HomeMy WebLinkAboutPR 16724: AUTHORIZING EXECUTION OF ONE YEAR CONTRACT WITH HOLLIER CONSTRUCTION & ALUMINUM FOR SLIP-FORM PLACEMENT r
CITY OF PORT ARTHUR
PUBLIC WORKS DEPARTMENT
TO: Steve Fitzgibbons, City Manager
FROM: Ross E. Blackketter, P.E., Director of Public Works
SUBJECT: P.R. #16724 — Concrete Slip -form Placement
DATE: 06 October 2011
RECOMMENDATION:
It is recommended that the City Council approve Proposed Resolution No. 16724,
awarding a bid and authorizing the execution of a One (1) Year Contract for Slip -form
Placement of Concrete to Hollier Construction & Aluminum of Groves, Texas. This
contract will be awarded on a UNIT COST BASIS as listed below and will be utilized
for various City and CDBG funded street projects.
BACKGROUND:
This is an annual contract for the Slip -form Placement of Concrete. Two different bid
options were available for slip -form placement of curb and curb and gutter for this
contract: (1) the contractor providing labor, equipment, and materials, and (2) the
contractor providing labor and equipment only.
Bids were advertised in the Port Arthur News on 28 August 2011 and 04 September
2011. Bids were received and opened on 14 September 2011, with two (2) bids being
received for said contract. The low bid is as follows:
Hollier Construction & Aluminum, Groves, Texas
No. ITEM UNIT 2010 2011
Prices Prices
1. Placement of standard Curb LF No Bid No Bid
and Gutter Section (Contractor
provide materials)
2. Placement of standard Curb LF $3,000 min $3,000 min
and Gutter Section (City $7.75 for $7.75 for
provide materials) more than 100 LF or
387 LF more
3. Placement of standard Upright LF No Bid No Bid
Curb Section (Contractor
provide materials)
4. Placement of standard Upright LF $3,000 min $3,000 min
Curb Section (City provide $3.75 for $3.75 for
materials) more than 100 LF or
800 LF more
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1
Hollier Construction & Aluminum has provided this service for seventeen (17) of the
past eighteen (18) years, and their bid reflects a price consistent with last year for work
we secure most often (Items 2 and 4), with no bid for all other items. The City has had
a good experience with this contractor and found them to be very qualified. This bid
was reviewed by Public Works and Purchasing and found to be the fair market value for
this service.
BUDGETARY /FISCAL EFFECT:
Funds are provided in the Streets Division Budget, Accounts No. 001 -1203-
531.36 /51/86 and in the CDBG street project accounts.
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. 16724,
authorizing a One (1) Year Contract for Slip -form Placement of Concrete to Hollier
Construction & Aluminum on a UNIT COST BASIS. The prices bid for the various
categories of concrete work are reflective of the costs for this service and for the
quantities shown.
Ross E. Blackketter, P.E.
Director of Public Works
REB /reb
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P.R. No. 16724
10/06/11 reb
RESOLUTION NO.
A RESOLUTION AWARDING A BID AND AUTHORIZING THE
EXECUTION OF A ONE (1) YEAR CONTRACT BETWEEN THE CITY
OF PORT ARTHUR AND HOLLIER CONSTRUCTION & ALUMINUM
OF GROVES, TEXAS FOR SLIP -FORM PLACEMENT OF CONCRETE
ON A UNIT COST BASIS FOR VARIOUS CITY FUNDED AND CDBG
GRANT FUNDED STREET PROJECTS; PROPOSED FUNDING:
STREET DIVISION ACCOUNT NO. 001- 1203 - 531.36/51/86 AND
CDBG STREET PROJECT ACCOUNTS.
WHEREAS, periodically the City requires the services of a contractor to place
concrete curb and gutters and concrete curbs for various projects; and,
WHEREAS, the City advertised in the Port Arthur News on August 28, 2011 and
on September 4, 2011 for said services; and,
. WHEREAS, two (2) bids were received and opened on September 14, 2011, as
shown on Exhibit "A ", attached hereto and made a part hereof, for the above
referenced Contract and have been evaluated by the Public Works staff and Purchasing
Manager; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT the City Council of the City of Port Arthur hereby awards the bid for a one
(1) year contract for concrete slip -form placement of concrete curb and gutters and
concrete curbs, to the lowest responsible bidder to wit: Hollier Construction &
Aluminum of Groves, Texas; and,
P.R. No. 16724
Page 2
THAT the Mayor and City Manager of the City of Port Arthur be and they are
hereby authorized and directed to execute on behalf of the City, a Contract between the
City of Port Arthur and Hollier Construction & Aluminum for a one (1) year contract for
the above referenced services at various locations in the City of Port Arthur, Texas; and,
THAT the contract is awarded on a UNIT COST BASIS, as shown on Exhibit
"B" attached in part hereto and made a part hereof by reference, a complete copy of
which is available for review in the office of the City Secretary; and,
THAT, Hollier Construction & Aluminum of Groves, Texas shall sign this
resolution agreeing to the terms thereof; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2011
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Council members:
Noes:
Mayor
Attest:
City Secretary
P.R. No. 16724
Page 3
APPROVED AS FORM:
v
City Attorney
APPROVED FOR ADMINISTRATION:
Step en B. Fitzgibbons
City Manager
'
1 e/ ' /
1 lid If
Ross E. Blackketter, P. . Shawna Tubbs, CPPB
Director of Public Works Purchasing Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
AP./ %
Deborah Echols, CPA
Director of Finance
AGREED TO:
Hollier Construction & Aluminum
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EXHIBIT B
CONTRACT FOR CONCRETE SLIP -FORM PLACEMENT
THIS AGREEMENT, made this 1 day of November , 2011, by
and between the City of Port Arthur, a municipal corporation organized under the
laws of the State of Texas, hereinafter called "OWNER" or "CITY ", and
Hollier Construction & Aluminum a(n) Partnership herein acting
Individual, firm, partnership, or corporation
by and through Gordon Hollier hereinafter called "CONTRACTOR ".
