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Home My WebLink AboutPR 15335: HOT-MIX ASPHALTIC CONCRETE PLACEMENTCITY OF PORT ARTHUR Public Works Department Council Action Memo TO: Stephen B. Fitzgibbons, City Manager FROM: Ross E. Blackketter, P.E., Director of Public Works SUBJECT: P.R. #15335 -Hot-Mix Asphaltic Concrete Placement DATE: 23 June 2009 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15335, awarding a bid and authorizing the execution of a One (1) Year Contract for placement of Hot-Mix Asphaltic Concrete to C.M.M. Construction, Inc. of Beaumont, Texas. This contract will be awarded on a UNIT COST BASIS as listed below and will be utilized for various City and CDBG funded street projects. BACKGROUND: This is an annual contract for the placement of HMAC surface material. This process has been utilized by the Public Works Department for the past seventeen (17) years. The City will pay for all materials associated with the process, with the contractor's sole responsibility being to furnish labor and equipment for the placement of the materials and to place the materials. This process will allow for a more standard and quality product. Bids were advertised in the Port Arthur News on 24 May and 31 May 2009. Two (2) bids were received and opened on 10 June 2009, with C.M.M. Construction found to be the lowest, most responsible bidder as follows: C.M.M. Construction, Inc., Beaumont, Texas NO. ITEM UNIT 2008 Prices 2009 Prices Difference 1. Placement 1~/~" HMAC 0-1200 SY SY $2.35 $2.35 0% 2. Placement 1~/z" HMAC 1201-3600 SY SY $2.35 $2.35 0% 3. Placement 1~/2" HMAC 3601-Up SY SY $1.05 $1.05 0% 4. Level Up 0-1200 SY SY $2.35 $2.35 0% 5. Level Up 1201-3600 SY SY $2.35 $2.35 0% 6. Level Up 3601-Up SY SY $1.05 $1.05 0% 7. Turn Outs SY $2.75 $2.75 0% NO. ITEM UNIT 2008 Prices 2009 Prices Difference 8. Equipment & Personnel 8a. Self-leveling lay-down paver and operator TON N/A $0.80 N/A 8b. Steel wheel roller and operator TON N/A $0.78 N/A 8c. Asphalt distributor and operator GAL N/A $0.40 N/A 8d. Pneumatic tire roller and operator TON N/A $0.37 N/A This contractor has received this contract sixteen (16) of the last seventeen (17) years. BUDGETARY/FISCAL EFFECT: Funds are provided in the Street Division Budget, Account No.001-1203-531.36/51/86 and in the CDBG street project accounts. 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. 15335, authorizing a One (1) Year Contract for placement ofHot-Mix Asphaltic Concrete to C.M.M. Construction, Inc., on a UNIT COST BASIS. The prices bid for the HMAC work are reflective of the costs for this service and for the quantities shown. C. M. M. Construction, Inc. submitted the lowest and most responsive bid. (.~ Ross E. Blackketter, P.E. Director of Public Works REB/reb Z:lengineerlDocumentslHMAC1CAM-09.doc P.R. No. 15335 06/23/09 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 C.M.M. CONSTRUCTION, INC. OF BEAUMONT, TEXAS FOR PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE ON A UNIT COST BASIS FOR VARIOUS CITY FUNDED AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED STREET PRO]ECTS; PROPOSED FUNDING: STREET DIVISION ACCOUNT 001-1203-531.36/51/86 AND CDBG STREET PRO]ECT ACCOUNTS. WHEREAS, periodically the City requires the services of a contractor to place hot-mix asphaltic concrete for various projects; and, WHEREAS, the City advertised in the Port Arthur News on May 24, 2009 and on May 31, 2009 for said services; and, WHEREAS, two (2) bids were received and opened on June 10, 2009 for the above referenced Contract and has been evaluated by the Public Works staff and Purchasing Manager; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby awards the bid for a one (1) year contract for placement of Hot-Mix Asphaltic Concrete to the lowest responsible bidder to wit: C.M.M. Construction Company of Beaumont, 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 be and they are hereby authorized and directed to execute on behalf of the City, a Contract between the City of Port Arthur and C.M.M. Construction, Inc. for a one (1) year Contract for P.R. No. 15335 Page 2 placement of Hot-Mix Asphaltic Concrete on various streets in the City of Port Arthur, Texas; and, THAT the contract is awarded on a UNIT COST BASIS, as shown on 6chibit "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 F~chibit "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, C.M.M. Construction, Inc. of Beaumont, Texas shall sign this resolution agreeing to the terms thereof; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of A.D. 2009 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: P.R. No. 15335 Page 3 Councilmembers: Mayor Attest: City Secretary APPROVED AS TO FORM: APPROVED AS TO AVAILABILITY OF FUNDS: City Attorney Deborah Echols, CPA Director of Finance APPROVED FOR ADMINISTRATION: Stephen B. Fitrgibbons City Manager ~ ~ ~~ Ross E. Blackketter, P.E. Director of Public Works AGREED TO: ~~~ /lam 1 Shawna Tubbs C.M.M. Construction, Inc. Purchasing Manager Z: \engineer\doamenis\H MAC\PR15335.doc s EXHIBIT A CITY OF PORT ARTHUR TEXAS Bid Tabulation Placement of Hot-Mix Asphaltic Concrete Bid O enin Date• June 10 2009 Names of Bidders Item # UOM Descri tion Norman Hi hwa Constructors Inc. CMM Construction Co. Inc. 1 SY Placement 1 %z" HMAC 0-1200 $5.00 $2.35 2 SY Placement 1 %:" HMAC 1201-3600 $3.00 $2.35 ; 3 SY Placement 1 %z" HMAC 3601-UP $2.50 $1.05 4 SY Placement Level U 0-1200 $5.00 $2.35 5 SY Placement Level U 1201-3600 $5.00 $2.35 6 SY Placement Level U 3601-UP $3.00 $1.05 7 SY TumOuts $10.00 $2,75 8 SY E ui ment & Personnel 8a Ton Self levelin la -down aver and o erator No Bid .80 Ton 86 Ton Steel wheel roller suitable for HMAC avin No Bid .78 Ton 8c Gal As halt distributor and o erator No Bid .40 Gal 8d Ton Pneumatic fire roller and o erator No Bid .37 Ton Location Oran e, TX Beaumont, TX Pu'rc/h~asin//g Manager /°//x/09 Date Page 1 of 2 EXHIBIT B CONTRACT FOR PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE THIS AGREEMENT, made this 30"' day of June 2009' by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and C. M. M. Construction, Inc. a(n) corporation herein acting Individual, firm, partnership, or corporation by and through Anthony ]. Ceaser hereinafter called "CONTRACTOR". WITNESSETH: That, for and in consideration of, the payment terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from June 30, 2009 to June 30. 2010. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the Specifications and contract documents and comply with the terms therein for unit prices as stated below: HOT-MIX ASPHALTIC CONCRETE PAVEMENT 1 ~/z"HMAC 0-1,200 SY 1 ~/z" HMAC 1,201-3,600 SY 1 ~/z"HMAC 3,601-Up SY Level-Up 0-1,200 SY Level-Up 1,201-3,600 SY Level-Up 3,601-Up SY Turn Outs Self-leveling paver Steel wheel roller Asphalt Distributor Pneumatic tire roller $2.35/SY $2.35/SY $1.05/SY $2.35/SY $2.35/SY $1.05/SY $2.75/SY $0.80/Ton $0.78/Ton $0.40/Gal $0.37/Ton 4. The term "Contract Documents" means and included the following: (A) Agreement (B) Advertisement for Bids (C) General Information (D) Specifications Z:\engineer\Documents\HMAC\HMAC Contract-09.doc (E) Bid (F) Bidder's Information Sheet 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, the Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER BY: City Manager Stephen B. Fitzgibbons Printed Name BY: Z:\engineer\Documents\HMAC\HMAC Contract-09.doc CONTRACTOR Printed Name 2 DELORIS °BOBBIE^ PRINCE, MAYOR ELIZABETH ^LIZ^ SEGLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WILLIAMSON D. KAY WISE THOMAS J. HENDERSON May 21, 2009 Vendors: Clty Of >•t Texas INVITATION TO BID STEPHEN FITZCIBBONS CITY MANAGER TERRI HANKS 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 in DUPLICATE. Sealed BIDS shall be received no later than 3:00 D.m. on June 10.2009 at the Citv Secretary's Office and all bids received will thereafter be opened and read aloud at 3:15 D.m. on June 10. 2009 in the Citv Council Chambers 5th Floor City Hall, Port Arthur, Texas for the following: PLACEMENT OF HOT-MLY ASPHALTIC CONCRETE 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: HOT-MIX Sealed Bids shall be submitted: CITY OF PORT ARTHUR CITY SECRETARY P. O. BOX 1089 PORT ARTHUR, TX 77641-1089 CITY OF PORT ARTHUR CITY SECRETARY 444 4TH STREET PORT ARTHUR, TX 77640 ALL BIDS MUST BE RECEIVED IN THE OFFICE OF THE CITY SECRETARY BEFORE OPENING DATE AND TIME. Page 1 of 61 Bids received after the closing time specified will be returned to the bidder unopened. Award will be made as soon as practicable after opening. To obtain results, you may visit ow website www.oortarthur.net The City of Port Arthw 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 Arthw. Sin Shawna Tubbs Pwchasing Manager Questions concerning the Invitation to Bid should be directed to: Shawna Tubbs Purchasing Manager 444 4`° Street Port Arthur, TX 77641 (409) 983-8160 Questions concerning the Technical Specifications should be directed to: Ross Blackketter D~reMor of Public Works 444 4`h Street Port Arthur, TX 77641 (409) 983-8180 Page 2 of 61 CITY OF PORT ARTHUR GENERAL INFORMATION• NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient information to prepaze SEALED BIDS IN DUPLICATE for furnishing: PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P.O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:OOp.m. June 10 2009 Bids received after the closing time specified will be returned to the bidder unopened and claims of mail delays will not constitute an exception. Bid proposal MUST BE SIGNED BY BIDDER. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. Bids cannot be altered or amended after submission deadline. Any interlineations, 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 awazd if it deems such action to be in its best interest. 2. Awazd bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Awazd bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price. The awazd shall be made to the responsible vendor (s) whose bid is determined to be lowest offer, taking into consideration the relative importance of price, conformance to specifications and capability and experience of the contractor. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and "Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. Page 3 of 61 CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not 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. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record ofperformance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an awazd. 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 awazd a contract to a company that is in arreazs in its obligations to the City. 7. No payments shall 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 TI'B and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. Addenda will be mailed to all who aze known to have received a copy of the ITB. Offeror's shall acknowledge receipt of all addenda. . vwa .-gran VA NJ 11A PRINCIPAL PLACE OF BUSINESS: The official business address (office location and office personnel) shall be a Port Arthur address, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. 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 shall be mailed directly to the City of Port Arthur, Attn.: Public Works., P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. Page 4 of 61 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 shal] comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY• No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CTTY• The City of Port Arthur Code of Ordinances prohrbrts the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts aze paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. CONTRACT: The following will comprise the contract between the City and the successful bidder: 1. Agreement 2. Advertisement for Bids 3. Addenda 4. General Information 5. Specifications 6. Bid 7. Notice of Awazd 8. Notice to Proceed QUANTITIES: Quantities shown aze estimated, based on projected use. It is specifically understood and agreed that these quantities aze approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. AL bids wilt remain in effect for one year. SHIPPING INFORMATION• All bids are to be F.O.B., City of Port Arthur, Port Arthur, Texas 77640 ..~~,va~r vace~uyl~ yr recvv-~tu1yS xr; -UIRED BY LAW Each provision and clause requrred by law to be mserted 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 party. CONTRACTOR'S OBLIGATIONS• The Contractor shall and will, in good workmanlike manner, perform all work and famish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise express]y specified, necessary or proper to perform and Page 5 of 61 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 concerning any point shall be regazded as meaning that only the best commercial practices aze to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more 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 wil! 