDS ...............................................................B-1 TO B-2
C. INFORMATION TO BIDDERS ...................................................C-1 TO C-8
D. BID ........................................................................................................ D-1 TO D-7
E. BID BOND ....................................................................................:.........E-1 TO E-2
F. SPECIAL REQUIREMENTS TO PROVISIONS ................................................. F-a
SPECIAL PROVISIONS ......................................................................:...............F-s
NUMBERICAL INDEX TO GENERAL CONDITIONS .......................... F-i1 TO F-i4
GENERAL CONDITIONS .................................................................... F-1 TO F-51
G. WAGE DECISION .................................................................................G-1 TO G-5
H. TECHNICAL SPECIFICATIONS ................................................ H-a TO H-r
SUPPLEMENTAL GENERAL CONDITIONS ...............................:........... I-1 TO I-2
APPENDIX A -FORM FOR REQUEST OF TIME EXTENSION
APPENDIX B -FORM FOR CHANGE ORDER
CONSTRUCTION CONTRACT
AGREEMENT
(Federally Funded Projects)
THIS AGREEMENT, made this day of , 2008 , by and between the
City of Port Arthur, a municipal corporation organized under the laws of the State of
Texas, hereinafter called "OWNER" or "CITY" and ,a(n;
,herein acting by and individual, firm, partnership or corporation through
hereinafter called "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments, terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
The CONTRACTOR will commence and complete the construction of each
project selected by the City for a one year contract for PLACEMENT OF SLIP-
FORM OF CONCRETE AND CONSTRUCTION OF CONCRETE SIDEWALKS,
DRIVEWAYS AND WHEELCHAIR. RAMPS. Each project will be identified in a
notice to proceed issued by the City. Each project shall be deemed a separate
contract.
The CONTRACTOR will furnish at his own expense all of the materials,
supplies, tools, equipment, labor and other services necessary for the
construction and completion of the Project described herein.
The CONTRACTOR will commence the work required by the -Contract
Documents on or before a date to be specified in the Notice to Proceed and will
complete the same within the consecutive calendar days specified in the notice
to proceed, including, but not limited to, all Saturdays, Sundays and Federal,
State, and City holidays unless the period for completion is extended otherwise
by the Contract Documents.
4. The CONTRACTOR agrees to perform all of the Work described in the Contract.
Documents and comply with the terms therein on a unit cost basis in an amount
per unit depending on the categories of work as shown in the Bid Schedule.
The term "Contract Documents" means and includes the following:
(A) Agreement
(B) Advertisement for BIDS
(C) Information for BIDDERS
(D) BID
(E) BID BOND
(F) General Conditions
(G) Wage Decision
(H) Supplemental General Conditions
A-1
(I) Notice of Award
(J) Notice to Proceed
(K) Change Order
(N) Drawings prepared by
dated
numbered through
(O) Specifications prepared or issued by City of Port Arthur Public Works
Department dated
(P) Addenda:
No. ,dated 20
No. ,dated , 20
No. ,dated , 20
No. ,dated , 20
No. ,dated , 20
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as
set forth in the General Conditions such amounts as required by the Contract
Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement in (two 2 copies) each of which shall be
deemed an original on the date first above written.
APPROVED IN FORM:
OWNER:
CITY ATTORNEY
(SEAL)
ATTEST.
NAM
TITLE: CITY SECRETARY
BY:
NAME: Oscar G. Ortiz
TITLE : MAYOR
BY:
NAME: Steve Fitzgibbons
TITLE : CITY MANAGER
A-2
CONTRACTOR:
BY
NAME
ADDRESS
(CORPORATE SEAL)
ATTEST:
A-3
A_ ONE. (1) YEAR CONTRACT FOR SLIP FORM PLACEMENT OF CONCRETE AND
CONSTRUCTION OF CONCRETE SIDEWALKS. DRIVEWAYS AND WHEELCHAIR
RAMPS.
If awarded the Contract, the bidder will promptly enter into a Contract and execute
Bonds as required and- in the forms provided as outlined in the Specifications and
Instructions to Bidders..
Copies of the Plans and Specifications and other Contract Documents are on file in
the office of the City of Port Arthur Public Works Department and are open for public
inspection without charge. A set of such Documents may be obtained from such office
upon making anon-refundable deposit of -0-
No Payment or Performance Bond will be required since contract is awarded
on a unit price basis and each individual project to be authorized is not more than
$25,000.
Attention is called to the fact that this is a Contract for construction of public works
and that there must be paid on same not less than the general prevailing wage rates which
have been established by the City Council of the City of Port Arthur, Texas, pursuant to
Texas Revised Civil Statutes Annotated Art. 5159a (Vernon Supplement 1994) and which
are set out in detail in the Contract Documents. The CONTRACTOR shall forfeit as a
penalty, to the City of Port Arthur, Sixty Dollars($60.00) for each laborer, workman or
mechanic employed, for each calendar day, or portion thereof, if such laborer, workman or
mechanic is paid less than the said stipulated rates for any work done under this Contract.
The Davis-Bacon Act ' is applicable to this Contract, and the prevailing.. wage rates
established pursuant to said Act are made a part of this Contract. A copy of such current
wage schedule is included in the Contract Documents and any applicable change in such
wage schedule shall be furnished and Equal Employment Opportunity requirements must
be met.
CONTRACTOR'S attention is also directed to the equal opportunity requirements of this
Contract: Title VI. Sec. 3 and E.O. 11246.
This Contract is issued by an organization which qualifies for exemption pursuant to the
provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as
codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to Section
151.311 of the Tax Code made by Section 14.07 of Chapter 5 (House Bill No. 11), 72nd
Leg., 1st C.S., Acts 1991 at 188, in order for non-consumable materials and' equipment to
qualify for resale to the City and be exempt from sales tax, the contract and bids must
comply with the following requirements.
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The bid and contract must separately identify (1) the charges for non-consumable
materials and equipment that are permanently incorporated into the project and. (2) charges
for skill, labor and- consumable materials, tools and equipment that are permanently
incorporated into the project. Bidders are required to have a sales tax permit issued by the
Comptroller of the State of Texas in order to qualify under the separated contract procedure.
The City will issue to the CONTRACTOR a specific exemption certificate for this Contract
in order that he does not have to pay taxes on qualifying materials, equipment, or other
tangible personal property purchased for and permanently incorporated into City realty in
performing this Contract. The CONTRACTOR performing this contract must issue to his
suppliers an exemption certificate complying with all applicable State Comptroller's rulings,
along with a copy of the certificate issued to him by the City.
Lump-sum contracts, in which the above referenced charges are not separated, do not
qualify for the sales and use tax exemption.
Attention is directed to the liquidated damages provision ofthis Contract(paragraph No. 54
of the General Conditions) and the fact that rainy weather shall constitute justification for any
delay in the time for completion only under certain conditions.
This Contract is for a ONE (1) YEAR CONTRACT FOR SLIP FORM
REPLACEMENT OF CONCRETE AND CONSTRUCTION OF CONCRETE SIDEWALKS,
DRIVEWAYS AND WHEELCHAIR RAMPS. Each project will be specified by the City in a
notice to proceed. Successful Bidder shall be required to attend Pre-Construction
Conference.
B-2
INFORMATION TO BIDDERS
The following instructions are applicable to the Contract in addition to the requirements
set forth in the ADVERTISEMENT FOR BIDS.
1. BID PROCEDURE
Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in
sealed envelopes plainly marked. Bids shall be prepared. in compliance with the
requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions
printed on the prescribed forms. All blank places on the Proposal form must be filled in as
noted, in ink, in both words and figures, with amounts extended and totaled, and no
changes shall be made in the phraseology of the forms or of the items mentioned therein.
In case of any discrepancy between the written amounts and the figures, the written
amounts shall govern. If the Bidder does not bid on optional items(if shown in the Proposal
form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed
irregular which contains any omission, erasure, alteration, addition, irregularity of any kind
or item not called for, or which does not contain prices set opposite to each of the several
items in the Proposal form, or in which any of the prices are obviously unbalanced, or
which shall in any manner fail to conform to the conditions of the published
ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided
therefore. If the bid is made by a partnership or corporation, the name and address. of the
partnership or corporation shall be shown, together with the name and address of. the
partners or officers. If the bid 'is made by a partnership, it must be acknowledged byone of
the partners; if made by a corporation, by one of the officers thereof accompanied by
Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a
sealed envelope plainly identified by the name of the oroiect and the Contract number and
addressed to the OWNER as prescribed in the Invitation to Bidders.
Withdrawal or modifications to bids are effective only if written notice thereof is filed
prior to time of bid. opening and afthe place specified in the Notice to Bidders. A notice of
withdrawal or modifications to a bid must be signed by the CONTRACTOR or his
designated representative. No withdrawal or modifications shall be accepted afterthe time
for opening of proposals.
2. BID SECURITY AND LIQUIDATED DAMAGES
If a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish
bonds and insurance as may be required and commence work at the specified time.
Under circumstances wherein the Bidder can show to the CITY that it made an innocent
material mistake in the bid as provided by Section 252.043 Local Government Code, with
no intentions being m_ ade to circumvent the bidding procedures, the City Council reserves
the right to approve a withdrawal of a bid without assessing further liability.
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The Bidder to whom the award is made shall execute and return the formal Contract
with the OWNER and furnish Performance and Payment Bonds and required insurance
Documents within ten (10) days after the prescribed forms are presented to him for
signature. Said period will be extended only upon written presentation to the OWNER,
within said period, of reasons which, in the sole discretion of the OWNER, justify ar
extension. If said Contract, and insurance Documents are not received by the OWNER
within said period or if work has not been commenced within the time specified, the
OWNER may proceed to have the work required by the Plans and Specifications
performed by any means at its command, and the Bidder shall be liable to the CITY for any
excess cost to the OWNER over his bid amount.
The OWNER, within ten (10) days of receipt of Insurance Documents and Contract
signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate
of the Contract to said party., Should-OWNER not execute the Contract within such period,
the Bidder may, by written Notice to OWNER, withdraw his signed Agreement.
3. BONDS -DELETED
4. NOTICE TO PROCEED
a. The CONTRACTOR will commence and complete the construction of each project
selected by the City for the placement of hot-mix asphaltic concrete. Each project
will be .identified in a Notice to Proceed issued. Each project shall be deemed a
.separate contract.
b. -The CONTRACTOR will commence the work required by the Contract Documents
on or before a date to be specified in the Notice to Proceed and will complete the
same within the consecutive calendar days specified in the notice to proceed,
including, but not limited to, all-Saturdays, Sundays and Federal, State, and City
holidays unless the period for completion is extended otherwise by the Contract.
Document.
5. INSURANCE
All insurance must be written by an insurer licensed to conduct business in the State
of Texas,. unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own
expense, purchase, maintain and keep in force insurance that will protect against injury
and/or damages which may arise out of or result from operations under this Contract,
whether the operations be himself or by any Subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone forwhose acts any of them may be liable
of the following- types and limits(No insurance policy or certificate of insurance required
below shall contain any aggregate policy year limit unless a specific dollar amount[or
specific formula for determining a specific dollar amount] aggregate policy year limit is
expressly provided in the specification below which covers the particular insurance policy
or certificate of ihsurance).
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Standard Worker's Compensation Insurance (with
waiver of subrogation in favor of the City of-Port Arthur,
its officers, agents & employees). (City and Contractor
and all persons providing services shall comply with the
workers compensation insurance requirements of
Section 406.096 of the Texas Labor Code and 28 TAC
Section 110.110, a copy of which is attached hereto
and is hereby incorporated by reference).
Z. Commercial General Liability occurrence type
insurance. No. "XCU" RESTRICTIONS SHALL BE
APPLICABLE. Products/completed operations
coverage must be included, and CITY of Port Arthur, its
officers, agents, and employees must be named as an
additional Insured).
a. Bodily Injury $500,000 single limit per occurrence
or $500,000 each person/$500,000 per
occurrence forcontracts of $100,000 or less; or,
b. Bodily Injury $1,000,000 single limit per
occurrence of $1,000,000 each
person/$1,000,000 per occurrence for contracts
in excess of $100,000; and,
c. Property Damage $100,000 per occurrence
regardless of Contract amount; and,
d. Minimum aggregate policy year limit of
$1,000,000 for contracts of $100,000 or less; or,
e. Minimum aggregate policy year limit. of
$2,.000,000 for contracts in excess of $100,000.
3. Comprehensive Automobile Liability (Including owned, non-
owned and hired vehicles coverage).
a. Minimum combined single limit of $500,000 per
occurrence for bodily injury and property damage.
b. If individual limits are provided, minimum limits
are $300,000 per person, $500,000 per occurrence
for bodily injury and $100,000 per occurrence for
' property damage.
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4. Contractual Liability Insurance covering the indemnity
provision of this Contract in the same amount and coverage
as provided for Commercial General Liability Policy, specifically
referring to this Contract by date, job number and location;
5. All-Risk Builder's Risk of the non-reporting type
(not required for paving projects, water and sewer NOT REQUIRED
line projects or projects involving lump sum payments).
CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent
to fill in all information required (including names of insurance agency, CONTRACTOR and
insurance companies, and policy numbers, effective dates and expiration dates) and to
date and sign and do all other things necessary to complete and make into a valid
certificate of insurance the CERTIFICATE OF INSURANCE form. attached to and made a
part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4;
and before commencing any of the work and within the time otherwise specified.
CONTRACTOR shall file said completed form with the OWNER. None of the provisions in
said Form shall be altered or modified in any respect except as herein expressly
authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that
coverages afforded under the policies will not be altered, modified or cancelled unless at
leastfifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR
shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from
or for all Subcontractors and showing the Subcontractor(s) asthe Insured. Said completed
CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more
than ten (10) days after execution of this Contract.
The original Builder's Risk policy (if required) shall provide for fifteen (15) days written
notice of alteration, modification or cancellation and shall be furnished to OWNER.
Provided, however, until the Original Policy is issued and furnished to the OWNER a
Certified Insurance Binder with the identical notice will be acceptable in place of the original
policy, which original policy must be received by the OWNER not later than thirty (30) days
after issuance of the Notice to Proceed forthe project. Notwithstanding any other provision
in the Contract Documents, it is further mutually understood and agreed that no payment
will be due and owing or made to the CONTRACTOR for any work performed under the
Contract until all of the required insurance documentation, including the original policy
specified above, are received by the OWNER.
6. JOB EXAMINATION `
Bidder should carefully examine and be familiar with the Plans, Specifications and other
Documents and other conditions and matters which can in any way affect the work or the
cost thereof. By submitting a bid; the CONTRACTOR acknowledges that he or his
qualified representative has visited the job site and investigated and satisfied himself as to
(a) the conditions affecting the work including but not limited of the physical conditions of
the site which may bear upon site access, handling upon site access, handling and storage
of tools and materials, access to water, electric or other utilities or otherwise affect
C-4
performance of required activities; (b) the character and quantity of all surface and
subsurface materials or obstacles to be encountered in so far as this information is
reasonably ascertainable from inspection of the site, including exploratory work done by
the OWNER or a designated consultant. Failure to do all of he above will not relieve a
successful Bidder of the obligation to furnish all material and labor necessary to carry out
the provisions of the Contract Documents and to complete the contemplated work for the
considerations set forth in the bid. Any information shown in the specifications or on the
Plans in regard to subsurface data, test borings and similar conditions is to be considered
approximate and does not relive the Bidder of the responsibility for its verification.
OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with
available information for estimating properly the difficulty or cost of successfully performing
the work. The OWNER is not responsible for any conclusions or interpretations made by
the CONTRACTOR on the basis of the information made available bythe OWNER. In
conformity with applicable statutes, the OWNER has adopted a labor classification and a
minimum wage scale, which is included preceding the Specifications.
7. SALES TAX
This Contract is issued by an organization which qualifies for exemption pursuant to the
provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as
codified in Chapter 151 of the Texas Tax. Code.
The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public
Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding
Repairmen and Contractors -Reference: Section 15.1.056 Texas Tax Code which, upon
compliance with certain conditions, provides for exemption from this tax ofnon-consumable
materials and equipment permanently incorporated into work done for an exempt
organization, and to House Bill 11 amendments to Section 151.311 of the Tax
Code(Vernon Supp. 1992) as they relate to separated. contracts/bids in order for
non-consumable materials and equipment to qualify for resale to the City and be exempt
from sales tax.
Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however,
must separately identify the charges for (1)non-consumable materials and equipment that
are permanently incorporated into the project and (2) charges for skill, labor and
consumable materials, tools and. equipment which are not permanently incorporated into
the project. This statement shall be included in and made part of the Contract.
CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the
State of Texas in order to qualify under the exemption provisions and the separated
Contract procedure.
The City will issue a specific exemption certificate for a separated Contract to the
CONTRACTOR in order that he does not have to pay taxes on qualifying materials and
equipment purchased. for and permanently incorporated into the City project. The
CONTRACTOR performing this Contract must issue to his suppliers an exemption
C-5
certificate in lieu of the tax, said exemption certificate complying with all applicable State
Comptroller's rulings, along with a copy of the certificate issued to him by the City.
The OWNER will make no further allowance for and will make no price adjustment
above or below the originally bid unit prices on account of this tax. It shall be the
CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales
tax from the bid, to comply with the aforementioned Rulings and with ariy other applicable
rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which
may now or at any time during the performance of this Contract be in effect, and the
OWNER shall have no responsibility for any sales or use-tax which the CONTRACTOR
may be required to pay as a result of CONTRACTOR'S failure orthe OWNER'S failure to
comply with said rules, regulations or laws, or as the result of the performance of the
Contractor any part hereof by the CONTRACTOR.
