HomeMy WebLinkAboutPR 14737: FORDE CONSTRUCTION - PLANING AND/OR TEXTURING OF PAVEMENTSPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO: Stephen Fitrgibbons, City Manager
FROM: John A. Comeaux, P.E., Director of Public Works
SUBJECT: P.R. #14737 -Planing and/or Texturing of Pavement
DATE: May 19, 2008
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 14737; awarding
a bid and authorizing the execution of a One (1) Year Contract for Planing and/or Texturing
of Pavement to Forde Construction Company, Inc. of Houston, Texas. This contract will be'
awarded on a UNIT COST BASIS as listed below and will be utilized for various City and
CDBG Grant funded street projects.
BACKGROUND:
This is an annual contract for the Planing and/or Texturing of Pavement. There are three
different line items for this contract: the planing and/or texturing of a hot-mix asphaltic
concrete (HMAC) surface to a depth of 1 ~/z inches over a flexible base, the planing and/or
texturing of a HMAC surface to a depth of 1 ~/z inches over a concrete roadway, and the
.planing of a concrete surface to a depth of ~/z inch.
Bids were advertised in the Port Arthur News on April 13, 2008 and April 20, 2008. Bids
were received and opened on April 30, 2008, with three (3) bids being received, and the
lowest, most responsible bid being from Forde Construction Company, Inc. as follows:
Forde Construction Com an Inc. of Houston Texas
No. ITEM UNIT 2007 2008
Difference
Prices Prices reduction
1. Planing/Texturirig of HMAC Day $4,000 $4,900 22.5%
on Flexible Base (1 ~/z" (1 day min.) (3 day min.)
thickness)
2. Planing/Texturing of HMAC Day $4,000 $4,900 22.5%
on Concrete (1 ~/z" (1 day min.) (3 day min.)
thickness)
3. Planing of Concrete Day $4,000 $5,900 47.5%
Surface (~/z" thickness) (i day min.) (3 day min.)
This bid. was reviewed by the Public Works and Purchasing staff and found to be the fair
market value for this service. The bid from L. D. Construction, who had the contract the
past several years, was lower than Forde for Item 3 only. This item will be utilized the
least, if it is used at all, of the bid items. Our previous experience with L. D. has been less
that satisfactory due to maintenance and reliability issues with L.D.'s equipment which
significantly delayed the project on Gilham Circle last year.
BUDGETARY/FISCAL EFFECT:
Funds are provided in,the Street Division 2008 FY Budget, Account No. 001-1203-
531.36/51/86and in the 33~d Year CDBG street project accounts. Based on the approved
City Streets Program, expenditures under this contract are expected to be approximately
$10,000 this year.
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. 14737,
authorizing a One (1) Year Contract for Planing and/or Texturing of Pavement to Forde
Construction Company, Inc. on a UNIT COST BASIS. The prices bid for the various line
items are reflective of the costs for this service and for the quantities shown.
~.~ ,P.~.
Joh A. Comeaux, P.E.
Director of Public Works
JAC/reb
Z:\engineer\Documents\Pvmt Texturing\Pvmt-CAM-08.doc
CITY OF PORT ARTHUR
Public Works Department
MEMORANDUM
TO: Shawna Tubbs, Purchasing Manager
FROM: Ross E. Blackketter, P. E., City Engineer/Asst. Director of Public Works ~ ~~
DATE: 09 June 2008
RE: Recommendation for Planing and/or Texturing of Pavement
The City recently advertised, and. opened bids, for our annual contract for the Planing and/or
Texturing of Pavement (milling). Three bids were received - L.D. Construction, Forde
Construction Company, Inc., and Javelins Constructiori South (none are local businesses).
L.D. Construction has been awarded this contract for the past several years, but our experience
with them has been less than satisfactory. Their equipment has historically been old and in a
state of disrepair. When we were milling Gilham Circle, .the milling machine broke down after
half a day of work. L.D. took a week to bring a second machine to complete the. project, while
the first one sat in the middle of the roadway. The second. milling machine suffered several
mechanical breakdowns, resulting in the milling operation taking three weeks instead of two
days. On an earlier job, L.D. did not mill the entire roadway, forcing City crews to complete
the removal of the material from the edges. In addition, L.D. has been unresponsive, not
returning phone calls until after several attempts at communication..
Forde and L.D. had identical bids for the two line items we use most often. While Forde has
not contracted with the City, they did perform milling within the city limits for TxDOT on 32n0
Street. Forde has demonstrated the ability to fulfill our needs for milling in a timely, efficient
manner. Accordingly, the Public Works Department recommends awarding this contract to
Forde Construction Company, Inc.
Please call me if you have any questions.
cc: Stephen B. Fitzgibbons, City Manager
John A. Comeaux, P.E., Director of Public Works
Mark Sokolow, City Attorney ,
Llengin eerldocum ents5memoslM i II ing-L DC on st. doc
P.R. No. 14737
05/19/08 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 FORDE CONSTRUCTION COMPANY, INC.
OF HOUSTON, TEXAS FOR PLANING AND/OR TEXTURING OF
PAVEMENT ON A UNIT COST BASIS FOR VARIOUS CITY FUNDED
AND COMMUNITY DEVELOPMENT-BLOCK GRANT (CDBG) FUNDED
STREET PROJECTS; PROPOSED FUNDING: STREET DIVISION FY
2008 BUDGET ACCOUNT 001-1203-531.36/51/86 AND THE 33`a
YEAR CDBG STREET PROJECT ACCOUNTS.
WHEREAS, periodically the City requires the services of a contractor to plane
and/or texture pavement in order to prepare for surfacing of the rdadway for various
projects; and,
WHEREAS, the City sought bid prices for said services; and,
WHEREAS, three (3) bids were received and opened on April 30, 2008 for the
above referenced Contract and have been evaluated by the Public Works and.
Purchasing staff; 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 Planing. and/or Texturing of Pavement to the lowest responsible
bidder to wit: Forde Construction Company, Inc. of Houston, Texas as shown on
Exhibit "A" attached hereto and made a part hereof; and,
THAT the Mayor and City Manager of the City of Port Arthur are hereby
authorized and directed to execute. on behalf of the City, a Contract between the City of
Port Arthur and Forde Construction_Company, Inc. for a one (1) year term for
P.R. No. 14737
Page 2
Planing and/or Texture of Pavement on various streets in the City of Port.Arthur, Texas;
and,
THAT the contract is awarded on a UNIT COST BASIS, as shown on Exhibit
"B" attached 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 payment bonds will be required if the individual project exceeds $25,000
and performance bonds will be required'if the individual project exceeds $100,000 per
Section 2253.021 of the Government Code; and,
THAT, Forde Construction Company, Inc. of Houston, 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.
P.R. No. 14737
Page 3
READ, ADOPTED AND APPROVED this the
2008 at a
vote: Ayes: Mayor:
Councilmembers:
Mayor
Attest:
City Secretary
APPROVED A TO FORM:
CityAttorn y Cori 9EldkGF OF
APPROVED FOR ADMINISTRATION:
Stephen B. Fitzgibbons
City Manager
]oh A. Comeaux, P.E.
Director of Public Works
day of A.D.
meeting of the City of Port Arthur, Texas by the following
P ROVED TO AVAILABILITY OF FUNDS:
~~~~ ~e
Rebecca Underhill
Director of Finance
AGREED T0:
Forde Construction Company, Inc.
Z:\engineer\documents\Pvmt Texturing\PR14737.da
i
EXHIBIT A
r
CITY OF PORT ARTHUR, TEXAS
BID SHEET
DESCRIPTION: PLANING AND/OR TEXTURING OF PAVEMENT DATE: APRIL 3Q 2008
' NAME OF BIDDER NAME OF BIDDER NAME OF BIDDER
FORDE LD CONSTRUCTION JAVELINA
~ CONSTRLJCT[ON ~ CONSTRUCTION SOliTH
( COMPANY, INC.. a
QUANTITY ITEM UNIT MINIMUM UNIT MININIUNI UNIT MINIMUM
PRICE PRICE PRICF.