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 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. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a ttmely and proper manner his obligations 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. TERMINATION FOR CONVENIENCE: The City may terminate this wntract at any time giving at least thirty (30) days notice in writing 20 the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous pazagraph hereof relative to termination shall apply. EXPERIENCE & CAPABILITY: Bidder shall include the following information to describe the experience and capability factors of the company: 1. Number of years in operation. 2. Largest project currently in effect with a business. 3. Number of employees currently employed, their job titles, and their job descriptions. 4. Equipment currently owned or leased by your company. 5. Be otherwise qualified and eligible to receive an award. 6. Other companies that you contracted with 7. If a company wants to receive the award for more than one group, the company must show that it has the equipment and employees to handle more than one group. Page 6 of 61 RELEASES AND RECEIPTS• The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SiIItrCONTRACTS: The Contractor shall not execute an ageement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (]0) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR If Notice CELL PHONE OR PAGER• The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 7 of 61 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of , 2009 , by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and a{n) herein acting by and individual, firm, partnership or corporation through ,hereinafter called "CONTRACTOR." WIT'NESSETH: 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 each project selected by the City for aone-year contract for PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE. 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 finnish 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. OWNER to famish 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 wmplete the same within the consecutive calendaz 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 oer unit denendine on the cateeories 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. Specifications E. BID F. Notice of Awazd G. Notice to Proceed H. Change Order I. Drawings prepazed by dated J. Addenda numbered through 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. Page 8 of 61 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies) each of which shall be deemed an original on the date first above written. APPROVED IN FORM: OWNER: CITY ATTORNEY BY: NAME: TITLE: CITY MANAGER (SEAL) ATTEST: NAME TTfLE: CITY SECRETARY CONTRACTOR: BY NAME: ADDRESS: (CORPORATE SEAL) ATTEST: NAME: Page 9 of 61 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 aze 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 calendaz day, or portion thereof, if such laborer, workman or mechanic is paid less than the said stipulated rates for any work done under this Contract. The Davis-Bacon Act is applicable to this Contract, and the prevailing wage rates established pursuant to said Act aze made a part of this Contract. A copy of such current wage schedule shall be included in the Contract Documents and any applicable change in such wage schedule shall be famished and Equal Employment Opportunity requirements must be met. CONTRACTORS 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. I I), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non-consumable materials and equipment to qualify for resale to the City and be exempt from sales tax, the contract and bids must comply with the following requirements. The bid and contract must separately identify (1) the chazges for non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill, labor and wnsumable materials, tools and equipment that are permanently incorporated into the project. Bidders are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the separated contract procedure. The City will issue to the CONTRACTOR a specific exemption certificate for this Contract in order that he does not have to pay taxes on qualifying materials, equipment, or other tangible personal property purchased for and permanently incorporated into City realty in perfomung 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 wpy of the certificate issued to him by the Ciry. Lump-sum contracts, in which the above referenced chazges are not sepazated, 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 justification for any delay in the time for completion only under certain conditions. Page 10 of 61 INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise pemutted 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 dollaz amount[or specific formula for determining a specific dollaz amount] aggregate policy yeaz limit is expressly provided in the specification below which covers the particulaz insurance policy or certificate of insurance). 1. Standazd Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, its officers, agents & employees). (City and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). 2. 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 or $1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, e. Minimum aggregate policy yeaz limit of $2,000,000 for contracts in excess of $100,000. 3. Comprehensive Automobile Liability (Including owned, non-owned and hired vehicles coverage): a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits aze $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Page 11 of 61 4. Contractual Liability Insurance covering the indenmity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required (including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverage afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE{s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) asthe Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be fiunished to OWNER. Provided, however, until the Original Policy is issued and famished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is fiuther 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, aze received by the OWNER. TIME OF COMPLETION: Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendaz days, including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays. SUBSTTI'UTIONS: Where materials or equipment aze specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 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. Page 12 of 61 EQUAL OPPORTUNITY: Bidder agees 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. MATERIAL SUPPLIERS AND SUBCONTRACTORS: Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 'NOTE: The City shall furnish, at no cost to CONTRACTOR, all materials for the application of Hot-Mix Asphaltic Concrete to be done under this contract. Paget 3 of 61 HOT MIX ASPHALTIC CONCRETE PAVEMENT PLACEMENT SCOPE: This item shat] consist of a base course, aleveling-up course, a surface course of any combination of these courses, as shown on plans, or as directed by Engineer, with each to be composed of a compacted mixtwe of mineral aggregate and asphaltic material. CONSTRUCTION METHODS: GENERAL: It shall be the responsibility of the Contractor to place and compact the specified paving mixtwe in accordance with these specifications and as approved by the Engineer. The asphaltic mixtwe, when placed with a spreading and finishing machine, or the tack coat shall not be placed when the air temperatwe is below 50 degees Fahrenheit and is falling, but it may be placed when the air temperatwe is 50 degrees Fahrenheit and rising. Temperatwes shall be taken in the shade away from artificial heat. Mat thicknesses of 1'/z inches and less shall not be placed when the temperatwe of the surface on which the mat is to be placed is below 50 degrees Fahrenheit. No mixture with light-weight course aggegate shall be placed when the temperatwe of the surface on which the mat is to be placed is below 50 degrees Fahrenheit. It is further provided that the tack coat or asphaltic mixtwe shall be placed only when the humidity, general weather conditions and temperatwe and moistwe condition of the base, in the opinion of the Engineer, are suitable. If tonnage of hot-mix asphaltic specified is overrun by contractor, contractor will pay for the additional hot-mix used. The only exception to this is if a change order is executed prior to using any additional hot-mix. If, after exception, after being dischazged from the mixer and prior to placing, the temperature of the asphaltic mixture is 50 degrees Fahrenheit or more below the temperatwe established by the Engineer, all or any part of the load may be rejected and payment will not be made for the rejected material. PRIMER COAT: If a coat is required, it shall be applied and paid for as a separate item conforming to the requirements of the Item, "Prime Coat". The tack coat or asphaltic concrete shall not be applied on previously primed flexible base until the primed base has cured to the satisfaction of the Engineer. Prime material shall be supplied by the City. TACK COAT: Before the asphaltic mixtwe is laid, the surface upon which the tack coat is to be placed shall be cleaned thoroughly to the satisfaction of the Engineer. The surface shall be given a uniform application of tack coat using asphaltic materials of this specification. This tack coat shall be applied, as directed by the Engineer, with an approved sprayer at a rate not to exceed 0.05 gallons per square Yazd of surface. Where the mixtwe will adhere to the surface on which it is to be placed without the use of a tack coat, the tack coat may be eliminated by the Engineer. All wntact surfaces of combs and structwes and all joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for tack coat. The tack coat shall be rolled with a pneumatic tire roller when directed by the Engineer. Tack material will be supplied by the City. Page 14 of 61 TRANSPORTING ASPHALTIC CONCRETE: The asphaltic mixture, prepared as specified above, shall be hauled to the work site in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material delivered may be placed, and all rolling shall be completed during daylight hours. In cool weather or for long hauls, canvas covers and insulating of the truck bodies may be required. The inside of the truck body may be given a light coating of oil, lime slurry or other material satisfactory to the Engineer, if necessary, to prevent mixture from adhering to the body. Asphaltic concrete material shall be provided and hauled by the Citv PLACING: The asphaltic mixture shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine, in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will meet the requirements of the typical cross sections and the surface tests. During the application of asphaltic material, care should be taken to prevent splattering of adjacent pavement, curb and gutter and structures. In placing alevel-up course with the spreading and finishing machine, line and grade shall be established by the Engineer. Adjacent to flush curbs, gutters, liners, and structures, the surface shall be finished uniformly high so that when compacted it will be slightly above the edge of the curb and flush structure. COMPACTING: The pavement shall be compacted thoroughly and uniformly with the necessary rollers to obtain the density, stability and cross section of the finished paving mixture meeting the requirement of the plans and specifications and the approval of the Engineer. When rolling with the three wheel, tandem, or vibratory rollers, rolling shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at least half of the width of the rear wheels unless otherwise directed by the Engineer. Alternate trips of roller shall be slightly different in length. On super-elevated curves, rolling shall begin at the low side and progress towazd the high side unless otherwise directed by the Engineer. When rolling with vibratory steel wheel rollers, the manufacturer's recommendation shall be followed unless directed otherwise by the Engineer. Rolling with pneumatic-tire roller shall be done as drrected by the Engineer. Rolling shall be continued until no fiuther density can be obtained and all roller marks are eliminated. The motion of the roller shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the use of rakes and fresh mixture where required. The roller shall not be allowed to stand on