Bidders are cautioned that materials which are not permanently incorporated into the
work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for
exemption and are nofto be included in the statement as "Non-Consumable Materials and
Equipment".
8. FINANCIAL STATEMENT AND EXPERIENCE RECORD
The Bidder will, upon request by the OWNER, furnish such information and data as
OWNER may request to determine ability of the Bidder to perform the work, including,
without limitation, a list of all jobs completed in the last 24 months giving name of OWNER,
amount of Contract, description of the job, and name of OWNER'S representative who is
familiar with the work performed by the CONTRACTOR.
9. INTERPRETATION OF PLANS AND SPECIFICATIONS
Bidders desiring further information, or further interpretation of the Plans and
Specifications must make request for such information in writing to the ArchitecUEngineer,
not later than 96 hours before the bid opening. Answers to all such requests will be given
in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and
made a part of the Contract Documents. No other explanation or interpretation will be
considered official or binding. Should a Bidder find discrepancies in, or omissions from,
the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as
to their meaning, the Bidder should, no later thari 96 hours prior to the bid opening, notify
the Architect/Engineer in order that a written Addendum if necessary, may be sent to all
Bidders prior to submission of the bids. Failure to request such clarification is a waiver to
any claim by the Bidder for expense made necessary by reason of later interpretation of
the Contract Documents by the OWNER.
10. AWARD OF CONTRACT
Unless it elects to reject all bids, the OWNER will award the Contract as promptly as
possible consistent with the time required for a thorough analysis of bids submitted. Award
C-6
will be made on the basis of the greatest advantage to the OWNER, considering all
elements of the bid. The right is reserved to reject any or all Proposals and to waive
technical defects, as the interest of the OWNER may require.
A Bidder may withdraw his Proposal before the expiration of the time during. which a
Proposal may be submitted, without prejudice to himself, by submitting a written request for
its withdrawal to the officer who holds it.
11. TIME OF COMPLETION
Attention is directed to the requirement that each Bidder specify in his Proposal the time
in which he will agree to complete the work. The time required for completion of the work
will be a consideration in the determination of the successful Bidder. Unless otherwise
specified, Bidder must state time inconsecutive calendar days, including, but not limited to,
all Saturdays, Sundays, and Federal, State. and City holidays.
12. SUBSTITUTIONS
Where materials or equipment are specified by a trade or brand name, it is not the
intention of the OWNER to discriminate against an equal product of another manufacturer,
but rather to set a definite standard of quality or performance, and to establish an equal
basis for the evaluatiori of bids.
13. LAWS
All applicable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the Contract throughout.
14. EQUAL OPPORTUNITY
Bidder agrees to abide by the requirement under Executive Order No. 11246, as
amended, including specifically the provisions of the equal opportunity clause set forth in
the General Conditions.
15. MATERIAL SUPPLIERS AND SUBCONTRACTORS
Low bidder shall supply the names and addresses of major material suppliers and
Subcontractors when requested to do so by OWNER.
16. RETAINAGE
Ten percent (10%), (five percent (5%) if the total contract exceeds Twenty-five-
Thousand Dollars- ($25,000]) of the amount of each periodic progress payment shall be
retained, by OWNER, until final completion and acceptance of all work under the
CONTRACT.
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17. UNIT PRICES
If the Contract may be let on a unit price basis, the Specifications furnished to bidders
shall contain approximate quantities estimated upon the best available information, but the
compensation to be paid to the CONTRACTOR shall be based upon the actual quantities
constructed or supplied.
C-8
BID DATE May 21.2008
BID
TO: CITY OF PORT ARTHUR
444 4TH STREET
P.O. BOX 1089
PORT ARTHUR, TEXAS 77640
Proposal of (hereinaftercalled "BIDDER"), organized
and existing under the laws of the State of Texas ,doing business as
and acting by and through To the City of Port
Arthur, Texas(hereinafter called "OWNER").
Incompliance with your Advertisementfor Bids, BIDDER hereby proposes to perform all
work for the construction of each project selected by the City FOR. THE SLIP-FORM
PLACEMENT OF CONCRETE AND CONSTRUCTION OF SIDEWALKS. DRIVEWAYS
AND WHEEL-CHAIR RAMPS. Each project will be selected on or before one yearfrom the
date of the contract and will be identified in a notice to proceed issued on or before said
time. Each project shall be constructed in strict accordance with the Contract Documents,
within the time set forth in the Notice to Proceed, and at the prices stated below, and
Bidder shall enter into Contract for same within the time specified in Contract Documents.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each
party thereto certifies as to his own organization, that this BID has been arrived at
independently, without consultation, communication, or agreement as to any matter relating
to this BID with any other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this Contract on or before a date to
be specified in the Notice to Proceed and to fully complete the PROJECT within the
consecutive calendar days specified in the Notice to Proceed, including, but not limited to,
all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further
agrees to pay as liquidated damages, the sum of $ -0- for each consecutive
calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal,
State and City holidays as provided in Section 54 of the General Conditions.
Enclosed is bid security as required.
BIDDER acknowledges receipt of the following ADDENDUM:
'Insert "a corporation," "a partnership," or "an individual" as applicable.
D-1
BIDDER agrees to perform all the work described in the Contract Documents for the
following unit prices or lump sum:
BID SCHEDULE.
NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved
bidder with Tax Exemption Certificate for materials used on this project.
ITEM
UNIT
UNIT PRICE
1. Placement of City Standard curb
and gutter section per drawing
and specification , as called for in
Section I, Ha to Fie
a. Less than 100 feet LF
b. 100 feet or more
LF
2. Placement of City Standard curb
and gutter section per drawing
and specification,. as called for in
Section II, Hd to Hf
a. Less than 100 feet LF
b. 100 feet or more
LF
3. Placement of City Standard upright
curb, per drawing and specification
as called for in Section Ha to He
a. Less. than 100 feet LF
b. 100 feet or more
LF
4. Placement of City Standard upright
curb, per drawing and specification
as called for in Section II, Hd to Hf
a. Less than 100 feet LF
b. 100 feet or more LF $
D-2
5. Construction of 4' wide sidewalk
@4" thick per drawing and
specifications
a. Less than 100 feet
b. 100 feet or more
6. Construction of 5' wide sidewalk
@4" thick per drawing and
specifications
a. Less than 100 feet
b. 100 feet or more
LF $
LF
LF $
LF $
7. Construction of sidewalks greater than
5' wide @4" thick per drawings and
specifications
a. Less than 100 square yards SY
b. 100 square yards or more SY
8. Construction of residential driveway
@4" thick per drawing and
specifications
a. Less than five (5) SY
b. Five (5) or more SY
9. Construction of residential driveway
@6" thick per drawing and
specifications
a. Less than five (5)
b. Five (5) or more
Q
SY
SY
D-3
10. Wheelchair Ramp per drawing and
and specifications
a. Less than five (5)
b. Five (5) or more
EA
EA
Unit prices are to be expressed in both words and figures. Incase of a discrepancy, the
amount shown in words shall govern. The above unit prices shall include labor, equipment
overhead, profit, insurance, etc. to cover the finished work of the several kinds called for.
BIDDER understands that the OWNER reserves the right to reject any or all bids and to
waive any informalities in the bidding. Bids shall be good for sixty (60) days after date of
bid opening.
Respectfully submitted:
Signature
Title
License Number(if applicable)
ress
Date.
(Seal - If bid is by a Corporation)
Attest
D-4
BID DATE: May 21, 2008
AFFIDAVIT
All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a
duly authorized officer of the company, whose signature is binding on the bid proposal.
The undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur.
Further, I agree to pay succeeding debts as they become due during this agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agrees to pay said debts prior to execution of this agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agrees to enter into an agreement,for the payment of said debts. I further agree to
pay succeeding debts as they become due.
NAME OF OFFERER:
ADDRESS
CITY/STATE/ZIP
TELEPHONE NUMBER
SIGNATU
SUBSCRIBED AND SWORN to before me by the above named
on this the _ day of , 2007.
Notary Public in and for the State of
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
D-5
-BID DATE: May 21, 2008
CITY OF PORT ARTHUR
EXCEPTION/APPROVED EQUAL REQUEST
(Please submit this form for each exception/approved equal)
VEN
PROJECT:
PAGE: OF PARAGRAPH:
SUBJECT:
TELEFAX:
Request:
Signature
FOR CITY OF PORT ARTHUR USE ONLY
Approved:- Disapproved: Clarification:
Signature
City of Port Arthur Representative
D-6
BID DATE: May 21, 2008
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY
ADDRESS
CITY/STATE/ZIP
SEND PURCHASE ORDER TO:
COMPANY
ADDRESS
CITY/STATE/ZIP
TAX IDENTIFICATION NUMBE
D-7
CONFLICT OF INTEREST STATEMENT
Please delineate all owners of your company. If you have any contractual business
relationship or family relationship with any member of the governing body of the City or if you
expect this to occur, please so state:
Signature
D-8
SPECIAL REQUIREMENTS TO PROVISIONS
AND INFORMATION TO BIDDERS
Delete Subsection c of Section 4 (Personnel) and Sections 38 (Subcontracting) and
73 (Ineligible Subcontractors) and replace with the following:
NO SUBCONTRACTORS
No Subcontractors shall be allowed on this project.
2. Delete Subsections a, b, and c of Section 48 of General Conditions on page. F-15
and replace with the following:
After completion of a project as described in the Contractor's notice to proceed and.
acceptance of the project by the City, Contractor shall submit an invoice for payment
of the actual measured units of material placed on the project.
F-a
SPECIAL PROVISIONS
TO THE
GENERAL CONDITIONS
1. Amend Paragraph 90 with the following:
Section 3 Compliance in the Provision of Training, Employment and Business
Opportunities.
HUD regulations at 24CFR, Part-135 of Section 3 of the Housing and Urban
Development Act of 1968 are no loner applicable to Community Development
Block Grant funded projects.
F-s
NUMERICAL INDEX
TO
GENERAL CONDITIONS
1. Contract and Contract Documents
2. Definitions
3. Termination of Contract for Cause
4. Personnel
5. Reports and Information
6. Records and Audits
7. Findings Confidential
8. Copyright
9. Compliance with Laws
10. Interest of Members of City
11. Interest of Other Local Public Officials
12. Interest of Contractor and Employees
13. Certificates and Permits
14. Guaranty of Work
15. Additional Instruction and Detail Drawings
16. Shop or Setting Drawings
17. Materials, Services and Facilities
18. CONTRACTOR'S Title to Materials
19. Inspection and Testing of Materials
20. "Or Equal" Clause
2Y. Patents
22. Surveys
F-i-1
23. CONTRACTOR'S Obligations
24. Insurance
25. Certification of Compliance with Air and Water Acts
26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention
27. Suspension of Work
28. National Historic Preservation Act of 1966
29. Required Provisions Deemed Inserted
30. Safety and Health Regulations for Construction
31. Use and Occupancy Prior to Acceptance by OWNER
32. Use of Premises and Removal of Debris
33. Quantities of Estimate
34. Lands and Rights-of-Way
35. Conflicting Conditions in Contract Documents
36. Notice and Service Thereof
37. Separate Contract
38. Subcontracting
39. Architect/Engineer's Authority
40. Meaning of Intent
41. Contract Security
42. Additional or Substitute Bond
43. Assignments
44. Mutual Responsibility of CONTRACTOR'S
45. Acceptance of Final Payment Constitutes Release
46. Payments by Contractor
47. Construction Schedule and Periodic Estimates
48. Payments to Contractor
F-i-2
49. Correction of Work
50. Subsurface Conditions Fcund Different
51. Claims for Extra Cost
52. Changes in Work
53. Extras
54. Time for Completion and Liquidated Damages
55. Weather Conditions
56. Protection of Work and Property--Emergency
57. Inspection
58. Superintendent by Contractor
59. Federal Labor Standards Provisions
60. Underpayment of Wages or Salaries
61. Anticipated Costs of Fringe Benefits
{
62. Overtime Compensation Required by Contract Work Hours and Safety Standard Act
(76 Stat. 357-360: Title 40 U.S.C., Sections 327-332)
63. Employment of Apprentices/Trainees
64. Employment of Certain Persons Prohibited
65. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination
Decision
66. Fringe Benefits Not Expressed as Hourly Wage Rates
67. Posting Wage Determination Decisions and Authorized Wage Deductions
68. Complaints, Proceedings or Testimony by Employees
69. Claims and Disputes. Pertaining to Wage Rates
70. Questions Concerning Certain Federal Statutes and Regulations
71. Payrolls and Basic Payroll Records of Contractor and Subcontractors
72. Specific Coverage of Certain Types of Work by Employees
73. Ineligible Subcontractors
F-i-3
74. Provisions to be Included in Certain Subcontracts
75. Breach of Foregoing. Federal Labor Standards Provisions
76. Employment Practices
77. Contract Termination; Debarment
78. Kickbacks from Public Works Employees
79. Labor -Title 29 CFR Part 3
80. Weekly Statement with Respect to Payment of Wages
81. Submission of Weekly Statements and the Preservation and Inspection of Weekly
Payroll Records
82. Payroll Deductions Permissible without Application to or Approval of the Secretary of
Labor
83. Payroll Deductions Permissible with the Approval of the Secretary of Labor
84. Applications for the Approval of the Secretary of Labor
85. Sections 3.8 Action by the Secretary of Labor upon Applications
86. Prohibited Payroll Deductions
87. Methods of Payment of Wages
88. Regulations Part of Contract
89. Equal Opportunity Provisions (E.). 11246)
90. Section 3 Compliance in the Provisions
91. Civil Rights Act of 1964
92. Section 109
93. Indemnification
94. Delays
95. Maintenance of Work
96. Antitrust
97. Federal Labor Standards Provisions
98. Delay, Disruption or Other Claims
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GENERAL CONDITIONS
CONTRACT AND CONTRACT DOCUMENTS
The project to be constructed pursuant to the Contract will be financed and is subject
to all applicable federal laws and regulations.
The Plans, Specifications and Addenda, enumerated in the Agreement and
paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and,
the provisions thereof shall be as binding upon the parties hereto as if they were herein
fully set forth. The table of contents, titles, headings, running headlines and marginal notes
contained herein and. in said Documents are solely to facilitate reference to various
provisions of the Contract Documents and in no way affect, limit or cast light on the
interpretation of the provisions to which they refer.
2. DEFINITIONS
The following terms, as used in this Contract, are respectively defined as follows:
a. "CONTRACTOR": A person, firm or corporation with whom the Contract is
made with the OWNER or CITY.
b. "Subcontractor": A person, firm or corporation. supplying labor and. materials
or only labor for work at the site of the project for, and under separate
Contract or agreement with, the CONTRACTOR.
c. "Work on (at) the Project": Work to be performed at the location of the
project, including the transportation of materials and supplies to or from the
location of the project by employees of the CONTRACTOR and any
Subcontractor.
d. "OWNER": Refers to the City of Port Arthur, Texas.
e. "CITY": Refers to the City of Port Arthur, Texas.
"ENGINEER": A person, firm, or corporation with whom CITY has contracted
for design and construction services of Project Work.
3. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper
manner his obligations under this Contract, or if the CONTRACTOR shall violate any of
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the covenants, agreements or stipulations of this Contract, the CITY shall thereupon have
the right to terminate this Contract by giving written notice to the CONTRACTOR of such
termination and specifying the effective date thereof, at least five(5) days before the
effective date of such termination. In such event, all finished or unfinished Documents,
data, studies, surveys, drawings, maps, models, photographs and reports prepared by the
CONTRACTOR under this Contract shall, at the option of the CITY, become its property
and the CONTRACTOR shall be entitled to receive just and equitable compensation for
any work satisfactorily completed hereunder. Notwithstanding the above, the
CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the
CITY by virtue of any.breach of the Contract by the CONTRACTOR, and the CITY may
withhold any payments to the CONTRACTOR for the purpose of set-off until such time as
the exact amount of damages due the CITY from the CONTRACTOR is determined.
4. PERSONNEL
a. The CONTRACTOR represents that he has, or will secure at his own expense, all
personnel required in performing the work under this Contract. Such personnel shall not.
be employees of or have any contractual relationship with the CITY.
b. All of the work required hereunder will be performed by the CONTRACTOR or
under his supervision and all personnel engaged in the work shall be fully qualified and
shall be authorized or permitted under state and local law to perform such services.
c. None of the work covered by this Contract shall be subcontracted without the
prior written approval of the C ITY. Any work or services subcontracted hereunder shall be
specified by written Contract or agreement and shall be subject to each provision of this
Contract.
5. REPORTS AND INFORMATION
The CONTRACTOR, at such times and in such forms as the CITY may require, shall
furnish the CITY such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this Contract.
6. RECORDS AND AUDITS
The CONTRACTOR shall maintain accounts and records, including personnel,
property and financial records, adequate to identify and account for all costs pertaining to
the Contract and such other records as may be deemed necessary by the CITY to assure
proper accounting for all project funds, both federal and non-federal shares.
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These records will be made available for audit purposes to the CITY or any
authorized representative, and will be retained for three(3) years after the expiration of this
Contract unless permission to destroy them is granted by the CITY.
FINDINGS CONFIDENTIAL
All of the reports, information, data, etc., prepared or assembled by the
CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they
shall not be made available to any individual or organization without the prior written
approval of the CITY. `
COPYRIGHT
No report, maps or other Documents produced in whole or in part underthis Contract
shall be the subject of an application for copyright by or on behalf of the CONTRACTOR.
9. COMPLIANCE WITH LAWS ,
The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders,
regulations and codes of the federal, state and local governments relating to performance
of the work herein, the protection of adjacent property and the maintenance of
passageways, guard fences or other protective facilities.