1 PLANING/TEXTURING ' NO BID;SY NO BID/SY NO BID/SY NO B[D'SY $ .65/SY 10,000/SY
OF HMAC ON
FLEXIBLE BASE l 'h" 54,900/DAY 3 DAYS $4,900/DAY $4,90O!DAY $6,500/DAY I/DAY
THICKNESS
PLANING/TEXTURING NO BID/SY NO BID/SY NO BID/5Y NO BID/SY $ .75/SY 10,000/SY
2 OF HMAC ON
CONCRETE i %Z" $A,900/DAY 3 DAYS $4,900/DAY $4,900/D.4Y $7,500/DAY 1/DAY
THICKNESS
PLANING CONCRETE NO BID/SY NO BID/SY NO BID/SY NO BID/SY $ 2 .95/SY 3,000/SY
3 SURFACE'h"
THICKNESS $5,900/I~AY 3 DAYS $5,500/DAY $5,500/DAY $22,000/DAY 1/DAY
LOCATION HOUSTON TX BEALIMONT T:{ NEON BRALTNFELS TX
EXHIBIT B
PLANING AND/OR TEXTURING OF
PAVEMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
This CONTRACT between the. City of .Port Arthur, a Municipal Corporation
(hereinafter called "CITY', and Forde Construction Comoanv. Inc.
(hereinafter called "CONTRACTOR", a Business.
WITNESSETH:
1. TERM OF CONTRACT
The term of this Contract shall be for Three Hundred Sixty-five (365)
Calendar days from execution.
2. CONTRACT DOCUMENTS
The Contract includes the following documents, copies being attached and
incorporated herein, to wit:
a). Notice to Bidders, published 13 April 2008 and 20 April 2008.
b). Proposal of CONTRACTOR dated 30 Aoril 2008
c). Specifications for Planing and/or Texturing of Pavement in
Technical Specifications.
3. COMPENSATION
CONTRACTOR agrees to perform all work described in the specifications and
Contract documents and for the unit prices bid, and comply with the terms
herein.
CONTRACTOR shall invoice the CITY upon completion of each assignment.
Each invoice submitted by the CONTRACTOR shall be paid in full within thirty
(30) days after receipt of satisfactory invoice.
In the event a daily record is disputed by the CONTRACTOR orthe CITY, the
questioning party shall, within ten (10) days of receipt of said disputed
record, provide a written notice to the other party setting forth in detail each
matter in dispute and the reason therefore. Promptly after receipt of such
written notice, a representative of the CONTRACTOR and the CITY (each of
whom shall be duly authorized to agree upon a final resolution of such
disputed matters) shall meet and attempt to expeditiously resolve by mutual
agreement all such disputes. All daily records which are not disputed
pursuant to the foregoing procedure shall be deemed as correct by the
receiving party.
4.
CONTRACTOR shall provide all insurance coverage as required by Section 4
of the "Information to Bidders".
5. INDEMNIFICATION .
CONTRACTOR shall be responsible for the use of employment of reasonable
skill and care befitting the profession in performing the work required by this
Contract. ~ CONTRACTOR shall comply with the requirements of all applicable
laws, rules, and regulations, in connection with the services of CONTRACTOR
and shall exonerate, indemnify, and hold harmless the CITY, its officers,
agents, and all employees from any and all liability, loss, or damage arising
out of noncompliance with such laws, rules, and regulations; without
limitation. CONTRACTOR shall assume full responsibility for payment of
Federal, State, and Local payments or other contributions imposed or
required under the Social Security Workers Compensation, and Income Tax
Laws with respect to CONTRACTOR'S employees. Further, CONTRACTOR
shall exonerate, indemnify, and hold harmless the CITY, its officers, agents,
and all employees from any and all liability, loss, damages, expenses; or
claims for infringement of any copyright. or patent arising out of the use of
any plans, design, drawings, or specification furnished by CONTRACTOR in
the performance of this Contract.
6.
CONTRACTOR shall supervise its employees to such a degree to ensure that
they are performing the required services in accordance with these
specifications and are not derelict in their duties. The CITY will, from time to
time, make spot checks of the service being provided and will report any
deficiencies to the CONTRACTOR. Repeated failure to' live up to all terms
and conditions set out herein may result in termination of the Contract.
7. PERSONNEL
A. The CONTRACTOR'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. None of the work covered by the Contract shall be subcontracted. without
the prior written approval of the CITY.
8. CHANGES
The CITY may, from time to time, request changes in the scope. of the
services of the CONTRACTOR to be performed hereunder. Such changes,
including any increase or decrease in the amount of the CONTRACTOR's
compensation or extra work, which have been mutually agreed. upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments'to the Contract.
9. FORCE MAJEURE
"Force Majeure" shall mean acts of God; strikes, lockouts, or other industrial
disturbances; acts of the public enemy; laws, rules, regulations, or orders of
' the any applicable court or governmental authority; insurrections; riots;
epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms;
floods; washouts; restraint of government and people; civil disturbances;
explosions; unavoidable breakage or accidents to machinery, equipment, or
plants; and any other events which, whether similar to those enumerated or
otherwise, are not reasonably within the. control of the. party affected. In the
event either party is rendered unable, wholly or in part, by Force Majeure to
carry out its obligations under this Contract, then the obligations of such
party, to the extent affected by such Force Majeure and to the extent that
due diligence is being used to resume performance at the earliest practical
time, shall be suspended during the continuance of any inability so caused to
the extent provided, but for no longer period. Any time that a party intends
to rely on Force Majeure to suspend obligations, such party shall notify the
other party as soon as reasonably possible, setting forth the particulars of the
situation. Notice shall then be given when the effect of the Force Majeure
event has ceased.
10. TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the CONTRACTOR shall fail to fulfill in timely and
proper manner his obligation under this Contract, or if the CONTRACTOR
shall violate any of 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 fifteen (15) days before the
effective date of such termination. 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.
11. TERMINATION OF CONVENIENCE OF THE CITY
The CITY may terminate this Contract at any time by giving at least thirty
(30) days notice in writing to the CONTRACTOR. If the Contract is
terminated by the CITY as provided herein, the CONTRACTOR will be paid. for
the time provided and expenses incurred up to the termination date.
12. ADDRESS AND NOTICE
Unless otherwise provided in this Contract, any communication, request,
reply, advice, or other notice herein provided or permitted to be given, made,
or accepted by either party to the other, must be in writing and may be given
or be served by depositing the same with the United States Postal Service
postpaid and registered or certified and addressed to the party to be notified,
with return receipt requested, or by delivering the same to an ofFcer or
ofFcial of such party, or by prepaid telegram, addressed to the party to be
notified. For purposes of notice, the address of the parties shall be:
If to the CITY:
John A. Comeaux, P.E.
Director of Public Works
City of Port Arthur
P. 0. Box 1089
Port Arthur, TX 77641-1089
If to the CONTRACTOR:
Jame B. Diaz
Forde Construction Company, Inc.
6842 Calle Lozano Dr.
Houston, TX 77041
713-466-0511
The parties may, at any time, change their respective addresses by providing
at least fifteen (15) days written notice to the other party. Routine
operational communications need not be communicated. in writing, but may
be exchanged verbally between the designated supervisory personnel of the
parties. ,
13. COMPLIANCE WITH LAWS
The CONTRACTOR shall comply with all applicable laws, ordinances, rules,
orders, regulations, and codes of Federal, State, and Local governments
relating to performance of the work herein, including those that became.
effective during the term of the Contract, at no additional expense to the
CITY during the term of this Contact, save and except for any increases in
personnel costs due to increases in Federal minimum wage, whereupon the
CONTRACTOR will notify the CITY of the additional cost to be due for the
remainder of the contract year and the commencing date of such increased
cost to the CITY.
14. CML RIGHTS ACT OF 1964
Under Title VI of the Civil Rights Ad 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.
The CONTRACTOR will carry out its work under this Contract in a manner
which will permit full compliance by the CITY with the .Statute and the
regulations adopted thereunder.
15. INCORPORATION OF PROVISIONS REQUIRED BY LAW
Each provision and clause required by law to be inserted into the Contract
shall be deemed to enacted herein and the Contract shall be read and
enforced as though each -were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Contract shall be amended to make such insertion on application by either
side. -
16.
This Contract and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set herein and to sustain the validity of
this Contrail.
17. SEVERABELITY
The provisions. of this .Contract are severable, and if any work, phrase,
clause, sentence, paragraph, section, or other part of this Contract, or the
application thereof to any person or circumstances, shall ever be held by any
court or regulatory authority of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Contract and the
application of such word, phrase, clause, sentence, paragraph, section, or
other part of this Contract to other persons or circumstances shall not be
affected thereby, unless in the opinion of the CONTRACTOR and CITY, the
purpose of this Contract is frustrated.
18.