WITNESSETH: That for and in consideration of the payment terms, conditions,
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from 01 November 2011 to
31 October 2012 .
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 $3,000 minimum $7.75/LF > 100 LF
(City provide materials)
Standard Upright Curb Section $3,000 minimum $3.75/LF > 100 LF
(City provide materials)
4. The term "Contract Documents" means and includes the following:
(A) Agreement
(B) Invitation to Bid
(C) General Information
(D) Specifications
(E) Bid
(F) Bidder's Information Sheet
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(G) Notice to Proceed
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in two (2) copies,
each of which shall be deemed an original on the date first written above.
OWNER CONTRACTOR
BY: BY:
Stephen B. Fitzgibbons
City Manager
Printed Name:
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DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN I+TTZGIBBONS
HAROLD L. DOUCET, SR., MAYOR PRO TEM CITY MANAGER
Enego
COUNCIL MEMBERS: City of SHERRI BELLARD
RAYMOND SCOTT, JR.
j ` ACTING CITY SECRETARY
ELIZABETH "LIZ" SEGLER
MORRIS ALBRIGHT, III U rt rti! Yt— VAL T(ZENO
JOHN BEARD, JR CITY ATTORNEY
ROBERT E. "BOB" WILLIAMSON T exas
DERRICK FREEMAN
KERRY "TWIN" THOMAS
AUGUST 22, 2011
INVITATION TO BID
Slip -Form Placement of Concrete
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, September 14, 2011. (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, September 14, 2011 in the City
Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: Slip -Form
DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4 Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Senior Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
cwilliams@portarthur.net
Questions concerning the Scone of Work should be directed in writing to:
City of Port Arthur, TX
Ross Blackketter, Public Works Director
P.O. Box 1089
,Port Arthur, TX 77641
rblackketter(7,portarthur.net
Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPB
P.O. Box 10891444 4th Street1 Port Arthur, Texas 776411 409.983.8160 1 Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS
SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced 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
Y P
envelope, with the Vendor's name and address in the upper left -hand comer of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
dp,az (R)
Shawna Tubbs, CPPB
Purchasing Manager
•
Page2of55
INVITATION TO BID
SLIP -FORM PLACEMENT OF CONCRETE
(To be Completed ONLY IF YOU DO NOT BID.)
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.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity /service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work? _
Comments /Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 55
SPECIFICATIONS FOR SLIP -FORM PLACEMENT OF CONCRETE
SECTION ONE
1. CONCRETE CURBS AND CONCRETE CURB AND GUTTERS — LABOR, EQUIPMENT AND
MATERIALS
1.1 Description
Concrete curbs and concrete curb and gutters shall be constructed of portland cement concrete of the
class and other requirements as designated by Engineer.
1.2 General
Curbs and curb and gutters shall be in conformance with the details on the attached "Curb & Gutter
Street Improvements ". All concrete shall be 3,000 psi concrete, and reinforcement and finishing shall be
in conformance with the drawings and specifications.
1.3 Construction Method
The slip -form method shall be used for the construction of concrete curbs and concrete curb and gutters.
Slip -form equipment shall be provided with traveling side and top forms of suitable dimensions, shapes,
and strength to support the concrete for a sufficient length of time during placement to produce curbs or
curb and gutters of the required cross section. The equipment shall consolidate, form and rough finish
the freshly placed concrete in such a manner as to provide a dense and homogeneous product. See
attached "Curb & Gutter Street Improvements" for form.
The slip -form equipment shall have automatic sensor controls which operate from an offset control line.
The line and grade of the slip -form equipment shall be automatically controlled.
Concrete shall be placed on base provided by the City that is shown on the attached "Curb & Gutter
Street Improvements ". Should there be any changes required to this base work to accommodate the slip
forming equipment such changes shall be noted on the bid documents.
Concrete shall be placed with equipment approved by the Engineer. When placement is directly on
subgrade or foundation materials, the subgrade or foundation material foundation shall be hand - tamped
and sprinkled if considered necessary by the Engineer. If the concrete is placed directly on surface
material or pavement, such surface shall be thoroughly cleaned. Concrete shall be fed into the machine
in such a manner and at such consistency that the machine will present a well- compacted mass with a
surface free from voids and honeycombs, and true to the required shape, line and grade.
Any additional surface finishing specified and/or required shall be performed immediately after slip
forming. Joints shall be constructed at such location as directed by the Engineer and conforming to the
details shown on the plans.
1.4 Drainage Outlets Through Curb
Where existing yard or building drains occur along the line of work, the new curb shall be suitably
sleeved or a "V" cut made to provide for such drains. Similar sleeves or "V" cuts shall in installed to
serve low areas on adjacent property where drainage has been affected by the work.