pavement which has not been fully compacted. To prevent adhesion of the surface mixture to the roller, the wheels shall be kept thoroughly moistened with water, but an excess of water will not be permitted. All rollers must be in good mechanical condition. Necessary precautions shall be taken to prevent the dropping of gasoline, oil, grease or other foreign matter on the pavement, either when the rollers aze in operation or when standing. EQUIPMENT: The spreading and finishing machine shall be of a type approved by the Engineer, with preference given to a machine with "self-leveling" features per TxDOT Item 340.04 (4) (a), shall be capable of producing a surface that will meet the requirements of the typical cross section and the surface test, when required, and when the mixture if dumped directly into the finishing machine shall have adequate power to propel the delivery vehicles in a satisfactory manner. The finishing machine shall be equipped with a flexible spring and/or Page 15 of 81 hydraulic type hitch sufficient in design and capacity to maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. Machine shall be able to make 2 passes on the City's standard curb/gutter strcet. Machine shall have ability to remove imperfections in the surface to provide an improved finish grade. It shall be the responsibility of the Contractor to have rolling equipment available on the job to properly compact the paving mixture in place as required without delay to the lay down operation. Rollers provided shall meet the qualifications for their type as follows: Pneumatic Tire Roller: This roller shall be an acceptable medium pneumatic fire rollers conforming to the requirements of the item, "Rolling Pneumatic Tire", Type B, unless otherwise specified on plans. Two Axle Tandem Roller: This roller shall be an acceptable power driven tandem roller weighing not less than 8 tons. Three Wheel Roller: This roller shall be an acceptable power drive three wheel roller weighing not less than l0 tons. Three Axle Tandem Roller: This roller shall be an acceptable power drive three axle roller weighing not less than 10 tons. Vibratory Steel-Wheel Roller: This roller shall have a minimum weight of 6 tons. The compactor shall be equipped with amplitude and frequency wntrols and shall be specifically designed to compact the material on which it is used. It shall be operated in accordance with the manufacturer's recommendations or as directed by the Engineer. Strainhtedees and Templates: When directed by the Engineer, the Contractor shall provide acceptable ] 0-foot straightedges for surface testing. Satisfactory templates shall be provided as required by the Engineer. Alternate Equipment: When permitted by the Engineer in writing, equipment other than that specified which will consistently produce satisfactory results may be used. Inspection: It will be the Contractor's responsibility to provide safe and accurate means to enable inspection forces to take all required samples, and to provide permanent means for checking the output of any specified metering device and to perform these calibration checks as required by the Engineer. Responsibilities of the City aze as follows: • Will famish all materials used on the project (IIMAC, tack, prime, utility rings, etc.). • Will supply flagmen and traffic control devices. • Will haul and/or have hauled all HMAC material to job sites. • Will set the limits of and depth requirements for all projects. • Will provide general direction of the work, such as determining when and where projects aze done, sequencing of the work and other control of the projects. Page 16 of 61 Responsibilities of the Contractor are as follows: • Shall provide all set-up on the project on limits and depths have been provided. • Shall provide the following equipment and manpower as laid out in their specifications. • Shall provide crew supervisor(s) for direction of crew, contact, and inspection of project. • Equipment with operators: a. Shall provide a ton lay-down paver in good working order with operators. Is paver of the "self-leveling" type? b. Shall provide a ton steel wheel roller in good working order, suitable for HMAC paving, with operator. c. Shall provide a gallon asphalt distributor in good working order with operator. d. Shall provide a ton pneumatic fire roller in good working order with an operator. • Shall provide two (2) qualified asphalt rakers with all tools associated with this type of work to produce smooth joints and good edge lines. • Shall be responsible for all maintenance fuel, and repairs for all such equipment. • Insurance for general liability and automotive liability shall be carried by Contractor during the term of the contract. Response: Contractor shall begin work within three (3) working days after the date of notification that his services are required, unless a delay is granted because of the weather or other factors that would prevent the work from taking place. Proiect: Contractor will be fiunished a list of proposed projects at the time of his selection. All square yazd calculations of product shall be made at the completion of each project, and payment shall be made at the completion of each project. Projects will be done singly or in groups throughout the term of the contract. Minimum placement ordered would be generally 1,200 squaze yards, more or less. Basis of Pavment: Payment for the HMAC placement will be made at the contract unit price per squaze yazd and will include placing, grading, wmpacting, and finishing, labor tools, equipment, and incidentals necessary to complete the work. Warran Contractor shall warrant all workmanship and product for a period of one (1) yeaz after completion of individual projects authorized by the City. Page 17 of 61 CITY OF PORT ARTHUR BID PROPOSAL PAGE PAGE 1 OF 2 DATE: June 10.2009 Bid Proposal for PLACEMENT OF HOT-MIX ASPHALTIC CONCRETE The undersigned doing business in the CitylTown of ,submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID DATA No Description Unit Price Unit Placement 1 %z" HMAC 0-1200 SY SY 2. Placement 1 %z" HMAC $ SY 1201-3600 SY 3. Placement 1 %z" HMAC $ SY 3601- UP SY 4. Placement Level Up $ SY 0-1200 SY 5. Placement Level Up $ SY 1201-3600 SY 6. Placement Level Up $ SY 3601-UP SY 7. Tum Outs $ SY 8. Equipment & Personnel a. Self leveling lay-down paver and operator $ TON b. Steel wheel roller suitable for HMAC paving $ TON c. Asphalt distributor and operator $ GAL d. Pneumatic fire roller and operator $ TON Receipt of addenda is aclmowledged: No. 1 Dated Received Page 18 of 61 CITY OF PORT ARTHUR BID PROPOSAL PAGE PAGE 2 OF 2 COMPANY NAME SIGNATURE OF BIDDER (PRINT OR TYPE NAME) TITLE EMAIL STREET ADDRESS PO. BOX CITY STATE ZIP AREA CODE TELEPHONE NO. Page 19 of 61 BID OPENING DATE: June 10.2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY ADDRESS CITY/STATE/ZIP SEND PURCHASE ORDER TO: COMPANY ADDRESS CITY/STATE/ZIP TAX IDENTIFICATION NUMBER Page 20 of 61 AFFIDAVTf All pages in the offeror'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 agees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFEROR: TITLE ADDRESS CITY/STATE/ZIP TELEPHONE NUMBER SIGNATURE STATE COUNTY AND SWORN to before me by the above named on this the day of , 20, Notary Public PLEASE NOTARIZE AND RETURN THIS AFFIDAVTT AS PART OF THE BID PROPOSAL Page 21 of 61 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Govemarent Code by a person who has a business relationship as defined by Section 176.001 (1-a) with a local govemmental entity and the person meets requiremenu under Section 176.006 (a). Bylaw this questionnaire must be filed with the records administrator of the local govemmental entity not later than the 7's business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person Imowingly violates Section 176.006, Local Govemment Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. ^ Check this box it you are filing an update to a previously filed gnestionnaire. (The law requires that you file an updated completed questionnaire with the appropriate (ding authority not later than 7°' business day after the date the originally filed questionnaire becomes incomplete or inaccurate J 3. Name of local a government officer with whom Filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C, & D) must be wmpleted for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a), Local Govemment Code. Attach additional pages to this Form CIQ as necessary. A. Is the local govemment officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes ~ No B. Is the filer of the questionnaire receiving oz likely to receive taxable income, ader than investment income, from the filer of the questionnaire? Yes ~ No C. Is the filer of this questionnaire employed by a corporation or other ^ Yes ^ No D. Describe each a to eat or business relationshi with the local overnment officer named in this section. 4. Signature of erson doin business with the ovemmental end Date Page 22 of 61 BID DATE: June 10.2009 CITY OF PORT ARTHUR EXCEPTION/APPROVED EQUAL REQUEST (Please submit this form for each exception/approved equal) VENDOR: FAX: PROJECT: PAGE: OF PARAGRAPH: SUBJECT: Request: Signature FOR CITY OF PORT ARTHUR USE ONLY Approved: Disapproved: Clarification: Remarks Signature (City of Port Arthur Representative) Page 23 of 61 PERSONNEL: The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written Contract or ageement 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 fiunish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 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. These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for three (3) years after the expiration of this Contract unless permission to destroy them is granted by the CITY. FINDINGS CONFIDENTIAL- All of the assembled by the CONTRACTOR under this agrees that they shall not be made available to written approval of the CITY. reports, information, data, etc., prepazed or Contract are confidential and CONTRACTOR any individual or organization without the prior COPYRIGHT: No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for wpyright by or on behalf of the CONTRACTOR. COMPLIANCE WITH LAWS- The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guazd fences or other protective facilities. CERTIFICATES AND PERMTTS• Except for required pemuts issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and chazges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. Page 24 of 61 GUARANTEE OF WORK: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which aze 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. 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. The provisions of this pazagraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting there from 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. ---L===.,~.r.,, u.oiicu~,iivrr, atvu llE1AtL llRAWINGS: The CONTRACTOR will be famished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the ArchitecUEngineer will prepaze jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be famished by the ArehitecUEngineer 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. SHOP OR SETTING DRAWINGS• The CONTRACTOR shall submit promptly to the ArchitecUEngineer two copies of each shop or setting drawing prepazed in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the ArchitecUEngineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall fiunish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must famish additional copies. Regardless of corrections made in or approval given to such drawings by the ArchitecUEngineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the ArchitecVEngineer in writing of any deviations at the time he furnishes such drawings. Page 25 of 67 MATERLALS. SERVICES AND FACILTTIES• It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. Any work necessary to be performed after regulaz working hours, on Sundays or legal holidays, shall be performed without additional expense to the OWNER. CONTRACTOR'S TITLE TO MATERIALS• No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. INSPECTION AND TESTING OF MATERIALS• 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. Materials of construction, particulazly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. "OR EQUAL" CLAUSE• Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. PATENTS: The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. 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. 