Each party represents and warrants to the other that this Contract is binding
upon and enforceable against such parry.
19. ASSIGNABILITY
This Contract shall be binding upon and inure to the benefit of the parties
hereto and their successors and assigns, and this Contract may be assignable
by the CONTRACTOR upon writtere notice to the CITY.
IN WITNESS WHEREOF the City of Port Arthur has caused this Contract to be
executed this 3rd day of June ; A.D., 20 08 ~.
THE CITY OF PORT ARTHUR
Stephen B. Fitrgibbons
City Manager
ATTEST:
City Secretary
IN WTTNESS WHEREOF _
be executed this day of
CONTRACTOR
Company
Signature
Name
v Title
ATTEST:
APPROVED AS TO FORM:
City Attorney
has caused this Contract to
A. D.; 20 08 .
DELORIS "BOBBIE" PRINCE, MAYOR
MICHAEL°SHANE" SrNEGAL, MAYOR PRO-TEM
COUNCIL MEMBERS:
3ACrf CHATMAN, JR.
CAI. JONES
Tii01`hAS J. H£:irfERSON
MAYITIN P1.OC1D
JOHN BE.ARO, JR. .
RORER'S E. W'ILLIAMSON
>H'rLLrE "BAE^ LEW1S
Cliy Of
.. ~„P'1'-~'~
ort Qrthu
~/
Texas
INVITATION TO BID
April 11, 2008
Vendors:
STEPHEN FITZGIaBONS
CITY MANAGER
TERRl HANKS
ACTING CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
Sealed Bids, subject to the General .instructions, Conditions and Specifications, as provided will be
addressed to the City Secretary of the City of Port Arthur, Texas m DUPLICATE.
Sealed BIDS shall be received no later than 3:00 P. M. Apri130, 2008 at the City Secretary Office
and all bids received will thereafter be opened and read aloud on Apri13Q, 2008 in the City Council
Chambers, 5th Floor, City Hall, Port Arthur, Texas for the following:
PLANING AND TEXTURING PAVEMENT
BIDS SHALL BE PLACED IN A SEALED ENVELOPE, with the bidder's name and address in the
upper left-hand corner of the envelope. FACSIMILE TRANSMITTALS SHALL NOT BE.
ACCEPTED.
BIDS MUST BE submitted on the pricing form included for that purpose in this packet and SIGNED
BY A PERSON HAVING THE AUTHORITY TO BIND THE FIRM IN A CONTRACT.
MARK ENVELOPE: TEXTURING
Seated Bids shall be submitted:
CITY OF PORT ARTI~UR
CITY SECRETARY
P. O. BOX 1089
PORT ARTHUR, TX 77641-1089
CITY OF PORT r\RTHUR
CITY SECRETARY
444 4TH STREET
PORT ARTHUR, TX 77640
ALL BIDS MUST BE RECEIVED IN TfiE CITY SECRETARY'S OFFICE BEFORE OPENING
DATE AND TIME.
P0. 00%1089 * POAT AATHUH, TEXAS 7To41-7089 • 409/983-8175 • fAX 409/983-8291
Bids received after the closing timespecified will be rettut~ed to the bidder unopened. Award will be
made as soon as practicable after opening. To obtain results, or if you have any questions, please
contact Clifton Williams at the City of Port Arthur Purchasing Office, at (409) 983-81b1.
The Cityaf 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.
Sincerel~y, / `
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 Part Arthur Ylte required information specified in the Bid or Proposal SpeciTications listed
in this Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to
prepare SEALED BIDS IN DUPLICATE for furnishing: PLANING AND TEXTIJ?tif~'C
PAVEMENT
Bids must be in a sealed envelope addressed to the Cily Secretary, City of Port Arthur,
P. O. Box 1089; Port Arthur, Texas 77641. Bids shall be received no later than
3:00 P. M. April 30 ''008 Bid proposal MUST BE SIGNED BY THE BIDDER.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION "FO'1'HE 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 I:o
accept any and all or none of the exception(s)/substitutions(s)deerned to be in the best interest ofthe:
City of Port Arthur.
Bids camtot 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.
2. Awazd bids on the lump swn or unit price basis, whichever is in the best interest of the
City.
3. Reject any or ail 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 ofbusiness is in the City of Port Arthur
and whose bid is within 5°/> of the lowest bid price. "Phis preference can't be granted
for purchases involving Federal Furids.
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.
TEKMINOLOGY: "Bid" vs. "Proposal"--For the purpose ofthis ITB, the terms "Bid" and Proposal"
shall be equivalent.
Bidders are 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 1?t.
ETHICS: The bidder shall not oFfer or accept gifts or anything of value, nor enter into any business
arrangement with any employee, official or agent of•the City of Port Arthur.
~~---•-••--••-~~•~~ ~~=w~=~~~.~wrvivomLnrttv~rbC;[lvlrt3lllDERS:Aprospectivebidder
must affirmatively demonstrate bidder's responsibility: A prospective bidder must meet the
following requirements:
I. 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 acid 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 azrears ui its
obligations fo the City.
7. No payments shat I be made to any person 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.
Addendas will be mailed to all who aze 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 by the City of Port Arthur to the
successful bidder. The purchase order number must appeaz on all itemized invoices.
INVOICES: All invoices shat] be mailed directly to the City of Port Arthur, Attn.: Public Worl<s.
P. O: Box 1089, Port Arthur, Texas 77641.
Pavment: Payment will be made upon receipt of the original invoice a~td the acceptance ofthe goods
or services by the City of Port. Arthur.
SALES TAX: The City of Yort 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, ordinanc~:s,
rules; orders, regulations and codes of the federal, state and local governments relating tc;
performance of work herein.
INTEREST OF MEMBERS OF CITY- No member of the governing body of the City, and no other
off cer, employee or agent of the City who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, sltal l have any personal financial interest, director
indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS UUE CITY: The City of Port Arthur Code of Ordinances proiribi[s
the City from grarrting any license, privilege or paying money to anyone owing delinquent taxes,
paving assessments or any money to the City until such debts are paid or until satisfactory
arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT
included as part of this JTB.
CONTRACT: The following will comprise the contract between the City and the successful bidder:
1. htfonnalion for Bidders
2. Bid Sheet
3. Notice of Awazds
4. Specifications
5. Addenda
QUANTITIES: Quantities shown aze estimated, based on projected use. It is specifically understood
and agreed that these quantities are 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 fa- one year after the bid opening date.
If through any-cause the Bidder fails to fulfill in a timely and proper manner, his obligztions render
this Contract, or fails to perforrn 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 fifteen (15) days before the effective date of such termination.
No person has the authority 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 ail 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 are to be F.O.B., City of Port Arthur, Port Arthur, Texas
77640
irvv,~rcrvxHnyNVrt'Ktw1S1t~NSKEOUiREDBYLAW• Each provisionandclauserequired
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. If, through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, the Contract shall be amended to make such
insertion on application by either pasty.
CONTRACTOR'S OBLIGATIONS • The Contractor shall and will, in good workmanlike mamter,
perfomt all work and fivnish all supplies and materials, machinery, equipment, facilities and wears,
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 apparent silence of these specifications as to any detail or to the apparent omission from it of a
detailed description conceming any point, shall be regarded as meaning that only the bes?
commercial practices are to prevail. All interpretations ofthesespecifications 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 ofPort Arthur
the option of selecting goods which maybe 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 of the
successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds ofrace, coffer, 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 conceming this ITB or additional information should be directed to Ross Blackketter at
409-983-8180.
CITY OF PORT ARTHUR, TEXAS
CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR
A ONE YEAR CONTRACT FOR PLANING AN®
TEXTURING PAVEMENT
April 11, 2408
BY
CITY OF PORT ARTHUR PUBLIC WORKS DEPT.
Contractor/Engineer
ContractorlEngineer Project No.
(FOR USE IN
FEDERALLY FUNDED PROJECT; CDBG)
TABLE OF CONTENTS
PAGE NUMBER
A. CONSTRUCTION CONTRACT AGREEMENT .....................................A-1 TO A-3
B. ADVERTISEMENT FOR BIDS ........:.....................................................8-1 TO B-?
C. INFORMATION "TO BIDDERS .............................................................. C-1 TO C-8
D. BID ........................................................................................................ D-1 TO D-6
E. BID BOND ..............................................................................................E-1 TO E-2
F. SPECIAL REQUIREMENTS TO PROVISIONS ..................................................F-a
SPECIAL PROVISIONS .................................:...................................................F..