10. INTEREST OF.MEMBERS OF CITY
No member of the governing body of the CITY, and no other officer, employee or
agent of the CITY who exercises any functions or responsibilities in connection with the
planning and carrying out of the program, shall have any personal financial interest, direct
or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure
compliance.
11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS
No member of the governing body of the locality and no other public official of such
locality, who exercises any functions or responsibilities in connection with the planning acid
carrying. out of the program, shall have any personal financial interest, direct or indirect, ih
this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance.
12. INTEREST OF CONTRACTOR AND EMPLOYEES
The CONTRACTOR covenants that. he presently has no interest and shall not
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acquire any interest, direct or indirect, in the study area or any parcels therein or any other
interest which would conflict in any manner or degree with the performance of his services
hereunder. The CONTRACTOR further covenants that in the performance of this Contract,
no person having any such interest shall be employed.
13. CERTIFICATES AND PERMITS
Except for required permits issued by OWNER, which shall be issued at no cost to
CONTRACTOR. CONTRACTOR shall secure at his own expense from other public
authorities all necessary certificates, licenses, approvals and permits required in
connection with the work of this Contract or any part thereof, and shall give all notices
required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges
incident to the due and lawful prosecution of the work of this Contract, and any extra work
performed by him.
14. GUARANTEE OF WORK
a. Neither the final certificate of payment nor any provision in the Contract
Documents nor partial or entire occupancy of the premises by the OWNER shall constitute
an acceptance of work not done in accordance with the Contract Documents or relieve the
CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials
or workmanship. The CONTRACTOR guarantees and warrants that all materials and
equipment which are to become part of the work shall be new unless otherwise specified
and that all work will be of good quality and free from faults or defects and in accordance
with the Contract Documents and of any inspections, tests or approvals required by the
Contract Documents, law, ordinance, rules, regulations or orders of any public authority
having jurisdiction. The OWNER will give notice of observed defects with reasonable
promptness.
b. Neither observations by Architect or Engineer nor inspections, tests or approvals
by persons otherthan CONTRACTOR shall relieve CONTRACTOR from his obligations to
perform the work in accordance with the requirements of the Contract.
c. The provisions of this paragraph shall be cumulative of and not in limitation of the
responsibility of CONTRACTOR for defects in the work or materials or damages resulting
therefrom as otherwise provided by the law of the State of Texas or this Contract,
including, without limitation, the implied warranty of fitness of the work and the implied
obligation to perform the work in a good and workmanlike manner.
15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
The CONTRACTOR will be furnished additional instructions and detail drawings as
necessary to carryout the work included in the Contract. The additional drawings and
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instructions thus supplied to the CONTRACTOR will coordinate with the Contract
Documents and will be so prepared that they can be reasonably interpreted as part thereof.
The CONTRACTOR shall carry out the work in accordance with the additional detail
drawings and instructions. The CONTRACTOR and the ArchitecUEngineer will prepare
jointly (a) a schedule, fixing the dates at which special detail drawings will be
required, such drawings, if any, to be furnished by the ArchitecUEngineer in accordance
with said schedule, and (b) a schedule fixing the respective dates for the submission of
shop drawings, the beginning of manufacture, testing and installation of materials, supplies
and equipment, and the completion of the various parts of the work; each such schedule to
be subject to change from time to time in accordance with the progress of the work.
16. SHOP OR SETTING DRAWINGS
The CONTRACTOR shall submit promptly to the ArchitecUEngineerttyo copies of
each shop or setting drawing prepared in accordance with the schedule predetermined as
aforesaid. After examination of such drawings by the ArchitecUEngineer and the return
thereof, the CONTRACTOR shall make such corrections to the drawings as have been
indicated and shall furnish the ArchitecUEngineer with two corrected copies. If requested
by the ArchitecUEngineer, the CONTRACTOR must furnish additional copies. Regardless
of corrections made in or approval given to such drawings by the ArchitecUEngineer; the
CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for
their conformity to the Plans and Specifications, unless he notifies the ArchitecUEngineer in
writing of any deviations at the time he furnishes such drawings.
17. MATERIALS. SERVICES AND FACILITIES
a. It is understood that, except as otherwise specifically stated in the Contract
Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools,
equipment, water, light, power, transportation, superintendents, temporary construction of
every nature and all other services and facilities of every nature whatsoever necessary Yo
execute, complete and deliver the work within the specified time.
b. Any work necessary to be performed after regularworking hours, on Sundays or
Legal Holidays, shall be performed without additional expense to the OWNER.
18. CONTRACTOR'S TITLE TO MATERIALS
No materials or supplies for the work shall be purchased by the CONTRACTOR or
by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract
or other agreement by which an interest is retained by the seller. The CONTRACTOR
warrants that he has good title to all materials and supplies used by him in the work, free
from all. liens, claims or encumbrances.
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19. INSPECTION AND TESTING OF MATERIALS
a. All materials and equipment used in the construction of the project shall be
subject to adequate inspection and testing in accordance with accepted standards. The
laboratory or inspection agency shall be selected by the OWNER. The OWNER will pay
for all laboratory inspection service direct, and not as a part of the Contract.
b.. Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish
conformance with Specifications and suitability for uses intended.
20. "OR EQUAL" CLAUSE
Whenever a material, article or piece of equipment is identified on the Plans or irtthe
Specifications by reference to manufacturers' or vendors' names, trade names, catalogue
numbers, etc., it is intended merely to establish a standard; and, any material, article or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material,
article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal
substance and function. It shall not be purchased or installed by the CONTRACTOR
without the Architect/Engineer's written approval.
21. PATENTS
a. The CONTRACTOR shall hold and save the OWNER and its officers, agents,
servants and. employees harmless from liability of any nature or kind, including cost and
expenses for, or on account of, any patented or unpatented invention; process, article or
appliance manufactured or used in the performance of the Contract, including its use by
the OWNER, unless otherwise specifically stipulated in the Contract Documents.
b. License or Royalty Fees: License and or royalty fees for the use of a process
which is authorized by the OWNER of the project must be reasonable and paid to the
holder of the patent, or his authorized licensee, direct by the OWNER and not by or
through the CONTRACTOR.
c. If the CONTRACTOR uses any design, device or materials covered by letters
patent or copyright, he shall provide for such use by suitable agreement with the OWNER
of such patented or copyrighted design, device or material. It is mutually agreed and
understood that, without exception, the Contract prices shall ihclude all royalties or costs
arising from the use of such design, device or materials in any way involved in the work.
The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of
the project from any and all claims for infringement by reason of the use of such patented
or copyrighted design, device or materials or any trademark or copyright in
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connection with work agreed to be performed under this Contract, and shall indemnify the
OWNER for any cost, expense or damage which it may be obliged to pay by reason of
such infringement at any time during the prosecution of the work or after completion of the
work.
22. SURVEYS
Unless otherwise expressly provided for in the Specifications, the OWNER will
furnish to the CONTRACTOR all surveys necessary for the execution of the work.
23. CONTRACTOR'S OBLIGATIONS
The CONTRACTOR shall and will, in good workmanlike manner, do and perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and
complete all the work required by this Contract, within the time herein specified, in
accordance with the provisions of this Contract and said Specifications and in accordance
with the Plans and drawings covered by this Contract and any and all supplemental Plans
and drawings, and in accordance with the directions of the ArchitecUEngineer as given
from time to time during the progress of the work. He shall furnish, erect, maintain and
remove such construction plant and such temporary works as may be required.
The CONTRACTOR shall observe, comply with and be subject to all terms,
conditions, requirements and limitations of the Contract and Specifications, and shall do,
carry on and complete the entire work to the satisfaction of the ArchitecUEngineer and the
OWNER.
24. INSURANCE
The CONTRACTOR shall not commence work under this Contract until he has
obtained all the insurance required herein and such insurance has been approved by the
OWNER, nor shall the CONTRACTOR allow any Subcontractorto commence work on this
Subcontract until the insurance required of the Subcontractor has been so obtained and
approved.(See information to Bidders, paragraph 5.)
25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS.
(Applicable to federally assisted construction contracts and related subcontracts
exceeding $100,000.00.)
During the performance of this Contract, the CONTRACTOR and all Subcontractors
shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et
sec ., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and
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the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR
Part 15, as amended.
In addition to the foregoing requirements, all nonexempt CONTRACTOR'S and
Subcontractors shall furnish to the OWNER the following:
a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be
utilized in the performance of any nonexempt Contract or Subcontract is not listed on the
List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to
40 CFR 15.20.
b. Agreement by the CONTRACTOR to comply with all the requirements of Section
114 of the Clean Air Act, as amended(42 U.S.C. 1857c-8) and Section 308 of the Federal
Water Pollution Act, as amended (33 U.S.C. 1318) relating to inspection, monitoring, entry,
reports and information, as well as all other requirements specified in said Section 114 and
Section 308 and all regulations and guidelines issued thereunder.
c. A stipulation that, as a condition for the award of the Contract, prompt notice will
be given of any notification received from the Director, Office of Federal Activities, EPA,
indicating that a facility utilized, or to be utilized for the Contract, is under consideration to
be listed on the EPA List of Violating Facilities.
d. Agreement by the CONTRACTOR that he will include, or cause to be included,
the criteria and requirements in paragraphs (a) through (d) of this section in every
nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the
government may direct as a means of enforcing such provisions.
26. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND
ACCIDENT PREVENTION
a. Lead-Based Paint Hazards:
(Applicable to Contracts for construction or rehabilitation of residential structures.)
The construction or rehabilitation of residential structures is subject to the HUD
Lead-Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors
shall comply with the provisions for the elimination of lead-base paint hazards under
subpart. B of said regulations. The OWNER will be responsible for the inspections and
certifications required under Section 35.14(f) thereof.
b. Use of Explosives (Modify as Required)
When the use of explosives is necessary for the prosecution of the work, the
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CONTRACTOR shall observe all local, state and federal laws in purchasing and handling
explosives. The CONTRACTOR shall take all necessary precautions to protect completed
work, neighboring property, water lines or other underground structures. Where there is
danger to structures or property from blasting, the charges shall be reduced and the
material shall be covered with suitable timber, steel or rope mats.
The CONTRACTOR shall notify all OWNER'S of public utility property of the
intention to use explosives at least eight(8) hours before blasting is done, close to such
property. Any supervision or direction of use of explosives by the Engineer does not in any
way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be
caused by such use.
c. Danger Signals and Safety Devices (Modify as Required):
The CONTRACTOR shall make all necessary precautions to guard against damages
to property and injury to persons. He shall put up and maintain in good condition sufficient
red or warning lights at night, suitable barricades and other devices necessary to protect
the public. In case the CONTRACTOR fails or neglects to take such precautions, the
OWNER may have such lights and barricades installed and charge the cost of this work to
the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of
any liability incurred under these Specifications or Contract.
27. SUSPENSION OF WORK
Should the OWNER be prevented or enjoined from proceeding with work or from
authorizing its prosecution either before or after its prosecution, by reason of any litigation,
the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of
said delay, but time for completion of the work will be extended to such reasonable time as
the OWNER may determine will compensate for time lost by such delay with such
determination to be set forth in writing.
28. NATIONAL HISTORIC PRESERVATION ACT OF 1966
The CONTRACTOR agrees to contribute to the preservation and enhancement of
structures and objects of historical, architectural or archaeological significance when such
items are found and/or unearthed during the course of project construction and to consult
with the State Historic Preservation Officer for recovery of the items. (Reference: National
Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No.
11593 of May 31, 1971).
29. REQUIRED PROVISIONS DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this
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Contract shall be deemed to be inserted herein and the Contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any such
provision is not inserted or is not correctly inserted, then upon the application of either
party, the Contract shall forthwith be physically amended to make such insertion or
correction.
30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
In order to protect the lives and health of his employees under the Contract, the
CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and
Safety Standards Act, as amended, commonly known as the Construction Safety Act as
pertains to health and safety standards; and shall maintain an accurate record of all cases
of death, occupational disease and injury requiring medical attention or causing loss of time
from work, arising out of and in the course of employment on work under the Contract.
The CONTRACTOR along shall be responsible for the safety,, efficiency and
adequacy of his plant, appliances and methods, and for any damage which may result from
their failure or their improper construction, maintenance or operation.
31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER
The CONTRACTOR agrees to the use and occupancy of a portion or unit of the
project before formal acceptance by the OWNER, provided the OWNER:
a. Secures written consent of the CONTRACTOR except in the event, in the
opinion of the Architect/Engineer, the CONTRACTOR is chargeable with
unwarranted delay in completing the contract requirements;
b. Secures consent of the Surety;
c. Secures endorsement from the insurance carrier(s) permitting occupancy of
the building or use of the project during the remaining period of construction;
or,
d. When the project consists of more than one building and one of the buildings
is occupied, secures permanent fire and extended coverage insurance,
including a permit from the insurance carrier to complete construction.
32. USE OF PREMISES AND REMOVAL OF DEBRIS
The CONTRACTOR expressly undertakes at his own expense:
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a. To take every precaution against injuries to persons or damage to property;
b. To store his apparatus, materials, supplies and equipment in such orderly fashion,
at the site o the work as will not unduly interfere with the progress of his work or the
work of any other CONTRACTOR'S.
c. To place upon the work or any part thereof only such loads as are consistent with
the safety of that portion of the work;
d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by
his operations, to the end that at all times the site of the work shall present a neat,
orderly and workmanlike appearance;
e. Before final payment to removal all surplus material, false work, temporary
structures, including foundations thereof, plant of any description and debris of every
nature resulting from his operations,.and to put the site in a neat, orderly condition;
f. To effect all cutting, fitting or patching. of his work required to make the same to
conform to the Plans and Specifications and, except with the consent of the
ArchitecUEngineer, not to cut or otherwise alter the work of any other
CONTRACTOR.
33. QUANTITIES OF ESTIMATE
Wherever the estimated quantities of work to be done and materials to be furnished
under this Contract are shown in any of the documents including the proposal, they are
given for use in comparing bids and the right is especially reserved, except as herein
otherwise specifically limited, to increase or diminish them as may be deemed reasonably
necessary or desirable by the OWNER to complete the work contemplated by the Contract,
and such increase or diminution shall in no way vitiate this Contract, nor shall any such
increase or diminution give cause for claims or liability for.damages.
34. LAND AND RIGHTS-OF-WAY
Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way
necessary for the carrying out and completion of work to be performed under this
CONTRACT.
35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS
The Contract Documents are complementary and what is called for by one shall be
as binding as if called for by all. In case of a conflict between any of the Contract
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Documents, priority of interpretation shall be in the following order: Signed
Agreement(including General Conditions), Performance Bond, Payment Bond, Special
Bonds(if any), Proposal, Special Conditions(including Information to Bidders),
Advertisements for Bids, Detailed Drawings, Technical Specifications, General.
Drawings(Plans) and Supplemental General Conditions.
36. NOTICE AND SERVICE THEREOF
Any notice to any CONTRACTOR from the OWNER relative to any part of this
Contract shall be in writing and considered delivered and the service thereof completed
when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his
last given address or delivered in person to the said CONTRACTOR or his authorized
representative on the work.
37. SEPARATE CONTRACT
The CONTRACTOR shall coordinate his operations with those of other
CONTRACTOR'S. Cooperation will be required in the arrangement for the storage of
materials and in the detailed execution of the work. The CONTRACTOR, including his
Subcontractors, shall keep informed of the progress and the detail work of other
CONTRACTOR'S and shall notify the Architect/Engineerimmediately oflack of progress or
effective workmanship on the part of other CONTRACTOR'S.
Failure of a CONTRACTOR to keep informed df the work progressing on the site and
failure to give notice of lack of progress or defective workmanship by others shall be.
construed as acceptance by him of the status of the work as being satisfactory for proper
coordination with his own work.
38. SUBCONTRACTING
a. The CONTRACTOR may utilize the services of specialty Subcontractors on those
parts of work which, under normal contracting practices, are performed by specialty
Subcontractors.
b. The CONTRACTOR shall not award any work to any Subcontractorwithout prior
written approval of the OWNER, which approval will not be given until the
CONTRACTOR submits to the OWNER a written statement concerning the
proposed award to the Subcontractor, which statement shall contain such
information as the-OWNER may require.
c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or
omissions of his Subcontractors, and of persons either directly or indirectly
employed by them, as he is for the acts and omissions of persons directly employed
by him.
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d. The CONTRACTOR shall cause appropriate provisions to be inserted in all
Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by
the terms of the General Conditions and other Contract Documents insofar as
applicable to the work of Subcontractors and to give the CONTRACTOR the same
power as regards terminating any Subcontract that the OWNER may exercise over
the CONTRACTOR under any provision of the Contract Documents.
e: Ndthing contained in this Contract shall create any contractual relation between
any Subcontractor and the OWNER.
39. ARCHITECT/ENGINEERS AUTHORITY
The Architect/Engineershatl give all orders and directions contemplated under this
Contract and Specifications, relative to the execution of the work. The Architect/Engineer
shall determine the amount, quality, acceptability and fitness of the several kinds of work
and materials which are to be paid for under this Contract and shall decide all questions
which may -arise in relation to said work and the construction thereof. The
Architect/Engineers estimates and decisions shall be final and conclusive, except as
herein otherwise expressly provided. In case any question shall arise between the parties
hereto relative to said Contract or Specifications, the determination or decision of the
Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to
receive any money or payment for work under this Contract affected in any manner or to
any extent by such question.
40. MEANING OF INTENT
The Architect/Engineer shall. decide the meaning and intent of any portion of the
Specifications and of any Plans or drawings where the same may be found obscure or be
in dispute. Any differences or conflicts in regard to their work which may arise between the
CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the
OWNER, shall be adjusted and determined by the Architect/Engineer.