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/oc his Sureties shall indemnify and save hamiless the OWNER of the project from any and all Page 26 of 61 claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademazk or copyright in 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. SURVEYS: Unless otherwise expressly provided for in the Specifications, the OWNER will famish to the CONTRACTOR all surveys necessary for the execution of the work. CONTRACTOR'S OBLIGATIONS: The CONTRACTOR shall and will, in good workmanlike manner, do and perform aii work and famish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the ArchitecUEngineer asgiven from time to time during the progess of the work. He shall famish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. _-_ __.___~ ..,~. ~~,,,,1J1i,,,~~,~ rvirtl auc atoll WATER ACTS: (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00.) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et sea., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et sec., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CF~R Part I5, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTOR'S and Subcontractors shall furnish to the OWNER the following: • A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Act, as amended (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. • 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. Page 27 of 61 ' Agreement by the CONTRACTOR that he will include, or cause to be included, the criteria and requirements in pazagraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. ACCIDENT PREVENTION ~" ~""""/A anr~r Y STANDARDS AND USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structwes or property from blasting, the chazges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that maybe caused by such use. DANGER SIGNALS AND SAFETY DEVICES• The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or wanting 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 chazge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incuaed under these Specifications or Contract. SUSPENSION OF WORK: Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. ...~.,.,i.EU, ni~rvtcr~; r1cL~JP;i(yA'1'lUN ACT OF 1966• The CONTRACTOR agrees to contnbute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items aze 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. 9i5, 16 U.S.C. 470) and Executive Order No. 1 1593 of May 31, 1971). Page 28 of 61 REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be mserted in this 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 con-ection. _ __._ ~~...,.,....~.v~~N.~wi~~rvxcvtv5"!'RUCTION: In order to protect the lives and health of his employees under the Contract, the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standazds Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 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 wnsent of the CONTRACTOR except in the event, in the opinion of the ArchitecUEngineer, the CONTRACTOR is chazgeable with unwarranted delay in wmpleting the contract requirements; • Secures consent of the Surety; • Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during the remaining period of construction; or, • When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. USE OF PREMISES AND REMOVAL OF DEBRIS• • To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work. • 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 appeazance. • Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition. • To affect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. Page 29 of 61 4UANTITIES OF ESTIMATE• Wherever the estimated quantities of work to be done and materials to be furnished under this Contract aze shown in any of the documents including the Proposal, they aze given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. LAND AND RIGHT$_OF-WAY: Prior to the start of construction, the OWNER shall obtain all lands and rights-of--way necessary for the carrying out and completion of work to be Performed under this CONTRACT. _ __,,,,,,,,,,,,, ,,~ a.vi. i icHl=1 uu(;UMENTS: 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, Special Bonds (if any), Proposal, Special Conditions (including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. NOTICE AND SERVICE THEREOF• Any notice to any CONTRACTOR from the OWNER relattve to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. SEPARATE CONTRACT• The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. Cooperation will be required in the an•angement 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 CONTRACTORS and shall notify the ArchitecbEngineer immediately of lack of progress or 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. SUBCONTRACTING: The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of work which, under normal contracting practices, aze performed by specialty Subcontractors. The CONTRACTOR shall not awazd 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. Page 30 of 61 The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subwntractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions ofpersons directly employed by him. 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 insofaz as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regazds ternunating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. ARCHTfECT/ENGINEERS AUTHORITY: The ArchitecUEngineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The ArchitectBngineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which aze to be paid for under this Contract and shall decide all questions which may azise in relation to said work and the construction thereof. The ArchitecUEngineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. in case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the ArchitecUEngineer 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. MEANING OF INTENT• The Architect/Engineer shall decide the meaning and intent of any portion of the Specificafions and of any Plans or drawings where the same maybe found obscure or be in dispute. Any differences or wnflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shal] be adjusted and determined by the ArchitecUEngineer. ASSIGNMENTS: The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall wntain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to 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. MUTUAL RESPONSIBILITY OF CONTRACTOR'S: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or azbitration 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. Page 31 of 61 r~~,~.r.r i.~i1~4E yr rlryaL rarmrtv~l~ C:UIVSTITUTES RELEASE• The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or famished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. PAYMENTS BY CONTRACTOR: The CONTRACTOR shall pay (a) for all transportation and utility services no later than the 20th day of the calendaz month following that in which services aze 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 calendaz month following that in which such materials, tools and equipment aze delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c) to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 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 satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also fiunish on forms to be supplied by the OWNER (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for detemrining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. PAYMENTS TO CONTRACTOR: The OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendaz month under this Contract, not later than the twentieth (20) day of each calendaz month, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds $25,000) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material delivered on the site and prepazatory work done may be taken into consideration. Page 32 of 61 All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subwntractors, laborers, workmen, mechanics, material suppliers, and furnishers of machinery (and parts thereof), equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, famish satisfactory evidence that all obligations of the nature herein above 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 such lawful claims until satisfactory evidence is famished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the 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. CORRECTION OF WORK: All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the 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, as the case maybe, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect%Engineer, it is undesirable to replace any 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 judgment of the ArchitecUEngineer shall be equitable. SUBSURFACE CONDITIONS FOUND DIFFERENT: Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the ArehitecUEngineer 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 wst resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. Page 33 of 61 CLAIMS FOR EXTRA CO5T: No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the ArchitecbEngineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subpazagraph 52(c) of the General Conditions, the CONTRACTOR shall famish satisfactory bills, payrolls and vouchers covering all items of wst and when requested by the OWNER, give the OWNER access to accounts relating thereto. CHANGES IN WORK: No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: Unit bid prices previously approved. An agreed lump sum. The actual cost of: 1) Labor, including foreman; 2) Materials entering permanently into the work; 3) The ownership or rental cost of wnstruction plant and equipment during the time of use on the extra work; 4) Power and consumable supplies far the operation of power equipment; 5) Insurance; 6) Social Security and old age unemployment contributions. To the cost under "The actual cost" there will be added a fixed fee to be agreed upon but not to exceed fifteen percent (IS%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. EXTRAS: Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. .uic rvx a:vinri,>,rtuly AlYD Ll UIDATED 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 aze ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the wmpletion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Page 34 of 67 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 awazding 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 calendaz day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever, and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be chazged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: • Any preference, priority or allocation order duly issued by the government; • The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embazgoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR nofifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. • 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). • Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. It is also ageed that for each five (5) regulaz days of work lost due to any of the foregoing reasons, seven (7) calendaz days will be added to the contract time (or 1.4 calendaz days added for each one (1) regular day of work lost). Fractional calendaz days will be rounded to the nearest whole number of days. Provided, further, that the CONTRACTOR shall, within ten (10) days from the beginning of such delay, unless the OWNER shall grant a further period of time 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 CONTRACTOR within reasonable time of its decision in the matter. Page 35 of 61 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. R'EATHER CONDITIONS• In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the ArchitecUEngineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. --...-....i. yr vrvxn Ali Y1fUYEK'1'Y-EMERGENCY: The CONTRACTOR shall at all times safely guazd the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guazd and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such is caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property andlor safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the ArohitecUEngineer immediately thereafter. Any claim for wmpensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the 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. INSPECTION: The authorized representatives and agents of the OWNER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. SUPERINTENDENTS BY CONTRACTOR• At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR It is understood that such representative shall be acceptable to the ArchitectlEngineer and shall be one who can be continued in the capacity for the particulaz job involved unless he ceases to be on the CONTRACTOR'S payroll. 