NUMBERICAL INDEX TO GENERAL CONDITIONS ...........................F-i1 TO F-i~!
GENERAL CONDITIONS ...................................................:................ F-1 7'O F-50
G. WAGE DECISIUN ................................................................................ G-1 TO G-5
H. TECHNICAL SPECIFICATIONS ................................................ H-a TO H-y
I. SUPPLEMENTAL GENERAL CONDITIONS ........................................... I-1 -f0 I-.'..
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 lalaws 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:
1. The CONTRACTOR will commence and complete the construction of eacr~
project selerted by the City for a one year contract for PLANING APdfi
TEXTURING PAVEMENT. Each project will be identified in a notice to proceed
issued by the City. Each project shall be deemed a separate contract.
2. The CONTRACTOR will furnish at his own expense all incidental materials,
supplies, tools, all equipment and labor and other services necessary for the
construction and completion of the Project described herein. OW NER to fumish
all major materials at no cost to CONTRACTOR.
3. 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.
5. 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
(L) Drawings prepared by
(M)
(N)
dated
Specifications prepared
Department dated
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, orcaused 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:
ATTORNEY
OWNER:
BY:
NAME:
TITLE : MAYOR
(SEAL)
ATTEST:
NAM
TITLE: CITY SECRETARY
numbered through
or issued by Citv of Port Arthur Public Worl<s
BY:
TITLE : CITY MANAGER
A-2
CONTRACTOR:
.(CORPORATE SEAL)
ATTEST:
NAME:
BY
NAME:
ADDRESS:
A-3
A ONE (1) YEAR CONTRACT FOR PLANING AND TEXTURING PAVEMENT•
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 plat)iit:
inspection without charge. A set of such Documents may be obtained from such office
upon making anon-refundable deposit of -0-
No Payment or Pertormance Bond will be required since contract is awarded on a
unit price basis and each individual project to be authorized is no4 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 calendarday, 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''vvage
schedule is included in the Contract Documents and any applicable change.in such wage
schedule shall be furnished, and Equal Employment Opportunity requirements rrrust br:
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), 7?.nd
Leg., 1st C.S., Acts 1991 at 188, in orderfornon-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.
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 thatare 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.
B-1
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 of this Contract(paragraph No. 54 of
the General Conditions) and the fact that rainy weather shall constitute just cation for any
delay in the time for completion only under certain conditions.
This Contract is for a ONE (1) YEAR CONTRACT FOR PLANING AMD TEXTtb€~li+lf4
PAVEMENT. -~--•
B-2
INFORMATION TO BIDDERS
The following instructions are applicable to the Contract in addition to the requirements sct
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; alai nr.~
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
irregularwhich 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 fait 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 itaE:
partnership or corporation shall be shown, together with the name and address of the
partners orofficers. If the bid is made by a partnership, it must be acknowledged by one 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 th_e name of the oroiect and tha Cnntra~t „~ ~,.,hor ,.,,,
Withdrawal or modifications to bids are effective only if written noticethereof is filed priorto
time of bid opening and at the 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 made to circumvent the bidding procedures, the City Council reserves
the right to approve a withdrawal of a bid without assessing further liability.
C-1
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 an
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
pertormed 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
The CONTRACTOR will commence and complete the construction of each project
selected by the City for planning and texturing.. pavement. 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 for whose 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 insurance).
C-2
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 cornpensation 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).
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 for contracts of $100,000 or less; or,
b. , Bodily Injury $1,000,000 single limit per
occurrence of $1,000,000 each personY$1,000,000
-per occurrence for contracts in excess of
$100,OOO;and,
c. Property Damage $100,000 per occurrence
regardless of Contract amount; and,
d. Minimum aggregate policyyeartimitof$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).
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.
4. Contractual Liability Insurance covering the indemnity
provision of this Contract in the same amount and
C-3
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 (rot
required for paving projects, water and -sewer NOT
REQUIRED line projects or projects involving lump sum
payments).
CONTRACTOR shall cause CONTRACTOR'S insurance companyor insurance agentto 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
least fifteen (15) days priorwritten 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 bythe OWNER not laterthan thirty (30) days
after issuance of the Notice to Proceed for the 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 familiarwith 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 <~
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 b;.
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 mader>y
the CONTRACTOR on the basis of the information made available by the OWNEF:. !i;
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 pursuantto 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 151.056 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 Nouse 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 identifythecharges 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 tl?e'
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
Comptrollers rulings, along with a copy of the certificate issued to him by the City.
The OWNER wiH 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 any 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 thr-.
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 or the OWNER'S failure to
comply with said rules, regulations or laws, or as the result of the performance of the
Contract or 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 not to 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 last24 months giving name of OW NER,
amount of Contract, description of thejob, 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 Architect/Engineer,
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 ContractDocuments, or should a Bidder be in doubt as
to their meaning, the Bidder should, no later than 96 hours prior to the bid opening, notify
the Architect/Engineer in order that. a written Addendum if necessary, may be sent io all
Bidders prior to submission of the bids. Failure to request such clarification is a waiver tc
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 Bidderspecify 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 in consecutive 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 productofanother manufacturer,
but rather to set a definite standard of quality or performance, and to establish an equal
basis for the evaluation 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 anri
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.
C-7
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: April 30 2008
BID
TO: CITY OF PORT ARTHUR
444 4TH STREET
P.O. BOX 1089
PORT ARTHUR, TEXAS 77640
i /
Proposal of /"0/~[ ~/7,T~rGtyT~a~ (~p/hp~T~1a~, hereinafter called
"BIDDER'), organized and existing under the laws of the State of ~x*I ,doing
business as *_a 60~ne~4~ib~ ,and acting by and through_
. To the City of Port Arthur, Texas(hereinafterealled "OWNER"j.
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
work for the construction of each project selected by the City for PLANING AND
TEXTURING PAVEMENT in strict accordancewith 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 ai
independently, without consultation, communication, oragreement as to any matter relating
to this BID with any other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK underthis 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 tl~e
following unif 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.
NO: ITEM UNIT UNIT PRICE MINIMUM
. PLANING/TEXTURING , SY $ o i` /gy v ~ S'~'
HMAC ON FLEXIBLE BASE
mi7~~ L 1 Y~'THICKNESS DAY $ GDlDAY 3 DAY
t'~NOy' 2. PLANING/TEXTURING SY $ NUJ Bit1 /SY • Na id SY
Nb G~lao u HMAC ON CONCRETE
p 1 'h"
3" THI
'~
-
CKNESS DAY $ y yoo
/pqY _ ,3
pAY
/7~~"`J 3. PLANING/TEXTURING SY $N' ~i~ISY __
~f/o t~~~I SY'
°~ CONCRETE SURFACE
5.~~,P;/;AS 1 '/~`' THICKNESS DAY $ 5 tl0°%DAY ~_ DAY
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. Bid shall be good for sixty (60) days after date of bid
i
open
ng. .
Address i1~~~~~ 77~j
Date -
License Number(if applicable)
(Seal - If bid is by a Corporation)
' Attes ~~
D-2
..
AFFIDAVIT
BID DATE: April 30, 20013
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.
~~ereby certify that I do not have outstanding debts with the City of Port Arthur
Further, I agree to pay succeeding debts as they became 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:
~+•r/e CphJ~/'/.~li7~b••~v~•rGpsh~/?sra.
TITLE- V/GC ~~lSrq~ti~
ADDRESS 68yL c-QII ~u~o r.
CITY/STATE/ZIP ~O[tJ-f<i7n i7X 770/
TELEPHONE NUMBER-.--~ ~3~~ 6~ b~//
SIGNATURE- /J ~~ .
~ r;:
SUBSCRIBED ~D SWORN to before e by the above named
_ on this the~0 ~ay of ~I / 20 f\J~ g~
Notary Public in and for the State of _ ' )~ ~~ T~ ~~{~,a~'~'\ 4/~C~`-~
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
D-3 r.~.-.v--4
P~ SERI0. KAMMEREfl. ..