41. CONTRACT SECURITY
If the Contract amount exceeds Twenty-five Thousand Dollars ($25,000), a Payment
Bond shall be furnished, and if the contract exceeds One Hundred Thousand
Dollars($100,000.00)a Performance Bond also shall be furnished, on prescribed forms in
the amount of one hundred percent(100%) of the highest amount bid, as security for the
paymentof all persons performing labor on the project under this Contract and furnishing
materials in connection with this Contract and as security for the faithful performance of
this Contract.
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42. ADDITIONAL OR SUBSTITUTE BOND
If at any time the OWNER, forjustifiable cause, shall be or become dissatisfied with
any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR
shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable
bond(or bonds) in such form and sum and signed by such other Surety or Sureties as may
be satisfactory to the OWNER. The premiums on such bond shall be paid by the
CONTRACTOR. No further payments shall be deemed due nor shall be made until the
new Surety and Sureties shall have furnished such an acceptable bond to the OWNER.
43. ASSIGNMENTS
The CONTRACTOR shall not assign the whole or any part of this Contract or any
monies due or to become due hereunder without written consent of the OWNER. In case
the CONTRACTOR assigns all or any part of any monies due orto become due under this
Contract, the instrument of assignment shall contain a clause substantially to the effect that
it is agreed that the right of the assignee in and to any monies due orto become due to the
CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of
services rendered or materials supplied for the performance of the work called for in this
Contract.
44. MUTUAL RESPONSIBILITY OF CONTRACTOR'S
If, through acts of neglect on the part of the CONTRACTOR, any other
CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the
CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by
agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such
other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on
account of any damage alleged to have been sustained, the OWNER shall notify the
CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such
claim.
45. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The Acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things
done or furnished in connection with this work and foreveryact and neglect ofthe OWNER
and others relating to or arising out of this work. No payment, however, final or otherwise,
shall operate to release the CONTRACTOR or his Sureties from any obligations underthis
Contract or the Performance and Payment Bonds.
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46. .PAYMENTS BY CONTRACTOR
The CONTRACTOR shall pay (a) for all transportation and utility services no later
than the 20th day of the calendar month following that in which services are rendered, (b)
for all materials, tools and other expendable equipment to the extent of ninety
percent(90%)cost thereof, no later than the 20th day of the calendar month following that in
which such materials, tools and equipment are delivered at the site of the project, and the
balance of the cost thereof, no later than the 30th day following the completion of that part
of the work in or on which such materials, tools and equipment are incorporated or
used, and (c) to each of his Subcontractors, no later than the 5th day following each
payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on
account of the work performed by his Subcontractors to the extent of each Subcontractors
interest therein.
47. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract, and before the first partial
payment is made, the CONTRACTOR shall deliver to the OWNER an estimated
construction progress schedule inform satisfactory to the OWNER, showing the proposed
dates of commencement and completion of each of the various subdivisions of work
required under the Contract Documents and the anticipated amount of each monthly
payment that will become due the CONTRACTOR in accordance with the progress
schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER
(a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic
itemized estimates of work done forthe purpose of making partial payments thereon. The
costs employed in making up any of these schedules will be used only for determining the
basis of partial payments and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
48. PAYMENTS TO CONTRACTOR
a. Not later than the twentieth (20) day of each calendar month, the OWNER shall
make a progress payment to the CONTRACTOR on the basis of a duly certified and
approved estimate of the work performed during the preceding calendar month under this
Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten
percent (10%) (five percent [5%] if the total contract price exceeds $25,000)of the amount
of each estimate until final completion and acceptance of all work covered by this Contract;
Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day
of the month. Provided further, that on completion and. acceptance of each separate
building, public work or other division of the Contract on which the price is stated separately
in the Contract, payment may be made in full, including retained percentages
thereon, less authorized deductions.
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b. In preparing estimates, the material delivered on the site and preparatory work
done may be taken into consideration.
c. All material and work covered by partial payments made shall thereupon become
the sole property of the OWNER, but this provision shall not be'construed as relieving the
CONTRACTOR from the sole responsibility for the care and protection of materials and
work upon which payments have been made or the restoration of any damaged work or as
a waiver of the right of the OWNER to require the fulfillment of all of the terms of the
Contract.
d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The
CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all
claims growing out of the lawful demands of Subcontractors, laborers, workmen,
mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power
tools and all supplies, including commissary, incurred in the furtherance of the performance
of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after
having sensed written notice on the said CONTRACTOR, either pay unpaid bills, of which
the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid
compensation a sum of money deemed reasonably sufficientto pay any and all such lawful
claims until satisfactory evidence is furnished that all liabilities have been fully discharged
whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms
of this Contract, but in no event shall the provisions of this sentence be construed to
impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In
paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agentof
the CONTRACTOR, and any payment so made by the OWNER shall be considered as a
payment. made under Contract by the OWNER to the CONTRACTOR and the OWNER
shall not be liable to the CONTRACTOR for any such payments made in good. faith. This
provision shall not be construed to give rise to any third party beneficiary rights in
claimants.
49. CORRECTION OF WORK
All work, all materials, whether incorporated in the work or not, all processes of
manufacture and all methods of construction shall be at all times and places subject to the
inspection of the ArchitecUEngineer who shall be the final judge of the quality and suitability
of the work, materials, processes of manufacture and methods of construction for the
purposes for which they are used. Should they fail to meet his approval, they shall be
forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the
CONTRACTOR at his own expense. Rejected material shall immediately be removed from
the site. If, in the opinion of the ArchitecUEngineer, it is undesirable to replace any
defective or damaged materials or to reconstruct or correct any portion of the work injured
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or not performed in accordance with the Contract Documents, the compensation to be paid
to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of
the Architect/Engineer shall be equitable.
50. SUBSURFACE CONDITIONS FOUND DIFFERENT
Should the CONTRACTOR encounter subsurface and/or latent conditions at the site
materially differing from those shown on the Plans or indicated in the Specifications, he
shall immediately give notice to the ArchitecUEngineer of such conditions before they are
disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if
he finds that they materially differ from those shown on the Plans or indicated in the
Specifications, he will at once make such changes in the Plans and/or Specifications as he
may find necessary, any increase or decrease of cost resulting from such changes to be
adjusted in the manner provided: in paragraph 52 of the General Conditions.
51. CLAIMS FOR EXTRA COST ,
No claim for extra work or cost shall be allowed unless the same was done pursuant to
a written order of the Architect/Engineerapyroved by the OWNER, as aforesaid, and the
claim presented with the first estimate after the changed or extra work is done. When work
is performed under the terms of subparagraph 52(c) of the General Conditions, the
CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the OWNER, give the OWNER access to accounts relating
thereto.
52. CHANGES IN WORK
No changes in the work covered by the approved Contract Documents shall be made
without having prior written approval of the OWNER. Charges or credit for the work
covered by the approved change shall be determined by one or more, or a combination of
the following methods:
a. Unit bid prices previously approved.
b. An agreed lump sum. ,
c. The actual cost of:
(1) Labor, including foreman;
(2) Materials entering permanently into the work;
(3) The ownership or rental cost of construction
plant and equipment during the time of use on
the extra work;
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(4) Power and consumable supplies for the operation
of power equipment;
(5) Insurance;
(6) Social Security and old age unemployment
contributions.
To the cost under (c) there shall be added a fixed fee to be agreed upon but~not to
exceed fifteen percent (15%)of the work. The fee shall be compensation to cover the cost
of supervision, overhead, bond, profit and any other general expenses.
53. EXTRAS
Without invalidating the Contract, the OWNER may order extra work or make changes
by altering, adding to or deducting from the work, the Contract sum being adjusted
accordingly, and the consent of the Surety being first obtained where necessary or
desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the
proposal, and no claims for any extra work or materials shall be allowed unless the work is
ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER,
and the price is stated in such order.
54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between the CONTRACTOR and
the OWNER, that the date of beginning and the time for completion as specified in the
Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract;
and it is further mutually understood and agreed that the work embraced in this Contract
shall be commenced on a date to be specified in the "Notice to Proceed".
The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and
without interruption at such rate of progress as will insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the CONTRACTOR
and the OWNER, that the time for the completion of the work described herein is a
reasonable time forthe completion of same, taking into consideration the average climatic
range and usual industrial conditions prevailing in this locality.
If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the
time herein specified, or any proper extension thereof granted by the OWNER, then the
CONTRACTOR does hereby agree, as a part consideration for the awarding of this
Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but
as liquidated damages for such breach of Contract as hereinafter set forth, foreach and
every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and
Federal, State, and City holidays and that the CONTRACTOR shall be in default after the
time stipulated in the Contract for completing the work.
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The said amount is fixed and agreed upon by and between the CONTRACTOR and the
OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the
actual damages the OWNER would in such event sustain, and said amount is agreed to be
the amount of damages which the OWNER would sustain and said amount shall be
retained from time to time by the OWNER from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract
and of the Specifications wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where under the Contract an additional time is
allowed for the completion of any work, the new time limit fixed by such extension shall be
of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged
with any part of liquidated damages or any excess cost when the OWNER determines that
any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER
determines that the request for extension by the CONTRACTOR is justified and due to:
a. Any preference, priority or allocation order duly issued by the government;
b. The following unforeseeable causes, namely: acts of the public enemy, acts of
the OWNER, acts of another CONTRACTOR in the performance of a Contract with the
OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
earthquakes, hurricanes and. tornadoes; and rainy days claimed by the CONTRACTOR;
however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or
OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather
that day. Failure to so report will eliminate any claim for time extension because of rainy
weather on that day.
c. Rainy weather when 60 percent of his work force cannot work for seven(7) hours
or more that day because of rainy weather and providing that he has complied with the
conditioh under 54(b).
d. Any delays of Subcontractors or suppliers occasioned by any of the causes
specified in subsections (a) and (b) of this article.
It is also agreed that for each five (5) regular days of work lost due to any of the
foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4
calendar days added for each one (1) regular day of work lost). Fractional calendar days
wilt be rounded to the nearest whole number of days.
Provided, further, that the CONTRACTOR shall, within ten (10) days from the
beginning of such delay, unless the OWNER shall grant a further period of time priorto the
date. of final settlement of the Contract, notify the OWNER, in writing, of the causes of
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delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR
within reasonable time of'its decision. in the matter.
Provided; that this provision for liquidated damages shall be cumulative of and not in
limifation of any other remedy available to OWNER, including, without limitation, the right to
terminate as provided in paragraph 3 and. to recover additional damages for any excess
cost in otherwise completing the work.
55. WEATHER CONDITIONS
In the event of temporary suspension of work, or during inclement weather, or
whenever the ArchitecUEngineer shall direct, the CONTRACTOR will, and will cause his
Subcontractors to, protect carefully his, and their, work and materials against damage or
injury from the weather. If, in the opinion of the ArchitecUEngineer, any work or materials
shall have been damaged or injured by reason of failure on the part of the CONTRACTOR
or any of his Subcontractors so to protect his work, such materials shall be removed and
replaced at the expense of the CONTRACTOR.
56. PROTECTION OF WORK AND PROPERTY--EMERGENCY
The CONTRACTOR shall at all times safely guard the OWNER'S property from
injury or loss in connection with this Contract. He shall. at all times safely guard and protect
his own work, and that of adjacent property, from damage. The CONTRACTOR shall
replace or make good any such damage, loss or injury unless such be caused directly by
errors contained in the Contract or by the OWNER, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property and/or safety of
life, the CONTRACTOR will be allowed' to acf, without previous instructions from the
ArchitecUEngineer, in a diligentmanner: He shall notify the ArchitecUEngineerlmmediately
thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall
be promptly submitted to the ArchitecUEngineerfnr approval.
Where the CONTRACTOR has not taken action but has notified the
ArchitecUEngineer of an emergency threatening injury to persons or damage to the work or
any adjoining property, he shall act as instructed or authorized by the ArchitecUEngineer.
The amount of reimbursement. claimed by the CONTRACTOR on account of any
emergency action shall be determined in the manner provided in paragraph 52 of the
General Conditions.
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57. INSPECTION
-The authorized representatives and agents of the shall be permitted to inspect all
work, materials, payrolls, records of personnel, invoices of materials and other relevant
data and records.
58. SUPERINTENDENCE BY CONTRACTOR
At the site of the work, the CONTRACTOR shall employ a construction
superintendent or foreman who shall have full authority to act forthe CONTRACTOR. It is
understood that such representative shall be acceptable to the ArchitecUEngineer and shall
be one who can be continued in the capacity for the particular job involved unless he
ceases to be on the CONTRACTOR'S payroll.
59. FEDERAL LABOR STANDARDS PROVISIONS
All laborers and mechanics employed upon the work covered by this Contract shall
be paid unconditionally and not less often than once each week and without subsequent
deduction or rebate on any account (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are permitted by the applicable
regulations issued by the Secretary of Labor, United States Department of Labor, pursuant
to the Anti-Kickback Act hereinafter identified) the full amount due at time of payment
computed at wage rates not less than those contained in the wage determination decision
of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by
reference), regardless of any contractual relationship which may be alleged to exist
between the CONTRACTOR or any Subcontractor and such laborers and mechanics. All.
laborers and mechanics employed upon such work shall be paid in cash, except that
payment may be by check if the employer provides or secures satisfactory facilities
approved by the OWNER for the cashing. of the same without cost or expense to the
employee. For the purpose of this clause, contributions made or costs reasonably
anticipated under Section 1(b) (2) of the Davis Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal. Regulations. Also, for the
purpose of this clause, regular contributions made or costs incurred for more than a weekly
period under Plans, funds or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly period.
60. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the CONTRACTOR or by any Subcontractor
to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work
covered by the Contract, the OWNER, in addition to such other rights as maybe afforded it
under this Contract, shall withhold from the CONTRACTOR, out of any payments due
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the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such
laborers or mechanics the full amount of wages required by this Contract. The amount so
withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or
the Subcontractor(as may be appropriate), to the respective laborers or mechanics to
whom the same is due or on their behalf to Plans, funds or programs for any type of fringe
benefit prescribed in the applicable wage determination. .
61. ANTICIPATED COSTS OF FRINGE BENEFITS
If the CONTRACTOR does not make payments to a trustee or other third person,
he may consider, as part of the wages of any laborer or mechanic, the amount of any costs
reasonable anticipated in providing fringe benefits under a Plan or program of a type
expressly listed in the wage determination decision of the Secretary of Labor which is a
part of this Contract: Provided, however, the Secretary of Labor has found, upon the
written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside
in a separate account assets for the meeting of obligations under the plan or program. A
copy of any findings made by the Secretary of Labor in respect to fringe benefits being
provided by the CONTRACTOR must be submitted to the OWNER with the first payroll
filed by the CONTRACTOR subsequent to receipt of the findings.
62. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT (76 Stat. 357-360: TITLE 40 U S C. SECTIONS
327-332
a. Overtime Requirements: No CONTRACTOR or Subcontractor contracting for any
part of the Contract work which may require or involve the employment of laborers or
mechanics, including watchmen and guards, shall require or permit any laborer or
mechanic in any work week in which he is employed on such work to work in excess of
forty (40) hours in such work week unless such laborer or mechanic receives compensation
at a rate not less than one and one-half times his basic rate of pay for all hours worked in
excess of forty (40) hours in such work week.
b. Violation -Liability far Unpaid Wages Liquidated Damages: In the event of any
violation of the clause set forth in paragraph (a), the CONTRACTOR and any
Subcontractor responsible therefore shall be liable to any affected employee for his unpaid
wages. In addition, such CONTRACTOR and Subcontractor shall be liable to the United
States for liquidated damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violations of the clause set forth in
paragraph (a), in the sum of Ten Dollars($10.00) for each calendar day on which such
employee was required or permitted to work in excess of forty(40) hours without payment
of the overtime wages required by the clause set forth in paragraph (a).
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c. Withholding for Liquidated Damages: The OWNER shall withhold or cause to be
withheld from any monies payable on account of work performed bythe CONTRACTOR or
Subcontractor such sums as may administratively be determined to be necessary to satisfy
any liabilities of such CONTRACTOR or Subcontractor for liquidated damages as provided
in the clause set forth in paragraph (b).
d. Subcontracts: The CONTRACTOR shall insert in any Subcontracts the clauses
set forth in paragraphs (a), (b) and (c) of this section and. also a clause requiring the
Subcontractors to include these clauses in any lower tier Subcontracts which they may
enter into, together with a clause requiring this insertion in any further Subcontracts that
may in turn be made.
63. EMPLOYMENT OF APPRENTICESITRAINEES
a. Apprentices: Apprentices will be permitted to work at less than the predetermined
rate forthe work they performed when they are employed and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower
Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship
agency recognized by the Bureau, or if a person is employed in his first ninety (90) days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices
to journeymen in any craft classification shall not be greater than the ratio permitted to the
CONTRACTOR as to his entire work force under the registered program. Any employee
listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision
(b) of this subparagraph or is not registered or otherwise employed as stated above, shall
be paid the wage rate determined by the Secretary of Labor for the classification of work
he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to
the contracting officer or a representative of the Wage-Hour Division of the U.S.
Department of Labor written evidence of the registration of his program and apprentices as
well as the appropriate ratios and wage rates(expressed in percentages ofthejourneyman
hourly rates) for the area of construction prior to using any apprentices on the Contract
work. The wage rate paid apprentices shall be not less than the. appropriate percentage of
the journeyman's rate contained in the applicable wage determination.
b. Trainees: Except as provided in 29 CFR 5.15, trainees will not be permitted to
work at less than the predetermined rate forthe work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification, by the U.S. Department of Labor, Manpower
Administration,. Bureau of Apprentice and Training. The ratio of trainees,to journeymen
shall not be greater than permitted under the plan approved by the Bureau of
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Apprenticeship and Training. Every trainee must be paid at not less than the rate specified
in the approved program for his level of progress. Any employee listed on the payroll at a
trainee rate, who is not registered and participating in a training plan approved by the
Bureau of Apprenticeship and Training, shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of work he actually performed.