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 aze 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 Page 36 of 61 computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by reference), regazdless of any contractual relationship which may be al]eged to exist between the CONTRACTOR or any Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis Bacon Act on behalf of laborers or mechanics aze wnsidered 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 particulaz weekly period, are deemed to be constructively made or incurred during such weekly period. UNDERPAYMENTS OF WAGES OR SALARIES: In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as 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 OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wage detemlination. ANTICIPATED COSTS OF FRINGE BENEFTfS: If the CONTRACTOR does not make Payments to a trustee or other third person, he may consider, as part of the wages of any laborer or mechanic, the amount of any costs reasonable anticipated in providing Tinge benefits under a Plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the CONTRACTOR must be submitted to the OWNER with the first payroll filed by the CONTRACTOR subsequent to receipt of the findings. OVERTIME COMPENSATION REOUHtED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360• TTfLE 40 U S C SECTIONS 327 33Z 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 guazds, 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. Violation -Liability for Unpaid Wages Liquidated Damages: In the event of any violation of the clause set forth in paragraph (a), the CONTRACTOR and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. Tn addition, such Page 37 of 61 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 pazagraph (a), in the sum of Ten Dollars ($10.00) for each calendaz 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 pazagraph (a). Withholding for Liquidated Damages: The OWNER shall withhold or cause 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 Subcontractor for liquidated damages as provided in the clause set forth in P~graPh ro)• Subcontracts: The CONTRACTOR shall insert in any Subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts which they may enter into, together with a clause requiring this insertion in any further Subcontracts that may in turn be made. EMPLOYMENT OF APPRENTICES/TRAINEES: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they aze employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate and is not a trainee as defined in subdivision (b) of this subpazagaph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to fiunish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the azea 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. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they aze 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 specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate, and 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 Page 38 of 61 performed. The CONTRACTOR or Subcontractor will be required to famish the contracting officer or 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 and wage rates prescribed in that progam. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is provided. 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. EMYLUYMENI' ON' 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. wAC:E DETERMINATION DECISION: Unlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract maybe added aRer award only as provided in the labor standazds contract clauses (29 CFR, 5.5 (a) (1) (ii). 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. DEDUCTIONS: The applicable wage poster and the applicable wage determination decisions with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. cuMYLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES: No laborer or mechanic to whom the wage, salary or other labor standazds provisions of this Contract are applicable shall be dischazged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Page 39 of 61 •..LALYlA Ai\ll Lisru-r~~ Y~KTAINING TO WAGE RATES: Ciaims and disputes pertaimng to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretazy of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 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 Standazds 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 standazds provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. SUBCONTRACTOR: The CONTRACTOR and each Subcontractor shall prepaze his payrolls on forms satisfactory to and in accordance with instructions to be famished 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 espies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR and each Subwntractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the 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 1(b) (2) (B) of the Davis-Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and will maintain records which show the costs anticipated or the actual cost incurred in providing such benefits. The CONTRACTOR and Subcontractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the OWNER and the United States Department of Labor. Such representatives shall be permitted to interview employees of the CONTRACTOR or of any Subcontractors during working hours on the job. orr.a.ar aa. •.vvaxna..r; yr C:~x1~A1N '1'YYL~'S 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 Page 40 of 61 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 Were Federal Labor Standards Provisions are applicable. 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 States Department of Labor, or the Secretary of Housing and Urban Development to receive an award of such Subcontract. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS: The CONTRACTOR shall include or cause to be included in each subcontract covering any of We work covered by this Contract, provisions which aze consistent with these Federal Labor Standazds Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontracts which they may enter into, togeWer with a clause requiring such insertion in any further Subcontracts that may in tum be made. __ _v_W " i.,_„~a;,hyL, a.twlJK J1AIVUAKLJ YKVVISIONS: 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. EMPLOYMENT PRACTICES: The CONTRACTOR (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on We project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted We same provision in each wnstruction Subcontract. CONTRACT TERMINATION• DEBARMENT: A breach of Section 45 and the Federal Labor Standards Provisions maybe grounds for termination of the Contract and for debarment as provided in 29 CFR 5.6. KICKBACKS FROM PUBLIC WORKS EMPLOYEES: Whomever, by force, intimidation or threat of procuring dismissal from employment or by any older manner whatsoever, induces any person employed in the construction, prosecution, completion or repair of any public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under this Contract of employment, shall be fined not more Wan $5,000 or imprisoned not more Wan five (5) Years, or bold. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S and Subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision Wat each Contractor and Subcontractor shall Page 41 of 61 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. 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 aze found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The teen "this part", as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations follow in Section 79. LABOR-TITLE 29 CFR PART 3: This part prescribes "Anti-Kickback" regulations under Sectron 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), populazly known as the Copeland Act. This part applies to any Contract which is subject to federal wage standazds and which is for the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. This part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally-assisted construction that contain similaz minimum wage provisions, including those provisions which aze not subject to Reorganization Plan No. 14 (e.g. the College Housing Act of 1950, the Federal Water Pollution Control Act and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standazds 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 regazding 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. """.~"'• °.~ .~r.ru.illvr~D ~+~ u~EU 11V 1'1315 PART: The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing or materials or servicing and maintenance work. The terms include without limitation, buildings, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, 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 famishing 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 or furnishing or owns the materials from which they aze manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. The terms "construction", "prosecution", "completion" or "repair" mean all types of work done on a particulaz building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or famishing of materials; articles, supplies or equipment on the site of the building or work by persons employed at the site by the CONTRACTOR or Subwntractor. The terms "public building" or "public work" include building or work for whose construction, prosecution, completion or repair, as defined above, a federal agency is a contracting party, regazdless of whether title thereof is in a federal agency. Page 42 of 61 The term "building or work financed in whole or in paR by loans or grants from the United States" includes building or work for whose construction, prosecution completion or repair, as defined as above, payment or part payment is made directly or indirect]y 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. Every person paid by a CONTRACTOR or Subcontractor in any manner for his labor in the construction, prosecution, completion or repair of any public buildings, or public works or buildings or works financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. The tens "any affiliated person" includes a spouse, child, pazent or other close relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR or Subcontractor; a corporation closely connected with the CONTRACTOR or Subcontractor as pazent, subsidiary or otherwise, and an officer or agent of such corporation. The term "federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, adminisQative 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 instrumentalites. -----'- ~"""'•"-'•' .."° +c~~r~,i-i iv rnYn'iFiv'1' OF WAGES: 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 aze the immediate supervisors of such employees. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution, completion or repair of any public buildings, or public works, or buildings or works financed in whole or in part by loans or grants from the United States, shall famish 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 Subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance", or on identical form on the back of WH 347, "Payroll (for CONTRACTOR'S Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the government contracting or sponsoring agency and copies of these forms maybe purchased at the Government Printing Office. The requirements of this section shall not apply to any Contract for Two Thousand Dollars ($2,000) or less. 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. Page 43 of 61 ---~- ~--~~~ ~_• ..~nna.i rnYxvLL itLC012DS: Each weekly statement required under § 3.3 shall be delivered by the CONTRACTOR or Subwntractor, within seven (7) days after the regulaz payment date of the payroll period, to a representative of OWNER in chazge at the site of the building or work or, if there is no representative of OWNER at the site of the building or work, the statement shall be mailed by the CONTRACTOR or Subcontractor, within such time, to the OWNER. After such examination and check as may be made, such statement, 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. Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records fora 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. -- - ---- - • --- --- = uL ~~.~.~ a nn x yr LnsUx: Deductions made under the circumstances or in the situations described in the pazagraphs of this section may be made without application to and approval of the Secretary of Labor. Any deduction made in compliance with the requirements of federal, state or locai law, such as federal or state withholding inwme taxes and federal social security tax. Any deduction of sums previous]y 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. 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. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts or similaz payments for the benefit of employees, their families and dependents: Provided, however, that the following standazds are met: (1) the deduction is not otherwise prohibited by law; (2) it is either (i) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the wntinuation of employment, or (ii) provided for in a bona fide wllective bazgaining agreement between the CONTRACTOR or Subcontractor and representatives ofits employees; (3) no profit or other benefit is otherwise obtained directly or Page 44 of 61 indirectly, by the CONTRACTOR or Subwntractor 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. Any deduction contributing towazd the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. Any deduction requested by the employee to enable him to repay loans to, or to purchase shazes in credit unions organized and operated in accordance with federal and state credit union statutes. Any deduction voluntarily authorized by the employee for the making of contributions. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds and similaz charitable organizations. Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bazgaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees provides for such deductions and the deductions aze not otherwise prohibited by law. Any deduction not more than for the "reasonable cost" of boazd, lodging or other facilities meeting the requirements of Section 3(m) of the Fair Labor Standazds 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. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF TIIE SECRETARY OF LABOR: Any CONTRACTOR or Subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under §3.5. The Secretary may grant permission whenever he finds that: 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 wmmission, dividend or otherwise; ...~ 1lc.LVl..111JP1 iJ ~vvl urtitrxWlSl!; PROHIBITED BY LAW: 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 wndition 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; The deduction serves the convenience and interest of the employee. -~-.-.-....~..., r va a n~ nrrxv v AL ur 1 t1E J>v(:1(L~ "MARY OF LABOR: Any application for the making of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: The application shall be in writing and shall be addressed to the Secretary of Labor. Page 45 of 61 The application shall identify the Contract or Contracts under which the work in question is to be performed. Percussion will be given for deductions only on specific, identified Contracts, except upon a showing of exceptional circumstances. The application shall state affirmatively that there is compliance with the standazds set forth in the provisions of §3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. 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. The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions aze to be transmitted and the affiliation of such person, if any, with the applicant. The Secretary of Labor shall decide whether or not the requested deduction is provisions of §3.6 and shall notify the applicant in writing of his decision. PROHIBITED PAYROLL DEDUCTIONS: Deductions not elsewhere provided for by this part and which aze not found to be permissible under §3.6 are prohibited. METHODS OF PAYMENT OF WAGES: The payment of wages shall be by cash, negotiable instruments payable on demand or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. REGULATIONS PART OF CONTRACT: All Contracts made with respect to the construction, prosecution, completion or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the CONTRACTOR or Subcontractor to comply with such of the regulations in this part as may be applicable. In this regazd, see §5.5(a) of this subtitle. Executive Order 1 ] 246, as Amended (applicable to related subcontracts under Ten Thousand Dollars Contract, the CONTRACTOR agees as follows: Activities and Contracts Subject to -assisted construction contracts and ($10,000)): During the petfonnance of this 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 aze employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or temunation; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Page 46 of 67 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 wnsideration for employment without regazd to race, color, religion, sex or national origin. CONTRACTOR'S shall incorporate foregoing requirements in all Subcontracts. Contracts Subject to Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts exceeding Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants aze employed and that employees are treated during employment without regazd to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 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. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on beha]f of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regazd to race, color, religion, sex or national origin. The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective bazgaining 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. 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. The CONTRACTOR will famish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretazy 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. 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 fiuther 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 bylaw. Page 47 of 61 The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any Subcontract or purchase order as the Departrnent 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, litigaton with a Subcontract or vendor as a result of such direction by the Department, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (applicable to contracts/subcontracts exceeding Ten Thousand Dollazs ($10,000). The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standazd Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered azea, aze as follows: Timetable Goals for Minority Participation for Each Trade Goals for Female Participation in Each Trade These goals aze applicable to all the CONTRACTOR'S construction work {whether or not it is federal or federally assisted) performed in the covered area. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established for the geographical azea 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. The CONTRACTOR shall provide written notification to the Director of the Office of Federal "^*+tract Compliance Programs within ten (10) working days of award of any construction ct in excess of $10,000 at any tier for Construction work under the Contract resulting solicitation. The notification shall list the name, address and telephone number of the :actor; employer identification number; estimated dollar amount of the Subcontract; Page 48 of 81 estimated starting and completion dates of the Subcontract; and the geographical azea in which the Contract is to be performed. As used in this Notice, and in the Contract resulting from this solicitation, the "covered azea" is Port Arthur, Jefferson County, Texas. Standazd Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) As used in these Specifications: "Covered area" means the geographical area described in the solicitation from which this contract resulted; "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. "Minority" includes: Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regazdless of race); Asian and Pacific Islander (all persons having origins in any of the original peoples of the Faz East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American maintaining identifiable tribal affiliations through membership and participation or community identification). 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. If the CONTRACTOR is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan azea (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. CONTRACTOR'S must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each CONTRACTOR or Subcontractor pazticipating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other CONTRACTOR'S or Subcontractors towazd 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. Page 4g of 67 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 aze 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 CONTRACT'OR'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 for the geographical azea where the work is being performed. Goals aze published periodically in the Federal Register in notice form, and such notices maybe 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 towazd its goals in each craft during the period specified. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the CONTRACTOR has a collective bazgaining agreement to refer either minorities or women shall excuse the CONTRACTOR'S obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of ~P1oYrnent opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Departrnent of Labor. The CONTRACTOR shall take specific affirmative actions to ensure equal opportunity The evaluation of the CONTRACTOR'S compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION steps at least as extensive as the following: Ensure and maintain a working environment free of hazassment, intimidation and coercion at all sites and in all facilities at which the CONTRACTOR'S employees are assigned to work. The CONTRACTOR, where possible, will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foreman, superintendents and other on-site supervisory personnel aze awaze of and carry out the CONTRACTOR'S obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 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. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female 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 refeaal and was not referred back to the Page 50 of 61 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. Provide immediate written notifications to the Director when the union or unions with which the CONTRACTOR has a collective bazgaining 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. Develop on-the job training opportunities and/or participate in training programs for the azea which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR'S employment needs, especially those progams funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 7b above. 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 meefing its EEO obligations; by including it in any policy manual and collective bazgaining agreement; by publicizing it in the tympany newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at ]east once a yeaz; and by posting the company EEO policy on bulletin boazds accessible to all employees at each location where construction work is performed. Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, temunation or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. Disseminate the CONTRACTOR'S EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the CONTRACTOR'S EEO policy with other CONTRACTOR'S and Subcontractors with whom the CONTRACTOR does or anticipates doing business. Direct its recnritment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR'S recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the election process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide aRer school, summer and vacation employment to minority and female youth both on the site and in other azeas of a CONTRACTOR'S work force. Page 51 of 61 Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and enwurage these employees to seek or to prepaze for, through appropriate training, etc., such opportunities. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR'S obligations under the Specifications are being carried out. Ensure that all facilities and company activities aze non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 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. Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR'S EEO policies and affirmative action obligations. CONTRACTOR'S are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a though 7p). The efforts of a CONTRACTOR association, joint CONTRACTOR and union, CONTRACTOR and community or other similaz 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 aze 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 shalt not be a defense for the CONTRACTOR'S non-compliance. A single goal for minorities and a sepazate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affimtative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the CONTRACTOR has achieved its goals for women generally, the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is under utilized). The CONTRACTOR shall not use the goals and timetables or affirmative action standazds to discriminate against any person because of race, color, religion, sex or national origin. Page 52 of 61 The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from government Contracts pursuant to Executive Order 11246. 