NOTARY PUBLIC'
STATE OF TEAS
'0~ My ~(IMM. IXP. 12.272009
BID DATE: April 30. 2008
CITY OF PORT ARTHUR
EXCEPTION/APPROVED EQUAL REQUEST
(Please submit this form for each exception/approved equal)
VENDOR: TELEFAX:
PROJECT: `
PAGE: OF PARAGRAPH:
SUBJECT:
Request: ,
.~ Signature ,
FOR CITY OF PORT ARTHUR USE ONLY
Approved:- Disapproved: Clarification:
Signature
City of Port Arthur Representative
D-4
BID DATE: April 30 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 T.O/: ~ // /~
COMPANY F7Jr~~ [/~,y f~/Yd(~?!Oti Lo.*,as~y~~,
ADDRESS (9 p yTi C~F~~ yf7o ~i'~
CITY/STATE/ZIP !~ ~pn~ ~,}- 77p~// '
COMPANY ~/YOr~1~° LtJhJf"/ull!`!LN ~v
ADDRESS_fs~yL L'!c /~e GpZ tik o ~„
CITY/STATE/ZIP f~D~i~l~oH17k 77aY/
TAX IDENTIFICATION NUMBER: ~6-DOS~S~?3~
D-5
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
-and
hereby held and firmly bound unto
OWNERin
the penal sum of for the payment of which, well and truly to be made, we
hereby jointly and severally bind ourselves, successors and assigns.
Signed, this day of
20 .The Condition of the. .
Above obligation is such that whereas the Principal has submitted to
a certain BID, attached
hereto and hereby made a part hereof to enter into a. Contract in writing, for the
NOT REQUIRED
NOW, THEREFORE,
(a) If said BID shall be rejected, or
(b) If said 81D shall be accepted and the Principal shall execute and deliver a Contract ir,
the Form attached hereto (properly completed in accordance with said BID) and shaii
furnish a BOND for his faithful performance of said Contract, and for the payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the agreement created by the acceptance of said BID,
as Principal, and as Principal,
as Surety, are
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then this obligation shall be void, otherwise then this obligation shall be void, otherwise the
same shall remain in force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as here in stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its BOND shall be in no way impaired or affected by any extension of the time
within which the OWNER may accept such BID; and said Surety does hereby waive noti,:'
. of any such extension.
IN WITNESS WHEREOF, the Principal and ttie Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto
affixed and these presents to be signed by their proper officers, the day and year first set
forth above.
Principal
Surety
By;
IMPORTANT-Surety companies executing BONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact.
business in the state where the project is located.
E-2
y
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.
Delete Subsections a, b, and c of Section 48 of General Conditions on page F-15
and replace with the followiny:
After completion of a project as described inthe Contractor's notice to proceed ant;
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 EmploVnient and i3usiness
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 F
3
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 ,
21. 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 Regulatioris 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 oc 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 Found 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 ApprenticeslTrainees
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 Authori2ed 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
F
z
74. Provisions to be Included in Certain Subcontracts
e
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. Ahtitrust
97. Federal Labor Standards Provisions
"" " 'ay, Disruption or Other Claims
F-i-4
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 hereir;
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.
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 orcorporation 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 Yha
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 v~ith whom CITY has contracted
for design and construction services of Project Work.
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
F-1
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 fer
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, orwill secure at hisownexpense, all
personnel required in performing the work under this Contract. Such personnel shalt not
be employees of or have any contractual relationship with the CITY.
b. All of the work required hereunder wilt 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
priorwritten approval of the CITY. Any work or services subcontracted hereundershall be
specified by writtemContract or agreement and shall be subject to each provision of this
Contract.
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 pursuantto this Contract, the costs and obligations incurred orto 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.
F-2
These records will be made available for audit purposes to the CITY or any
authorized representative, and will. be retained for three(3) years afterthe expiration of this
Contract unless permission to destroy them is granted by the CITY. ,
7. 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.
8. COPYRIGHT
No report, maps or other Documents produced in whole or in part under this Contra~~t
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 grid local governments relating to performance
of the work herein, the protection of adjacent property and th_e 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 suci
locality, 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.
12. INTEREST OF CONTRACTOR AND EMPLOYEES
The CONTRACTOR covenants that he presently has no interest and-shall not
F-3
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 Contact:
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 bylaw, grdinance 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 vvo~:k
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 OW NER shall constitute
an acceptance of work not done in accordance with the Contract Documents or relieve the
CONTRACTOR of liability in respect to any wan'anties or responsibility forfaulty materials
cr workmanship. The CONTRACTOR guarantees and warrants that all materials ar~d
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 other than 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 carry out the work included in the Contract. The additional drawings and
F-4
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 ArchitecUEngineerwlll 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 Architect/Engineer 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 Architect/Engineer two copies of
each shop or setting drawing prepared in accordance with the schedule predetermined as
aforesaid. After examination of such drawings by the Architect/Engineer and the return
thereof, the CONTRACTOR shall make such corrections to the drawings as have been
indicated and shall furnish the ArchitecUEngineerwlth two corrected copies. if requested
by the ArchflecUEngineer, 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 Pla ns and S pecifications, 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 es 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 to
execute, complete and deliver the work within the specified time.
b. Any work necessary to be performed after regular working 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 forthe work shall be purchased by the CONTRACTOR or
by any Subcontractor subject to any chattel mortgage or undera 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.
F-5
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 durabilit,~
of the structure may depend, shall be subject to inspection and testing to estabiisi;
conformance with Specifications and suitability for uses intended.
20. "OR EQUAL" CLAUSE
W henever a material, article or piece of equipment is identified on the Plans or in the
Specifications by reference to manufacturers' orvendors' 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 Ly
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 include 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 OW NER 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
F-6
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 wil!
fumish 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 a{I 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 fumish, erect, maihtain 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 peifiormance 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, e_ t seq., and
F-7
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 ar3c
Subcontractors shall famish 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 Subcontractis not listed on the
List of Violating Facilities issued by th'e 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 Feder gal
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 event
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
F-8
CONTRACTOR shall observe all local, state and federal laws in purchasing and handlir;c
explosives. The CONTRACTOR shall take all necessary precautions to protect comp(etec]
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 eicplosives 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 5uretyfordamages that mas- t,~,
caused by such use.
c. Danger Signals and Safety Devices (Modify as Required):
The CONTRACTOR shall make all necessary precautionsto 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 tp
the CONTRACTOR. Such action by the OWNER does not relieve the CON'i"R.4CTOi? c~i
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 orafter 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 sucf;
determination to be set forth in writing.
Z8. 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 Execu#ive Order N~.
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
F-9
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 Contracts, 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 orcausing 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 forany damage which may resuitfrom
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:
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 thari 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
a. To place upon the work or any part thereof only such loads as are consistent with
the safety of that portion of the work;
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b. 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;
c. Before final payment to removal all surplus material, false work, temporary
structures, including foundations thereof, plant of any description ar~d debris of every
nature resulting from his operations, and to put the site in a neat, orderly conciiticrr;
d. To effect all cutting, fitting or patching of his work required to make the same to
conform to the Pfaris and Specifications and, except with the consent of the
Architect/Engineer, 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 furrrishe 1
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 OW NER 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 OW NER shall obtain all lands and rights-of-vvay
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
Documents, priority of interpretation, shall be in the following .order: Signed
Agreement(including General Conditions), Performance Bond, Payment Bond: Speri;ii
Bonds(if any), Proposal, Special Conditions(including Information to Bidders),
Advertisements for Bids,. Detailed Drawings, Technical Specifications, Genera!
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
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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 notifythe Architect/Engineerimmediately oflacl<of progress cr
effective workmanship on the part of other CONTRACTOR'S.
Failure of a CONTRACTOR to keep informed of 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 thane
parts of work which, under normal contracting practices, are performed by speciait~r
Subcontractors.
b. The CONTRACTOR shall not award any work to any Subcontractor without 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 shat{ be as fully responsible to the OWNER for the act;; or
omissions of his Subcontractors, and of persons either directly or irutirecti}:
employed bythem, as he is forthe acts and omissions of persons directly employed
by him.
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.
• F-12
e. Nothing contained in this Contract shall create any contractual relation between
any Subcontractor and the OWNER.
39. ARCHITECTlENGiNEERS AUTHORITY
The Architect/Engineersholl give all orders and directions contemplated under this
Contract and Specifications, relative to the execution of the work. The ArchitecUEngineer
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:
ArchiteeUEngineers estimates and decisions shall be final and conclusive, except as
herein. otherwise expressly provided. Incase 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 ArchitecUEngineer 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 b~=,
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 forthe
OWNER, shall be adjusted and determined by the Architect/Engineer.
41. CONTRACT SECURITY
If the Contract amount exceeds Twenty-five Thousand Dollars ($25,OOD), a Payment
Bond shall be furnished, and if the contract exceeds One Hundred Thousand .
