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HomeMy WebLinkAboutPR 15413: AWARDING CONCRETE WORK, SIDEWALKS, DRIVEWAYS, WHEEL CHAIR RAMPS CONTRACT - CYMA INC.CITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT TO: Steve Fitzgibbons, City Manager FROM: Ross E. Blackketter, P.E., Director of Public Works SUB7ECT: P.R. #15413 -Concrete Slip-form Placement DATE: 03 August 2009 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 15413, awarding a bid and authorizing the execution of a One (1) Year Contract for Concrete Slip-form Placement of Concrete Curb and Gutters and Concrete Curbs, and the Construction of Sidewalks, Driveways, and Wheelchair Ramps to CYMA Inc. of Houston, Texas. This contract will be awarded on a UNIT COST BASIS as listed below and will be utilized for various City and CDBG funded street projects. BACKGROUND: This is~ an annual contract for the Concrete Slip-form Placement of Concrete Curb and Gutters and Concrete Curbs, and the Construction of Sidewalks, Driveways, and Wheelchair Ramps.. Two different bid options were available for slip-form placement of curb and curb and gutter for this contract: (1) the contractor providing labor and equipment only, and (2) the contractor providing labor, equipment, and materials. Bids were advertised in the Port Arthur News on July 12, 2009 and July 19, 2009. Bids were received and opened on July 29, 2009, with one (1) bid being received for said contract as follows: CYMA Inc., Houston, Texas No. ITEM UNIT 2008 Prices 2009 Prices ~O Difference 1. Placement of standard Curb and LF No Bid $18.72 for N/A Gutter Section (Contractor Tess than provide materials) 100 LF $16.38 for 100 LF or more 2. Placement of standard Curb and LF $1,600 min $18.72 for 17.0% Gutter Section (City provide $6.00 for Tess than materials) more than 100 LF 300 LF $16.38 for 100 LF or more Z:\engineer\Documents\Slip Form\CAM-09.doc Page 1 3. Placement of standard Upright LF No Bid $17.68 for N/A Curb Section (Contractor less than provide materials) 100 LF $15.47 for 100 LF or more 4. Placement of standard Upright LF $1,500 min $17.68 for 17.9% Curb Section (City provide $2.90 for less than materials) more than 100 LF 100 LF $15.47 for 100 LF or more 5. Construction of Oft wide @ 4in LF No Bid $40.80 for N/A thick sidewalk less than 100 LF $37.40 for 100 LF or more 6. Construction of 5-ft wide @ 4-in LF No Bid $51.00 for N/A thick sidewalk less than 100 LF $46.75 for 100 LF or more 7. Construction of sidewalk @ 4-in SY $91.80 for thick greater than 5-ft in width No Bid less than N/q 100 SY $84.15 for 100 SY or more 8. Construction of residential SY No Bid $91.80 N/A driveway @ 4-in thick 9. Construction of residential SY No Bid $137.70 N/A driveway @ 6-in thick 10. Wheelchair ramp EA No Bid $800.00 N/A CYMA Inc. is a new bidder for this service, and their bid reflects a 17.0% to 17.0% increase in the unit price for work we secure most often (Items 2 and 4), with no bid for all other items. The City has had a good experience with this contractor and found them to be very qualified. This bid was reviewed by Public Works and Purchasing and found to be the fair market value for this service. Z:\engiineer\Documents\Slip Form\CAM-09.doc Page 2 BUDGETARY/FISCAL EFFECT: Funds are provided in the Streets Division Budget, Accounts No. 001-1203-531.36/51/H6 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. 15413, authorizing a One (1) Year Contract for Concrete Slip-form Placement of Concrete Curbs and Gutters and Concrete Curbs, and Construction of Concrete Sidewalks, Driveways, and Wheelchair Ramps to CYMA Inc. on a UNIT COST BASIS. The prices bid for the various categories of concrete work are reflective of the costs for this service and for the quantities shown. ~, ~ . Ross E:. Bloc ketter, P.E. Director of Public Works REB/reb Z:\engineer\Documents\Slip Form\CAM-09.doc Page 3 P.R. No. 154:13 08/03/09 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 CYMA INC. OF HOUSTON, TEXAS FOR CONCRETE SLIP-FORM PLACEMENT OF CONCRETE CURB AND GUTTERS AND CONCRETE CURBS, AND CONSTRUCTION OF SIDEWALKS, DRIVEWAYS AND WHEELCHAIR RAMPS ON A UNIT COST BASIS FOR VARIOUS CITY FUNDED AND CDBG GRANT FUNDED STREET PR07ECTS; PROPOSED FUNDING: STREET DIVISION ACCOUNT NO. 001-1203-531.36/51/86 AND CDBG STREET PROJECT ACCOUNTS. WHEREAS, periodically the City requires the services of a contractor to place concrete curb and gutters and concrete curbs and construct sidewalks, driveways and wheelchair ramps for various projects; and, WHEREAS, the City advertised in the Port Arthur News on July 12, 2009 and on July 19, 2009 for said services; and, WHEREAS, one (1) bid was received and opened on July 29, 2009 for the abowe referenced Contract and has been evaluated by the Public Works staff and Purchasing Managier; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby awards the bid for a one (1) year contract for concrete slip-form placement of concrete curb and gutters and concrete curbs, and construction of sidewalks, driveways and wheelchair ramps, to the lowest; responsible bidder to wit: CYMA Inc. of Houston, Texas as shown on Exhibit "A", attached hereto and made a part hereof; and, P.R. No. 154:13 Page. 2 THAT the Mayor and City Manager of the City of Port Arthur are hereby authoriized and directed to execute on behalf of the City, a Contract between the City Hof Port Arthur and CYMA Inc. for a one (1) year contract for the above referenced services at various locations in the City of Port Arthur, Texas; and, THAT the contract is awarded on a UNIT COST BASIS, as shown on Exhibit "B" attached in part hereto and made a part hereof by reference, a complete copy ~of which is available for review in the office of the City Secretary; and, THAT said Contract is an exact duplicate of a standard form Federally Funded Construction contract except for the changes described in the Certificate of Standard Form, a copy of which is attached as Exhibit "C" and is hereby incorporated by reference, and said changes are here approved; and, THAT, effective September 1, 2009, payment bonds will be required if the individual project exceeds $50,000 and performance bonds will be required if the individual project exceeds $100,000 per Section 2253.021 of the Government Code; and, THAT, during the period of this contract, the goal for Female Business Enterprises is 6.9%, and the goal for Minority Business Enterprises is 22.6%; and, THAT, CYMA Inc. of Houston, Texas shall sign this resolution agreeing to the terms thereof; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the Ci1.y Council. P.R. No. 154:13 Pages 3 READ, ADOPTED AND APPROVED this the at a Ayes:_ Mayor: Councilmembers: day of A.D. 2009 meeting of the City of Port Arthur, Texas by the following vote: Noes: Attest: City SE~cretary APPROVED AS TO FORM: ~'~..`'( ~2~ City Attorney APPROVED FOR ADMINISTRATION: Stephen B. Fitrgibbons City Manager ~~ Ross E.. Blackketter, P.E. Director of Public Works APPRC>VED AS TO AVAILABILITY OF FUINDS: r /...-~ n Deborah Echol Director of Finance Mayor Shawna Tubbs Purchasing Manager AGREED TO: Cl(MA Inc. Z:\engineer\Documents\Contracts\Slip Form\PR15413.doc EXHIBIT A H x x o W ..r ~/ ~ W O '~ am w O U ,~ 0 0 .~ v ~, 0 U a~ a~ V 0 ~1 0 a e~ ... U a~ .,..~ A .~ ~ ~ y ~ ~ O ~~., w ~ i.r ~ ~ ^.. O V1 ~ P, v, .-1 -~ W v, .--~ --+ w ca .-~ r. 0 ~-~ r~ .wawa ~ ~ ra ~~-l .~. ~ cC ~ c~ ~ ~ ,.fl ~ .O r. j N M d ' '..i ~`"\ rA N 4~+ O N cC~ y b U O ~ 'e~ ~ U o :~ V ,~ c ~'`~ ~ y? N l jj l ~ ~ T N f C - ~ G~ C~ '"" --~ ~yy Fil ~rJ ~"~ ~ ~ ~i E~ E~ U ~ A / 1^~ /y~M~ ~ / O on • • ~ F+~1 ~~ ~ ~ ~I ~ A a, ~ ~ o ~~ ~ ~ ~ ~N ~ J U ~ ~ , F~ i~l O w ~; ~ a ~ _ ~ U ~.-~ al 0 oo 0 ~ 0 o ~n r~ o oo ~n ,~ o 00 o 00 ° ° 0 0 tpr Q~ O ~I O [~ .--~ ~p ~--~ ~' ~'-' ~--' M •--~ M ^' O 00 O 00 V~ !-~ ~ ~ 69 b9 69 69 FfT Ei4 64 69 69 d4 69 ~3 ~U z O O v~ L ~ ~ ~ d O GL U ~ .Vi L a ~ ! r pp R1 U U ~ ~~~yy •^I N~1 3 v y ~' ~ a~ ~ ~ ~ L t y ~ 7.i L+ ."ji ~. d ~ ~ ~ U a ;,~ 3 ~~ r ~ ~ '~ y ~. 3 3 y a~ a~ a> ~+ r ~ U GC C~ CQ •„ ,n 6> 3r bC r ~. ~" U '~ b . ~ ~ ~ ~ y .a :~ 3 ~ ° o ~ . ~ b ^ ~ 3 ~ ~ a o ~ ~ o ~ ~ o ~ w p '^ ~ w p ~ " ~ ~ '^ O O n ~ b O O W ~ O q ~' O ~ C O p ~ O ~ O O y ~ p O N ~ O H O 0 0 O ~ O ~ ~ L ~"~ ~ O U .--i O V ~"~ Sr V O U O ~ O V L N L ce ~ ~ ' ~ ~ L"+ ~ .~ i ", .i i t ,s ; V7 ~" .~ i!1 ~ V1 C r T+ ~ ^ ~ °' ~ ~u y ~ ` n N C a ' N ~ ~ N p U ~ `n ~ O C~ C ~ A 0 C as ~ O t O 7 v ~ C N ~ ~ N ° U 0 U w ° U w w U a w 3 w w U v, ,.a ..a .-. y ~ w w w w ~ ~ ~ ~ ~ ~ d d O w .~ .~ a ~ ~ ~ ~ ~ ~ w w a ~ vi :o r o0 0~ ° N W 0 N a EXHIBIT B CONTRACT FOR CONCRETE SLIP-FORM PLACEMENT OF CONCRETE CURB AND GUTTERS, UPRIGHT CONCRETE CURBS, CONSTRUCTION OF SIDEWALKS, DRIVEWAYS, AND WHEELCHAIR RAMPS THIS AGREEMENT, made this 11~' day of August , 200, 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 _ CYMA Inc. a(n) Coruoration herein acting Individual, firm, partnership, or corporation by ,and through ]esus 7. Moreno hereinafter called 'CONTRACTOR". WI'TNESSETH: That for and in consideration of the payment terms, conditions, anti agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from 14 August 2009 to 14 August 20;10. 2. During the term of this Contract, the CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of CONTRACTOR in the Specifications. 3. The CONTRACTOR agrees to perform all the work. described in the Specifications and Contract Documents and comply with the terms therein for the prices stated below. ITEM Standard Curb and Gutter Section Standard Upright Curb Section 4-flt Wide by 4-in Thick Sidewalk 5-ft Wide by 4-in Thick Sidewalk 4-in Thick Sidewalk > 5-ft Wide Residential Driveway @ 4-in Thick Residential Driveway @ 6-in Thick Wrleelchair Ramp $18.72/LF < 100 LF $16.38/LF > 100 LF $17.68/LF < 100 LF $15.47/LF > 100 LF $40.80/LF < 100 LF $37.40/LF > 100 LF $51.00/LF < 100 LF $46.75/LF > 100 LF $91.80/SY < 100 SY $84.15/SY > 100 SY $91.80/SY $137.70/SY $800.00/EA Z:\e~ngineer\Documents\Slip Form\Slip-Form Contract-09.doc Page 1 4. The term "Contract Documents" means and includes the following: (A) Agreement (B) Advertisement for Bids (C) General Information (D) Specifications (E) Bid (F) Bidder's Information Sheet (G) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized ofFcials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above. OWNER BY: Stephen B. Fitzgibbons City Manager BY: Printed Name: CONTRACTOR Z:\engineer\Documents\Slip Form\Slip-Form Contract-09.doc Page 2 DELORIS "BOBBIE° PRINCE, MAYOR ELIZABETH °I,IZ" SECLER, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATM,4N, JR. MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BE,4RD, JR. ROBERT E. WIILLIAMSON D. KAY WISE TFIOMAS J. HIiNDERSON JULY 13, 2009 STEPHEN FITZG1860NS CITY MANAGER TERRI HANKS CITY SECRETARY MARK T. SOKOLON' CITY' ATTORNEY INVITATION TO BID SLIP-FORM PLACEMENT OF CONCRETE AND CONSTRUCTION OF CONCRETE SIDEWALKS, DRIVEWAYS AND WHEEL-CHAIR RAMPS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 29, 2009. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, July 29, 2(109 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX. MARK ENVELOPE: SLIP-FORM PLACEMENT DELIVERY ADDRESS: Please submit two (2) complete copies of your bid to: CITY OF PORT ARTHUR CITY SECRETARY P.O. BOX 1089 PORT ARTHUR, TEXAS 77641 CITY OF PORT ARTHUR CITY SECRETARY 444 4TH STREET, 4`h Floor PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed to: City of Port Arthur, TX Shawna Tubbs, Purchasing Manager P.O.:Box 1089 Port Arthur, TX 77641 409.983.8160 Shawn a~c~portarthur.n et Questions concerning the Scone of Work should be directed to: City of Port Arthur, TX Ross Blackketter, Director of Public Works P.O. Box 1089 Port .Arthur, TX 77641 409.983.8180 rblackketter ~portarthur.net Page 1 of 68 The Enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed refere;need services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be; placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORI_? OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB :>ubmittal arrives at the above location by specified deadline regardless of delivery method chose;n by the firm. Faxed or electronically transmitted ITB submittals will not be accented. Shawna Tubbs Purchasing Manager Page 2 of 68 Invitation to Bid SLIP-FORM PLACEMENT OF CONCRETE AND CONSTRUCTION OF CONCRETE SIDEWALKS, DRIVEWAYS AND WHEEL-CHAIR RAMPS NO BID is submitted: this time only not this commodity/service only FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY' RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. If not submitting a bid, please complete the questionnaire at the bottom of this page. Notice In the event you desire not to submit a bid, we would appreciate your response regarding the Treason (s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. (To be Completed ONLY IF YOU DO NOT BID.) Yes No Does our com an rovide this roduct or services? Were the s ecifications clear? Were the s ecifications too restrictive? Does the Ci a its bills on time? Do ~ou desire to remain on the bid list for this roduct or service? Does our resent work load ermit additional work? Comments/Other Suggestions: Con-pany Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 68 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 prepare SEALED BIDS IN DUPLICATE for furnishing: SLIP-FORM PLACEMENT OF CONCRETE AND CONSTRUCTION OF CONCRETE SIDEWALKS, DRIVEWAYS AND WHIiEL-CHAIR RAMPS Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur, P.O. Boy,; 1089, Port Arthur, Texas 77641. Bids shall be received no later than 3:00 p.m., Wednesday, July 29, 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 BBC' BIDDER. All bids meeting the intent of this request for bid will be considered for award. BIDDER.' 