1.5 Driveway Entrances
Driveway entrances shall be provided in new curb at all existing driveways along the line of the work, at
locations shown on the Plans, and at such other locations as may be designated by the Engineer.
Page 4 of 55
The fully depressed curb opening at driveway entrances shall be 1 -inch above gutter flow line at the
curb face. The depressed portion of the curb shall be finished to a transverse slope toward the gutter of
% inch.
1.6 Backfilling and Cleanup
" Upon completion of the work surface of the concrete shall be thoroughly cleaned and the site left in a
neat and orderly condition.
1.7 Responsibilities
A. 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.
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 fmishers with all tools associated with this type of
work to place driveway cuts and joints of all types, to place all reinforcing rods and to finish the
product as directed by the city.
c. Equipment:
1) Shall provide the appropriate lay -down slip -form equipment in good working order and with
trained operator(s).
2) Shall provide the molds made to city standards for curb and gutter sections and for stand -up
curbs (see attached "Curb & Gutter Street Improvements" for details).
6. Shall be responsible for all maintenance to, fuel for, and repairs for all such equipment provided as
part of this work.
7. Insurance for general liability and automotive liability shall be carried by Contractor during the term
of the contract.
1.8 Response
Contractor shall begin work within three (3) working days after the date of notification that his services
are required, unless a delay is granted because of weather or other factors that would prevent the work
from taking place.
1.9 Project
Contractor will be furnished a list of proposed projects at the time of his selection. Actual linear footage
of product placed shall be made at the completion of each project, and payment will be made at the
completion of each project. Projects will be done individually or in groups throughout the term of the
contract. Minimum placement ordered will generally be 300 linear feet, more or less, of curbs, or curb
and gutters.
Page 5 of 55
•
1.10 Warranty
Contractor shall warrant all workmanship and product for a period of one (1) year after completion of
individual projects authorized by the City.
1.11 Measurement and Payment
Concrete curbs or concrete curbs and gutters shall be measured by the linear foot, complete in place, per
the specification.
Payment for concrete curbs and gutters shall be made per the unit price bid for each type of construction,
complete in place.
SECTION TWO
2.0 CONCRETE CURBS AND CONCRETE CURB AND GUTTERS -LABOR AND EQUIPMENT
ONLY
2.1 Description
Concrete curbs and concrete curb and gutters shall be constructed of portland cement concrete of the
class and other requirements as designated by Engineer.
•
2.2 Curbs and curbs and gutters shall be in conformance with the details shown on the attached "Curb &
Gutter Street Improvements ". All concrete shall be 3,000 psi concrete, and reinforcement and
reinforcement and finishing shall be in conformance with the drawings and specifications.
2.3 Construction Method
The slip -from method shall be used for the construction of concrete curbs and concrete curbs and
gutters.
Slip -form equipment shall be provided with traveling side and top forms of suitable dimensions, shapes,
and strength to support the concrete for a sufficient length of time during placement to produce curbs or
curb and gutters of the required cross section. The equipment shall consolidate, form and rough finish
the freshly placed concrete in such a manner as to provide dense and homogeneous project. See the
attached "Curb & Gutter Street Improvements" for form.
• The slip -form equipment shall have automatic sensor control which operates from an offset control line.
The line and grade of the slip -form equipment shall be automatically controlled.
Concrete shall be placed on base provided by the City that is shown on the attached "Curb & Gutter
Street Improvements ". Should there be any changes required to this base work to accommodate the slip
forming equipment such changes on the bid documents.
Concrete shall be placed with equipment approved by the Engineer. When placement is directly on
subgrade or foundation material, foundation shall be hand- tamped and sprinkled if considered necessary
by the Engineer. If the concrete is placed directly on surface material or pavement, such surfaces shall
be thoroughly cleaned. Concrete shall be fed into the machine in such a manner and at such consistency
that the finished work will present a well- compacted mass with a surface free from voids and
honeycombs, and true to the required shapes, line and grade.
•
Page 6 of 55
Any additional surface finishing and/or required jointing shall be performed immediately after slip
forming. Joints shall be constructed as such locations as directed by the Engineer and conforming to the
details shown on the plans.
2.4 Drainage Entrances
Where existing yard or building drains occur along the line of work, the new curb shall be suitably
sleeved of a "V" cut made to provide for such drains. Similar sleeves or "V" cuts shall be installed to
serve low areas on adjacent property where drainage has been affected by the work.
2.5 Driveway Entrances
Driveway entrances shall be provided in new curb at all existing driveways along the line of the work, at
location shown on the Plans, and at such other locations as may be designated by the Engineer.
The fully depressed curb opening at driveway entrances shall be 1 -inch above gutter flow line at the
curb face. The top of the fully depressed portion of the curb shall be finished to a transverse slope
toward the gutter of 3 /4 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. Will furnish all necessary materials used on the project (concrete, sand/cement, reinforcing rods,
joint materials, etc.)
2. Will supply flagmen and traffic control devices.
3. Will haul and/or have hauled all material to job sites.
4. Will set the limits of and elevations for all projects.
5. Will provide general direction of the work, such as determining when and where projects are done,
sequencing of the work and other control of projects.
6. Will backfill all work to the finished surface.
B. Contractor
1. Shall provide all set up on the project once limits and hub elevations have been provided.
2. Shall provide the following equipment and manpower:
a. Crew supervisor(s) for direction of crew, contact, and inspection of project.
b. Sufficient qualified concrete finishers with all tools associated with this type of work to place
driveway cuts and joints of all types, to place all reinforcing rods and to finish the product as
directed by the City.