The CONTRACTOR or Subcontractorwill be required to furnish the contracting officer or a
representative of the Wage-Hour Division of the U.S. Department of Labor v/ritten
evidence of the certification of his program, the registration of the trainees and the ratios
and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and
Training withdraws approval of a training program, the CONTRACTOR will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is provided.
c. Equal Employment Opportunity: The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order No. 11246, as amended, and 29 CFR Part 30.
64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen (16) years and no person who, at the time, is
serving sentence in a penal or correctional institution shall be employed on the work
covered by this Contract.
65. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID
WAGE DETERMINATION DECISION
Unlisted classifications needed for work not included. within the scope of the
classifications listed in the wage determination in this Contract may be added after award
only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (ii).
66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The OWNER shall require, whenever the minimum wage rate prescribed in the
Contract for a class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash
equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In
the event the interested parties cannot agree upon a cash equivalent of the fringe benefit,
the question, accompanied by the recommendation of the OWNER, shall be referred,
through the Secretary of Housing and Urban Development, to the Secretary of Labor for
determination.
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67. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
The applicable wage poster and the applicable wage determination decisions, with
respect to the various classification of laborers and mechanics employed and to be
employed upon the work covered by this Contract, and a statement showing all deductions,
if any, in accordance with the provisions of this Contract, to be made from wages actually
earned by persons so employed or to be employed in such classifications, shall be posted
at appropriate conspicuous points at the site of-the work.
68. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other labor standards
provisions of this Contract are applicable shall be discharged or in any other manner
discriminated against by the CONTRACTOR or any Subcontractor because such employee
has filed any complaint or instituted or caused to be instituted any proceeding or has
testified or is about to testify in any proceeding under or relating to the labor standards
applicable under this Contract to his employer.
69. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and
mechanics employed upon the work covered by this Contract shall be promptly reported by
the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary
of Housing and Urban Development to the Secretary of Labor, United States Department
of Labor, whose decision shall be final with respect thereto.
70. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND
REGULATIONS
All questions arising under this Contract which relate to the application or
interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and
Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the
labor standards provisions of any other pertinent federal statute, shall be referred, through
the OWNER and the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor, for said Secretary's appropriate ruling or
interpretation which shall be authoritative and may be relied upon for the purposes of this
Contract.
71. PAYROLLS AND
The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms
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satisfactory to and in accordance with instructions to be furnished by the OWNER. The
CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls of the
CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOR
shall be responsible for the submission of copies of payrolls of all Subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of
Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the
CONTRACTOR and each Subcontractor covering all laborers and mechanics employed
upon the work covered by this Contract shall be maintained during the course of the work
and preserved for a period of three (3) years thereafter. -Such payrolls and basic payroll
records shall contain the name and address of each employee, his correct classification,
rate of pay(including rates of contributions or costs anticipated of the types described in
Section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. In addition, wheneverthe Secretary of Labor has
found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the wages
of ahy laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plah or program described in Section 1(b) (2) (B) of the
Davis-Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible and that the plan or program has been communicated in writing to
the laborers or mechanics affected, and will maintain records which show the costs
anticipated or the actual cost incurred in providing such benefits. The CONTRACTOR and
each Subcontractor shall make his employment records, with respect to persons employed
by him upon the work covered by this Contract, available for inspection by authorized
representatives of the Secretary of Housing and Urban Development, the OWNER and the
United States Department of Labor. Such representatives shall be permitted to interview
employees of the CONTRACTOR or of any Subcontractors during working hours on the
job.
72. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of the project or
program to which the ContracYpertains by the employees of the CONTRACTOR or of any
Subcontractor and the manufacturing or furnishing of materials, articles, supplies or
equipment on the site of the project or program to which this Contract pertains by persons
employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this
Contract, and without limiting the generality of the foregoing provisions of this Contract,
shall be deemed. to be work to which these Federal Labor Standards Provisions are
applicable.
73. INELIGIBLE SUBCONTRACTORS
The CONTRACTOR shall not subcontract any part of the work covered by this
Contract or permit subcontracted work to be further subcontracted without the OWNER'S
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prior written approval of the Subcontractor. The OWNER will not approve any
Subcontractor for work covered by this Contract who is at the time ineligible under the
provisions of any applicable regulations issued by the Secretary of Labor, United States
Department of Labor, or the Secretary of Housing and Urban Development to receive an
award of such Subcontract.
74. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The CONTRACTOR shall include or cause to be included in each subcontract
covering any of the work covered by this Contract, provisions which are consistent with
these Federal Labor Standards Provisions and also a clause requiring the Subcontractors
to include such provisions in any lower tier Subcontracts which they may enter into,
together with a clause requiring such insertion in any further Subcontracts that may in turn
be made.
75. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set
forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or
any Subcontractor, whose Subcontract covers any of the work covered by this Contract,
shall breach any of these Federal Labor Standards Provisions. A breach of these Federal
Labor Standards Provisions may also be grounds for debarment as provided by the
applicable regulations issued by the Secretary of Labor, United States Department of
Labor.
76. EMPLOYMENT PRACTICES
The CONTRACTOR (1) shall, to the greatest extent practicable, follow hiring and
employment practices for work on the project which will provide new job opportunities for
the unemployed and underemployed, and (2) shall insert or cause to be inserted the same
provision in each construction Subcontract.
77. CONTRACT TERMINATION; DEBARMENT
A breach of Section 45 and the Federal Labor Standards Provisions may be grounds
for termination of the Contract and for debarment as provided in 29 CFR 5.6.
78. KICKBACKS FROM PUBLIC WORKS EMPLOYEES
a. Whoever, by force, intimidation or threat of procuring dismissal from employment
or by any other manner whatsoever, induces any person employed in the construction,
prosecution, completion or repair of any public buildings, public works or buildings or works
financed in whole or in part by loans or grants from the United States to give up any
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part of the compensation to which he is entitled under this Contract of employment, shall
be fined not more than $5,000 or imprisoned not more than five (5) years, or both.
b. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S
and Subcontractors engaged in the construction, prosecution, completion or repair of
public buildings, public works or buildings or works financed in whole or in part by loans or
grants from the United States, including a provision that each Contractor and
Subcontractor shall furnish weekly a statement with respect to the wages paid each
employee during the preceding week. Section 1001 of Title 18 (United States Code) shall
apply to such statements.
c. Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United
States Department of Labor, has promulgated the regulations hereinafter set forth, which
regulations are found in Title
29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part", as used in the
regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations
follow in Section 79.
79. LABOR-TITLE 29 CFR PART 3
This part prescribes "Anti-Kickback" regulations under Section 2 of the Act of June
13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part
applies to any Contract which is subject to federal wage standards and which is for the
construction, prosecution, completion or repair of public buildings, public works or buildings
or works financed in whole or in part by loans or grants from the United States. This part is
intended to aid in the enforcement of the minimum wage provisions ofthe Davis-Bacon Act
and the various statutes dealing with federally-assisted construction that contain similar
minimum wage provisions, including those provisions which are not subject to
Reorganization Plan No. 14 (e.g. the College Housing Act of 1950, the Federal Water
Pollution Control Act and the Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they are applicable to
construction work. This part details the obligation of CONTRACTOR'S and Subcontractors
relative to the weekly submission of statements regarding the wages paid on work covered
thereby, sets forth the circumstances and procedures governing the making of payroll
deductions from the wages of those employed on such work and delineates the methods of
payment permissible on such work.
Section 3.2 definitions as used in this part:
a. The terms "building" or "work" generally include construction activity as
distinguished from manufacturing, furnishing or materials or servicing and maintenance
work. The terms include without limitation, buildings, structures and improvements of all
types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels,
sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers,
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wharves, ways, lighthouses, buoys, jetties, breakwaters, levees and canals; dredging,
shoring, scaffolding, drilling, blasting, excavating, clearing and landscaping. Unless
conducted in connection with and at the site of such a building or work as is described in
the foregoing sentence, the manufacture or furnishing of materials, articles, supplies or
equipment (whether or not a federal or state agency acquires title to such materials,
articles, supplies orequipment during the course of the manufacture or furnishing or owns
the materials from which they are manufactured or furnished) is not a "building" or "work"
within the meaning of the regulations in this part.
b. The terms "construction", "prosecution", "completion" or "repair" mean all types of
work done on a particular building or work at the site thereof, including, without limitation,
altering, remodeling, painting and decorating, the transporting of materials and supplies to
or from the building or work by the employees of the construction contractor or
construction subcontractor, and the manufacturing or furnishing of materials, articles,
supplies orequipment on the site of the building or work by persons employed at the site
by the CONTRACTOR or Subcontractor.
c. The terms "public building" or "public work" include building or work for whose
construction, prosecution, completion or repair, as defined above, a federal agency is a
contracting party, regardless of whether title thereof is in a federal agency.
d. The term "building or work financed in whole or in part by loans or grants from the
United States" includes building or work for whose construction, prosecution completion or
repair, as defined as above, payment or part payment is made directly or indirectly from
funds provided by loans or grants by a federal agency. The term does not include building
or work for which federal assistance is limited solely to loan guarantees or insurance.
e. Every person paid by a CONTRACTOR or Subcontractor in any manner for his
labor in the construction, prosecution, completion or repair of any public buildings, or public
works or buildings or works financed in whole or in part by loans or grants from the United
States is "employed" and receiving "wages", regardless of any contractual relationship
alleged to exist between him and the real employer.
f. The term "any affiliated person" includes a spouse, child, parent or other close
relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR
or Subcontractor; a corporation closely connected with the CONTRACTOR or
Subcontractor as parent, subsidiary or otherwise, and an officer or agent of such
corporation.
g. The term "federal agency" means the United States, the District of Columbia, and
all executive departments, independent establishments, administrative agencies and
instrumentalities of the United States and of the District of Columbia, including
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corporations, all or substantially all of the stock which is beneficially owned by the United
States, by the District of Columbia or any of the foregoing departments, establishments,
agencies and instrumentalities.
80. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES
a. As used in this section, the term "employee" shall not apply to persons in
classifications higher than that of laborer or mechanic and those who are the immediate
supervisors of such employees.
b. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution,
completion or repair of any public buildings, or publioworks, or buildings orworks financed
in whole or in part by loans or grants from the United States, shall furnish. each week a
statement with respect to the wages paid each of its employees engaged on work covered
by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall
be executed by the CONTRACTOR or Subcontractor or by art authorized officer or
employee of the CONTRACTOR or Subcontractor who supervises the payment of wages
and shall be on form WH 348, "Statement of Compliance", or on identical form on the
back of WH 347, "Payroll (for CONTRACTOR'S Optional Use)" or on any form with
identical wording. Sample copies of WH 347 and WH 348 may be obtained from the
government contracting or sponsoring agency and copies of these forms may be
purchased at the Government Printing Office.
c. The requirements of this section shall not apply to any Contract for Two
Thousand Dollars ($2,000) or less.
d. Upon a written finding by the head of a federal agency, the Secretary of Labor
may provide reasonable limitations, variatioris, tolerances and exemptions from the
requirements of this section subject to such conditions as the Secretary of Labor may
specify.
81. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND
INSPECTION OF WEEKLY PAYROLL RECORDS
a. Each weekly statement required under § 3.3 shall be delivered by the
CONTRACTOR or Subcontractor, within seven (7) days after the regular payment date of
the payroll period, to a representative of OWNER in charge at the site of the building or
work or, if there is no representative of OWNER at the site of the building or work, the
statement shall be mailed by the CONTRACTOR or Subcontractor, within such time, to the
OWNER. After such examination and check as may be made, such statement, ora copy
thereof, shall be kept available and shall be transmitted together with a report of any
violation, in accordance with applicable procedures prescribed by the United States
Department of Labor.
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b. Each CONTRACTOR or Subcontractor shall preserve his weekly payroll records
for a period of three (3) years from date of completion of the Contract. The payroll records
shall set out accurately and completely the name and address of each laborer and
mechanic, his correctclassification, rate of pay, daily and weekly number of hours worked,
deductions made and actual wages paid. Such payroll records shall be made available at
all times for inspection. by the contracting officer or his authorized representative and by
authorized representatives of the Department of Labor.
82. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR
APPROVAL OF THE SECRETARY OF LABOR
Deductions made under the circumstances or in the situations described in the
paragraphs of this section may be made without application to and approval of the
Secretary of Labor.
a. Any deduction made in compliance with the requirements of federal, state or local
law, such as federal or state withholding income taxes and federal social security tax.
b. Any deduction of sums previously paid to the employee as a bona fide
prepayment of wages when such prepayment is made without. discount or interest. A
"bona fide prepayment of wages" is considered to have been made only when cash or its
equivalent has been advanced to the person employed in such manner as to give him
complete freedom of disposition of the advanced funds.
c. Any deduction of amounts required by court process to be paid to another, unless
the deduction is in favor of the CONTRACTOR, Subcontractor or any affiliated person, or
when collusion or collaboration exists.
d. Any deduction constituting a contribution on behalf of the person employed to
funds established by the employer or representatives of employees, or both, for the
purpose of providing either from principal or income, or both, medical or hospital care,.
pensions or annuities on retirement, death benefits, compensation.for injuries, illness,
accidents, sickness or disability, or for insurance to provide any of the foregoing, or
unemployment benefits, vacation pay, savings accounts or similar payments for the benefit
of employees, their families and dependents: Provided, however, that the following
standards are met: (1) the deduction is not otherwise prohibited by law; (2) it is either (i)
voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the obtaining of or for
the continuation of employment, or (ii) provided for in a bona fide collective bargaining
agreement between the CONTRACTOR or Subcontractor and representatives of its
employees; (3) no profit or other benefit is otherwise obtained directly or indirectly, by the
CONTRACTOR or Subcontractor or any affiliated person in the form of commission,
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dividend or otherwise; and (4) the deductions shall serve the convenience and interest of
the employee.
e. Any deduction contributing toward the purchase of United States Defense
Stamps and Bonds when voluntarily authorized by the employee.
f. Any deduction requested by the employee to enable him to repay loans to, or to
purchase shares in credit unions organized and operated in accordance with federal and
state credit union statutes.
g. Any deduction voluntarily authorized by the employee for the making of
contributions togovernmental orquasi-governmental agencies such as the American Red
Cross.
h. Any deductions voluntarily authorized by the employee for the making of
contributions to Community Chests, United Givers Funds and similar charitable
organizations.
i. Any deductions to pay regular union initiation fees and membership dues, not
including fines or special assessments: Provided, however, that a collective bargaining
agreement between the CONTRACTOR or Subcontractor and representatives of its
employees provides for such deductions. and the deductions are not otherwise prohibited
by law.
j. Any deduction not more than for the "reasonable cost" of board, lodging or other
facilities meeting the requirements of Section 3(m) of the Fair Labor Standards Act of
1938, as amended, and Part 531 of this title. When such a deduction is made, the
additional records required under § 516.27(a) of this title shall be kept.
83. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE
SECRETARY OF LABOR
Any CONTRACTOR or Subcontractor may apply to the Secretary of Labor for
permission to make any deduction not permitted under §3.5. The Secretary may grant
permission whenever he finds that:
a. The CONTRACTOR, Subcontractor or any affiliated person does not make a
profit or benefit directly or indirectly from the deduction either in the form of a commission,
dividend or otherwise;
b. The deduction is not otherwise prohibited by law;
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c. The deduction is either (1) voluntarily consented to by the employee in writing and
in advance of the period in which the work is to be done and such consent is not a
condition either for the obtaining of employment or its continuance, or (2) provided for in a
bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor
and representatives of its employees; and
d. The deduction serves the convenience and interest of the employee.
84. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR
Any application for the making of payroll deductions under §3.6 shall comply with
the requirements prescribed in the following paragraphs of this section:
a. The application shall be in writing and shall be addressed to the Secretary of
Labor.
b. The application shall identify the Contract or Contracts under which the work in
question is to be performed. Permission will be given for deductions only on specific,
identified Contracts, except upon a showing of exceptional circumstances.
c. The application shall state affirmatively that there is compliance with the
standards set forth in the provisions of §3.6. The affirmation shall be accompanied by a
full statement of the facts indicating such compliance.
d. The application shall include a description of the proposed deduction, the
purpose to be served thereby and the classes of laborers or mechanics from whose wages
the proposed deduction would be made.
e. The application shall state the name and business of any third person to whom
any funds obtained from the proposed deductions are to be transmitted and the affiliation
of such person, if any, with the applicant.
85. SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS
The Secretary of Labor shall decide whether or not the requested deduction is
permissible under provisions of §3.6 and shall notifythe applicant in writing of his decision.
86. PROHIBITED PAYROLL DEDUCTIONS
Deductions not elsewhere provided for by this part and which are not found to be
permissible under §3.6 are prohibited.
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87. METHODS OF PAYMENT OF WAGES
The payment of wages shall be by cash, negotiable instruments payable on demand
or the additional forms of compensation for which deductions are permissible under this
part. No other methods of payment shall be recognized on work subject to the Copeland
Act.
88. REGULATIONS PART OF CONTRACT
All Contracts made with respect to the construction, prosecution, completion or
repair of any public building or public work or building or work financed in whole or in part'
by loans or grants from the United States covered by the regulations in this part shall
expressly bind the CONTRACTOR or Subcontractorto comply with such of the regulations
in this part as may be applicable. In this regard, see §5.5(a) of this subtitle.