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 authE;nticity. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2., Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3,. Reject any or alI 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. Award 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 award 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. Page 4 of 68 TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidde;rs are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 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 of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in 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 ITB 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 are known to have received a copy of the ITB. Offe:ror's shall acknowledge receipt of all addenda. BONA FIDE BUSINESS THAT CLAIMS THE CITY OF PORT ARTHUR AS ITS 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 requiired, 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. Page 5 of 68 PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the gc-ods or services by the City of Port Arthur. SALES TAX: The City of Port Arthur is exempt bylaw from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texa:-. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws., ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and nc- other officer, employee or agent of the City who exercises any functions or responsibilities ir- connection with the planning and carrying out of the program, shall have any personal financial interf:st, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits 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 are paid or until satisi'actory arrangements for payment has been made. Bidders must complete and sign the AFF][DAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. All Lvids will remain in effect for one year. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthw~, Texas 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause requiired by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake ar othe-~wise, 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 marvner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and :means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Conlact and said specifications. Page 6 of 68 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 regarded as meaning that only the best commercial practices are 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 will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discriiminationunder any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely 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 (~ity 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 contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previious paragraph hereof relative to termination shall apply. 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. SU)~-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractar or pE;rmit 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. Page 7 of 68 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) 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. 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 8 of 68 Attention is called to the fact that this is a Contract for construction of public works and that there must be paid on same not less than the general prevailing wage rates which have been established by the City Council of the City of Port Arthur, Texas, pursuant to Texas Revised. Civil Statutes Annotated Art. 5159a (Vernon Supplement 1994) and which are set out in detail in. the Contract Documents. The CONTRACTOR shall forfeit as a penalty, to the City of Port. Arthur, Sixty Dollars ($60.00) for each laborer, workman or mechanic employed, for each calendar day, or portion thereof, if such laborer, workman or mechanic is paid less than the said. stipulated rates for any work done under this Contract. The Davis-Bacon Act is applicable to this Contract, and the prevailing wage rates established pursuant to said Act are made a part of this Contract. A copy of such current wage schedule shall be included in the Contract Documents and any applicable change in such wage schedule shall be furnished and Equal Employment Opportunity requirements must be met. CONTRACTOR'S attention is also directed to the equal opportunity requirements of this Contract: Title VI, Sec. 3 and E.O. 11246. This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to Section 151.311 of the Tax Code: made by Section 14.07 of Chapter 5 (House Bill No. 11), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non-consumable materials and equipment to qualify for resale to the City and be exempt from sales tax, the contract and bids must comply with the following requirements. The lbid and contract must separately identify (1) the charges for non-consumable materials and equipment that are penmanently incorporated into the project and (2) charges for skill, labor and consuumable materials, tools and equipment that aze permanently incorporated into the projecl:. Bidders are required to have a sales tax permit issued by the Comptroller of the State of Texas in ordeh~ 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 perfonming this Contract. The CONTRACTOR performing this contract must issue to his suppliers an exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City. Lump-sum contracts, in which the above referenced chargers are not separated, do not qualify for the sales and use tax exemption. Attention is directed to the liquidated damages provision of this Contract and the fact that rainy weather shall constitute justification for any delay in the time for completion only under certain conditions. Page 9 of 68 INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed bey any crf them, or by anyone for whose acts any of them maybe liable of the following types and limits(No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which cove~~s the particular insurance policy or certificate of insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, its officers, agents & employees). (City and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). 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 year limit of $2,000,000 for contracts in excess of $100,000. 3. Comprehensive Automobile Liability (Including owned, non-owned and hired vehicles coverage): a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Page 10 of 68 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all in~Formation required (including names of insurance agency, CONTRACTOR and insurance; companies, and policy numbers, effective dates and expiration dates) and to date and sign and dc- all ol;her 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 Forni 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 i:orm 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 furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 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 calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays. SUBSTITUTIONS: Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another maniufacturer, 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 11 of 68 EQUAL OPPORTUNITY: Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. MA'T'ERIAL SUPPLIERS AND SUBCONTRACTORS: Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. Page 12 of 68 SP>E~:CIFICATIONS FOR CONCRETE WORK SECTION ONE 1.0 CONCRETE CURBS AND CONCRETE CURB AND GUTTERS -LABOR, 9 EQUIPMENT AND MATERIALS 1.1 Description: Concrete curbs and concrete curb and gutters shall be constructed of Portland cement concrete of the class and other requirements as designated by Engineer. u 1.2 General: Curbs and curb and gutters shall be in conformance with the details of this specification. All concrete shall be 3,000 psi concrete, and reinforcement and finishing shall be in conformance with the specifications. 1.3 Construction Method: The slip-form method shall be used for the construction of concrete curbs and concrete curb and gutters. Slip-form equipment 'shall be provided with traveling side and top forms of suitable dimensions, shapes, and strength to support the concrete for a sufficient length of time during placement to produce curbs or curb and gutters of the required cross section. The equipment shall consolidate, form and rough finish the freshly placed concrete in such a manner as to provide a dense and homogeneous product. ~I The slip-form equipment shall have automatic sensor controls which operate from an ', offset control line. The line and grade of the slip-form equipment shall be automatically controlled. Concrete shall be placed on base provided by the City. Should there be any changes required to this base work to accommodate the slip forming equipment such changes shall be noted on the bid documents. Concrete shall be placed with equipment approved by the Engineer. When placement is directly on sub grade or foundation materials, the sub grade or foundation material foundation shall be hand-tamped and sprinkled if considered necessary by the Engineer. If the concrete is placed directly on surface material or pavement, such surface shall be thoroughly cleaned. Concrete shall be fed into the machine in such a manner and at such consistency that the machine will present awell-compacted mass with a surface free from voids and honeycombs, and true to the required shape, line and grade. Any additional surface finishing specified and/or required shall be performed immediately after slipforming. Joints shall be constructed at such location as directed by the Engineer and conforming to the details shown on the plans. Page 13 of 68 1.4 Drainage Outlets Through Curb: Where existing yard or building drains occur along the line of work, the new curb shall be suitably sleeved or a "V" cut made to provide for such drains. Similar sleeves or "V" cuts shall be installed to serve low areas on adjacent property where drainage has been affected by the work. 1.5 Driveway Entrances: Driveway entrances shall be provided in new curb at all existing driveways along the line of the work, at locations shown on the Plans, and at such other locations as may be designated by the Engi~ eer. The fully depressed curb opening at driveway entrances shall be 1-inch above gutter flow line at the curb face. The depressed portion of the curb shall be finished to a transverse slope toward the gutter, of 3/ inch. 1.6 Backfilling and Cleanup: Upon completion of the work surface of the concrete shall be thoroughly cleaned and the: site left in a neat and orderly condition. - ,~ 1.7 Responsibilities: ~~ A. City 1. Will supply flagmen and traffic control devices as needed. 2. Will set the limits of and elevations for all projects. 3. Will provide general direction of the work determining when and where projects, are to be done, sequencing of the work and other control of projects. n ~. B. Contractor 1. Shall provide all set up on the project once limits and hub elevations have been provided. 2. Will furnish all materials used on the project (concrete, sand/cement, reinforcing rods, joint materials, etc.) 3. Will haul and/or have hauled all material to the job sites. 4. Will backfill all work to the finished surface. 5. Shall provide the following equipment and manpower: a. Shall provide crew supervisor(s) for direction of crew, contact, and inspection of project. b. Shall provide sufficient qualified concrete finishers with all tools associated with this type of work to place driveway cuts and joints of all. types, to place all reinforcing rods and to finish the product as directed by the city:! Page 14 of 68 c. Equipment: 1. Shall provide the appropriate lay-down slip-form equipment in good working order and with trained operator(s). 2. Shall provide the molds made to city standards for curb and gutter sections and for stand-up curbs (see Attachment "A" for details). 