Uollars($100,000.00)a Performance Bond also shall be furnished, on prescribed forms i~
the amount of one hundred percent(100%) of the highest amount bid, as security i'or• the
payment of 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.
42. ADDITIONAL OR SUBSTITUTE BOND
If at any time the OWNER, forjusfifiable cause, shall be or become dissatisfied with
any Surety or Sureties for the Performance and/or Payment Bonds, the (:ONTRAC'TOR
shall, within five(5) days after notice from the OWNER to do so, substitute an accepiabla
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
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CONTRACTOR. No further payments shall be deemed. due nor shall be made until thie
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 hereunderwithout written consent oFthe 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 substantiallyto the effeci tPr:i
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 o;: -the wei1;, 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 shat! operate
as a release to the OW NER of all claims and all liability to the CONTRACTOR for ail tYiings
done or furnished in connection with this work and for every act and neglect of the OW NER
and others.relatirlg 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 under this
Contract or the Performance and Payment Bonds.
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
F-14
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 in form satisfactoryto 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) perir~dic
itemized estimates of work done for the purpose of making partial payments thereon. 'i"t,e
costs employed in making up any of these schedules will be used only fordetermining the
basis of partial payments and will not be considered as f'ccing 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 anr:l
approved estimate of the work performed during the preceding calendar month under this
Contract, butto insure the proper performance of the Contract, the OWNER shalt retain tsr;
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 laterthan the fifth (5th) day
of the month. Provided further, that on completion and acceptance of each separate
building, public work or otherdivision ofthe Contract onwhichthe price is stated separately
in the Contract, payment may be made in full, including retained percentages
thereon,. less authorized deductions.
b. In preparing estimates, the material delivered on the site and preparatory ~~n+ort:
done may be taken into consideration. -
c. All material and work covered by partial payments made shall thereupon becorne
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 OW NER to require the fulfillment of all of the terms of the
Contract.
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d. OWNER'S Rightto 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, workrne:i,
mechanics, materialmen and furnishers of machinery and parts thereof, equipment, puUVer
tools and all supplies, including commissary, incurred in the furtherance of the performance
ofthis 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 served 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 sufficient to pay any and all surh 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 ter:Ms
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 agent of
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 cf
manufacture and all methods of construction shall be at all times and places subject to the
inspection ofthe Architect/Engineer 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, asthe case maybe, by the
CONTRACTOR at his own expense. Rejected material shall immediately be removed from
the site. If, in the opinion of fhe Architect/Engineer, it is undesirable to replace ~arn~
defective or damaged materials or to reconstruct or correct any portion of the work injured
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 ArchitecUEngineer 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 5pecificatioris, he
F-16 '
shall immediately give notice to the ArchitectlEngineer 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 pug ~uar~t to
a written order of the Architect/Engineerspproved by the OWNER, as aforesaid, and the
claim presented with the first estimate after the changed or extra work is done. W hen wog k
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 1N WORK
No changes in the work covered by the approved Contract Documents shall be mac.~e
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;
(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 (cj 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
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of supervision, overhead, bond; profit and any other general expenses.
53. EXTRAS
Without invalidating the Contract, the OWNER mayorder 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 iri th=.
proposal, and no claims for any extra work or materials shall be allowed unless ttie work. i:;
ordered in writing by the OW NER or its ArchitectLEngineer,acting officially forthe 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 agreesthat 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 beiween the CONTRACTORZ
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, for each and
every consecutive calendar day, including, but not limited to, a!I 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.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
OW NER because of the impracticability and extreme difficulty of fixing and ascertair7irrg tt-re
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
F-18
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 OW NER 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 ta:
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 performarice 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 v~~~:ath<r
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
condition 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
will be rounded to the nearest whole number of days.
Provided, further, that the CONTRACTOR shall, within ten (10) days from the
beginning bf such delay, unless the OWNER shall grant a further period of time prior to the
date of final settlement of the Contract, notify the OWNER, in writing, of the causes of
delay, who shall ascertain the facts and extent of the delay and notify the CON TRAG'TOR
within reasonable time of its decision in the matter.
Provided, that this provision for liquidated damages shall be cumulative of and not in
limitation 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. -
F-t9
55. WEATHER CONDITIONS
to the event of temporary suspension of work, or during inclement weatf-ier, or
whenever the Architect/Engineershsll direct, the CONTRACTOR will, and wilt cau~ae: ids
Subcontractors to, protect carefully his, and their, work and materials against damage or
injury from the weather. If, in the opinion of the Architect/Engineer, any work or materiais
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
i
The CONTRACTOR shall at all times safely guard the OWNER'S property freer;
injury or loss in connection with this Contract. He shall at all times safely guard and prote~c;t
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 dr injury of property and/or safety of
life, the CONTRACTOR will be allowed to act, without previous instructions from the
Architect/Engineer, in a diligent manner. He shall notifythe Architect/Engineerimmediately
thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shaii
be promptly submitted to the Architect/Engineer for approval.
Where the CONTRACTOR has_ not taken .action but has notified the
ArchitecUEngineerof an emergencythreatening injury to persons ordamage to the work or
any adjoining property, he shall act as instructed or authorized by the Architect/Engineer.
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.
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
F-20
superintendent orforeman who shall have full authority to act for the CONTRACTOR. It is
understood that such representative shall beacceptable tothe Architect/Engineer 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 atwage 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 Bash, 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 orincurred 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 bythe CONTRACTOR orSubcontractorupon the work
covered by the Contract, the OW NER, in addition to such other rights as may be afforded it
under this Contract, shall withhold from the CONTRACTOR, out of any payments due 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 OW NER 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.
F-21
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 amountof 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 t..abor whict; is a
part of this Contract: Provided, however, the Secretary of Labor has found, upon file
writtemrequest 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 prograrn. 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.
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 for Unpaid Wages Liquidated Damages: In the eventof 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).
c. Withholding for Liquidated Damages: The OWNER shall withhold orcause to be
withheld from any monies payable on account of work performed by the CONTRACTOR or
Subcontractor such sums as may administratively bedetermined to be necessary to satisfy
any liabilities of such CONTRACTOR or Subcontractorfor 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
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Subcontractors to include these clauses irr any lower tier Subcontracts which they may
enter into, together with a clause requiring this insertion in any fiurther Subcontracts ti iat
may in turn be made.
63. EMPLOYMENT OF APPRENTICES/TRAINEES
a. Apprentices: Apprentices will be permitted to work at less than the predetermined
rate for the 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, whe is ~~~~t
individually registered in the program, but who has been certified by the Bureau ct
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 greaterthan 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 orSubcontractorwill be required to furnish to
the contracting officer or a representative of the Wage-Hour Division of the U.S.
Department of Laborwntten evidence of the registration of his program and apprentices as
well as the appropriate ratios and wage rates(expressed in percentages ofthejoumeyman
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 tharrthe predeterrnined 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
Apprenticeship and.Training. Every trainee must be paid at not lessthan 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 officeror a
representative of the Wage-Hour Division of the U.S. Department of Labor written
evidence of the certification of his program, the registration of the trainees and the ratios
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and wage rates prescribed inthat program. In the event the Bureau of Apprenticeship and
Training withdraws apprdval 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
Unlisted classifications needed for work not included within the scope of tl,e
classifications listed in the wage detennination in this Contract may be added after avdarrl
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,
67.
The applicable wage poster and the applicable wage determination decisions, with
respect to-the various classification of laborers and mechanics. employed and to b
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.
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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 oranySubcontractorbecause 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 OW NER 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. QUESTInNS CC~Nf:FRNINr: CGRTeini ccnconi c-rA~-~ ~r~-~ . ~.,..
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 Flousing 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 maybe relied upon for the purposes of ±his
Contract.
71.
The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms
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. Eaci~
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,
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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, thatthe wages
of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 7(b) {2) (B) of the
Davis-Bacon Act, the CONTRACTOR of Subcontracforshall maintain records which sho~~r~
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 orthe actual cost incurred in providing such benefits. The CONTRACTOR and
each Subcontractorshaltmeke his employmentrecords, with respect to persons employed
by him upon the work covered by this Contract, available for inspection by authorized
representatives ofthe Secretary of Housing and Urban Development, the OWNER and the
United States Department of Labor. Such representatives shall be permitted to inter~ie+r~
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 Contract pertains 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
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 Sta;:es
Department of Labor, orthe 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,
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togetherwith a clause requiring such insertion in any further Subcontracts that may in tum
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, 'rollow hiring and
employment practices for work on the project which will provide newjob 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 he yrour7rJs
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 publicbuildings, publicworks or buildings orworks
financed in whole or in part by loans or grants from the United States to give up any park of
the compensation to which he is entitled under this Contract of employment, sha!I 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 forCONTRACTOR'S
and Subcontractors engaged in the construction, prosecution, completion or repair of
public buildings, public works or buildings orworks financed in whole or irrpart 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.