89. EQUAL OPPORTUNITY PROVISIONS (E.O. 11246)
a. Activities and Contracts Subject to Executive Order 11246, as Amended
(applicable to federally-assisted construction contracts and related subcontracts underTen
Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR
agrees as follows:
(1) The CONTRACTOR shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin., The
CONTRACTOR shall take affirmative action to ensure that applicants for employment are
employed and that employees are treated during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
(2) The CONTRACTOR shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided Contracting Officer
setting forth the provisions of this nondiscrimination clause. The CONTRACTOR shall
state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
(3) CONTRACTOR'S shall incorporate foregoing requirements in all
Subcontracts.
b. Contracts Subject to Executive Order 11246, as Amended (applicable to
federally-assisted construction contracts and related subcontracts exceeding Ten
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Thousand Dollars($10,000)): During the performance ofthis Contract, the CONTRACTOR
agrees as follows:
(1) The CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin. The
CONTRACTOR will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, religion, sex
or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion ortransfer, recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The CONTRACTOR agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
(2) The CONTRACTOR will, in all solicitations or advertisements for
employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex or national
origin.
(3) The CONTRACTOR will send to each labor union or representative of
workers, with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer advising the
said labor union or workers' representatives of the CONTRACTOR'S commitment under
this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The CONTRACTOR will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
(5) The CONTRACTOR will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, records
and accounts by the Department and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations and orders.
(6) In the event of the CONTRACTOR'S noncompliance with the non-
discrimination clauses ofthis Contract or with any of the said rules, regulations or orders,
this Contract may be cancelled, terminated or suspended in whole or in part, and the
CONTRACTOR may be declared ineligible for further government CONTRACTOR'S or
federally assisted construction Contract in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, or by rule, regulation. or order of the
Secretary of Labor, or as otherwise provided by law.
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(7) The CONTRACTOR will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraph (1) through (7) in every
Subcontract or purchase order unless exempted by rules, regulations or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The
CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each Subcontractor or
vendor. The CONTRACTOR will take such action with respect to any Subcontract or
purchase order as the. Department may direct as a means of enforcing such provisions,
including sanctions of noncompliance: Provided, however, that in the event a
CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontract or
vendor as a result of such direction by the Department, the CONTRACTOR may request
the United States to enter into such litigation to protect the interest of the United States.
c. Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246) (applicable to contracts/subcontracts exceeding Ten
Thousand Dollars ($10,000)):
(1) The Offeror's or Bidder's attention is called to the "Equal Opportunity
Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract
Specifications" set forth herein.
(2) The goals and timetables for minority and female participation, expressed
in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all
construction work in the covered area, are as follows:
Timetable Goals for Minority Goals for Female
Participation for Participation in
Each Trade Each Trade
These goals are applicable to all the CONTRACTOR'S construction work (whether or not
it is federal or federally assisted) performed in the covered area.
The CONTRACTOR'S compliance with the Executive Order and the regulations in
41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,
specific affirmative action obligations required by the Specifications set forth in 41 CFR
60-4.3(a), and its efforts to meet the goals established for the geographical area where the
Contract resulting from this solicitation is to be performed: The hours of minority and
female employment and training must be substantially uniform throughout the length of the
Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer of minority or
female employees or trainees from CONTRACTOR to CONTRACTOR or from project to
project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of
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the Contract,. the Executive Order and the regulations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.
(3) The CONTRACTOR shall provide written notification to the Director of the
Office of Federal Contract Compliance Programs within ten (10) working days of award of
any construction subcontract in excess of $10,000 at any tier for Construction work under
the Contract resulting from this solicitation. The notification shall list the name, address
and. telephone number of the Subcontractor; employer identification number; estimated
dollar amount of the Subcontract; estimated starting and completion dates of the
Subcontract; and the geographical area in which the Contract is to be performed.
(4) As used in this Notice, and in the Contract resulting from this solicitation,
the "covered area" is Port Arthur, Jefferson County, Texas.
d. Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246):
(1) As used in these Specifications: .
(a) "Covered area" means the geographical area described in the
solicitation from which this contract resulted;
(b) "Director" means Director, Office of Federal Contract Compliance
Programs, United States Department of Labor, or any person to
whom the Director delegates authority;
(c) "Employer identification number" means the Federal Social
Security number used on the Employer's Quarterly Federal Tax
Return, U.S. Treasury Department Form 941.
(d) "Minority" includes:
(i) Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish Culture or origin, regardless of
race);
(iii) Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia the Indian
Subcontinent or the Pacific Islands); and
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(iv) American Indian or Alaskan Native (all persons having origins in
any of the original peoples of North American maintaining identifiable
tribal affiliations through membership and participation or community
identification).
(2) Whenever the CONTRACTOR, or any subcontractor at any tier,
Subcontracts a portion of the work involving any construction trade, it shall physically
included in each Subcontract in excess of $10,000 the provisions of these Specifications
and the Notice which contains the applicable goals for minority and female participation
and which is set forth in the solicitations from which this Contract resulted.
(3) If the CONTRACTOR is participating (pursuant to 41 CFR 60-4.5) in a
Hometown Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all work in the
Plan area (including goals and timetables) shall be in accordance with that Plan for those
trades which have unions participating in the Plan. CONTRACTOR'S must be able to
demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each CONTRACTOR or Subcontractor participating in an approved Plan
is individually required to comply with its obligations under the EEO clause and to make a
good faith effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other CONTRACTOR'S or
Subcontractors toward a goal in an approved Plan does not excuse any covered
CONTRACTOR'S or Subcontractors failure to take good faith efforts to achieve the Plan
goals and timetables.
(4) The CONTRACTOR shall implement the specific affirmative action
standards provided in paragraphs 7a through 7p of these Specifications. The goals set
forth in the solicitation from which the Contract resulted are expressed as percentages of
the total hours of employment and training of minority and female utilization the
CONTRACTOR should reasonably be able to achieve in each Construction trade in which
it has employees in the covered area. Covered. construction CONTRACTOR'S perfdrming
construction work in geographical areas where they do not have a federal or federally
assisted construction Contract shall apply the minority and female goals established for the
geographical area where the work is being performed. Goals are published periodically ih
the Federal Register in notice form, and such notices may be obtained from any Office of
Federal Contract Compliance Programs office or from Federal Procurement Contracting
Officers. The CONTRACTOR is expected to make substantially uniform progress toward
its goals in each craft during the period specified.
(5) Neither the provisions of any collective bargaining agreement nor the
failure by a union with whom the CONTRACTOR has a collective bargaining agreementto
refer either minorities or women shall excuse the CONTRACTOR'S obligations under
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these Specifications, Executive Order 11246, or the regulations promulgated pursuant
thereto.
(6) In order for the non-working training hours of apprentices and trainees to
be counted in meeting the goals, such apprentices and trainees must be employed by the
CONTRACTOR during the training period, and the CONTRACTOR must have made a
commitment to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be trained pursuant
to training programs approved by the U.S. Department of Labor.
(7) The CONTRACTOR shall take specific affirmative actions to ensure equal
opportunity. The evaluation of the CONTRACTOR'S compliance with these Specifications
shall be based upon its effort to achieve maximum results from its actions. The
CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION
steps at least as extensive as the following:
a) Ensure and maintain a working environment free of harassment,
intimidation and coercion at all sites and in all facilities at which the CONTRACTOR'S
employees are assigned to work: The CONTRACTOR, where possible, will assign two
or more women to each construction project. The CONTRACTOR shall specifically
ensure that all foreman,. superintendents and other on-site supervisory personnel are
aware of and carry out the CONTRACTOR'S obligation to maintain such a working
environment, with specific attention to minority or female individuals working at such
sites or in such facilities.
b) Establish and maintain a current list of minority and female
recruitment sources, provide written notification to minority and female recruitment sources
and to community organizations when the CONTRACTOR or its unions have employment
opportunities available and maintain a record of the organizations responses.
c) Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-the-street applicant and minority orfemale referral
from a union, a recruitment source or community organization and of what action was
taken with respect to each such individual. If such individual was sent to the union hiring
hall for referral and was not referred back to the CONTRACTOR by the union or, if
referred, not employed by the CONTRACTOR, this shall be documented in the file with the
reason therefore, along with whatever additional actions the CONTRACTOR may have
taken.
d) Provide immediate written notifications to the Director when the
union or unions with which the CONTRACTOR has a collective bargaining agreement has
not referred to the CONTRACTOR a minority person or woman sent by the
CONTRACTOR. or when the CONTRACTOR has other information that the union referral
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process has impeded the CONTRACTOR'S efforts to meet its obligations.
e) Develop on-the-job training opportunities and/or participate in
training programs for the area which expressly include minorities and women, including
upgrading programs and apprenticeship and trainee programs relevant to the
CONTRACTOR'S employment needs, especially those programs funded or approved by
the Department of Labor. The CONTRACTOR shall provide notice of these programs to
the sources compiled under 7b above.
f) Disseminate the CONTRACTOR'S EEO policy by providing notice
of the policy to unions and training programs and requesting their cooperation in assisting
the CONTRACTOR in meeting its EEO obligations; by including it in any policymanual and
collective bargaining agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is
performed.
g) Review, at least annually, the company's EEO policy and
affirmative action obligations underthese Specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other employment decisions
including specific review of these items with on-site supervisory personnel such as
Superintendents, General Foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying the time and
place of these meetings, persons attending, subject matter discussed and disposition of
the subject matter.
h) Disseminate the CONTRACTOR'S EEO policy externally by
including it in any advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the CONTRACTOR'S
EEO policy with other CONTRACTOR'S and Subcontractors with whom the
CONTRACTOR does or anticipates doing business.
i) Direct its recruitment efforts, both oral and written, to minority,
female and community organizations, to schools with minority and female students and to
minority and female recruitment and training organizations serving the CONTRACTOR'S
recruitment area and employment needs. Not later than one month prior to the date. for
the acceptance of applications for apprenticeship or other training by any recruitment
source, the CONTRACTOR shall send written notification to organizations such as the
above, describing the openings, screening procedures and tests to be used in theelection
process.
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j) Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after school, summer and
vacation employment to minority and female youth both on the site and in other areas of a
CONTRACTOR'S work force.
k) Validate all tests and other selection requirements where there is
an obligation to do so under 41 CFR Part 60-3.
I) Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and encourage these
employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m) Ensure .that seniority practices, job classifications, work
assignments and other personnel practices, do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to ensure that the
EEO policy and the CONTRACTOR'S obligations under the Specifications are being
carried out.
n) Ensure that all facilities and company activities are non-segregated
except that separate or single-user toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o) Document and maintain a record of all solicitations of offers for
Subcontracts from minority and female construction CONTRACTOR'S and suppliers,
including circulation of solicitations to minority and female CONTRACTOR associations
and other business associations.
p) Conduct a review, at least annually, of all supervisors adherence to
and performance under the CONTRACTOR'S EEO policies and affirmative action
obligations.
(8) CONTRACTOR'S are encouraged to participate in voluntary associations
which assist in fulfilling one or more of their affirmative action obligations (7a though 7p).
The efforts of a CONTRACTOR association, joint CONTRACTOR-union,
CONTRACTOR-community or other similar group of which the CONTRACTOR is a
member and participant, may be asserted as fulfilling any one or more of its obligations
under 7a through 7p of these Specifications provided that the CONTRACTOR actively
participates in the group, makes every effort to assure that the group has a positive impact
on the employment of minorities and women in the industry, ensures that the concrete
benefits of the program are reflected in the CONTRACTOR'S minority and female work
force participation, makes a good faith effort to meet its individual goals and timetables and
can provide access to documentation which demonstrates the effectiveness of actions
F-41
taken on behalf of the CONTRACTOR. The obligation shall not be a defense for the
CONTRACTOR'S non-compliance.
(g) A single goal for minorities and a separate single goal for women have
been established. The CONTRACTOR, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and female, and
all women, both minority and non-minority. Consequently, the CONTRACTOR may be in
violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the CONTRACTOR has achieved its-goals far
women generally, the CONTRACTOR may be in violation of the Executive Order if a
specific minority group of women is under utilized).
(10) The CONTRACTOR shall not use the goals and timetables or affirmative
action standards to discriminate against any person because of race, color, religion, sex or
national origin.
(11) The CONTRACTOR shall not enter into any Subcontract with any person
or firm debarred from government Contracts pursuant to Executive Order 11246.
(12) The CONTRACTOR shall carry out such sanctions-and penalties-for
violation of these Specifications and of the Equal Opportunity Clause, including
suspension, termination and cancellation of existing Subcontracts as maybe imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR
who fails to carry out such sanctions and penalties shall be in violation of these
Specifications and Executive Order 11246, as amended.
(13) The CONTRACTOR, in fulfilling its obligations under these
Specifications, shall implement specific affirmative action steps, at least as extensive as
those standards prescribed in paragraph 7 of these Specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If the
CONTRACTOR fails to comply with the requirements of the Executive Order,. the
implementing regulations or these Specifications, the Director shall proceed in accordance
with 41 CFR 60-4.8.
(14) The CONTRACTOR shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO policy is being carried out, to
submit reports relating to the provisions hereof as maybe required by the government and
to keep records. Records shall at least include for each employee the name, address,
telephone number, construction trade, union affiliation, if any, employee identification
number when assigned, social security number, race, sex, status (e.g., mechanic,
apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in
the indicated trade, rate of pay and locations at which the work was performed. Records
F-42
shall be maintained in an easily understandable and retrievable form; however, to the
degree that existing records satisfy this requirement, CONTRACTOR'S shall not be
required to maintain separate records.
(15) Nothing herein provided shall be construed as a limitation upon which
the application of other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g., those under
the Public Works Employment Act of 1977 and the Community Development Bfock Grant
Program).
90. SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING,EMPLOYMENT
AND BUSINESS OPPORTUNITIES
During the performance of this Contract, the CONTRACTOR agrees as follows:
a. The CONTRACTOR agrees to comply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701(u)), as amended, the HUD
regulations issued pursuant thereto at 24 CFR Part 135 and any applicable rules and
orders of HUD issued thereunder.
b. The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part. of this
Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract.
Documents".
c. CONTRACTOR'S shall incorporate the Section 3 clause shown below and the
foregoing requirements in all Subcontracts.
d. Section 3 clause as set forth in 24 CFR 135.20(b):
(1) The work to be performed under this Contract is on a project assisted under a
program providing direct federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that to
the greatest extent feasible, opportunities for training and employment be given lower
income residents of the project area and Contracts for work in connection with the project
be awarded to business concerns which are located in, or owned in substantial part by
persons residing in, the area of the project.
(2) The parties to this Contract will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135 and all applicable rules and orders of the Department.
issued thereunder prior to th,e execution of this Contract. The parties to this
F-43
Contract certify and agree that they are under no contractual or other disability which would
prevent them from complying with these requirements..
(3) The CONTRACTOR will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other Contract or
understanding, if any, a notice advising the said labor organization or workers
representative of his commitments underthis Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and applicants for employment or
training.
(4) The CONTRACTOR will include this Section 3 clause in every Subcontract for
work in connection with the project and will, at the direction of the applicant for, or recipient
of federal financial assistance, take appropriate action pursuant to the Subcontract upon a
finding that the Subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract
with any Subcontractor where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR 135 and will not let any Subcontract unless the
Subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
(5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135
and all applicable rules and orders of the Department issued thereunder prior to the
execution of the Contract shall be a condition ofthe federal financial assistance provided to
the project, binding upon the applicant or recipient for such assistance, its successors and
assigns. Failure to fulfill these requirements shall be subject the applicant or recipient, or
its CONTRACTOR'S and Subcontractors, its successors and assigns to those sanctions
specified by the grant or loan agreement or Contract through which federal assistance is
provided and to such sanctions as are specified by 24 CFR 135.
91. CIVIL RIGHTS ACT OF 1964
Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil
Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or
handicap, be excluded from participation in, be denied the benefits of or be subjected to
discrimination under any program or activity of the City.
92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974
No person in the United States shall on the ground of race, color, national origin or
sex be excluded from participation in, be denied the benefits of or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
F-44
93. INDEMNIFICATION
The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and
the Engineer and their respective officers, agents, and employees, from and against all
damages, claims, losses, demands, suits, judgemerits, and costs, including reasonable
attorney's fees and expenses arising out of or resulting from the performance of the work,
provided that any such damages, claim, loss, demand, suit, judgement, cost or expense:
a. Is attributable to bodily injury, sickness, disease, or death or to injury to or
destruction of tangible property(other than the work itself) including the loss of use resulting
therefrom; and,
b. Is caused in whole or in part by any negligent act or omission of the
CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of
them or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder.
The obligation of the CONTRACTOR under this Paragraph shall not extend to the
liability of the Engineer, his agents or employees arising out of the preparation or approval
of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the
giving of or the failure to give directions or instructions by the Engineer, his agents or
employees, provided such. giving or failure to give is the primary cause of the injury or
damage.
94. DELAYS
The CONTRACTOR shall receive no compensation for delays or hindrances to the
work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by
the failure of the CITY to provide information or material, if any, which is to be furnished by
the CITY. When such extra compensation is claimed, a written statement thereof shall be
presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be
approved and referred by him to the Council for final approval or disapproval; and the
action thereon by the Council shall be final and binding. If delay is caused by specific
orders given by the Engineers to stop work, of by the performance of extra work, or by the
failure of the CITY to provide material or necessary instructions for carrying on the work,
then such delay will entitle the CONTRACTOR to an equivalent extension of time, his
application for which shall, however, be subject to the approval of the City Council; and no
such extension of time shall release the CONTRACTOR orthe Surety on his performance
bond from all his obligations hereunder which shall remain in full force until the discharge
of the Contract.