C. Equipment
1. Appropriate lay -down slip -form in good working order and with trained operator(s).
2. A mold made to city standards for curb and gutter sections and for stand -up curbs (see attached
"Curb & Gutter Street Improvements" for details)
3. Shall be responsible for all maintenance to, fuel for, and repairs for all such equipment provided as
part of this work.
4. Insurance for general liability and automotive liability shall be carried by contractor during the term
of the contract.
Page 7 of 55
2.8 Response
Contractor shall begin work within three (3) working days after the date of notification that his services
are required, unless a delay is granted because of weather or other factor that would prevent the work
from taking place.
2.9 Project
Contractor will be furnished a list of proposed projects at the time of his selection. Actual linear footage
of product placed shall be made at the completion of each project, and payment will be made at the
completion of each project. Projects will be done singly or in groups throughout the term of the contract.
Minimum placement order will generally be 300 linear feet, more or less, of curbs or curb and gutters.
2.10 Warranty
Contractor shall warrant all workmanship and product for a period of one (1) year after completion of
individual projects authorized by the City.
2.11 Measurement and Payment
Concrete curbs and concrete curb and gutters shall be measured by the linear foot in place per the
specifications.
Payment for concrete curbs or curbs and gutters shall be made per the unit price bid for
each type of construction when in place per the specifications.
SECTION THREE
3.0 FINISHING — ALL WORK
3.1 General
Finishing shall be complete as specified herein for the type work being performed.
3.2 Curbs and Curb and Gutters
Immediately after placement of material by the slip -form process, and installation of all 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 a fine -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.
3.3 Joints
Generally all edges of concrete and concrete edges at all expansion joints shall be rounded to a '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.
Page 8 of 55
SECTION FOUR
4.0 JOINTS — ALL WORK
4.1 General
Joints in concrete curbs and concrete curb and gutters, sidewalks, driveways and wheelchair ramps, shall
be of the type of joints as set out on the attached "Curb & Gutter Street Improvements ", "Paving
Details ", and "Sidewalk & Driveway Detail Sheet ".
4.2 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 with the requirements prescribed by the Texas Department
of Transportation.
NO such joints shall be constructed within wheelchair r
� tlu 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 PCR and PCT of curb returns.
Expansion joint filler 'A inch thick shall be placed in walk at the PCR and PCT 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 PCR and PCT 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 radial to
the line of the work constructed on a curve. Expansion joints filler materials shall completely fill these
joints to within 'A 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.
4.3 Other Joints
a. Weakened Plane Joints: Shall be straight and constructed in accordance with Subsection (b) or (c)
below, unless otherwise shown on the Plans. In the sidewalks, joints shall be transverse to the line of
work and at regular intervals not exceeding five (5) feet. At curves and walk returns, the joints shall
be radial.
In curbs and curb and gutters, joints shall be at regular intervals not exceeding fifteen (15) feet.
Where curbs and curb and gutters are adjacent to concrete pavement, the joints shall be aligned with
the existing pavement joints where practical.
b. Control Joint: After preliminary trowelling, the concrete shall be parted to a depth of 2 inches with
a straight edge to crease a division in the course aggregate. The concrete shall then be refloated to
fill the parted joint with mortar. Headers shall be marked to locate the weakened plane for final joint
finishing, which shall be accomplished with a jointer tool having a depth of 'A inch and a radius of
1/8 inch. The finished joint opening shall not be wider than 1/8 inch.
Page 9 of 55
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 10 of 55
CITY OF PORT ARTHUR. TEXAS
BID SHEET
BID FOR: Slip -Form Placement of Concrete
BID DUE DATE: September 14, 2011
ITEM # 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 and specification, as called for in Section 2
a. Less than 100 feet LF $
b. 100 feet or more
LF $
3. Placement of City Standard upright curb, per drawing
and specification as called for in Section 1
a. Less than 100 feet LF $
b. 100 feet or more
LF $
4. Placement of City Standard upright curb, per drawing
and specification as called for in Section 2
a. Less than 100 feet LF $
b. 100 feet or more
LF $
Signature Date
Page I I of 55
Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words
shall govern. The above unit prices shall include labor, equipment overhead, profit, insurance, etc. to cover the
finished work of the several kinds called for.
BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities
in the bidding. Bids shall be good for sixty (60) days after date of bid opening.
Respectfully submitted:
COMPANY NAME STREET ADDRESS
SIGNATURE OF BIDDER P.O. BOX
PRINT OR TYPE NAME CITY STATE ZIP
TITLE AREA CODE TELEPHONE NO
EMAIL FAX NO.
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BID OPENING DATE: September 14, 2011
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
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AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
" of the company whose signature is binding.
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. 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 pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
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
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ I
For Vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local 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. n 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` business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3. Name of a local 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 business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire? 1 Yes 1 No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
F l I i Yes 1 I No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government
Officer serves as an officer or director, or holds an ownership of 10 percent or more?
flYes I I No
D. Describe each employment or business relationship with the local government officer named in this section.
4.
Signature of person doing business with the governmental entity Date
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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.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)lsubstitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
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 all bids and to waive informalities or defects in bids or to accept such bids as it shall deem
to be in the best interests of the City.