6. Shall be responsible for all maintenance to, fuel for, and repairs for all such. equipment provided as part of this work. 7. Insurance for general liability and automotive liability shall be carried by Contractor during the term of the contract. ~i 1.8 Response: Contractor shall begin;work within three (3) working days after the date of notification that his services are required, unless a delay is granted because of weather or other factors that would prevent the work from taking place. ~l 1.9 Project: Contractor will be furnished a list of proposed projects at the time of his selection. Actual linear footage of product placed shall be made at the completion of each project, and payment will be made at the completion of each project. Projects will be done singly or. in groups throughout the term of the contract. Minimum placement ordered willl generally be 300 lineal feet, more or less, of curbs, or curb and gutters. 1.10 Warranty: Contractor shall warrant all workmanship and product for a period of one (1) year after completion of individual projects authorized by the City. :~ 1.11 Measurement and Payment: Concrete curbs or concrete curbs and gutters shall be measured by the linear foot, complete in place, per the specification. ,j A Payment for concrete curbs and gutters shall be made per the unit price bid for each type of construction, complete in place. Page 15 of 68 SPECIFICATIONS FOR CONCRETE WORK SECTION TWO 2.0 CONCRETE CURBS AND CONCRETE CURB AND GUTTERS-LABOR AND EQUIPMENT ONLY 2.1 Description: Concrete curbs and concrete curb and gutters shall be constructed of Portland cement concrete of the class acid other requirements as designated by Engineer. 2.2 Curbs and gutters shall be in conformance with the details in these specifications. All concrete shall be 3,400 psi concrete, and reinforcement and finishing shall be in conformance with the drawings and specifications. 2.3 Construction Method: The slip-from methods shall be used for the construction of concrete curbs and concrete curbs and gutters. Y Slip-form equipment shall be provided with traveling side and top forms of suitable dimensions, shapes, and strength to support the concrete for a sufficient length of time during placement to produce curbs or curb and gutters of the required cross section. The equipment shall consolidate, form and rough finish the freshly placed concrete in such a manner as to provide dense and homogeneous project. The slip-form equipment shall have automatic sensor control which operates from an offset control line. The line and grade of the slip-form equipment shall be automatically controlled. Concrete shall be placed on base provided by the City. Should there be any changes required to this base work to accommodate the slip forming equipment such changes on the bid documents. Concrete shall be placed with equipment approved by the Engineer. When placement is directly on sub grade or foundation material, foundation shall be hand-tamped and sprinkled if considered necessary by the Engineer. If the concrete is placed directly on surface material or pavement, such surfaces shall be thoroughly cleaned. Concrete shall be fed into the machine in such a manner and at such consistency that the finished work will present awell-compacted mass with a surface free from voids and honeycombs, and true to the required shapes, line and grade. Any additional surface finishing and/or required jointing shall be performed immediately after slipforming. Joints shall be constructed as such locations as directed by the Engineer and conforming to the details shown on the plans. Page 16 of 68 2.4 Drainage Entrance: , Where existing yard or building drains occur along the line of work, the new curb shall be suitably sleeved of a "V" cut made to provide for such drains. Similar sleeves or "V" cuts shall be installed to serve low areas on adjacent property where drainage has been. affected by the work. ~: 2.5 Driveway Entrances: Driveway entrances shall be provided in new curb at all existing driveways along the line ' of the work, at location shown on the Plans, and at such other locations as may be designated by the Engineer. r The fully depressed curb opening at driveway entrances shall be 1-inch above gutter flow line at the curb face. The top of the fully depressed portion of the curb shall be finished to a transverse slope toward the gutter of '/< inch. 2.6 Backfilling and Cleanup: Upon completion of the surface of the concrete shall be thoroughly cleaned and site left in a neat and orderly condition. 2.7 Responsibilities: ~, A. City 1. Wili furnish all necessary materials used on the project (concrete, sand/cetnent, reinforcing rods, joint materials, etc.) 2. Will supply flagmen and traffic control devices. 3. Will haul and/or have hauled all material to job sites. 4. Will set the limits of and elevations for all projects. 5. Will provide general direction of the work, such as determining when and where projects are done, sequencing of the work and other control of projects. 6. Will backfill all work to the finished surface. 11 B. Contractor 1. Shall provide all set up on the project once limits and hub elevations have been provided. 2. Shall provide the following equipment and manpower: a. Crew supervisor(s) for direction of crew, contact, and inspection of project. b. <Sufficient qualified concrete finishers with all tools associated witr~ a ,this type of work to place driveway cuts and joints of all types, to place all reinforcing rods and to finish the product as directed by+ 'the City. Page 17 of 68 c. Equipment: 1~. Appropriate lay-down slip-form in good working order ands with trained operator(s). 2. A mold made to city standards for curb and gutter sections and for stand-up curbs (see Attachment "A" for details) 3. Shall be responsible for all maintenance to, fuel for, and repairs for al'l such equipment provided as part of this work. 4. Insurance for general liability and automotive liability shall be carried by contractor during the term of the contract. 2.8 Response: Contractor shall begin; work within three (3) working days after the date of notification that his services are required, unless a delay is granted because of weather or other factor that would prevent the'work from taking place. 2.9 Project: Contractor will be furnished a list of proposed projects at the time of his selection.. Actual linear footage of product placed shall be made at the completion of each project:, and payment will be made at the completion of each project. Projects will be done singly or in groups throughout the term of the contract. Minimum placement order will generally be 300 linear feet, more or less, of curbs or curb and gutters. 2.10 Warranty: Contractor shall warrant all workmanship and product for a period of one (1) year after completion of individual projects authorized by the City. 2.11 Measurement and Payment: Concrete curbs and concrete curb and gutters shall be measured by the linear foot in place per the specifications. k Payment for concrete 'curbs or curbs and gutters shall be made per the unit price bid for each type of construction when in place per the specifications. Page 18 of 68 SECTION 3 3.0 SIDEWALKS, DRIVEWAYS AND WHEELCHAIR RAMPS -COMPLETE IN' PLACE 3.1 Description: This item shall govern for Portland cement concrete sidewalks, driveways and wheelchair. ramps on approved sub grade, foundation material or furnished surface in accordance with the lines and grades established by Engineer and in conformance with the details shown on the plans. 3.2 General: All sidewalks, driveways and wheelchair ramps shall be poured from 3,000 psi concrete, and shall meet the following requirements: a. Thickness: r 4" for residential sidewalks, driveways and for wheelchair ramps 6" for conunercial sidewalks across existing or proposed driveways and for commercial driveways to carry heavy truck traffic. b. Reinforcement 6x6x6" welded wire mesh mats. (No rolled wire allowed). a Sub grade - 2",;sand cushion d. Construction joints -spaced at intervals shown on attachments e. Expansion joints - 3/<<", either remolded or redwood, installed at all points where walk is confined by rigid structures such as buildings, slabs, curbs and gutters, drainage boxes, etc. f. Finish -brushed, light broom, scored, or other approved finish. g. Line and Grade - to be established by Engineering Division. h. Slope -maximum slope as delineated on Attachments. 3.3 Construction Methods: Conventionally Formed Concrete. Prior to sidewalk, driveway or wheelchair ramp construction removal of existing material and its disposal shall be required to the sub grade, foundation or pavement surface. ,; Contractor will be responsible for removal and disposal of existing material. City will provide location for disposal at no charge to Contractor. Sub grade shall be shaped to the line, grade and cross section on the plans and, if considered necessary by the Engineer, hand tamped and sprinkled. When directed by the Engineer, the sub grade or foundation material shall be sprinkled lightly immediately before concrete is deposited thereon. Forms, where needed; shall be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp and of the dept required. They shall be securely staked to line and grade and maintained in a position during the placing of concrete. Page 19 of 68 The reinforcing steel shall be placed in the position as shown on the plans. Care shall be exercised to keep all steel in its proper location during concrete placement. Concrete shall be placed in horizontal layers not exceeding 6-inches in thickness, eacYi layer being spaded along the forms and thoroughly tamped. Concrete may be placed iri layers of more than 6-inches in thickness only when authorized by the Engineer and the spading and tamping is sufficient to consolidate the concrete for its entire depth. If internal vibrators are used, the full specified thickness may be placed in one operation. After the concrete for sidewalks, driveways and wheelchair ramps has been placed, a strike off shall be used to bring the surface to the proper elevation when compacted. It shall be spaded along the form faces and tamped to assure a dense and compact mass, and to force the larger aggregate down while bringing to the surface not less than 3/8 inch of the free mortar for finishing. Section of sidewalks, driveways or wheelchair ramps shall be separated by remolded or board joint of the thickness shown on the plans. When a sidewalk, driveway or wheelchair ramp abuts a curb or retaining wall or objects project into same, approved expansion material shall be placed as required. Each day's production will be terminated at an expansion joint. Curing: The complete work shall be cured for a period of not less than 72 hours by one of the methods specified in Item 420, Specification. 3.4 Cleanup: Upon completion of work the surface of the concrete shall be thoroughly cleaned and the site left in a neat and orderly condition. 3.5 Responsibilities: A. City 1. Will supply flagmen and traffic control devices as needed. 2. Will set the limits of and elevation for all projects. 3. Will provide general direction of the work, such as determining when and where projects are done, sequencing of the work and other control of projects. B. Contractor 1. Shall provide all set up on the project once limits and hub elevations have been provided. 2. Will furnish all materials used on the project (concrete, sand/cement, reinforcing rods, joint materials, etc.) 3. Will haul and/or have hauled all material to job sites. 4. Will backfill all work to the finished surface. Shall provide the following equipment and manpower: Page 20 of 68 -~i a. Crew supervisor(s) for direction of crew, contact, and inspection of project. b. Sufficient qualified concrete finishers with all tools associated with this type of work to place driveway cuts and joints of all types, to place all reinforcing rods and to finish the product as directed by the City. c. Equipment: 1'. Appropriate lay-down or slip-form equipment, if used, iri good working order and with trained operator(s). 6. Shall be responsible for all maintenance to, fuel for, and repairs for all such equipment provided as part of this work. 7. Insurance for general liability and automotive liability shall be carried by Contractor during the term of the contract. a 3.6 Response: Contractor shall begin, work within three (3) working days after the date of notification that his services are required, unless a delay is granted because of weather or other factors that would prevent the,work taking place. 3.7 Project: Contractor will be furnished a list of proposed projects at the time of his selection. Actual linear foot or''per each measurements of product placed shall be made at the completion of each project, and payment will be made at the completion of each project. Projects will be done single or in groups throughout the term of the contract. Minimum placement ordered will generally be 100 linear foot, more or less sidewalk, and two (2.) wheelchair ramps. 3.8 Warranty: Contractor shall warrant all workmanship and product for a period of one (1) year after completion of individual projects authorized by the City. 3.9 Measurement and Payment: Sidewalks shall be measured by the linear foot for 4' x 5' widths, complete in place per the specifications. A;square yard price shall be quoted for sidewalks greater than 5 feet wide. Driveways shall be measured by the square yard, complete in place, per the specifications. Wheelchair ramps will be measured by each, complete in place, per the specifications. Payment for sidewalks, driveways and wheelchair ramps shall be made per the price bid for each type of construction, complete in place. Page 21 of 68 SECTION 4 4.0 FINISHING -ALL WORK 4.1 General: Finishing shall be complete as specified herein for the type work being performed. 