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 cazry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. The CONTRACTOR, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standazds prescribed in pazagaph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 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 the degree that existing records satisfy this requirement, CONTRACTOR'S shall not be required to maintain separate records. Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other azea residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). During the performance of this Contract, the agees as 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. The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract Documents". CONTRACTOR'S shall incorporate the Section 3 clause shown below and the foregoing requirements in all Subcontracts. Page 53 of 61 Section 3 clause as set forth in 24 CFR 135.20(b) The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project azea and Contracts for work in connection with the project be awazded to business concerns which aze located in, or owned in substantial part by persons residing in, the area of the project. 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 aze under no contractual or other disability which would prevent them from wmplying with these requirements. 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 of the notice in wnspiwous places available to employees and applicants for employment or training. The CONTRACTOR will include this Section 3 clause in every Subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any Subcontract unless the Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition 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 Subwntractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. CIVIL RIGHTS ACT OF 1964: Under Chapter 106 of the Civil Pracflce & 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. Page 54 of 61 1974: No person in the United States shall on the Bound of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 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, judgments, 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, judgment, cost or expense: 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 there from. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regazdless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the prepazation or approval of maps, drawings, reports, surveys, Change Orders, desigts or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the CITY. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the dischazge of the Contract. MAIN'T'ENANCE OF WORK: 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 bylaw or by any applicable special guazantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect vests 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 paragaph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guazantce of Work provision Page 55 of 61 in pazagraph 14 as will arise under the laws of the State of Texas and such paragraph 14 and without regazd to the provisions of this paragraph (Maintenance of Work), nor shall this pazagraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of pazagraph 14. ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- tn~st laws of the United States, 15 U.S.C.A. Sec. 1, et sea. (1973). FEDERAL LABOR STANDARDS PROVISIONS: These provisions aze on pp. F-47 thru F-49. 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) calendaz days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendaz days of delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way aze purported to support the damages, costs, expenses and impact of the claim event. The CONTRACT'OR'S failure to fully wmply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE GENERAL: Article 5159a of the Revised Civil Statues of Texas, passed by the 43rd 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 or type 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 CONTRACTOR shall forfeit, as a penalty, to the CITY, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after full investigation by the awazding body, the amount of this penalty in any payment that might be claimed by the CONTRACTOR responsible for the acts ofthe Subwntractor in 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. PLACEMENT OF HMAC SURFACE• The Contractor shall furnish all labor, supervision and equipment to complete the placement of HMAC surface on designated street projects in the City of Port Arthur, as well as all incidental items required to complete the work. The City shall provide all necessary materials for 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 yeaz from the date of award. Page 56 of 61 APPENDIX "A" FORM FOR REQUEST FOR TIME EXTENSION Page 57 of 81 REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: ,FOR MONTH OF: , 2009 CITY OF PORT ARTHUR, TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 PORT ARTHUR, TEXAS 77640-1089 ATTENTION: Ross E. Blackketter. P.E., City Engineer/Director ofPublic Works i 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 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Dates Lost: Days Lost ~~ / 5 x 7 = Calendaz Days Requested , Reasons for Request: Contractor By: Approved for extension of calendaz days. Disapproved. Date: . 20 CITY OF PORT ARTHUR, TEXAS BY: City Manager Page 58 of 61 APPENDD{ "B" FORM FOR CHANGE ORDER Page 59 of 61 CHANGE ORDER NO. Page 1 of 2 Date: Agreement Date: Name of Product: Owner: Contractor: The following changes are hereby made to the Contract Documents: Chance 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: $ Chance 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 calendaz days. The new Date of Completion of all work will be: Page 60 of 61 Page 2 of 2 Date: Change Order No: Name of Product: No other terms of conditions of the Contract aze changed as a result of this Change Order. Contractor's acceptance of this Change Order relieves the City of any liability for additional costs incurred by the Contractor in his performance of the work covered by the Change Order. Recommended By Engineer: Requested By: Signature Contractor, Office or Owner Attest for Contractor Corporate Seal Ordered By: City of Port Arthur, Texas Accepted By: City Manager, City of Port Arthur City Secretary City Seal Approved As To Form: City Attorney Page 61 of 61 CITY OF PORT ARTHUR BID PROPOSAL PAGE PAGE 1 OF 2 DATE: June 10.2009 Bid Proposal for PLACEMENT OF HOT-DAY ASPHALTIC CONC~ZETE The undersigned CMM CONSTRUCTION CO Intr. doing business in the City/Town of BEAUMONT, TEXAS herewi ~, submits th, in conformi with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID DATA No Unit Price Unit 1 • Placement 1 %z" HMAC $ 2.35 (Two Dollars Thirty-five Cents) 0-1200 SY SY 2. Placement 1 ''/z" HMAC $ 2.35 (Two Dollars Thirty-five Cents) SY 1201-3600 SY 3. Placement 1 %z" HMAC $ 1.05 (One Dollars Five Cents) Sy 3601 -UP SY 4. Placement Level Up $ T ~( wo Doll_n Tnir+; fi1~P rents) 0-1200 SY SY 5. Placement Level Up $ 2.35 (Two Dollars Thirty-five Cents) S 1201-3600 5Y Y 6. Placement Level Up $1.05 (One Dollars Five Cents) SY 3601-UP SY 7. Turn Outs 2.75 (Two Dollars Seventy-five Cents) $ SY 8. Equipment & Personnel a. Self leveling lay-down paver and operator $ 0.80 TON b. Steel wheel roller suitable for HMAC paving $ 0.78 TON c. Asphalt distributor and operator $ 0.40 GAL d. Pneumatic fire roller and operator $ 0.3 7 TON Receipt of addenda is acknowledged: No. 1 Dated Received Page 18 of 61 CMM CONSTRUCTION CO.,INC COMPANY NAME CITY OF PORT ARTHUR BID PROPOSAL PAGE PAGE 2 OF 2 2555 EAST LUCAS DRIVE 51 KEET ADDRESS PO BOX 12479 SI NATUR$iU IDDER~ PO. BOX ANTHONY J. CEASER BEAUMONT, TX 77728-2479 (PRINT OR TYPE NAME) CITY STATE ZIP PRESIDENT TITLE EMAIL 4~9-899-2360 AREA CODE TELEPHONE NO. Page 19 of 61 BID OPENING DATE: June 10.2009 CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REMIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: REMIT PAYMENT TO: COMPANY CMM CONSTRUCTION CO.,INC ADDRESS PO BOX 12479 CITY/STATE/ZIP B~UMONT, TX 77726-2479 SEND PURCHASE ORDER TO: COMPANY CMM CONSTRUCTION CO.,INC PO BOX 12479 ADDRESS BEAUMONT, TX 77726.2479 CITY/STATE/ZIP TAX IDENTIFICATION NUMBER 76-0107332 Page 20 of 61 AFFIDAVIT All pages in the offeror'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 foilowing: XX I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this ageement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFEROR: ANTHONY J. LEASER TITLE PRESIDENT ADDRESS PO BOX 12~I79 CITY/STATE/ZIP BEAUMONT, TEXAS 77726-2479 TELEPHONE NUMBER 409-899-2360 SIGNATURE STATE TFXA~ V COUNTY ,TF.FFFR S(~N SUBSCRIBED AND SWORN to before me by the above named ANTHONY EASER on thisthe~~ day of JUNE 20 09 ~a ~ ~~ ~ ~.~!{{"ga ORA 1. MAGEE ~"~ Notary Public. State of Texas Notary Pub >.c My Commission Expires ~' Sfjr~~ „~,,,, Auguet24 OTARIZEAND RETURN THIS AFFIDAVTT AS PART. OF THE BID PROPOSAL Page 21 of 61 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regulaz Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Secticn 176.001 (1-a} with a local governmental entity and the person meets requirements under Section 176.006 (a). Bylaw this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7"' business day after the date the person becomes awaze of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. ^ Check this box if you are filing an update to a previously filed gaestionnaire. ("I'he law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7"' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local a government officer with whom filer has employment or business relationship. N/A Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes ~ No B. Is the 51er of the questionnaire receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes © No C. Is the filer of this questionnaire employed by a corporation or other ^ Yes ~ No D. Describe each em to ant or business relationshi with the local government officer named in this section. 4. 06/05/09 Signature of rs doing business with the governmental entity Date Page 22 of 61 HOT MIX ASPHALTIC CONCRETE PAVEMENT PLACEMENT SCOPE: This item shall consist of a base course, a leveling-up eouTSe, a sur{ace course of any combination of these courses, as shown on plans, or as directed by Engineer, with each to be composed of a compacted mixture of mineral aggregate and asphaltic material. CONSTRUCTION METHODS: GENERAL: It shall be the responsibility of the Contractor to place and compact the specified paving mixture in accordance with these specifications and as approved by the Engineer. The asphaltic mixture, when placed with a spreading and finishing machine, or the tack coat shall not be placed when the air temperature is below 50 degrees Fahrenheit and is falling, but it may be placed when the air temperature is 50 degrees Fahrenheit and rising. Temperatures shall be takes in the shade away from artificial heat. Mat thicknesses of 1 %s inches and less shall sot be placed when the temperature of the surface an which the mat is to be placed is below 50 degrees Fahrenheit. No mixture with light-weight course aggregate shall be placed when the temperature of the surface on which the mat is to be placed is below 50 degrees Fahrenheit. It is fiuther provided that the tack coat or asphaltic mixture shall be placed only when the humidity, general weather conditions and temperature and moisture condition of the base, in the opinion of the Engineer, are suitable. If tonnage of hot-mix asphaltic specified is ovemui by contractor, contractor will pay for the additional hot-mix used. lire only exception to this is if a change order is executed prior to usiag any additional hot-mix. If, after exception, after being discharged firm the mixer and prior to placing the temperature of the asphaltic mixture is 50 degrees Fahrenheit or more below the temperature established by the Engineer, al! or any part of the load may be rejected and payment will not be made for the rejected material. PRIMER COAT: If a coat is required, it shall be applied and paid for as a separate item conforming to the requirements of the Item, "Prime Coat". The tack coat or asphaltic croncrete shall not be applied on previously primed flexible base until the primed base has cured to the satisfaction of the Engineer. Prime material shall be sapplied by the City. TACK COAT: Before the asphaltic mixture is laid, the surface upon which the tack coat is to be placed shall be cteaned thoroughly to the satisfaction of the Engineer. The surface shall be given a uniform application of tads coat using asphaltic materials of this specification. This tack coat shall be applied, es directed by the Engineer, with an approved sprayer