F-45
95. MAINTENANCE OF WORK
If, after approval of final payment and prior to expiration of one(1) year after date of
Substantial Completion or such longer period as may be prescribed by law or by any
applicable special guarantee required by the Contract Documents, anywork is found to be
defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with
the OWNER'S written instructions, correct such defective work. If CONTRACTOR does
not promptly comply with such instructions, OWNER may have such defective work
corrected and all direct and indirect costs of such removal and replacement, including
compensation for additional professional services, shall be paid by CONTRACTOR. The
provisions of this paragraph shall not limit the obligation of CONTRACTOR under
paragraph 14 (Guarantee of Work)in any respect whatsoever, including the time period. of
such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State
of Texas and such paragraph 14 and without regard to the provisions of this paragraph
(Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to
establish any period of limitations for any cause of action against CONTRACTOR under
the obligations of paragraph 14.
96. ANTITRUST
CONTRACTOR hereby assigns to OWNER any and all claims for overcharges
associated with this Contract which arise under the anti- trust laws of the United States,
15 U.S.C.A. Sec. 1, et seq. (1973).
97. FEDERAL LABOR STANDARDS PROVISIONS
These provisions are on pp. F-47 thru F-49.
98. DELAY. DISRUPTION OR OTHER CLAIMS
Any claim by the CONTRACTOR for delay, disruption or any other claim shall be
based on a written notice delivered to the CITY and to the ENGINEER promptly(but in no
case later than ten(10) calendar days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Within ten(10) calendar days of
delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER
notice of the amount of the claim and specific and detailed support documentation and
data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis
all of the documents that in any way are purported to support the damages, costs,
expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with
any of these requirements with respect to any claim shall constitute a complete and final
waiver of said. claim.
F-46
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumerations of Plans, Specifications and Addenda
H-1
SPECIFICATIONS FOR CONCRETE WORK
SECTION ONE
1. CONCRETE CURBS AND CONCRETE CURB AND GUTTERS -LABOR,
EQUIPMENT AND MATERIALS
1.1 Description
Concrete curbs and concrete curb and gutters shall be constructed of Portland
cement concrete of the class and other requirements as designated by Engineer.
1.2 General
Curbs and curb and gutters shall be in conformance with the details on Attachment
"A", Page H-nand Attachment "B" Page H-o, of these documents. All concrete shall
be 3,000 psi concrete, and reinforcement and finishing shall be in conformance with
the drawings and specifications.
1.3 Construction Method
The slip-form method shall be used for the construction of concrete curbs and
concrete curb and gutters.
Slip-form equipment shall be provided with traveling side and top forms of suitable
dimensions, shapes, and strength to support the concrete for a sufficient length of
time during placement to produce curbs or curb and gutters of the required cross
section. The equipment shall consolidate, form and rough finish the freshly placed
concrete in such a manner as to provide a dense and homogeneous product. See
Attachment "A", page H-n, City Standards for form.
The slip-form equipment shall have automatic sensor controls which operate from
an offset control line. The line and grade of the slip-form equipment shall be
automatically controlled.
Concrete shall be placed on base provided by the City that is shown on Attachment
"A", Page H-n. Should there be any changes required to this base work to
accommodate the slip forming equipment such changes shall be noted on the bid
documents.
Concrete shall be placed with equipment approved by the Engineer. When
placement is directly on subgrade or foundation materials, the subgrade or
foundation material foundation shall be hand-tamped and sprinkled if considered
necessary by the Engineer. If the concrete is placed directly on surface material or
pavement, such surface shall be thoroughly cleaned. Concrete shall be fed into the
machine in such a manner and at such consistency that the machine will present a
well-compacted mass with a surface free from voids and honeycombs, and true to
the required shape, line and grade.
H-a
Any additional surface finishing specified and/or required shall be performed
immediately after slipformirig. Joints shall be constructed at such location as
directed by the Engineer and conforming to the details shown on the plans.
1.4 Drainage Outlets Through Curb
Where existing yard or building drains occur along the line of work, the new curb
shall be suitably sleeved or a "V" cut made to provide for such drains. Similar
sleeves or "V" cuts shall in installed to serve low areas on adjacent property
where drainage has been affected by the work.
1.5 Driveway Entrances
Driveway entrances shall be provided in new curb at all existing driveways along
the line of the work, at locations shown on the Plans, and at such other locations
as may be designated by the Engineer.
The fully depressed curb opening at driveway entrances shall be 1-inch above
gutter flow line at the curb face. The depressed portion of the curb shall be
finished to a transverse slope toward the gutter of/. inch.
1.6 Backfilling and Cleanup
Upon completion of the work surface of the concrete shall be thoroughly cleaned
and the site left in a neat and orderly condition.
1.7 Responsibilities
A. Chit ~
1. Will supply flagmen and traffic control devices as needed.
2. Will set the limits of and elevations for all projects.
3. Will provide general direction of the work determining when and where
projects are to be done, sequencing of the work and other control of
projects.
B. Contractor
1. Shall provide all set up on the project once limits and hub elevations have
been provided.
2. Will furnish all materials used on the project (concrete, sand/cement,
reinforcing rods, joint materials, etc.)
3. Will haul and/or have hauled all material to the job sites.
H-b
4. Will backfill all work to the finished surface.
5. Shall provide the following equipment and manpower:
a. Shall provide crew supervisor(s) for direction of crew, contact, and
inspection of project.
b. Shall provide sufficient qualified concrete finishers with all tools
associated with this type of work to place driveway cuts and joints
of all types, to place all reinforcing rods and to finish the product as
directed by the city.
c. Equipment:
1. Shall provide the appropriate lay-down slip-form equipment
in good working order and with trained operator(s).
2. Shall provide the molds made to city standards for curb and
guttersections and far stand-up curbs (see Attachment "A"
for details).
6. Shall be responsible for all maintenance to, fuel for, and repairs for all
such equipment provided as part of this work. ,
7. Insurance for general liability and automotive liability shall be carried by
Contractor during the term of the contract.
1.8 Response
Contractor shall begin work within three (3) working days after the date of
notification that his services are required, unless a delay is granted because of
weather or other factors that would prevent the work from taking place.
1.9 Project
Contractor will be furnished a list of proposed projects at the time of his selection.
Actual linear footage of product placed shall be made at the completion of each
project, and paymentwill be made at the completion of each project. Projects will
be done singly or in groups throughout the term of the contract. Minimum
placement ordered will generally be 300 linear feet, more or less, of curbs, or curb
and gutters.
1.10 Warranty
Contractor shall warrant all workmanship and product for a period of one (1) year
after completion of individual. projects authorized by the City.
1.11 Measurement and Payment
Concrete curbs or concrete curbs and gutters shall be measured by the linear foot,
complete in place, per the specification.
Payment for concrete curbs and gutters shall be made per the unit price bid for
each type of construction, complete in place.
H-c
SPECIFICATIONS FOR CONCRETE WORK
SECTION TWO
2.0 CONCRETE CURBS AND CONCRETE CURB AND GUTTERS-LABOR
AND EQUIPMENT ONLY
2.1 Description.
Concrete curbs and concrete curb and gutters shall be constructed of Portland.
cement concrete of the class and other requirements as designated by Engineer.
2.2 Curbs and curbs and gutters shall be in conformance with the details shown on
Attachment "A", Page H-n and Attachment "B", Phage H-o, of these documents. All
concrete shall be 3,000 psi concrete, and reinforcement and reinforcement and
finishing shall be in conformance with the drawings and specifications.
2.3 Construction Method
The slip-from method shall be used for the construction of concrete curbs and
concrete curbs and gutters.
Slip-form equipment shall be provided with traveling side and top forms of suitable
dimensions, shapes, and strength to support the concrete for a sufficient length of
time during placement to produce curbs or curb and gutters of the required cross
section. The equipment shall consolidate, form and rough finish the freshly placed
concrete in such a manner as to provide dense and homogeneous project. See
Attachment "A", Page H-n, City Standards for forms.
The slip-form equipment shall have automatic sensor control which operates from
an offset control line. The line and grade of the slip-form equipment shall be
automatically controlled.
Concrete shall be placed on base provided by the City that is shown on Attachment
"A", Page H-n. Should there be any changes required to this base work to
accommodate the slip forming equipment such changes on the bid documents.
Concrete shall be placed with equipment approved by the Engineer. When
placement is directly on subgrade or foundation material,: foundation shall be hand-
tamped and sprinkled if considered necessary by the Engineer. If the concrete is
placed directly on surface material or pavement, such surfaces shall be thoroughly
cleaned. Concrete shall be fed into the machine in such a manner and at such
consistency that the finished work will present swell-compacted mass with a
surface free from voids and honeycombs, and true to the required shapes, line and
grade.
H-d
Any additional surface finishing and/or required jointing shall be performed
immediately after slipforming. Joints shall be constructed as such locations as
directed by the Engineer and conforming to the details shown on the plans.
2.4 Drainage Entrances.
Where existing yard or building drains occur along the line of work, the new curb
shall be suitably sleeved of a "V" cut made to provide for such drains. Similar
sleeves or "V" cuts shall be installed to serve low areas on adjacent property where
drainage has been affected by the work.
2.5 Driveway Entrances
Driveway entrances shall be provided in new curb at all existing driveways along the
line of the work, at location shown on the Plans, and at such other locations as may
be designated by the Engineer.
The fully depressed curb opening at driveway entrances shall be 1-inch above
gutter flow line at the curb face. The top of the fully depressed portion of the curb
shall be finished to a transverse slope toward the gutter of/< inch.
2.6 Backfilling and Cleanup
Upon completion of the surface of the concrete shall be thoroughly cleaned and site
left in a neat and orderly condition.
2.7 Responsibilities
A. C~
1. Will furnish all necessary materials used on the project (concrete,
sand/cement, reinforcing rods, joint materials, etc.)
2. Will supply flagmen and traffic control devices.
3. Will haul and/or have hauled all material to job sites.
4. Will set the limits of and elevations for all projects.
5. Will provide general direction of the work, such as determining when
and where projects are done, sequencing of the work and other
control of projects.
6. Will backfill all work to the finished surface.
B. Contractor
1. Shall provide all set up on the project once limits and hub elevations
have been provided.
H-e
2. Shall provide the following equipment and manpower:
a. Crew supervisor(s) for direction of crew, contact, and
inspection of project.
b. Sufficient qualified concrete finishers with all tools associated
with this type of work to place driveway cuts and joints of all
types, to place all reinforcing rods and to finish the product as
directed by the City.
c. Equipment:
1. Appropriate lay-down slip-form in good working order
and with trained operator(s).
2. A mold made to city standards for curb and gutter
sections and for stand-up curbs (see Attachment "A"for
details)
3. Shall be responsible for all maintenance to, fuel far, and repairs for all
such equipment provided as part of this work.
4. Insurance for general liability and automotive liability shall be carried
by contractor during the term of the contract.
2.8 Response.
Contractor shall begin work within three (3) working days after the date of
notification that his services are required, unless a delay is granted because of
weather or other factor that would prevent the work from taking place. .
2.9 Project
Contractor will be furnished a list of proposed projects at the time of his selection.
Actual linear footage of product placed shall be made at the completion of each
project, and payment will be made at the completion of each project. Projects will
be done singly or in groups throughout the term of the contract. Minimum
placement order will generally be 300 linear feet, more or less, of curbs or curb and
gutters.
2.10 Warranty
Contractor shall warrant all workmanship and product for a period of one (1) year
after completion of individual projects authorized by the City.
2.11 Measurement and Payment
Concrete curbs and concrete curb and gutters shall be measured by the linear foot
in place per the specifications.
Payment for concrete curbs or curbs and gutters shall be made per the unit price bid
for each type of construction when in place per the specifications.
H-f
SECTION 3
3.0 SIDEWALKS. DRIVEWAYS AND WHEELCHAIR RAMPS -COMPLETE IN
PLACE.
3.1 Description
This item shall govern for Portland cement concrete sidewalks, driveways and
wheelchairramps on approved subgrade, foundation material or furnished surface
in accordance with the lines and grades established by Engineer and in
conformance with the details shown on the plans.
3.2 General
Sidewalks shall be in conformance with the details shown on Attachment "C", page
H-p of these documents. Driveways shall be in conformance with the details shown
on Attachment "CC" Page H-r of these documents. Wheelchair ramps shall be in
conformance with. the details shown on Attachment "D", Page H-q, of these
documents.
All sidewalks, driveways and wheelchair ramps shall be poured from 3,000 psi
concrete, and shall meet the following requirements:
a. Thickness:
4" for residential sidewalks, driveways and for wheelchair ramps
6" for commercial sidewalks across existing or proposed driveways and for
commercial driveways to carry heavy truck traffic.
b. Reinforcement - 6x6x6" welded wire mesh mats. (No rolled wire allowed).
c. subgrade - 2" sand cushion
d. Construction joints -spaced at intervals shown on attachments
e. Expansion joints- 3/<", either premoulded or redwood, installed at all points
where walk is confined by rigid structures such as buildings, slabs, curbs and
gutters, drainage boxes, etc.
f. Finish -brushed, light broom, scored, or other approved finish.
g. Line and Grade - to be established by Engineering Division.
h. Slope -maximum slope as delineated on Attachments.
3.3 Construction Methods
Conventionally Formed Concrete. Prior to sidewalk, driveway or wheelchair ramp
construction removal of existing material and its disposal shall be required to the
subgrade, foundation or pavement surface.
H-g
Contractor will be responsible for removal and disposal of existing material. City will
provide location for disposal at no charge to Contractor.
Subgrade shall be shaped to the line, grade and cross section on the plans and, if
considered necessary by the Engineer, hand tamped and sprinkled. When directed
by the Engineer, the subgrade or foundation material shall be sprinkled lightly
immediately before concrete is deposited thereon. See Attachment "C", Page H-p.
Forms, where needed; shall be of wood or metal, of a section satisfactory to the
Engineer, straight, free of warp and of the dept required: They shall be securely
staked to line and grade and maintained in a position during the placing of concrete.
The reinforcing steel shall be placed in the position as shown on the plans. Care
shall be exercised to keep all steel in its proper location during concrete placement.
Concrete shall be placed in horizontal layers not exceeding 6-inches in thickness,
each layer being spaded along the forms and thoroughly tamped. Concrete maybe
placed in layers of more than 6-inches in thickness only when authorized by the
Engineer and the spading and tamping is sufficient to consolidate the concrete for
its entire depth. If internal vibrators are used, the full-specified thickness may be
placed in one operation.
After the concrete for sidewalks, driveways and wheelchair ramps has been placed,
a strikeoff shall be used to bring the surface to the proper elevation. when
compacted. It shall be spaded along the form faces and tamped to assure a dense
and compact mass, and to force the larger aggregate down while bringing to the
surface not less than 3/8-inch of the free mortar for finishing.
Section of sidewalks, driveways or wheelchair ramps shall be separated by
premoulded or board joint of the thickness shown on the plans. When a sidewalk,
driveway or wheelchair ramp abuts a curb or retaining wall or objects project into
same, approved expansion material shall be placed as required. Each day's
production will be terminated at an expansion joint.
Curing. The complete work shall be cured for a period of not less than 72 hours by
one of the methods specified in Item 420, Specification.
3.4 Cleanup
Upon completion of work the surface of the concrete shall be thoroughly cleaned
and the site left in a neat and orderly condition.
H-h
3.5 Responsibilities '
A.
1. Will supply flagmen and traffic control devices as needed.
2. Will set the limits of and elevation for all projects.
3. Will provide general direction of the work, such as determining when and
where projects are done,- sequencing of the work and other control. of
projects.
B. Contractor
1. Shall provide all set up on the project once limits and hub elevations have
been provided.
2. Will furnish all materials used on the project (concrete, sand/cement,
reinforcing rods, joint materials, etc.)
3. Will haul and/or have hauled all material to job sites.
4. Will backfill all work to be finished surface.
5. Shall provide the following equipment and manpower:
a. Crew supervisor(s) for direction of crew, contact, and inspection of
project.
b. Sufficient qualified concrete finishers with all tools associated with this
type of work to place driveway cuts and joints of all types, to place all
reinforcing rods and to finish the product as directed by the City.
c. Equipment:
1. Appropriate lay-down or slip-form equipment, if used, in god
working order and with trained operator(s).
6. Shall be responsible for all maintenance to, fuel for, and repairs for all such
equipment provided as part of this work.
7. Insurance for general liability and automotive liability shall be carried by
Contractor during the term of the contract.
3.6 Response
Contractor shall begin work within three (3) working days after the date of
notification that his services are required, unless a delay is granted because of
weather or other factors that would prevent the work taking place.
3.T Project
Contractor will be furnished a list of proposed projects at the time of his selection.
Actual linear foot or per each measurements of product placed shall be made at the
completion of each project, and payment will be made at the completion of each
project. Projects will be done single or in groups throughout the term of the
contract. Minimum placement ordered will generally be 100 linearfoot, more or less
sidewalk, and two (2) wheelchair ramps.
H-i
3.8 Warranty
Contractor shall warrant all workmanship and product for a period of one (1) year
after completion of individual projects authorized by the City.
3.9 Measurement and Payment
Sidewalks shall be measured by the linear foot for 4' x 5' widths, complete in place
per the specifications. A square yard price shall be quoted for sidewalks greater
than 5 feet wide. Driveways shall be measured by the square yard, complete in
place, ~ per the specifications. Wheelchair ramps will be measured by each,
complete in place, per the specifications.
Payment for sidewalks, driveways and wheelchair ramps shall be made per the
price bid for each type of construction, complete in place.
H-j
BECTON 5
5.0 JOINTS -ALL WORK
5.1 General.
Joints in concrete curbs and concrete curb and gutters, sidewalks, driveways and
wheelchair ramps, shall be of the type ofjoints as set out in Attachment "B" Page H-
o, Attachment "C", Page H-p, Attachment "CC", Page H-r, and Attachment "D",
Page H-q of these documents.