4.2 Curbs and Curb and Gutters: Immediately after placement of material by the slip-form process, and installation of alit required joints, all surfaces shall be carefully trowelled to a smooth and uniform finish. Any honeycomb areas, bulges, slumps or separation of concrete will be required and the areas shaped to conform to the shape of the slip-formed product. After all necessary driveway cutouts, "V";drains or sleeve drains are installed, all surfaces shall be trowelled for a final time, the surfaces shall be finished with afine-hair brush parallel with the line of the work. Touch-up work that may be required after curing has taken place shall be done with a mixture of cement grout and bonding agent. 4.3 Sidewalks, Driveways and Wheelchair Ramps: After the concrete has been thoroughly tamped in such a manner as to force the larger aggregate into the concrete and bring to the surface sufficient free mortar for finishing, the surface shall be worked to a true and even grade by means of float, trowelled with a long-handled trowel, and finished with a wood float. Sidewalks, driveways `and wheelchair ramps shall be finished to a smooth and uniforni finish, and upon completion of installation of all required joints or grooves, shall be finished with a light broom finish for traction. Finish shall be applied perpendicular to the line of the work. 4.4 Joints: Generally all edges of concrete and concrete edges at all expansion joints shall be rounded to a '/ inch radius using an approved edging tool. The street-side edge of the curb and gutter sections shall be rounded to a one-inch radius using an approved edging tool. •r i i! ~~. ~; Page 22 of 68 SECTON 5 5.0 JOINTS -ALL WORK 5.1 General: Joints in concrete curbs and concrete curb and gutters, sidewalks, driveways anti wheelchair ramps, shall be of the type of joints set out in these specifications. 5.2 Expansion Joints: Expansion joints shall be constructed as shown on the Plans or as specified herein. Such joint shall be filled with pre-molded joint filler conforming to the requirements prescribed by the Texas Department of Transportation. No such joints shall be constructed within wheelchair ramps, or driveways except as may be approved by the Engineer. One-quarter-inch joints shall be constructed in curbs and concrete curb and gutters at the end of all returns except where cross gutter transitions extend beyond the curb return, in which case they shall be placed at the ends of the cross gutter transition. No joints shall be constructed in returns. Where monolithic curb and gutters are constructed adjacent to concrete pavement, no expansion joints will be required except at EC and BC of curb returns. Expansion joint filler '/. inch thick shall be placed in walk at the EC and BC of all walk returns and around all utility poles which may project into the concrete along the line of the work. One-quarter-inch joints shall be constructed in walk returns between the walk and the back of curb return when required by the Engineer. As the EC and BC and around utility poles, the joint filler-strips shall extend the depth of the walk plus 1-inch with the top set flush with the specified grade of the top of curb. All expansion joint filler strips shall be installed vertically, and shall extend to the full depth and width of the work in which they are installed, and be constructed perpendicular to the line of work or radially to the line of work or radially to the line of the work constructed on a curve. Expansion joints filler materials shall completely fill these joints to within '/< inch of any surface of the concrete. Excess filler material shall be trimmed off to the specified dimension in a neat and workmanlike manner. During the placing and tamping of the concrete, the filler strips shall be held rigidly and securely in proper position. 5.3 Other Joints: a. Weakened Plane Joints shall be straight and constructed in accordance with Subsection (b) or (c) below, unless otherwise shown on the Plans. In the sidewalks, joints shall be transverse to the line of work and at regular intervals not exceeding five (5) feet. At curves and walk returns, the joints shall be radial. In curbs and curb and gutters, joints shall be at regulaz intervals not exceeding fifteen (15) feet. Where curbs and curb and gutters are adjacent to concrete pavement, the joints shall be aligned with the existing pavement joints where practical. Page 23 of 68 b. Control Joint: After preliminary trowelling, the concrete shall be parted to a depth oi' 2-inches with a straight edge to crease a division in the course aggregate. The concrete; shall then be refloated to fill the parted joint with mortar. Headers shall be marked to locate the weakened plane for final joint finishing, which shall be accomplished with a jointer tool having a depth of %z inch and a radius of 1/8 inch. The finished joint opening shall not be wider than 1 /8 inch. c. Plastic Control Joint: The joint material shall be a T-shaped plastic strip at least 1 •- inch deep, having suitable anchorage to prevent vertical movement, and having a removable stiffener with a width of at least 3/4 inch. After preliminary trowelling, the concrete shall be parted to a depth of 2 inches with a straight edge. The plastic strip shall be inserted in the impression so that the upper surface of the removable stiffener is flush with the concrete. After floating the concrete to fill.all adjacent voids, the removable stiffener shall be stripped. During final trowelling, the edges shall be stripped. During final trowelling, the edges shall be finished to a radius of 1/8 inch, using a slit jointer tool. Page 24 of 68 CITY OF PORT ARTHUR BID PROPOSAL . Bid Opening Date: July 29, 2009 Bid Proposal For: SLIP-FORM PLACEMENT OF CONCRETE AND CONSTRUCTION OF CONCRETE SIDEWALKS, DRIVEWAYS AND WHEEL-CHAIR RAMPS The undersigned ~ ,doing business in the; City/Town of ,submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID DATA: ITEM UOM UNIT PRICE 1. Placement of City Standard curb and gutter section per drawing and specification , as called for in Section 1 a. Less than 100 feet LF $ b. 100 feet or more LF $ 2. Placement of City Standard curb and gutter section per drawing anal specification, as calledfor in Section 2 a. Less than 100 feet b. 100 feet or more , ~i 3. Placement of City Standard upright curb, per drawing and specification as called for in Section 1 ; a. Less than 100 feet b. 100 feet or more 4. Placement of City Standard upright curb, per drawing and specification as called for in Section 2 `: a. Less than 100 feet b.. 100 feet or more LF $ LF $ LF $ LF $ LF LF Page 25 of 68 i 5. Construction of 4' wide sidewalk @ 4~" thick per drawing and'' spe~~ifications a. Less than 100 feet LF $ I b. 100 feet or more LF $ 6. Construction of 5' wide sidewalk @ 4" thick per specifications a. ]Less than 100 feet LF $ b. 100 feet or more LF $ 7. Construction of sidewalks greater than 5' wide @ 4" thick per specifications a. Less than 100 square yards SY $ b. 100 square yards or more SY $ 8. Construction of residential :driveway @ 4" thick per specifications a. Less than five (5) ~ SY $ b. Five (5) or more SY $ 9. Construction of residential.driveway @ 6" thick per specifications a. Less than five (5) SY $ , b. Five (5) or more ~~ SY $ 10. Wheelchair Ramp per specifications a. Less than five (5) EA $ b„ Five (5) or more EA $ Page 26 of 68 i it 'i Receipt of addenda is acknowledged: No. 1 Dated Received ,~ ~f COMPANY NAME STREET ADDRESS SIGNATURE OF BIDDER PO.. BOX (PRINT OR TYPE NAME) ~ CTTY STATE ZIP TITLE AREA CODE TELEPHONE NO. ,. EMAIL Page 27 of 68 BID OPENING DATE: July 29.2009 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 28 of 68 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 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 fiuher agree to pay succeeding debts as they become due. NAME OF OFFEROR: TITLE ADDRESS CITY/STATE/ZIP TELEPHONE NUMBER SIGNATURE STATE COUNTY SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 29 of 68 CONFLI(:T OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or ather 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 Government Code by a person who has a business relationship as defined by Section 176.001 (1=a) with a local governmental entity and the person meets requirements under Section 176.006 (a). By law 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 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 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 questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7~' bu;siness 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. 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 businesso 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 filer 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 employment or business relationship with the local government officer named in this section. 4. Si nature oaf person doing business with the governmental entity Date Page 30 of 68 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 agreement and shall be subject to each provision of this Contract. REPORTS AND INFORMATION: The CONTRACTOR, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken 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 reports, information, data, etc., prepared or asserribled by the CONTRACTOR under this Contract are confidential and CONTRACTOK agrees that they shall not be made available to any individual or organization without the prior writte;n approval of the CITY. COPYRIGHT: No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright 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, guard fences or other protective facilities. CERTIFICATES AND PERMITS: Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities ail necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. Page 31 of 68 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 are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. 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 paragraph 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. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and 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 Archi.tect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and exluipment, 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 Archi~.tect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the 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 Archiaect/Engineer, 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 Archi.tectlEngineer in writing of any deviations at the time he furnishes such drawings. Page 32 of 68 MATERIALS. SERVICES AND FACILITIES: It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materiials, 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 regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the OWNER. CON'TRACTOR'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 b;y 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, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance wifh specifications and suitability for uses intended. "OR EOUAL" 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 ar equipment of other manufacturers and vendors which will perform adequately the duties imposed by th.e 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 Archiitect/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 hi.s 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 crr 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, withc-ut exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all Page 33 of 68 claims, for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark 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 maybe obliged to pay by reason of such infringement at any time during the prosecution of the work oi• after completion of the work. SURVEYS: Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the CONTRACTOR all surveys necessary for the execution of the work. CON'TRACTOR'S OBLIGATIONS: The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer asgiven from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS: (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00„) Durir-g 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 s ., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et s ., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTOR'S and Subcontractors shall furnish to the OWNER the following: • A 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 c-f 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 there under. • 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 34 of 68 • Agreement by the CONTRACTOR that he will include, or cause to be included, the criteria and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action. as the government may direct as a means of enforcing such provisions. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION 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 daziger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. An.y 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 i~ajury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 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. NATIONAL HISTORIC PRESERVATION ACT OF 1966: The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found andlor unearthed during the course of project construction and to consult with the State Historic Preservation Officer far recovery of the items. (Reference: National Historic Preservation Act of 196b(80 Stat. 915, 16 U.S.(:. 470) and Executive Order No. 11593 of 1VIay 31, 1971). Page 3S of 68 REQUIRED PROVISIONS DEEMED INSERTED: Each and every provision of law anti clause required by law to be inserted in this Contract shall be deemed to be inserted herein anti the Contract shall be read and enforced as though it were included herein, and if through. mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION: In order to protect the lives and health of his employees under the Contract, the CONTRACTOR shall comply with al.l pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant„ appliances and methods, and for any damage which may result from their failure or theiir 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 consent of the CONTRA(TOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing 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 appearance. • 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 36 of 68 QUANTITIES OF ESTIMATE: Wherever the estimated quantities of work to be done an<i materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, anti 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 RIGHTS-OF-WAY: Prior to the start of construction, the OWNER shall obtain all lands and rights-of--way necessary for the carrying out and completion of work to be performed under this CONTRACT. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS: The Contract Documents are a~mplementary 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 relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR car 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 arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CON'CRACTOR'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 hi.s own work. SUBCONTRACTING: The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of work which, under normal contracting practices, are performed by specialty Subcontractors. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning th.e proposed award to the Subcontractor, which statement shall contain such information as the OWNER may require. Page 3'7 of 68 The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of hits Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The C:ONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. Nothing contained in this Contract shall create any contractual relation between amy Suba-ntractor and the OWNER. ARCHITECT/ENGINEERS AUTHORITY: The Architect/Engineer shall give all orders anti directions contemplated under this Contract and Specifications, relative to the execution of the work. The ArchitectlEngineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. MEANING OF INTENT: The Architect/Engineer shall decide the meaning and intent of any portian of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 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 contain 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 servic;es rendered or materials supplied for the performance of the work called for in this Contract. MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle„ If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. Page 38 of 68 ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE: The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and 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 Payrrient Bonds. PAYMENTS BY CONTRACTOR: The CONTRACTOR shall pay (a) for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools and other expendable equipment to the extent of ninety percent (90%) cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c) to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 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 furnish on forms to be supplied by the OWNER (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 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 calendar month under this Contract, not later than the twentieth (20) day of each calendar 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 an the site and preparatory work done may be; taken into consideration. Page 39 of 68 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 Subcontractors, 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, furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged or waived. If the CON'T'RACTOR 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 furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be. resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the: CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER. shall be deemed the 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 ArchitectlEngineer 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 forthwitl.i 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 ArchitectlEngineer shall be equitable. SUBSURFACE CONDITIONS FOUND DIFFERENT: Should the CONTRACTOP', 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 ArchitectJEngineer 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 Flans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. Page 40 of 68 CLAIMS FOR EXTRA COST• No claim for extra work or cost shall be allowed unless the; same was done pursuant to a written order of the Architect/Engineer 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 subparagraph 52(c) of the General Conditions;, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 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. Chazges 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 construction plant and equipment during the time: of use on the extra work; 4) Power and consumable supplies for the operation of power equipment; 5) Insurance; 6) Social Security and old age unemployment contributions. To the cost under "The actual cost" there will be added a fixed fee to be agreed upon but: not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the: cost of supervision, overhead, bond, profit and any other general expenses. 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 adjustedl accordingly, and the consent of the Surety being first obtained where necessary or desirable. A11. the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and nee 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. TIME FOR COMPLETION AND LIOUIDAI'ED DAMAGES: It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done; hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR. and the OWNER, that the time for the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Page 49 of 68 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; calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. 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 sustaiin, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time tc- time by the OWNER from current periodical estimates. It is fttrthe;r agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the; completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was riot 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 embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because; of rainy weather on that day. • Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and prc-viding 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 agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4 calendar days added for each one (1) regular day of work lost). Fractional calendar days will be rounded to the nearest whole number of days. Provided, further, that the CONTRACTOR shall, within ten (10) days from the beginning 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 matte,~r. Page 42 of 68 Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of an}~ 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. WEATHER CONDITIONS: In the event of temporary suspension of work, or during inclement weather, or whenever the Architeet/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 Architect/Engineer, 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 bc; removed and replaced at the expense of the CONTRACTOR. PROTECTION OF WORK AND PROPERTY-EMERGENCY: The CONTRACTOP'. shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such 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 and/or safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall bc; 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 emergence 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 inspec,~t 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 ~~nploy 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 Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 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 payrolll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified) the full amount due at time of payment Page 4:3 of 68 computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by reference), regardless of any contractual relationship which may be alleged to exist between the CON'T'RACTOR or any Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose of this clause;, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations,. Also, for the purpose of this clause, regular contributions made or costs incurred for more than .a weekly period under Plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. UNDERPAYMENTS OF WAGES OR SALARIES: In case of underpayment of wages b;y 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 maybe disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wage determination. ANTICIPATED COSTS OF FRINGE BENEFITS: If the CONTRACTOR does not make payments to a trustee or other third person, he may consider, as part of the wages of any laborer or mechanic, the amount of any costs reasonable anticipated in providing fringe benefits under a Plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the CONTRACTOR must be submitted to the OWNER with the first payroll filed by the CONTRACTOR subsequent to receipt of the findings. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: TITLE 40 U.S.C.,SECTIONS 327-332 Overtime Requirements: No CONTRACTOR or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty (40) hours in such work week. Violation -Liability for Unpaid Wages Liquidated Damages: In the event of any violation of the clause set forth in paragraph (a), the CONT:[tACTOR and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such Page 4~ of 68 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 Dollazs ($10.1) for each calendar day on which such employee was required or permitted to work in excess of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (a). 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 be determined to be necessary to satisfy any liabilities of such CONTRACTOR or Subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). 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 Subcantracts 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 are employed an<i individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, o:r 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 rat 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 rat a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. 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 are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and 'T'raining. 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. An;y 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 45 of 68 performed. The CONTRACTOR or Subcontractor will be required to furnish 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 anti wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until aai 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 C;FR Part 30. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED: No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION: TJnlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.:5 (a) (1) (ii). 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 fi-inge 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. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS: The applicable wage poster and the applicable wage determination decisions with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, i.f any, i.n 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. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES: No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to hi.s employer. Page 46 of 68 CLAIMS AND DISPUTES PERTAINING TO WAGE RATES: Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reparted by the CONTRACTOR in writing to thE; OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 4UESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS• All questions arising under this Contract which relate to the application or interpretation of (a;) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and ti~rban 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. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR: The CONTRACTOR and each Subcontractor shall prepaze his payrolls on forms satisfactory to and in accordance with. instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls o:f the CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOF'. shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR anti each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-Bacon Act), daily and weekl~~ 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 anti 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. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES: The transporting of materials and supplies to or from the site of the project or program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles„ supplies or equipment on the site of the project Page 4~ of 68 or program to which this Contract pertains by persons employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which these Federal Labor Standards Provisions are applicable. INELIGIBLE SUBCONTRACTORS: The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcantracteci 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 awarci 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 the work covered bey this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontracts which they may enter into, together with a clause requiring such insertion in an:y further Subcontracts that may in turn be made. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS: In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontract covers any of the work covered by this Contract, shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. EMPLOYMENT PRACTICES: The CONTRACTOR (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction Subcontract. 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 other manner whatsoever, induces any person employed in the construction, prosecution, completion or repair of any public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under this Contract of employment, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S and Subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each Contractor and Subcontractor shall Page 48 of 68 furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Cade) 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 are found in Title 29', Subtitle A, Code of Federal Regulations, Part 3. The term "this part", as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations follow in Section 79. LABOR-TITLE 29 CFR PART 3: This part prescribes "Anti-Kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any Contract which is subject to federal wage standards and which is for the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. This part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally-assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g. the College Housing Act of 1950, the Federal Water Pollution Control. Act and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work. Hours Standards Act whenever they are applicable to construction work. This part details the obligation of CONTRACTOR'S and Subcontractors relative to the weekly submission o~f statements regarding the wages paid on work covered thereby, sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work and delineates the methods of payment permissible on such work. SECTION 3.2 DEFINITIONS AS USED IN 'TIiIS PART: The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing ar 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 furnishing of materials, articles, supplies or equipment (whether or not a federal or state agency acquires title to such materials, articles, supplies or equipment during the course of the manufacture or furnishing or owns the rnaterial.s from which they are manufactured or furnished) i.s 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 particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from th.e building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work by persons employed at the site by the CONTRACTOR or Subcontractor. The terms "public building" or "public work" include building or work for whose construction, prosecution, completion or repair, as defined above, a federal agency is a contracting party, regardless of whether title thereof is in a federal agency. Page 4!9 of 68 The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution completion or repair, as defined as above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a federal agency. The term does not include building or work far 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 ins "employed" and receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. The term "any affiliated person" includes a spouse, child, parent or other close relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR or Subcontractor; a corporation closely connected with the CONTRACTOR or Subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. The term "federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock which is beneficially owned by the United States, by the District of Columbia or any of the foregoing departments, establishments, agencies and instrumentalities. WEEKLY STATEMENT WITH RESPECT TO PAYMENT 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 are 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 furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and .S 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 fornn WH 348, "Statement of Compliance", or on identical form on the back of WH 347, "Payroll (far 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 sectian subject to such conditions as the Secretary of Labor may specify. Page 5U of 68 SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS: Each weekly statement requiredi under § 3.3 shall be delivered by the CONTRACTOR or Subcontractor, within seven (7) days after the regular payment date of the payroll period, to a representative of OWNER in 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 an;y 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 ou.t 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. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE SECRETARY OF LABOR: Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. Any deduction made in compliance with the requirements of federal, state or local law, such as federal or state withholding income taxes and federal social security tax. Any deduction of sums previously paid to the ennployee 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 ear 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 similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) the deduction is not otherwise prohibited by law; (2) it is either (i) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained directly c-r Page 5'1 of 68 indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in the form of comrr~ission, dividend or otherwise; and (4) the deductions shall serve the convenience anti interest of the employee. Any deduction contributing toward 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 similar charitable organizations. Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. 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 Standards Act of 1938, as amended, and Fart 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 THE SECRETARY OF LABOR: Any CONTR,~CTOR 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 ar benefit directly or indirectly from the deduction either in the form of a commission, dividend ar otherwise; THE DEDUCTION IS NOT OTHERWISE PROHIBITED BY LAW: The deduction is either (1) voluntarily consented to by the emplayee in writing and in advance of the period i:n which the work is to be done and such consent is not a condition either for the obtaining oaf employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Suba~ntractor and representatives of its employees; The deduction serves the convenience and interest of the employee. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR: Any application for the making of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: The application shall be in writing and shall be addressed to the Secretary of Labor. Page 52 of 68 The application shalt identify the Contract or Contracts under which the work in question is to bE; performed. Permission will be given for deductions only on specific, identified Contracts, except upon a showing of exceptional circumstances. The application shall state affirmatively that there is compliance with the standards set forth in the provisions of §3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. 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 are to be transmitted and the affiliation of such person, if any, with the applicant. SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS: The Secretary of Labor shall decide whether or mot the requested deduction is permissible under 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 are 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 regard, see §5.5(a) of this subtitle. EQUAL OPPORTUNITY PROVISIONS (E.O. 11246): Activities and Contracts Subject too Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts under Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Page 5:3 of 68 The C'.ONTRACTOR 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 wild receive consideration for employment without regard 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 are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 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 behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard 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 bargaining agreement or other contract or understanding, a notice to be provided3 by the Contract Compliance Officer advising the said labor union or workers' representatives of the C'.ONTRACTOR'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The (:ONTRACTOR will comply with all provisions of Executive C}rder 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 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 maybe declared ineligible for further government CONTRACTOR'S or federally assisted construction Contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided bylaw. Page 54 of 68 The CONTRACTOR will include the portion of the sentence immediately preceding paragraphs (1}and the provisions of paragraph (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any Subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontract o:r 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 contractslsubcontracts exceeding Ten Thousand Dollars ($10,000). The Offeror's or Bidder's attention is called to the; "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered area, are as follows: Timetable Goals for Minority Participation for Each Trade Goals for Female Participation in Each Trade These goals are applicable to all the CONTRAC'TOR'S construction work (whether or not it is federal or federally assisted) performed in the covered area. The C;ONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CON'TRACTOR'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 perfonmed. The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10;1 working days of award of any construction subcontract in excess of $10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; Page 55 of 68 estimated starting and completion dates of the Subcontract; and the geographical area 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. Standard 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, regardless of race); Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and American Indian or Alaskan Native (all persons having origins in any of the original peoples o~f 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 participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other CONTRACTOR'S ear Subcontractors toward a goal in an approved Plan does not excuse any covered Page 56 of 68 CONTRACTOR'S or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. The (:ONTRACTOR shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these Specifications. The goals set forth in the solicitation from which. the Contract resulted are expressed as percentages of the total hours of employment anti training of minority and female utilization the CONTRACTOR should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered construction CONTRACTOR'S performing construction work in geographical areas where they do not have a federal or federally assisted construction Contract shall apply the minarity