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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 Jane
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 repairofpublic buildings, public works orbuildings
orworks 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 of the 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 AcYof 1959), and in the enforcement of the overtirne
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.-
Sectioh 3.2 definitions as used in this part:
a. The terms "building" or "work" generally include construction activity a.s
distinguished from manufacturing, furnishing or materials or servicing and maintehance
work. The terms include without limitation, buildings, structures and improvements of ail
types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels,
sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers,
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 or equipment during the course of the manufacture orr'urnishirig orov,~ns
the materials from which they are manufactured or furnished) is not a "building" or "+nrorl<"
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
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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 or equipment 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 defihed above, a federal agency is a
contracting party, regardless of whether title thereof is in a federal agency.
d. The term "building orwork financed in whole or in part by loans orgrants 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 repairof 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 partnerorofficerofthe CONTRACTOR
or Subcontractor; a corporatibn 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
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.
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b.; Each CONTRACTOR orSubcontractorengaged in the construction, prosecution,
completion or repair of any public buildings, or public works, 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 an authorized officer or
employee of the CONTRACTOR or Subcontractorwho 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, variations, 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 Ly fhe
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 maybe made, such statement, or a 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. "
b. Each CONTRACTOR of 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 correct classification, 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.
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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 orlocal
Jaw, 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 tfie
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 orsimilarpaymentsforthe 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 forthe 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,
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.
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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 bargair;ir~;:,
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..
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;
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 LA80R
Any application for the making of payroll deductions under §3.6 shall comply with
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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 wl~orri
any funds obtained from the proposed deductions are to be transmitted ahd 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 notify the 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.
87. METHODS OF PAYMENT OF WAGES
The payment of wages shall be by cash, negotiable instruments payable on demand
or the additional forms of compensatioh 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
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expressly bind the CONTRACTOR or Subcontractor to complywith such ofthe 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, 2h~:
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
Thousand Dollars($10,000)): During thepertormanceofthisContract,theCONTRACTOR
agrees as follows:
(1) The CONTRACTOR will not discriminate against any employee c;r'
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 or transfer, recruitmentor recruitmenf 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.
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(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 consideratiori 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 of this 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.
(7) The CONTRACTOR will include the portion of the sentence imrnediaiely
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 resulf 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.
F-35
c. Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246) (applicable to cdntracts/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 far minority and female participation, expressed
in percentage terms for the CONTRACTOR'S aggregate work force in each trade on aA
construction work ih the covered area, are as follows:
Timetable Goals for Minority
Participation for
Each Trade
Goals for Female
Participation in
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 i;7
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 forthe 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
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 Directorof 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.
F-36
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 persori to
whom the Director delegates authority;
(c) "Employer identification number" means the Federal Social
Security number used on the Employer's Quarterly Federal Tax
Retum, U.S. Treasury Department Form 941.
(d) "Minority" includes:
(i) Black (all persons having origins in anyofthe 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 anyofthe
original peoples of the Far East, Southeast Asia the Indiar~
Subcontinent or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in
anyofthe 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
F37
Plan area (including goals and timetables) shall be in accordance with that Plan forthose
trades which-have unions participating in the Plari. CONTRACTOR'S must be able to
demonstrate their participation in and compliance with the provisions of any such
Hometown Plan. Each CONTRACTOR or Subcontractorparticipating in an approved Plan
is individually required to comply with its obligations under the EEO clause and to rnaka
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 performing
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 forthe
geographical area where the work is being performed. Goals are published periodically in
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 agreemen# to
refer either minorities or women shall excuse the CONTRACTOR'S obligations under these
Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
(ti) In order for the rion-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 withthese 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:
F-38
a) :Ensure and maintain a working environment free of harassment,
intimidation and coercion at all sites and in all facilities afwhich the CONTRACTORS
employees are assigned to work. The CONTRACTOR, where possible, will assign two
or more women to each construction project. The CONTRACTOR shall specii'ically
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 attentioh 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 minorityorfemale 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
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 i.he
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 policy manual and
collective bargaining agreement; by publicizing it in the company newspaper, annual report,
eta; 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.
F-39
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 orother employment decisions
including specific review of these items v~ith 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 Y~y
including it in any advertising in the news media, specifically including minority and female
news media, and providing written notifcation 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 communityorganizations, 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 aater than.one month-prior to the date fnr
the acceptance of applications for apprenticeship or other training by any recruitment
source, the CONTRACTOR shall send written riotification to organizations such as the
above, describing the openings, screening procedures and tests to be used in theelection
process.
j) .Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after school,. summer and
vacation employment to minority and female youth both on the site and in other areas of a
CONTRACTOR'S 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 persornel'for promotional opportunities and encourage these
employees to seek or to prepare far, through appropriate training; etc., such opportunities.
m) Ensure that seniority practices, job classifications, work
assignments, and other persdnnel practices, do not have a .discrirninatory effect by
continually monitoring all personnel and employment related activities to ensure that trEe
EEO policy and the CONTRACTOR'S obligations under the Specifications are being
carried out.
F-40
n) Ensure that all facilities and compariy 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 involuntary 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
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 minorfty 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 for
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 affirrr~ativ~
action standards todiscriminate against anyperson because of race, color, religion, sexor
national origin.
(11) The CONTRACTOR shall not enter into any Subcontract with any person
or fine debarred from government Contracts pursuant to Executive Order 11246.
F-41
(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 orthese 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
shall be maintained in an easily. understandable and retrievable form;, however, to fhe
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 forthe hiring of local or other area residents (e.g., those under
the Pubiic Works Employment Act of 1977 and the Community Development Block Grant
Program).
90.
buying 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.
F-42
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 Contact
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 cf the Housing and
Urban Development Act of 1968, as amended, l2 U.S.C. 1701 u. Section 3 requires thatto
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 td 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 the execution of this Contract. The parties to this 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 under this Section 3 clause and shall post copies ofthe
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 tha
requirements of these regulations.
(5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135
F-43
and all applicable rules and orders of the Department issued thereunder prior to the
execution of the Contract shall be a condition of the 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 CFFt 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 er
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.
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, judgements, 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 expanse:
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 forwhose acts any of them may be liable, regardless of whether or riot 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 ofthe preparation or approval
of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the
F-44
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 nc
such extension of time shall release the CONTRACTOR or the Surety on his performance
bond from all his obligations hereunder which shall remain in full force until the discharge
of the Contract.
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 bythe Contract Documents, anywork is found to be
defective, CONTRACTOR shall promptly, without cost to OWNER and in accordanre VeitY~
the OWNER'S written instrcuctions, 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 underthe 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 constn~ed 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,
F-45
15 U.S.C.A. Sec. 1, et sea. (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 deliverto the CITY and to the ENGINEER
notice of the amount of the claim and specific and detailed support documentation and
data onthe impactclaimed. 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 complywith
any of these requirements with respect to any claim shall constitute a complete and final
' waiver of said claim. `
F-46
6 ry
LABOR CLASSIFICATION AND MINIMUM. WAGE SCALE
A. GENERAL. Article 5159a of the Revised Civil Statues of Texas, passed bythe ~b3'~
Legislature Acts of 1933, page 91, Chapter 45, provides that any government subdivision
shall ascertain the general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craft ortype of workman or mechanic and shall specify in
the call for bids and in the Contract for construction of Public Works the prevailing rate of
per diem wages which shall be paid for each craft type of workman. This Article further
provides that the CONl~RACTOR shall forfeit, as a penalty, to the CITY, County, or State,
or other political subdivision, Ten Dollars ($10.00) per day for each laborer, orworkman, or
mechanic who is not paid the stipulated wage for the type of work performed by him asset
up on the wage scale. The OWNER is authorized to withhold from the
CONTRACTOR, afterfull investigatiorrbythe awarding body, the amount of this penaltyin
any payment that might be claimed by the CONTRACTOR responsible for the acts of the
Subcontractorin this respect.
The Article likewise requires that the CONTRACTOR and Subcontractor keep an accurate
record of the names and occupations.of all persons employed by him and show the actual
per diem wages paid to each worker, and these records are open to the inspection of the
OWNER.