5.2 Expansion Joints.
Expansion joints shall be constructed as shown on the Plans or as specified herein.
Such joint shall be filled with pre-moulded joint filler conforming with the
requirements prescribed by the Texas Department of Transportation. NO such
joints shall 6e constructed within wheelchair ramps, or driveways except as may be
approved by the Engineer.
One-quarter-inch joints shall be constructed in curbs and concrete curb and gutters
at the end of all returns except where cross gutter transitions extend beyond the
curb return, in which case they shall be placed at the ends of the cross gutter
transition. No joints shall be constructed in returns. Where monolithic curb and
gutters are constructed adjacent to concrete pavement, no expansion joints will be
required except at EC and BC of curb returns.
Expansion joint filler'/< inch thick shall be placed in walk at the EC and BC of all
walk returns and around all utility poles which may project into the concrete along
the line of the work. One-quarter-inch joints shall be constructed in walk returns
between the walk and the back of curb return when required by the Engineer. As
the EC and BC and around utility poles, the joint filler-strips shall extend the depth
of the walk plus 1-inch with the top set flush with the specified grade of the top of
curb.
All expansion joint filler strips shall be installed vertically, and shall extend to the full
depth and width of the work in which they are installed, and be constructed
perpendicular to the line of work or radially to the line of work or radially to the line of
the work constructed on a curve. Expansion joints filler materials shall completely
fill these joints to within'/4 inch of any surface of the concrete. Excess fillermaterial
shall be trimmed off to the specified dimension in a neat and workmanlike manner.
During the placing and tamping of the concrete, the filler strips shall be held rigidly
and securely in proper position.
H-I
5.3 Other Joints
a. Weakened Plane Joints shall be straight and constructed in accordance with
Subsection (b) or (c) below, unless otherwise shown on the Plans. In the sidewalks,
joints shall be transverse to the line of work and at regular intervals not exceeding
five (5) feet..At curves and walk returns, the joints shall be radial.
In curbs and curb and gutters, joints shall be at regular intervals not exceeding
fifteen (15) feet. Where curbs and curb and gutters are adjacent to concrete
pavement, the joints shall be aligned with the existing pavement joints where
practical.
b. Control Joint. After preliminary trowelling, the concrete shall be parted to a
depth of 2-inches with a straight edge to crease a division in the course aggregate.
The concrete shall then be refloated to fill the parted joint with mortar. Headers
shall be marked to locate the weakened plane forfinal joint finishing, which shall be
accomplished with a jointer tool having a depth of/z inch and a radius of 1/8 inch.
The finished joint opening shall not be wider than 1/8 inch.
c. Plastic Control Joint. The joint material shall be a T-shaped plastic strip at
least 1-inch deep, having suitable anchorage to prevent vertical movement, and
having a removable stiffener with a width of at least 3/< inch. After preliminary
trowelling, the concrete shall be parted to a depth of 2 inches with a straight edge.
The plastic strip shall be inserted in the impression so that the upper surface of the
removable stiffener is flush with the concrete. After floating the concrete to fill all
adjacent voids, the removable stiffener shall be stripped. During final trowelling, the
edges shall be stripped. During final trowelling, the edges shall be finished to a
radius of 1/8 inch, using a slit jointer tool.
H-m
ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
I-1
SUPPLEMENTAL GENERAL CONDITIONS
ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of this Contract,
as setforth in paragraph 1 of the General Conditions, "Contract and Contract Documents":
Drawings:
General Construction:
Heating and Ventilating:
Plumbing:
Electrical:
Nos.
Nos.
Nos.
Nos.
Nos.
Nos.
Nos.
Specifications:
General Construction:
Heating and Ventilating:
Plumbing:
Electrical:
Addenda:
Page H-a to H_g , incl
Page to ,incl.
Page to ,incl.
Page to ,incl.
Page to ,incl.
Page to ,incl.
Page to ,incl.
No. Date
No. Date
No. Date
No. Date
STATED ALLOWANCES
Pursuant to paragraph of the General Conditions, the CONTRACTOR shall
include the following cash allowances in his proposal:
a. For (Page of Specifications) $
b. For (Page of Specifications) $
c. For (Page of Specifications) $
d. For (Page of Specifications) $
e. For (Page of Specifications) $
f. For (Page _of Specifications) $
I-2
APPENDIX "A"
FORM FOR REQUEST FOR TIME EXTENSION
REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES
CITY OF PORT ARTHUR
DATE: , 20 MONTH OP __ , 20
CITY OF PORT ARTHUR, TEXAS
PUBLIC WORKS DEPARTMENT
P.O. BOX 1089
PORT ARTHUR, TEXAS 77640-1089
ATTENTION: Leslie E. McMahen, P.E.
Director of Public Works
Gentlemen:
We request extension of completion time on our Contract due to the days of work lost
as specified (list dates actually lost: do not include days not normally worked such as
Saturdays, Sundays, or holidays):
1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16 17 18 19 20 21 22 23 24 25 26
27 28 29 30 31
Dates Lost: Days Lost (~ / 5 x 7 = Calendar Days Requested
Reasons for Request:
Contractor
By:
Approved for extension of calendar days.
Disapproved.
Date: 20 CITY OF PORT ARTHUR, TEXAS
BY:
City Manager
Distribution by City
Original: Public Works Director
xc: Solid Waste Division
Engineer
Contractor
APPENDIX B
FORM FOR CHANGE ORDER
CHANGE ORDER NO.
Page of
DATE:
AGREEMENT DATE:
NAME OF PRODUCT:
OWNER:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMENTS:
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE:$
CURRENT CONTRACT PRICE (adjusted by previous CHANGE ORDER):$
The Contract Price due to the CHANGE ORDER will be (increased/decreased) by:
The new CONTRACT PRICE including the CHANGE ORDER will be: $
CHANGE TO CONTRACT TIME
ORIGINAL CONTRACT TIME:
CURRENT CONTRACT TIME (adjusted by previous. CHANGE ORDER):
CURRENT DATE OF COMPLETION:
CONTRACT TIME due to this CHANGE ORDER will be increased by:
New CONTRACT TIME including this CHANGE ORDER•will be calendar
days.
The new DATE OF COMPLETION of all work will be:
PAGE 2 OF 2
DATE:
CHANGE ORDER NO:
NAME OF PRODUCT
No other Terms of Conditions of the CONTRACT are changed as a result of this
CHANGE ORDER. Contractor's acceptance of this CHANGE ORDER relieves the City
of any liability for additional costs incurred by the Contractor in his performance of the
work covered by the CHANGE ORDER.
RECOMMENDED BY ENGINEER
Signature
REQUESTED BY:
Contractor, officer or Owner
Attest for Contractor
CORPORATE SEAL
ORDERED BY:
City of Port Arthur, Texas
ACCEPTED BY:
Mayor, City of Port Arthur
City Manager, City of Port Arthur
City Secretary
CITY SEAL
APPROVED AS TO FORM:
City Attorney
EXHIBIT B
BID DATE '~1aY 21 2008
BID
TO: CITY OF PORT ARTHUR
444 4TH STREET
P.O. BOX 1089 '
PORT ARTHUR, TEXAS 77640
Proposal of ,-~G,~,c>~ Cen,s ~~i'~hereinaftercalled "BIDDER" , crgar.¢ec
and existing under the laws of the ate of Te s ,doing business as *~~~.~~ G~,~~.
and acting by and through ~ ~ -fo the City of Port
Arthur, Texas(hereinafter card "OWNER").
Incompliance with your Advertisement for Bids, BIDDER hereby proposes to perform al!
work for the construction of each project selected by the City FOR THE SLIP-FORPr
PLACEMENT OF CONCRETE AND CONSTRUCTION OF SIDEWALKS DRI'JEV!Jr-''.'/`~
AND WHEEL-CHAIR RAMPS. Each project will be selected on or before one year frc;m ft?i
date of the contract and will be identified in a notice to proceed issued. on or before said
time. Each project shall be constructed in strict accordance with the Contract Documents,
within the time set forth in the Notice to Proceed, and at the prices stated belovv, and
Bidder shall enter into Contract for same within the time specified in Contract Documents.
By submission of this BID, each BIDDER certifies, and in the case of a joint BiD, each
party thereto certifies as to his own organization, that this BID has been arrived at
independently, without consultation, communication, or agreement as to any matter relati^c
to "this BID with any other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this Contract on or before a date tc
be specified in the Notice to Proceed and to fully complete the PROJECT wiihin the
consecutive calendar days specified in the Notice to Proceed, including, but not limited to,
all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further
agrees to pay as liquidated damages, the sum of $ -0- for each consecutive
calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal,
State and City holidays as provided in Section 54 of the General Conditions.
Enclosed is bid security as required.
BIDDER acknowledges receipt of the following ADDENDUM:
*Insert "a corporation," "a partnership," or "an individual" as applicable.
D-1
BIDDER agrees to perform all the work described in the Contract Documents for the
following unit prices or lump sum:
BID SCHEDULE
NOTE: The City of Port Arthur is a tax exempt agency. The CITY wiii famish =~c~rc~~ec
bidder with Tax Exemption Certificate for materials used on this project.
NO: ITEM UNIT UNIT PRICE
1. Placement of City Standard curb
and gutter section per drawing
and specification , as called for in
Section I, Ha to He /~/ ~ ~~
a. Less than 100 feet LF $~-~~
b. 100 feet or more LF ~
2. Placement of City Standard curb
and gutter section per drawing
and. specification, as called for in
Sectionll, Hd to Hf
a. Less than 100 feet LF ~ ~C=~"~
b. 100 feet or more LF $ G ~ ~
~[" d~ ~n ~~yn~
3. Placement of City Standard upright
curb, per drawing and specification
as called for in Section Ha to He j3
a. Less than 100 feet LF $ /~~% ~
b. 100 feet or more
LF
4. Placement of City Standard upright
curb, per drawing and specification
as called for in Section II, Hd to Hf
a. Less than 100 feet LF $ /f ~ ~'~' ~~~
b. 100 feet or more LF $
~ ~~ y~~
D-2
/1 %'..~,r~' ,/Lf /jL/~~-f' v"~ ~' cij ~ ~-`717 j
5. Construction of 4' wide sidewalk 1
@4" thick per drawing and ./~~ ~~ lrCCu--Y/ ~t~ ~~
specifications $
a. Less than 100 feet LF
b. 100 feet or more LF ~
6. Construction of 5' wide sidewalk
@4" thick per drawing and
specifications
a. Less than 100 feet LF $
b. 100 feet or more
LF
7. Construction of sidewalks greater than
5' wide @4" thick per drawings and
specifications
a. Less than 100 square yards SY
b. 100 square yards or more SY
8. Construction of residential driveway
@4" thick per drawing and
specifications
a. Less than five (5) SY $-~ ,~~%~
b. Five (5) or more SY ~ -
9. Construction of residential driveway
@6" thick per drawing and
specifications
SY $ ~y0 ~~~
a. Less than five (5)
b. Five (5) or more SY ~
D-3
10. V+Jheelchair Ramp per drawing and
and specifications
a. Less than five (5)
b. Five (5) or more
EA
EA
Unit prices are to be expressed. in both words and figures. In case of a discrepancy, i-~,s:
amount shown in words shall govern. The above unit prices shall include labor, equipment
overhead, profit, insurance, etc. to cover the finished work of the several kinds cailed for.
BIDDER understands that the OWNER reserves the right to reject any or all bids anal to
waive any informalities in the bidding. Bids shall be good for one year after date of bid
opening.
Respectfully submitted:
Si ature
Title'
s.7~ 7 ~%~
Addd~
~- r7O ` O~
Date
(Sea! - If bid is by a Corporation)
License Number(if applicable)
Attest
D-4
BID DATE: May 21. 2GG8
AFFIDAVIT
All pages in offer's bid proposal containing statements, letters. etc., shall be signed by a
duly authorized officer of the company, whose signature is binding on the bid proposal.
The undersigned offers and agrees to one of the following:
y I hereby certify that I do not have outstanding debts with the City of Port Arthur.
Further, I agree to pay succeeding debts as they become due during this agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agrees to pay said debts prior to execution of this agreement.
I hereby certify that I do have outstanding debts with the City of Pori ArN~ur a~~~c;
agrees to enter into an agreement for the payment of said debts. I further ogre<~ c
pay succeeding debts as they become due.
NAME OF OFFERER: ~ /
TITLE ~ ~ ~h Y ~/'~
-,
ADDRESS_'7 ~/~/ 7 .3 ~~ ~ ~1•
CITYISTATE/ZI ~.,U"1-~s-~~ ~ / •-f/~`r' 77~ ~ f
c, f~ ~ e ~r'o 9 9l~ 3 /G /l
TELEPHONE NUMBER ~ ~ yl'~/a ~~
~~ ~
SIGNATURET~~''~ 5~~'
SUBSCRIBED AND SWORN to before me by the above named
on this the _ day of , 2008.
Notary Public in and for the State of
RETURN THIS AFFIDAVIT AS PART OF THE B1D PROPOSAL
D-5
BID DATE: ~nay 21.2008
CITY OF PORT ARTHUR
EXCEPTION/APPROVED EQUAL REQUEST
(Please submit this form for each exception/approved equ~ll
VENDOR: ~C~ f `~~3 ~~ 3 TELEFAX:
PROJECT:
PAGE: OF PARAGRAPH:
SUBJECT:
Request:
Signature
FOR CITY OF PORT ARTHUR USE ONLY
Approved:- Disapproved: Clarification:
5~~.,ot~;.~
~y~.
City of Port Arthur Represart~+.ci':',
D-6
BID DATE: May 21.2008
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders arTAX IDENTIFICATION NUP~1BEReas ndicat d Belo DRESS and
REMIT PAYMENT TO:
COMPANY ~~~ ,
i
ADDRESS `7 02 ~ ~ 39 ~ ''~
CITY/STATE/ZIP ~~~>/~.C s ~~X~ S 77G/I`
SEND PURCHASE ORDER TO:
COMPANY 5~M ~-
ADDRESS
CITY/STATE/ZIP
TAX IDENTIFICATION NUMBER:_~ -5 ~ 35.,7 ~1
D-7
EXHIBIT C
(iity of Porl Arthur)
(Law Department)
(Required Form)
(7/8/88)
(10/5/B9)
(3/15/90)
{p.2 Revised 9/1 B/90)
CERTIFICATE OF STANDARD FORM CONtRACT. FOR LA W
DEPARTMENT REVIEW AND CITY COUIJCIL AGENDA
I certify that the contract (hereinafter called 'said contract') affixed to the attached proposed City Council Resolution
No.~ I768 is an exact duplicate of an applicable standard form contract (the title of which is shown below)
previously approved by the l.sw department and adopted as a standard Corm by Cily Council Resolutlori, except for the,
blanks Chet have been tilled in with all necessary information and except for the changes described below.
The title of the applicable standard form contract is
lip. Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89
/( ]` Non-Federally Funded Construction Contract, Revised 115/ee, 7/89, 8/89
() Federal -Professional Services -Engineering Contract, Revised 1/5/88; 5/89 (§10) 7/89((§8)
(] Non-Fi:deral -Professional Ser"vices -Engineering Contract, Revised 1/5/BB, 5/89(§10), 7/89(§8), 4/91
[) CDBG -Professional Services • Engineering Contract,~Revised~t/5/88, 5/89 (§10). 7/89(§8)
[ ] Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89{§10), 7/89(§8).
(j Non•Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10),
7189 (§8),
[ ] CDBG -Professional services -Non-Engineering (Consultant) Contract, Revised 1/5/88. 5/89(§70), 7/89(§8).
[ ] Other Standard Form Contract, described as follows:
The changes are as follows: (Put an 'X' in the appropriate (j)
[ ] None.
[ ] The following described provisions at the indicated page, section, etc. of the standard form have been deleted
tram said contract:
DELETIONS
Page Number
Where
Deleted Provision
Is
Found On Standard Form
Section or Paragraph No.
and Caption
Which
Contains Provision
Deleted From Form
Subsection or
Subparagraph No.
and Caption
Which Contains Provision
Deleted. From Form
Description of
Provision Deleted
(p2 Revised 9/18/90)
(Certificate of Standard Form Contract, page 2)
The following described provisions at the indicated-page, section, etc. of the standard form have been altered, .
m di fed, replaced or otherwise changed:
ALTERATIONS, MODIFICATIOIJS, REPLACEMENTS, ETC...
Sub § or Sub ¶ No.
Page. No. § or q No. $ Caption $ Caption bescription
Where of of of
Provision Found Standard Form Standard Form Provision
on which which In
Standard Form Contains Provision Contains Provision Standard Form
B-1
(].The following provisions have been added to Said Contract:
Page, Section and Caption
Subsection and Caption, etc. of Said Confracf Which
Contains the Added Provision and Description Thereof
Page § $ caption
sub § $ caption, etc.
of said contact
which contains
altered, etc.
provision; $
Description of
Aiterallon etc,
PhYraat../r Q
PaRFoR~+A.~~E
t3 oNn NoT'
Qe-C u r2~a.
"I further certify that said attached proposed City Council Resolution contains the following provision:
'That said cdntrect Is an exact duplicate of a City Standard Form Contract except for the changes described in the
Certificate of Standard Form Contract, a copy of which Is attached hereto as Exhibit'B' and is hereby incorporated by
reference, and said changes are hereby approved:'
I understand that this certificate will be relied on by the Law Department in reviewing and approving (or rejecting)
as to form and by the City Council in reviewing and adopting (or rejecting) said Resolution.and Contract.
Si ned this T~
9. /y - day of .Tc..,~c~ ,a,g-?,ova
/C
Department Head or