4. 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, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: 'Bid" vs. "Proposal"—For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
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 arrears in its obligations to the City.
7. No payments shall be made to any person of public monies 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.
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ADDENDA: 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. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, 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. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box
1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying out of the program, shall have any personal financial interest, 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 satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT 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.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
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INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The 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 discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a 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 City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this 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 previous 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.
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SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or permit any
sub - contractor to perform any work included in this Contract until he has received from the City of Port Arthur
written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The Contract 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 by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance 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
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person /$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000
for contracts in excess of $100,000.
3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles
coverage's).
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.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.
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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.
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 assembled by the
CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made
available to any individual or organization without the prior written approval of the CITY.
COPYRIGHT: No report, maps or other Documents produced in whole or in part 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 all
necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or
any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay
all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work
performed by him.
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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 Architect/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 equipment, and the completion of
the various parts of the work; each such schedule to be subject to change from time to time in accordance with
the progress of the work.
SHOP OR SETTING DRAWINGS: The CONTRACTOR shall submit promptly to the Architect/Engineer
two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as
aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the
CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the
Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must
furnish additional copies. Regardless of corrections made in or approval given to such drawings by the
Architect/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 Architect/Engineer in writing of any
deviations at the time he furnishes such drawings.
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 materials, labor, tools, equipment,
water, light, power, transportation, superintendents, temporary construction of every nature and all other
services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within
the specified time.
Any work necessary to be performed after regular working hours, on Sundays or legal holidays, shall be
performed without additional expense to the OWNER.
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CONTRACTOR'S TITLE TO MATERIALS: No materials or supplies for the work shall be purchased by
the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale
Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that
he has good title to all materials and supplies used by him in the work, free from all liens, claims or
encumbrances.
INSPECTION AND TESTING OF MATERIALS: All materials and equipment used in the construction of
the project shall be subject to adequate inspection and testing in accordance with accepted standards. The
laboratory or inspection agency shall be selected by the OWNER. The OWNER will pay for all laboratory
inspection service direct, and not as a part of the Contract.
Materials of construction, particularly those upon which the strength and durability of the structure may depend,
shall be subject to inspection and testing to establish conformance with specifications and suitability for uses
intended.
"OR EQUAL" CLAUSE: Whenever a material, article or piece of equipment is identified on the Plans or in
the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is
intended merely to establish a standard; and, any material, article or equipment of other manufacturers and
vendors which will perform adequately the duties imposed by the general design will be considered equally
acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer,
of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the
Architect/Engineer's written approval.
PATENTS: The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and
employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any
patented or unpatented invention, process, article or appliance manufactured or used in the performance of the
Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents.
License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the
OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct
by the OWNER and not by or through the CONTRACTOR.
If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall
provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or
material. It is mutually agreed and understood that, without exception, the Contract prices shall include all
royalties or costs arising from the use of such design, device or materials in any way involved in the work. The
CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any
and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials
or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall
indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution of the work or after completion of the work.
SURVEYS: Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the
CONTRACTOR all surveys necessary for the execution of the work.
CONTRACTOR'S OBLIGATIONS: The CONTRACTOR shall and will, in good workmanlike manner, do
and perform 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 as given from
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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.) During the performance of
this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air
Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251, et seq., 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 of Violating Facilities issued by the
Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20.
• Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air
Act, as amended (42 U.S.C. 1857c -8) and Section 308 of the Federal Water Pollution Act, as amended
(33 U.S.C. 1318) relating to inspection, monitoring, entry, reports and information, as well as all other
requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued
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.
• 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.
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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 danger to structures or property from blasting, the charges
shall be reduced and the material shall be covered with suitable timber, steel or rope mats.
The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at
least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of
explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety
for damages that may be caused by such use.
DANGER SIGNALS AND SAFETY DEVICES:
The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to
persons. He shall put up and maintain in good condition sufficient red or 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 and/or unearthed during the course of project construction and to
consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic
Preservation Act of 1966 (80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971).
REQUIRED PROVISIONS DEEMED INSERTED: Each and every provision of law and clause required by
law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any such provision is not
inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be
physically amended to make such insertion or 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 all pertinent provisions of
the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety
Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death,
occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and
in the course of employment on work under the Contract.
The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances
and methods, and for any damage which may result from their failure or their improper construction,
maintenance or operation.
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USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER: The CONTRACTOR agrees to the
use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the
OWNER:
• Secures written consent of the CONTRACTOR except in the event, in the opinion of the
Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the
contract requirements;
• 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.
QUANTITIES OF ESTIMATE: Wherever the estimated quantities of work to be done and materials to be
furnished under this Contract are shown in any of the documents including the proposal, they are given for use
in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to
increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the
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work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor
shall any such increase or diminution give cause for claims or liability for damages.
LAND AND 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
complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict
between any of the Contract Documents, priority of interpretation shall be in the following order: Signed
Agreement (including General Conditions), 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 or his authorized representative on the work.
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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 CONTRACTOR'S.
Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of
lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the
work as being satisfactory for proper coordination with his own work.
SUBCONTRACTING: The CONTRACTOR may utilize the services of specialty Subcontractors on those
parts of work which, under normal contracting practices, 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 the proposed award to the Subcontractor, which statement shall contain such information
as the OWNER may require.
The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his
Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and
omissions of persons directly employed by him.