at a rate not to exceed 0.05 gallons per square yard of surface. Where the mixture will adhere to the surface on which it is to be placed without the use of a tack coat, the facie coat maybe eliminated by the Engineer. All contact surfaces of curbs and structures and alt joints shall be painted with a thin uniform coat of the asphaltic material meeting the requirements for tack coat. The tack coat shall be rolled with a pneumatic fire roller when directed by the Engineer. Tack material will be supplied by the City. Page 74 of Bt 'i'RANSPORTTNG ASPHALTIC CO CRE'T'E: The asphaltic mixture, prepared as specified above, shaII be hauled to the work site in tight vehicles previously cleaned of all foreign material. The dispatching of the vehicles shall be arranged so that all material de&vered may be placed, and all rolling shall be completed during daylight hours. In cool weather or for long hauls, canvas covers and insulating of the track bodies may be required. The inside of the truck body maybe given a light coating of oil, lime starry or other material satisfactory to the Engineer, if necessary, to prevent mixture from adhering to the body. Asphaltic concrete material shall be provided and hauled by the Ci PLACING: The asphaltic mixture shall be dumped and spread on the approved prepared surface with the specified spreading and finishing machine, in such manner that when properly compacted the finished pavement will be smooth, of uniform density and will meet the requirements of the typical cross sections and the surface tests. During the application of asphalfic material, care should be taken to prevent splattering of adjacent pavement, curb and gutter and structures. In placing alevel-up course with the spreading and finishing machine, line and grade shall be established by the Engineer. Adjacent to flash curbs, gutters, lines, and structures, the surface shall be finished uniformly high so that when compacted it will be s6ght]y above the edge of the curb and flush structure. COMPACTING: The pavement shah be compacted thoroughly and uniformly with the necessary rollers to obtain the density, stability and cross section of the finished paving mixture meeting the requirement of the plans and specifications and the approval of the Engineer. When rolling with the three wheel, tandem, or vibratory rollers, rolling shall start longitudinally at the sides and proceed toward the center of the pavement, overlapping on successive trips by at lest half of the width of the tear wheels unless otherwise directed by the Engineer, Alternate trips of railer shall6e slightly different in length. On super-elevated curves, rolling shall begin at the low side and progress toward the high side unless otherwise directed by the Engineer. When roiling with vibratory steel wheel rollers, the manufacturer's recommendation shall be foElowed unless directed otherwise by the Engineer. Rolling with pneumatic-tire roller shall be done as directed by the Engineer. Rolling shall be continued until no further density qn be obtained and all roller marks are eliminated. The motion of the rolls shall be slow enough at all times to avoid displacement of the mixture. If any displacement occurs, it shall be corrected at once by the ase of rakes and fresh mixture where required. The roller shall not be allowed to stand on pavement which has not been fully compacted. To prevent adhesion of the surface mixture to the roller, the wheels shall be kept thoroughly moistened with water, but. an excess of water will not be permitted. A11 rollers must be in good mechanical condition. Necessary prceautions shall be taken to prevent the dropping of gasoline, oil, grease or other foreign matter on the pavement, either when the rollers are in operation or when standing. EQUIPMENT: The spreading and finishing machine shalt be of a type approved by the Engmeey with preference given to a machine with "self-leveling" features per TxDOT Item 340.04 (4) (a), shall be capable of producing a surface that will meet the requirements of the typical cross serxion and the surface test, when required, and when the mixture if dumped directly into the finishing machine shat! have adequate power to props) the delivery vehicles in a satisfactory manner. The finishing machine shalt be equipped witty a flexible spring and/or Page 15 of 81 hydraulic type hitch sufficient in design and capacity rA maintain contact between the rear wheels of the hauling equipment and the pusher rollers of the finishing machine while the mixture is being unloaded. Machine shall be able to make 2 passes an the City's standard curb/gutter street. Machine shall have ability to remove imperfections in the surface to provide an improved finish grade. It shat] be the responsibility of the Contractor to have rolling equipment available on the job to Properly compact the paving mixture in place as required without delay to the lay down operation. Rollers provided shall meet the qualifications for their type as follows: Pneumatic Tire Roller: This roller shell be an acceptable medium pneumatic fire milers conforntirtg to the requirements of the item, "Rolling Pneantatic Tire°, Type B, unless otherwise specified on plans. Two Axle Tandem Roller. This roller shall be ao acceptable power driven tandem roller weighing not less than 8 tons. Three Wbeel Roller: This roller shall be an acceptable power drive three wheel roller weighing not less Wen 10 tans. Three Axle Tandem RoIIer: This roller shall be an acceptable power drive three axle roller weighing not less than 10 tons. Vibratory Steel-Wheel Roller: This roller shall have a minimum weight of b tons. The compactor shall be equipped with ampliUtde and frequency controls and shall be specifically designed to compact the material on which it is used. It shell be operated in accordance wiW the manufacturer's recommendations or as directed by the Engineer. Strai¢1t~~ ~d Teer.,piates: When directed by the Engineer, the Contractor shall ptnvide acceptable l0-foot straightedges for surface testing. Satisfactory templates shall be provided as required by the Engineer. Alternate Eonioment: When permitted by the Engineer in writing, equipment other than that specified which will consistently produce satisfactory results may be used, Insoeetion: It will be the Carttractor's responsibility to provide safe and accurate means to enable inspection forces to take all required samples, and to provide penttanent means for checking the output of any specified metering device and to perform these calibration checks as required by the Engineer. Responslbilides of the Ctty are as follows: • Will fiunish all materials used on the project (FIMAC, tack, prime, utility rings, etc.). • Will supply flagmen and traffic control devices. • Wi11 haul and/or have hauled all HMAC material to job sites. • Will set the limits of and depth requirements for ail projects, • WiA provide general direction of tbe work, such as detemtining when and where projects are done, sequencing of the work and other control of the projects. Page 18 of 81 ;i Responsibilities of the Contractor are as follows: • Shall provide all set-up on the project on limits and depths have 6eea provided, • Shall provide the following equipment and manpower as laid out in their specifications. • Shall provide crew supervisor(s) for direction of crew, coated, and inspection of project • Equipment with operators: a. Shall provide a m t ~~ ton lax ~' F 3 Z o D o r Q~ 1 ~t Z, y-down paver in good working order with operators.lspaverofthe"self-1 filing" eyl ~d+,c1 ~l,bra.~or~ b. Shall ovide a ~ t 't ~ ~ ~ ~ air Pr ton steel w eel roller in good working order, suitable for HMAC paving, with operator. c. Shall provide a - 5 o p _ g~lon asphalt distributor in good working order with operator. 1 ~• °~ per s ~ 1 l Q.m~,c9 d. Shalk ptnvide a z_ 5 }b~ ton pneumatic fire roller in good working order with an operator. • Shap provide two (Z) qualified asphalt rakers with all tools associated with this type of work to produce smooth joints and good edge lines. • Shall be responsible for all maintenance fuel, and repairs for all such equipment. • Insurance for general liability and automotive liability shall be carried by Contractor during the term of the contract. Resaonse: Contractox shall begin work within three (3) working days after the date of notification that his services are required, unless a decay is granted because of the weather or other factors that would prevent the work from taking place. Pro act: Contractor will be famished a list ofproposed projects at the time of his selection. All s9u~ Ymd calculations of product shall be made at the completion of each project, and payment shall he made aY the completion of each project, projects will be done singly or in groups throughout the term of the coatrad. ],Minimum placement ordered would be generally 1,200 square yards, more or less. Basis of Pavment: Payment far the HMAC placement will be made at the contract unit price per square yard and wiU include placing, grading, compacting, and finishing, labor tools, ~uipment, and incidentals necessary to complete the work. Warren Contractor shall warrant ali workmanship and product for a period of one (1) year after completion of individual projects authorized by the City. Page 17 aF 81 EXHIBIT C (l.aw Department) (Required Form) (7/8!88) (10/5/89) - (3/15/90) (p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CON7-RACY, FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I cerlily that the conlrect {hereinafter called "said contrect~ atiixed to the attached proposed City Council Resolution , No. is an exact duplicate of an applicable standard form conlrect {the title of which is shown below) previously approved by the Law department and adopted as a standard form by Cily Council Resolution, except for the. blanks that have been filled in with all necessary information and except for the changes described below. The title of the applicable standard form contract is Federally Funded Construction Conlracl, Revised 1/5/88, 7189, 8/89 [) Non-Federally Funded Construction Conlracl, Revised 1/5188, 7/89, 8/89 (j Federal -Professional Services -Engineering Contract, Revised 1/5/88; 5/09 (§10) 7/89/(§8) [) Non-Federal -Professional Ser"vices -Engineering Contract, Revised 1/5/BB, 5/89(§t 0), 7/89(§8), 4/91 [) CDBG -Professional Services -Engineering Contract, Revised 1/5/88, 5/89 (§10), 7/89(§8) [ ] Federal -Professional Services -Nan-Engineering (Consultant) Conlracl, Revised 1/5188, 5/89(§10), 7/89(§8). [) Non•Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/69(§10), 7189 (§8). [ ] CDBG -Professional services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§70), 7/89(§8). [) Other Standard Form Contract, described as follows: The changes are as follows: (Put en 'X" in the appropriate (J) ~Q None. () The following described provisions al the indicated page, section, etc. of the standard form have been deleted from said contract: DELETIONS Page Number Where Deleted Provision Is Found On Standard Form Section or Paragraph No. end Caption Which Contains Provision Deleted From Form Subsection or Subparagraph No. and Caption Which Contains Provision Deleted From Form Description of Provision Deleted tp.z nevtsec a/te/9o) (Certificate of Standard Form Contract, page 2) J The following described provisions at the indicated page, section, etc. of the standard form have been altered,' modified, replaced or otherwise changed: ~; ALTERAT)ON$ MODlF/CATIONS, REPLACEMENTS, ETC... Page § & caption •• sub § & caption, etc.' Page No. § or 4 No. & Caption Sub § or Sub ¶ No. & Caption ~ bescription of Bald contract which conlaihs Where Provision Found of Standard Form of Standard Form of Provision altered, etc. provision; & on Standard Form which Contains Provision which Contains Provision In Standard Form Description of Alteration etc; j The following provisions have been added to Said Contract: Page, Section and Caption Subseciipn-and Caption, etc. of Said Confr:act Which "I }urther certify that said attached proposed City Council Resolution contains the following provision: 'That said contract is an exact duplicate of a City Standard Form Contract except for the changes described in the Certificate of Standard Form Contract, a copy of which Is attached hereto as Exhibit"B' and is hereby incorporated by reference, and said changes are hereby approved.' I understand that this certificate will be relied on by the Law Department in reviewing and appioving (or rejecting) as to form and by the City Council in revievng and adopting (or rejecting) said Resolution.and Contract: Signed this , 23 Ro day of Sc.,,i c* „~.g- ap , Department Head or