an<i female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Procurement Contracting Officers. The CONTRACTOR is expected to make substantially uniform progress toward its goals in each craft during the period specified. Neither the provisions of any collective bargaining agreement nor the failure by a union with whorr- the CONTRACTOR has a collective bargaining 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 employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department 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 harassment, intimidation and coercion at all sites and in all facilities at which the CONTRA.CTOR'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 foremen, superintendents and other on-site supervisory personnel are aware of and carry out the CONTRACTOR'S obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 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. Page 5'7 of 68 Maintain a current file of the names, addresses and telephone numbers of each minority andl female off-the-street applicant and minority or female referral from a union, a recruitment source; or conununity organization and of what action was taken with respect to each such individual. IiF such individual was sent to the union hiring hall for referral and was not referred back to the; CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be docurYiented 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 bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR'S efforts to meet its obligations. Develop on-the-job training opportunities and/or participate in training programs for the area which. expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant t:o the CONTRACTOR'S employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 7b above. Disseminate the CONTRACTOR'S EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement.; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all mincrity and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 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, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, 13eneral Foremen, etc., prior to the initiation oaf 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 oaf 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 othex CONTRACTOR'S and Subcontractors with whom the CONTRACTOR does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving; the CONTRACTOR'S recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the election process. Page 58 of 68 Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority andl female youth both on the site and in other areas of a CONTRACTOR'S work force. 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 encourage these employees to seek or to prepare 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 anti employment related activities to ensure that the EEO policy and the CONTRACTOR'S obligations under the Specifications are being can-ied out. Ensure that all facilities and company activities are non-segregated except that separate o:r 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 an<i 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 supen~isors' 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 shall 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 affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the CONTR,~CTOR may be in violation of the Executive Order if a particular group is employed in a substantially dispazate 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). Page 5~3 of 68 The C'.ONTRACTOR shall not use the goals and timetables or affirmative action standards toy discriminate against any person because of race, color, religion, sex or national origin. The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred fromi 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 may be unposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. The CONTRACTOR, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 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 may be 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 area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING EMPLOYMENT AND BUSINESS OPPORTUNITIES: During the performance of this Contract, the CONTRACTOR agrees as follows: The <:ONTRACTOR 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 there under. The "Section 3 clause" set forth in 24 CFR 135.2'.0(b) shall form part of this Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract Documents". Page 60 of 68 CONTRACTOR'S shall incorporate the Section 3 clause shown below and the foregoing requirements in all Subcontracts. Section 3 clause as set forth in 24 CFR 135.20(b): The work to be performed under this Contract is c-n 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 area and Contracts for work in connection with the project be awarded to business concerns which are: located in, or owned in substantial part by persons residing in, the area of the project. 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 there under prior to the; execution of this Contract. The parties to this Contract certify and agree that they are under nc- contractual or other disability which would prevent them from complying 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 wc-rkers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous 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 13S and all applicable rules and orders of the Department issued there under prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the applicant or recipient, or its CONTRACTOR'S and Subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. C1VIL RIGHTS ACT OF 1964: Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjecte~3 to discrimination under any program or activity of the City. Page 6'I of 68 SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974: No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part: with funds made available under this title. 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 an~~ 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, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings., reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 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 famished 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 discharge of the Contract. MAINTENANCE 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 by law or by any applicable special guarantee required b;y 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 nc-t promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONfTRACTOR under paragraph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision Page 6.? of 68 in pazagraph 14 as will arise under the laws of t:he State of Texas and such pazagraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the: obligations of paragraph 14. ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.C.A. Sec. 1, et sea. (1973). FEDERAL LABOR STANDARDS PROVISIONS: These provisions are 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) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses anti impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim., 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 l~xality 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 ($10.00) per day for each laborer, or workman, o~r mechanic who is not paid the stipulated wage for the type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after full :investigation by the awarding body, the amount of this penalty in any payment that might be claimed by the CONTRACTOR responsible for the acts of the Subcontractor in this respect. The Article likewise requires that the CONTRACTOR and Subcontractor keep an accurate record of the names and occupations of all persons employed by him and show the actual per diem wages paid to each worker, and these records aze open to the inspection of the OWNER. PLACEMENT OF HMAC SURFACE: The Contractor shall furnish all labor, supervision and equipment to complete the placement of HMAC surface on designated street projects in the City of Port Arthur, as well as all incidental items required to complete the work. The City shall provide all necessary materials for the work. Work shall be in accordance with these Technical Specifications and drawings, and the duration oi'the contract shall be for one (1) calendar year from the date of award. Page 6;3 of 68 APPENDIX "A" FORM FOR REQUEST FOR TIME EXTENSION Page 64 of 6$ 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 77640-1.089 ATTENTION: Ross E. Blackketter. P.E., City Engineer/Director of Public Works Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified (list dates actually lost: do not include: days not normally worked such as Saturdays, Sundays, or holidays): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Dates Lost: Days Lost (_~ / 5 x 7 = Calendar Days Requested Reasons for Request: Contractor ' By: ^^~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~r~~~~~r~ _ Approved for extension of calendar days. -Disapproved. D THUR TEXAS ate.- , 20 CITY OF I ORT AR , BY_ City Manager Page 65 of 68 APPENDIX "B" Page 66 of 68 CHANGE ORDER NO. Page 1 of 2 Date: Agreement Date: _ Name of Product: Owner: Contractor: The following changes aze hereby made to the Contract Documents: Chance to Contract Price Original Contract Price: Current Contract Price (adjusted by previous Cha~ige Order):$ The Contract price due to the Change Order will be (increased/decreased) by: $_ The new Contract Price including the Change Order will be: $ Change to Contract Time Original Contract Time: Current Contract Time (adjusted by previous Change Order): Current Date of Completion: Contract Time due to this Change Order will be increased by: New Contract Time including this Change Order will be calendaz days. The new Date of Completion of all work will be: Page 2 of 2 Page 6T of 68 Date: Change Order No: Name of Product: No other terms of conditions of the Contract are changed as a result of this Change Order. Contractor's acceptance of this Change Order relieves the City of any liability for additional costs incurred by the Contractor in his performance of the work covered by the Change Order. Recommended By Engineer: Requested By: Signature Contractor, Office or Owner Attest for Contractor Corporate Seal 'I Ordered By: City of Port Arthur, Texas ~~ Accepted By: E '~. !~ City Manager, City of Port Arthur i~ City Secretary City Seal Approved As To Form: City Attorney Page 68. of 68 3 CITY OF PORT ARTHUR BID PROPOSAL . i Bid Opening Date: Jnly 29, 2009 Bid Proposal For. SLIP FORM PLACEMENT OF CONCRETE AND CONSTRUCTION OF CONCRETE SIDEWALKS, DRIVEWAY'S AND WHEEL-CHAIR RAMPS The undersigned e y t~ ~ l~ ~ ,doing business in the City/Town of _ ~ o v s~~n TX - ,submits herewith, in conformity with the General Instructions, Conditions, and Specifications for the following Bid: OUTLINE OF BID DATA: ITEM UOM UNIT PRICE 1. Placement of city Standard cairb and gutter section per drawing and specification , as called for in Section 1 a. Less than 100 feet LF $ 1 ~ . ~ .2 _ b. 100 feet or more ~~ LF $ 1 ~ ~ ~ 8 _ 2. Placement of City Standard curb and gutter section per drawing and specification, as called~for in Section 2 a. Less than 100 feet LF $ i g f ~ Z b. 100 feet or more LF $ 1 ~ e 3 g 3. Placement of City Standard upright curb, per drawing and speeific~tion as called for in Section 1 ; a. Less than 100 feet LF $ I ~ - ~ ~ b. 100 feet or more LF $ ~ S - `~ ~ 4. Placement of City Standard upright curb, per drawing and specification as called for in Section 2 s a. Less than 100 feet LF b. 100 feet or more ~ ~ LF $ ~ ~~ ~8 $ t S, y~ 5 Page 25 of 68 7 5. Construction of 4' wide sidewalk • (a~ 4" thick per drawing ands specifications a. Less than 100 feet LF b. 100 feet or more LF F 6. Construction of 5' wide sidewalk (a3.4" thick per specifications a. Less than 100 feet LF b. i 00 feet or more LF '7. {;onstruction of sidewalks greater than 5' wide ~ 4" thick per specifications a. Less than 100 square yards SY k lb. 100 square yards or mode SY 8. Construction of residential driveway @ 4" thick per specifications a. Less than five (5) a SY b. Five (5) or more SY 9. t;onstcuction of residential:driveway (aJ 6" thick per specifications a. Less than five (5) SY b. Five (5) or more - SY 10. 'Wheelchair Ramp per specifications a. Less than five (5) EA h. Five (5} or more EA $ ~I o. 8 0 ~ 3 ~. ~f Q _ $ Si~o© g ~ 6 ° -~ S - $ ~{•8© $ ~ ~~ rs ~ 4!r So s ~~.so ~ ~3~.~a $ 1 3~.~ ~D $ 800. ©o ~ gob . ~s J Page 2Ei of SS i Receipt of addenda is acknowledged: No. 1 Dated ~ Received :t y A c~vMa 1NC. COMPANY NAME cgs s NtA~C~tJr''t ~o~ st1~ - ~ z/~.o STF.EET ADDRESS SIGNATURE OF BIDDER ~ PO.. BOX (PRINT OR TYPE NAME) ~ CTI`Y STATE ZIP ~~-~si4~~N~ ~ ~~~~ X88 0838 TITI~E ~ AREA CODE TELEPHONE NO. ~f g~S'yS , M©r~n~ ~Cif~0.GOT~, GO/~'l EMAIL Page 27 of 68 BID OPENING DATE: Jnly 24.2009 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 ~ YM ~ ~ N C . ADDRESS ~~ ~J J Iu A lU ~ V ~~ t2Q . .