B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto.
G-1
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumerations of Plans, Specifications and Addenda
H-1
PLANING AND TEXTURING PAVEMENT
SCOPE OF WORK
The Contractor shall furnish all Labor, supervision and equipment to complete
PLANING AND TEXTURING PAVEMENT on designated street projects in the City
of Port Arthur, as well as all incidental items required to complete the work.
Work shall be in accordance with these Technical Specifications and drawings, and
the duration of the contract shall be for one (1) calendar year from the date of
award.
The Contractor shall take notice of the required information to be provided on Page
H-f as it pertains to equipment he is to supply.
H-a
TxDOT-2004 SPECIFICATIONS -ITEM 354
PLANING AND TEXTURING PAVEMENT
354.1. Description. Plane, or plane and texture, existing asphalt concrete pavement,
asphalt-stabilized base, or concrete pavement. Texture bridge deck surfaces.
354.2. Equipment. The Engineer may require demonstration of the equipment's
capabilities.
A. Planing Machine. Use planing machines that:
• have a minimum 6-ft. cutting width except for work areas less than 6 ft. wide;
• are self-propelled with sufficient power, traction, and stability to maintain an accurate
depth of cut and slope;
• .can cut in 1 continuous operation: 4 in. of asphalt concrete pavement, 1 in. of
concrete pavement, or a combination of 2 in. of asphalt concrete pavement and 1i1
in. of concrete pavement;
• use dual longitudinal controls capable of operating on-both sides automatically from.
any longitudinal grade reference, which includes string line, ski, mobile string line, or
matching shoe;
• use transverse controls with an automatic system to control cross slope at a given
rate;
• use integral loading and reclaiming devices to allowcutting, removal, and discharge of
the material into a truck in one operation; and
• include devices to control dust created by the cutting action.
B. Manual System. Use a manual system that can achieve a uniform depth of cut, flush
to all inlets, valve covers, manholes, and other appurtenances within the paved area.
Use of a manual system is allowed for areas restricted to self-propelled access and for
detail pavement Yemoval.
C. Sweeper: Unless otherwise approved, use a street sweeper to remove cuttings and
debris from the planed ortextured pavement. Equip the sweeperwith a watertank, dust
control spray assembly, both spick-up and a gutter broom, and a debris hopper.
354.3. Construction.
A. Grade Reference. When required, place grade reference points at maximum intervals
of 50 ft. in accordance with Item 5, "Control of the Work." Use the control points to set
the grade reference. Support the grade reference so the maximum deflectiondoes not
exceed 1/16 in-between supports.
B. Planing and Texturing. Vary the speed ofthe machine to leave a grid or other pattern
type with discontinuous longitudinal reach. Remove the pavement surface for the
length, depth, and width shown on the typical-section and to the established line a~~d
grades. Remove pavement to vertical lines adjacent to curbs, gutters, inlets, manholes,
orother obstructions. Do not damage appurtenances or underlying pavement. Provide
SUPPLEMENTAL GENERAL CONDITIONS
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:
asset forth 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 , inc!
Page to ,incl.
Page to ,incl.
Page to ,incl.
Page to ,incl.
Page to ,incl.
Page to ,incl.
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 _
(Pageof Specifications) $
c. For (Page
of Specifications) $
d. For _
{Page_of Specifications) $
e. For (Pageof Specifications) $
f.
For _
(Pageof Specifications) $_____
t-2
APPENDIX "A"
FORM FOR REQUEST FOR TIME EXTENSION
REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES
CITY OF PORT ARTHUR
DATE: ,FOR MONTH OF: _ , 20
CITY OF PORT ARTHUR, TEXAS
PUBLIC WORKS DEPARTMENT
P.O. BOX 1089
PORT ARTHUR, TEXAS 77640-1089
ATTENTION: John A. Comeaux, P.E.
Director of Public Works
Gentlemen:
We request extension of completion time on our Contract due to the days of work lost
as specified (list dates actually lost: do not include days not normally worked such as
Saturdays, Sundays, or holidays):
1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16 17 18 19 20 21 22 23 24 25 26
27 28 29 30 31
Dates Lost: Days Lost (_~ / 5 x 7 = Calendar Days Requested
Reasons for Request:
Contractor
By:
Approved for extension of calendar days.
Disapproved.
Date: 20
Distribution by City
Original: Public Works Director
xc: Solid Waste Division
Engineer
Contractor
CITY OF PORT ARTHUR, TEXAS
BY:
City Manager
,.~
APPENDIX B
FORM FOR CHANGE ORDER
CHANGE ORDER NO.
Page of
DATE:
AGREEMENT DATE:
NAME OF PRODUCT:
CONTRACTOR:
The following changes are hereby made to the CONTRACT DOCUMEfJTS:
CHANGE TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE:$
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 Citj
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 8Y:
Mayor, City of Port Arthur
City Manager, City of Port Arthur
City Secretary
CITY SEAL
APPROVED AS TO FORM:
City Attorney
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:.
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EXHIBIT C
iCity of Port Arthur)
(law Department)
(Required -Form)
(718/88)
(10/5/89)
(3/15/90}
(p,2 Revised 9/18/90)
CERTlFlCATE OF STANDARD FORM CONTRACT. FOR LAW
DEPARTMENT REVIEW AND CITY COUNCIL AGENDA
,
I certify that the contract (hereinalter called 'said contract") affixed to the attached proposed City Council Resolution ,
No. is an exact duplicate of an applicable standard form contract (the title of which is shown below)
previously approved by the Law department and adopted as a standard form by City Council Resolution, except for the,'
blanks that have been tilled. in with all necessary information and except for the changes described below,
The Title of the applicable standard lorm contract is
(] Federally Funded Construction Contract, Revised 1/5/68, 7/89, 8/89
() Non-Federally Funded Construction Contract, Revised 7/5/88, 7189, 8/89
[ ] Federal -Professional Services -Engineering Conlrecl, Revised 1/5/88; 5/89 (§10) 7/89/(§8)
[ ] Non-Federal -Prolessional Services -Engineering Contract, Revised 1/5/88, 5/89(§10), 7/89(§8), 4191 -
[ ] CDBG -Professional Services -Engineering Contract,-Revised 1/5/88, 5/89 (§10), 7/89(§8)
(j Federal -Professional Services - Non•Engineering (Consultant) Contract, Revised 1/5/86,5/89(§10), 7/89(§8).
[) Non•Federal -Professional Services -Non-Engineering (Consultant) Conlrecl, Revised 1/5/88, 5/89(§10),
7l~9 (§8).
[ ] CDBG -Prolessional services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10), 7/89{§e).
(] Other Standard Form Contract, described as follows:
The changes are as follows: (Put an "X' in the appropriate (])
[ ] None.
[) The following described provisions al the indicated page, section, etc. of the standard lorm have been deleted
from said contract:
DELETIONS
Page Number Section or Paragraph No. Subsection or
Where and Ceplion Subparagraph No.
Deleted Provision Which and Caption
Is Contains Provision Which Contains Provision Description of
Found On Standard Form Deleted From Form Deleted From Form Provision Deleted
(p.Z Revised B/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, .
modified, ieplaced or otherwise changed:
°:~
ALTERATIONS, MODIFJCATIONS, REPLACEMENTS, ETC..,
Page No.
Where
Provision Found
on
Standard Form
§ or ¶ No. & Caption
of .
Standard- Form
which
Contains Provision
Sub § or Sub ¶ No.
& Caption
ai
Standard Form
which
Contains Provision
Page § & caption
•• , sub § & capttori, etc.
of Bald contract
bescription which contains
of altered, etc.
Provision provision; &
In Description of
Standard Form Nteratlon etc:
].The following provisions have been added to Said Contract:
Page, Section and Caption
Subsection-and Caption, etc, of Said Contract Which
Contains the Added Provision and Descr/ption Thereof
~'I further certify that said attached proposed City Council Resolution contains the toilowing provision:
"That said contract Is an exact duplicate of a Cily Standard Form Contract except for the changes described in the
Certificate of Standard. Form Contract, a copy of which Is attached hereto as Exhibit°f3"-and is hereby incorporated by
reference, end said changes are hereby approved' ;
I understand ll~et this certificate will be relied on by the Law Department in reviewing and approving (or rejecting)
as to Corm and by the City Council in reviewing and adopting (or rejecting) said Resolution.and Contract.-
Signed this day of
~'AO
Department Head or