~ V 4TE ~ 1 d CITY/STATE/ZIP ~" ~ 4 USTO ti ~~ ~ ~ ~ ~ SEND PURCHASE ORDER TO: COMPANY ~Y t'VtA I1~1 C . ADDRESS a. ~ S S Jet /4.u ~ y M !~ ©• cS y ITC +-110 CITYJSTATE/ZIP ~(? vS'TON 'T"X ~ ~ O °t TAX IDENTIFICATION NUMBER ~ ~ _ ~ ~ ~ ~ S Page 28 of B8 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 following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, T agree to pay succeeding debts as they become due during this agreement. I hereby certify that I do Save; 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 o ave 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: ~ ~1H A I ~ C• ~•.~ ~.Sv $ ~ M62~0 ~~ TITLE P!~£S to C'~V t ADDRESS „2F3 ,S S til A,N ~~ U ~~ V2~ , S' ~ i ''~'Q ~ t 6 CITY/STATE/ZIPS ~ (5 US'Ti .~ ogz TELEPHONE NUM1~lI, ~ ~ ~ ~ L~ S SIGNATURE 5TATE ~" \ COUNTY SUBSCRIBED AND SWORN to befone me by !~ .~Y'~ on 'this the day of 2~ . ~/ Public named RETURN THIS AFFIDAVIT AS PART OF THE SID PROPOSAL ~,~,ra,,~ ~~.ta&~ ~f~ ~'~i~~:~iN i 9~~~ ~lotarv ;~u~iC F? r.~y ~~?~!shl. Exp. Q:i-21-11 Page 28 of 68 ~:ertificate at Account Status -Letter of Good standing u M F tt:f PS• TExas ~oMPTRQLLER o~ Pl.1BLlC Acc~oum•s SltSA1`I COMt3S • COMPTRO[..[.F:R • At1STil`l, TCXAS 78774 July 27, 2009 CERTIFICATE OF ACCOUNT STATUS THE SPATE OF TEXAS COUNTY OF TRAVIS Yage 1 of 1 I, Susan Combs, Comptroller of Public Accounts of the State of Texas, DO HEREBY CERTIFY that according to the records of this office CYMA INC is, a:s of this date, in good standing with this office having no franchise tax reports or payments due at this time. This certificate is valid through the d~ste that the next franchise tax report will be due November 16, 2009. This certificate does not make a representation as to the status of the entity's registration, if any, with the Texas Secretary of State. This certificate is valid for the purpo:~e of conversion when the converted entity is subject to franchise tax as required by law. This certificate is not valid for any other filing with the Texas Secretary of State. GIVEN UNDER MY HAND AND SEAL OF OFFICE in the City of Austin, this 27th day of July 2009 A.D. Susan Combs Texas Comptroller Taxpayer number: 32022719424 File number.: 0800736606 Form 05-304 (Rev. 12-07/17) http://ecpa.cpa.state.tx.usJcoa/servlet/cpa.app.coa.Coa]Letter 7!27/2009 REFERENCES CYMA INC. 1: Consuiado General de M4xico en Houston TX 4507 San Jacinto St Houston TX 77004 Consul Alterno Roherto Canseco Phone ;~13-2716800 Fax: (713j 779-0701, 772-1229 E-mail rcanseco ~sre.ROb.mx Projects 2007-2008 Construction and remodeling of fourth story building, addition of two floors concrete base, concrete subfloor, 8,000 sq ft of new construction, 36000 sq ft of remodeling, sheetrock, ceramic tile, restrooms, suspended ceilings, electrical„ HVAC, plumbing, painting Value of projects $ 894,083.44 (eight hundred ninety Four thousand eighty three and 44/100 dollars) $ 232,194.00 US Dolls. (Two hundred thirty two thousand one hundred ninety four and 00/100 dollars). Completion October 2007 to September 2008 2.- Consuiado de Mexico en New Orleans LA 901 Convention Center Blvd. Suite 119 New Orleans lA 70130 Phone 504 5617690 Fax: {504) 528-3724 E-mail a a~ rciagS~sre.~ob.mr Project 2008 Remodeling 9000 sq ft offices and public service, shee~trock, plumbing, electrical, flooring, carpet, suspended ceilings, doors, painting etc. Value of Project $200,000.00 (Two Hundred Thousand and 00/100) Completion dates April 20 to May 20 2008 3. -Cambridge Realty 901 Convention Center Blvd # 114 New Orleans, LA 70130 John Roussel (504) 522-0548 (504) 529-3594 jroussel@cambridgerealtywest.com Repaint entire exterior of building locate in 901 Convention Center Blvd. New Orleans LA 8 floors parking building approximately 50,000 sq ft Value of Project $117,000.00 (one hundred seventeen thousand and 00/100) Completion 30 days May to tun 2008 COMMON POLICY DECLARATIONS Colony Insurance Company 8720 Stony Point Parkway, Suite 300 Richmond, VA 23235 Underwritten By Colony Management Services, lnc. 1. NAMED INSURED and MAILING ADDRESS: CYMA, INC. 2855 MANGUM RD., STE. 410 HOUSTON TX 77092 POLICY NUMBER GL3706158 RENEWAL OF GL3571329 PDO CODE 91F PRODUCER: 42023 MYRON F. STEVES & COMPANY 3131 EASTSIDE, SUITE 600 HOUSTON T'X 77098 2. POLICY PERIOD: From 08/14/2008 to 08/14/2009 12:01 A.M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND ,SUBJECT TO ALL THE TERMS OF THIS POLI(:Y, WE AGREE WITH YUU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. 3. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Commercial General Liability Liquor Liability Commercial Property Commercial Crime Commercial Inland Marine Commercial Farm and Ranch Owners And Contractors Protective Coverage for Certified Acts of Terrorism Rejected; Exclusion Attached. {Per Policyholder Disclosure TRIA2002Notice attached.) I=LILLY EARNED- POLICY FEE :iTATE TAX STAMPING FEE :?5% MEP TOTAL $ 2,8s4.~oo $ NOT CO\/FRED $ NOT COVERED $ NOT CO\/FRED $ NOT COVERED $ NOT COVERED $ NOT CO\/FRED $ NOT COVERED $ 2,864.00 $ 200.OC) $ 148.60 $ 1.84 Premium shown is payable at inception. Total Policy Premium: $ 3„214.44 4. FORMS APPLICABLE TO ALL COVERAGE PARTS: See Schedule of Forms an+~ Endorsements - 0001 5. BUSINESS DESCRIPTION: RESIDENTIAL AND COMMERICAL MAINTENANCE AND REPAIR Countersigned: U9/04/08 I]ate ~ ~~~ By:. Authorized Representative Indudes copyrighted maderial of Mwrance Se+vices Office. Inc. rMh As permission. Cowrioht. krsurance Services Oliice. Inc.. 1994 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS This Coverage Part consists of this Declarations Form, the Common Policy Conditions, the Commercial General liability Form and the Endorsements indicated as applicable. (See "COMMON POLICY DECLARATIONS" for Items 1 and 2) POLICY NO. GL 3706158 NAMED INSURED CYMA, INC. 3. LIMITS OF INSURANCE General Aggregate Limit (Other Than Products -Completed Operations) $ 2,000,000 Products Completed Operations Aggregate Limit $1,000,000 Personal & Advertising Injury Llmlt $1,000,000 Each Occurrence Limit $1,000,000 Damage To Premises Rented To You Limit $ 100,000 Any One Premises Medical Expense Limit $ 5,000 Any IJne Person RETROACTIVE DATE (CG 00 02 only) -Covers e A of this insurance does not apply to "bodily injury" ar "property l h b ~ ° ow. c>,nrn e, if any, s e which occurs before the Retroactive Da damage Retroactive Date: NONE (EMer Date or "None" if no Retroactive Date applies.) Location of All Premises You Own, Rent or Occupy (Same as Item 1 unless shown below): 2855 MANGUM RD., STE. 410 HOUSTON TX: 77092 CLASSIFICATION CODE NO. PREMIUM BASIS RATE ADVMNCE PREMIUM PR / CO ALL OTHER CARPENTRY - NOC 91342 P 16,ID00 39.406 6301. INCLUDED 91581 C 320,000 6.983 2,234. MP (NCbNN~01'~h7WITflRK - INCLUDED RECONSTRIJCTIbN, ERECTION OR REPAIR C3 COSROLL 4. FORMS /ENDORSEMENTS APPLICABLE: I TOTAL PREMIUM SEE SCHEDULE OF FORMS AND ENDORSEMENTS -FORM 0001 FOR THIS $ 2,864.00 ~~"rnwn~ c~wsr 5. FORM OF BUSINESS: Individual ~,lointventure PartnershipOrganization Ion,erll,~,Panna,~I,ipaJ~IMVeMUrc) ~ Corporation Audit Period: Annual unless otherwise stated: DCJ6553 (07-02) Includes Copyright material of Insurance Services Office, Mc. with its permission. r`.nn.,rinht Inc~~ronro Cnwicoc f1F£co Inn tORA Insured: CYMA, INC . `Policy Numk-er: GL3706158 SCHEDULE OF FORMS AND ENDORSEMENTS Forms, and Endorsements applying to and madle part of this policy at the time of issuance: NUMBER TITLE FORMS APPLICABLE - POLICY COMMON FORMS PJCG (04-08) COMMON POLICY JACKET DCJ6550 (C17-05) COMMON POLICY DECLARATIONS U001 (10-04) SCHEDULE OF FORMS AND ENDORSEMENTS U002 (09-04) MINIMUM POLICY PREMIUM U094 07-02 SERVICE OF SUIT U173 07-02 CANCELLATION UCG2175 (O1-08) - EXCL-CERT. ACTS OF TERRORISM AND OTHER ACT'S OF TERRORIS IL0017 (11-98~ COMMON POLICY CGNDITIONS IL0021 (04-98 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT MFS-1 06•-07 FORMS APPLICABLE - COMMERCIAL GENERAL LIABILITY DCJ6553 (07-02) U003 (07-02j U004 (07-07 U008CP (0'7-07) U015 10-07 U048 09-04 U070 03-08 U089 09-04 U122B (05-04) U155 (07-02~ U159 07-02 U180 07-02 CG0001 12-04 CG2138 11-85 CG2139 10-93 CG2167 12-04 COMMERCIAL GENERAL LIABILITY COVERAGE PART DEC7LARATIONS HAZARDOIIS MATERIALS EXCLUSION MISCELLANEOUS Ex:CLUSIONS ENDORSEMENT CONTRACTORS COVERAGE LIMITATIONS AND AUDIT DEMOLITION EXCLUSION EMPLOYMENT-RELATED PRACTICES EXCLUSION DEDUCTIBLE LIABILITY INSURANCE SUBSIDENCE EXCLi:fSION EXCLUSION - DESIGNATED WORK - RESIDENTIAL NEW CONSTRUCT ABSOLUTE AUTO, P.,IRCRAFT AND WATERCRAFT EXCLUSION LIMITATION OF COVERAGE TO BUSINESS DESCRIPTION OVER SPRAY PROPERTY DAMAGE EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCLUSION - PER~~ONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY LIMITATION FUNGI OR BACTERIA EXCLUSION Important notice: See the actual policy forms ;attached for the full title, terms and conditions. - Inns r~ n~na.~ P.InP. 1 of 1 TXC 6446295 U1 ORIGINAL COPY NYK 00 P CYliA INC AMERICA'S FIRST CHOICE INS AGC 281-583-35 2855 MANGUM RD STE 410 12802 WILLOW CENTER DRIVE #A HOUSTON T% 77092-755!i HOUSTON T% 77092 77066 THE INSURANCE AFFORDED IS ONLY WITH RESPECT TO THB FOLLOWING INDICATED COVERAGES WITH RESPECT TO EACH D~''t•ARrxn VEHICLE. THE LIMIT OF TSE COMPANY'S LIABILITY AGAINST SUCH COVERAGE SHALL BE STATED HBREIN, SUBJECT TO ALL THE TERMS OF THIS POLICY HAVING REFERENCE THERETO. ITEM THREE SCHEDULE OF COVERED AUTO:i YOU OWN COVERAGES COVERED AUTO FULL-TERM PREMIUM BI LIABILITY 7 $25,010 EA PERSON/$50,010 EA ACC $686.00 PD LIABILITY ? $25,010 EACH ACC:IIIENT $637.00 CO1~SP OR SPEC CAUSES 7 SEE VEHICLE SCHEDDULE FOR DEDUCTIBLE $293.00 OF LOSS -STD AMT FOR BACH COVBRED AUTO. LOLL-STD AMT 7 SEE VEHICLE SCHEDULE FOR DEDUCTIBLE $591.00 __ ___. FOR EACH COVERED AUTO. AUTOMOBILE THEFT PREVENTION AUTHORITY FEE (SEE ffiiCLOSED SBPLANATION) $3.00 COMBINBD UNIT PREMIUM $2,210.00 ATTACHMENT IDENTIFIED BY FORM NUMBER TE0001 0199 TE0017 0194 IL0021 0392 , T:E2305 0392 CY74 0605 , 6568 0103 TE9978A 0392 TE9917G Q895 . ISSUE DATE 01/11/2009 EXHIBIT C (City of Port Arthur) (Law Department) (Required Form) (~/else) (10/5/89) (3/15190) (p.2 Revised 9/18/90) CERTIFICATE OF STANDARD FORM CONTRACT. FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA ~ I certify that the contract (hereinafter called "said contract") affixed to the attached proposed City Council Resolution , No. is an exact duplicate of an applicable standard form contract (the title of which is shown below) previously approved by the Law department and adopted as a standard form by City Council Resolution, except for the. blanks that have been filled in wish all necessary information and except for the changes described below. The title of the applicable standard form contract is Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89 () Non-Federally Funded Construction Contract, Revised 1/5/88, 7/89, 8/89 ' (] Federal -Professional Services -Engineering Contract, Revised 1/5/88; 5/89 (§10) 7/89/(§8) , [ J Non-Federal -Professional Services -Engineering Contract, Revised 1/5/88, 5/89(§10), 7/89(§8), 4/91 • [) CDBG -Professional Services -Engineering Contract,-Revised 1/5/88, 5/89 (§10), 7/89(§8) '• [ ] Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 518`•)(§10), i'/89(§8). [ j Non-Federal -Professional Services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§'10), • 7/89(§8). [) CDBG -Professional services -Non-Engineering (Consultant) Contract, Revised 1/5/88, 5/89(§10), 7/89(§8). [ j Other Standard Form Contract, described as follows: The changes are as follows: (Put an "X" in the appropriate (J) j~None. • /( \) The tollowing described provisions at the indicated page, section, etc. of the standard Corm have been deleted from said contract: DELETIONS Page Number Where Deleted Provision Is Found On Standard Form Section or Paragraph No. and Caption Which Contains Provision Deleted From Form Subsection or Subparagraph No. and Caption Which Contains Provision Deleted From Form Description of Provision Deleted (p.2 Revised 9/18/90,) (Certifcate 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: ,~~ .~ .. ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC.. , ' Page § & caption • • ~ sub § & capttori, etc.• Sub § or Sub ~( No., of said conttract Page No. § or 1i No. & Caption & Caption bescription which contains Where of of of altered, etc. ' Provision Found Standard Form ~ ~ Standard Form Provision provision; & on which which In Description of Standard Form Contains Provision Contains Provision Standard Form Alteration etc: (j The following provisions have been added to Said Contract: • Page, Section and Caption Subsection and Caption, etc., of Said Contract Which Contains the Added Proyislori and Description T~-eteof I further 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 exce{~t 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 t.EtW Department in reviewing and apptovling (or rejecting) as to form and by the City Council in reviewing and adopting (or rejecting) said Resolution.and •~ Contract. Signed this D 7 ~ day of ,,~~,G•~...s r ~,~'1oU ~ . ~'. ~~ Department Head or / , • w__i_i_-_a r-.~• - .•