The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to
bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract
Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power
as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any
provision of the Contract Documents.
Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the
OWNER.
ARCHITECT/ENGINEERS AUTHORITY: The Architect/Engineer shall give all orders and directions
contemplated under this Contract and Specifications, relative to the execution of the work. The
Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work
and materials which are to be paid for under this Contract and shall decide all questions which may arise in
relation to said work and the construction thereof. The Architect /Engineers estimates and decisions shall be
final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between
the parties hereto relative to said Contract or Specifications, the determination or decision of the
Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or
payment for work under this Contract affected in any manner or to any extent by such question.
MEANING OF INTENT: The Architect/Engineer shall decide the meaning and intent of any portion of the
Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any
differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this
Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by
the Architect/Engineer.
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
Page 26 of 55
or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations ,
of services rendered or materials supplied for the performance of the work called for in this Contract.
MUTUAL RESPONSIBILITY OF 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.
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 Payment 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 on the site and preparatory work done may be taken into
consideration.
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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
CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said
CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the
CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such
lawful claims until satisfactory evidence is 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
Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of
manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his
approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, 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 Architect/Engineer shall be equitable.
SUBSURFACE CONDITIONS FOUND DIFFERENT: Should the CONTRACTOR encounter subsurface
and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the
Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are
disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they
materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such
changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting
from such changes.
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. 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.
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CHANGES IN WORK: No changes in the work covered by the approved Contract Documents shall be made
without having prior written approval of the OWNER. Charges or credit for the work covered by the approved
change shall be determined by one or more, or a combination of the following methods:
• Unit bid prices previously approved.
• An agreed lump sum.
• The actual cost of:
1) Labor, including foreman;
2) Materials entering permanently into the work;
3) The ownership or rental cost of 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 adjusted accordingly, and the consent of the
Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at
the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the
work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the
price is stated in such order.
TIME FOR COMPLETION AND LIQUIDATED DAMAGES: It is hereby understood and mutually
agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for
completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of
this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be
commenced on a date to be specified in the "Notice to Proceed ".
The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at
such rate of progress as will insure full completion thereof within the time specified. It is expressly understood
and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work
described herein is a reasonable time for the completion of same, taking into consideration the average climatic
range and usual industrial conditions prevailing in this locality.
If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part
consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not
as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every
consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City
holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing
the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in
such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain
and said amount shall be retained from time to time by the OWNER from current periodical estimates.
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It is further agreed that time is of the essence of each and every portion of this Contract and of the
Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever;
and where under the Contract an additional time is allowed for the completion of any work, the new time limit
fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be
charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of
liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for
extension by the CONTRACTOR is justified and due to:
• 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 providing that he has complied with the condition under 54(b).
• Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a)
and (b) of this article.
It is also 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 tune (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 matter.
WEATHER CONDITIONS: In the event of temporary suspension of work, or during inclement weather, or
whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to
protect carefully, his and their work and materials against damage or injury from the weather. If, in the opinion
of the 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 be removed
and replaced at the expense of the CONTRACTOR.
PROTECTION OF WORK AND PROPERTY — EMERGENCY: The CONTRACTOR shall at all times
safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times
safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall
replace or make good any such damage, loss or injury unless such 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 be promptly submitted to the Architect/Engineer for approval.
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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.
INSPECTION: The authorized representatives and agents of the OWNER shall be permitted to inspect all
work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records.
SUPERINTENDENTS BY CONTRACTOR: At the site of the work, the CONTRACTOR shall employ a
construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is
understood that such representative shall be acceptable to the 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 payroll deductions as are made mandatory by law
and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of
Labor, United States Department of Labor, pursuant to the Anti- Kickback Act hereinafter identified) the full
amount due at time of payment computed at wage rates not less than those contained in the wage determination
decision of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by reference),
regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any
Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be
paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities
approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose
of this clause, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis Bacon Act
on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also, for the purpose of this
clause, regular contributions made or costs incurred for more than a weekly period under Plans, funds or
programs, but covering the particular weekly period, are deemed to be constructively made or incurred during
such weekly period.
UNDERPAYMENTS OF WAGES OR SALARIES: In case of underpayment of wages by the
CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or
Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be
afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the
CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics
the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER
for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective
laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of
fringe benefit prescribed in the applicable wage 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
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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. The CONTRACTOR and any Subcontractor
responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such
CONTRACTOR and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic employed in violations in the
sum of Ten Dollars ($10.00) for each calendar day on which such employee was required or permitted to work
in excess of forty (40) hours without payment of the overtime wages required.
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.
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 and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau
of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person
is employed in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall
not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice wage rate and is not a trainee or is not registered or
otherwise employed, 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.
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
Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the
Bureau of specified in the approved program for his level of progress. Any employee listed on the payroll at a
trainee rate, and is not registered and participating in a training plan approved by the Bureau of Apprenticeship
and Training, shall be paid not less than the wage rate determined by the Secretary of Labor for the
classification of work he actually 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 and wage rates
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prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a
training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is provided.
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 Title 29 CFR 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: Unlisted classifications needed for work not included within the scope of
the classifications listed in the wage determination in this Contract may be added after award only as provided
in the labor standards contract clauses (Title 29 CFR, 5.5 (a) (1) (ii).
FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES: The OWNER shall require,
whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash
equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the
recommendation of the OWNER, shall be referred, through the Secretary of Housing and Urban Development,
to the Secretary of Labor for determination.
POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS: The
applicable wage poster and the applicable wage determination decisions with respect to the various
classification of laborers and mechanics employed and to be employed upon the work covered by this Contract,
and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made
from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at
appropriate conspicuous points at the site of the work.
COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES: No laborer or mechanic to whom
the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any
other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has
filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in
any proceeding under or relating to the labor standards applicable under this Contract to his employer.
CLAIMS AND DISPUTES PERTAINING TO WAGE RATES: Claims and disputes pertaining to wage
rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be
promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor,
whose decision shall be final with respect thereto.
QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS:
All questions arising under this Contract which relate to the application or interpretation of (a) the
Anti- Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the Davis -Bacon Act, (d) the
regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e)
the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and
the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of
Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
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PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR: The
CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance
with instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER
one certified copy of all payrolls of the CONTRACTOR and of the Subcontractors, it being understood that the
CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such
payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal
Regulations. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering
all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the
course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll
records shall contain the name and address of each employee, his correct classification, rate of pay (including
rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the
Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the
wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in Section 1(b) (2) (B) of the Davis -Bacon Act, the CONTRACTOR of
Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and will maintain records which show the costs anticipated or the
actual cost incurred in providing such benefits. The CONTRACTOR and Subcontractor shall make his
employment records, with respect to persons employed by him upon the work covered by this Contract,
available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the
OWNER and the United States Department of Labor. Such representatives shall be permitted to interview
employees of the CONTRACTOR or of any Subcontractors during working hours on the job.
SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES: The transporting of
materials and supplies to or from the site of the project or program to which the Contract pertains by the
employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials,
articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons
employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this Contract, and without
limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which these
Federal Labor Standards Provisions are applicable.
INELIGIBLE SUBCONTRACTORS: The CONTRACTOR shall not subcontract any part of the work
covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior
written approval of the Subcontractor. The OWNER will not approve any Subcontractor for work covered by
this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the
Secretary of Labor, United States Department of Labor, or the Secretary of Housing and Urban Development to
receive an award of such Subcontract.
PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS: The CONTRACTOR shall include
or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which
are consistent with these Federal Labor Standards Provisions and also a clause requiring the Subcontractors to
include such provisions in any lower tier Subcontracts which they may enter into, together with a clause
requiring such insertion in any further Subcontracts that may in turn be made.
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.
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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 may be grounds for termination of the Contract and for debarment as provided in Title 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 furnish weekly a statement with respect to the wages paid each employee
during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements.
Pursuant to the aforesaid Anti- Kickback Act, the Secretary of Labor, United States Department of Labor, has
promulgated the regulations hereinafter set forth, which regulations 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 of statements regarding the wages paid on work covered
thereby, sets forth the circumstances and procedures governing the making of payroll deductions from the
wages of those employed on such work and delineates the methods of payment permissible on such work.
SECTION 3.2 DEFINITIONS AS USED IN THIS PART: The terms "building" or "work" generally include
construction activity as distinguished from manufacturing, furnishing or materials or servicing and maintenance
work. The terms include without limitation, buildings, structures and improvements of all types, such as
bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping
stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters,
levees and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing and landscaping.
Unless conducted in connection with and at the site of such a building or work as is described in the foregoing
sentence, the manufacture or 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 materials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in this part.
Page 35 of 55
The terms "construction ", "prosecution ", "completion" or "repair" mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating,
the transporting of materials and supplies to or from the building or work by the employees of the construction
contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies 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 works" 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.
The term "building or work financed in whole or in part by loans or grants from the United States" includes
building or work for whose construction, prosecution completion or repair, as defined as above, payment or
part payment is made directly or indirectly from funds provided by loans or grants by a federal agency. The
term does not include building or work for which federal assistance is limited solely to loan guarantees or
insurance.
Every person paid by a CONTRACTOR or Subcontractor in any manner for his labor in the construction,
prosecution, completion or repair of any public buildings, or public works or buildings or works financed in
whole or in part by loans or grants from the United States is "employed" and receiving "wages ", regardless of
any contractual relationship alleged to exist between him and the real employer.
The 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 5 during the preceding weekly payroll period. This statement shall be
executed by the CONTRACTOR or Subcontractor or by an authorized officer or employee of the
CONTRACTOR or Subcontractor who supervises the payment of wages and shall be on form WH 348,
"Statement of Compliance ", or on identical form on the back of WH 347, "Payroll (for CONTRACTOR'S
Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be
obtained from the government contracting or sponsoring agency and copies of these forms may be 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.
Page 36 of 55
Upon a written fording by the head of a federal agency, the Secretary of Labor may provide reasonable
limitations, variations, tolerances and exemptions from the requirements of this section subject to such
conditions as the Secretary of Labor may specify.
SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF
WEEKLY PAYROLL RECORDS: Each weekly required statement shall be delivered by the
CONTRACTOR or Subcontractor, within seven (7) days after the regular payment date of the payroll period, to
a representative of OWNER in charge at the site of the building or work or, if there is no representative of
OWNER at the site of the building or work, the statement shall be mailed by the CONTRACTOR or
Subcontractor, within such time, to the OWNER. After such examination and check as may be made, such
statement, or a copy thereof, shall be kept available and shall be transmitted together with a report of any
violation, in accordance with applicable procedures prescribed by the United States Department of Labor.
Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records for a period of three (3) years
from date of completion of the Contract. The payroll records shall set out accurately and completely the name
and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of
hours worked, deductions made and actual wages paid. Such payroll records shall be made available at all
times for inspection bythe contracting officer or his authorized representative and by an authorized
representative 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 employee as a bona fide prepayment of wages when such
prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have
been made only when cash or its equivalent has been advanced to the person employed in such manner as to
give him complete freedom of disposition of the advanced funds.
Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of
the CONTRACTOR, Subcontractor or any affiliated person, or when collusion or collaboration exists.
Any deduction constituting a contribution on behalf of the person employed to funds established by the
employer or representatives of employees, or both, for the purpose of providing either from principal or income,
or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries,
illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment
benefits, vacation pay, savings accounts or similar payments for the benefit of employees, their families and
dependents: Provided, however, that the following standards are met: (1) the deduction is not otherwise
prohibited by law; (2) it is either (i) voluntarily consented to by the employee in writing and in advance of the
period in which the work is to be done and such consent is not a condition either for the obtaining of or for the
continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the
CONTRACTOR or Subcontractor and representatives of its employees; (3) no profit or other benefit is
otherwise obtained directly or indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in
the form of commission, dividend or otherwise; and (4) the deductions shall serve the convenience and interest
of the employee.
Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
Page 37 of 55
Any deduction requested by the employee to enable him to repay loans to, or to purchase shares in credit unions
organized and operated in accordance with federal and state credit union statutes.
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 board, lodging or other facilities meeting the
requirements of Section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title.
When such a deduction is made, the additional records required shall be kept.
PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE SECRETARY OF
LABOR: Any CONTRACTOR or Subcontractor may apply to the Secretary of Labor for permission to make
any deduction not permitted. The Secretary may grant permission whenever he finds that:
The CONTRACTOR, Subcontractor or any affiliated person does not make a profit or benefit directly or
indirectly from the deduction either in the form of a commission, dividend or otherwise;
THE DEDUCTION IS NOT OTHERWISE PROHIBITED BY LAW: The deduction is either (1)
voluntarily consented to by the employee in writing and in advance of the period in which the work is to be
done and such consent is not a condition either for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and
representatives of its employees;
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 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.
The application shall identify the Contract or Contracts under which the work in question is to be performed.
Permission will be given for deductions only on specific, identified Contracts, except upon a showing of
exceptional circumstances.
The application shall state affirmatively that there is compliance with the standards required by law. 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.
Page 38 of 55
SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS: The Secretary of
Labor shall decide whether or not the requested deduction is permissible 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 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
EQUAL OPPORTUNITY PROVISIONS (E.O. 11246): Activities and Contracts Subject to 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.
The CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment,
notices to be provided Contracting Officer setting forth the provisions of this nondiscrimination clause. The
CONTRACTOR shall state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
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.
1�
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it
The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance
Officer advising the said labor union or workers' representatives of the CONTRACTOR'S commitment under
this section and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations and relevant orders of the Secretary of Labor.
The CONTRACTOR will 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 may be declared ineligible for further government CONTRACTOR'S
or federally assisted construction Contract in accordance with procedures authorized in Executive Order 11246
of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by
law.
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order
11246) (applicable to contracts /subcontracts 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 CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be
based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required
by the Specifications set forth in Title 41 CFR 60 -4.3 (a), and its efforts to meet the goals established for the
geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority
and female employment and training must be substantially uniform throughout the length of the Contract, and in
each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on
each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to
CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be
a violation of the Contract, the Executive Order and the regulations in Title 41 CFR Part 60 -4. Compliance
with the goals will be measured against the total work hours performed.
The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within ten (10) working days of award of any construction subcontract in excess of
$10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification
shall list the name, address and telephone number of the Subcontractor; employer identification number;
estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the
geographical area in which the Contract is to be performed.
As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" 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;
Page 40 of 55
"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 of North American
maintaining identifiable tribal affiliations through membership and participation or community identification).
Whenever the CONTRACTOR, or any subcontractor at any tier, Subcontracts a portion of the work involving
any construction trade, it shall physically included in each Subcontract in excess of $10,000 the provisions of
these Specifications and the Notice which contains the applicable goals for minority and female participation
and which is set forth in the solicitations from which this Contract resulted.
If the CONTRACTOR is participating (pursuant to Title 41 CFR 60 -4.5) in a Hometown Plan approved by the
U.S. Department of Labor in the covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that
Plan for those trades which have unions participating in the Plan. CONTRACTOR'S must be able to
demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each
CONTRACTOR or Subcontractor participating in an approved Plan is individually required to comply with its
obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each
trade in which it has employees. The overall good faith performance by other CONTRACTOR'S or
Subcontractors toward a goal in an approved Plan does not excuse any covered CONTRACTOR'S or
Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables.
Neither the provisions of any collective bargaining agreement nor the failure by a union with whom 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 CONI RACTOR 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:
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Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all
facilities at which the CONTRACTOR'S employees are assigned to work. The CONTRACTOR, where
possible, will assign two or more women to each construction project. The CONTRACTOR shall specifically
ensure that all foremen, superintendents and other on -site supervisory personnel are aware of and carry out the
CONTRACTORS obligation to maintain such a working environment, with specific attention to minority or
female individuals working at such sites or in such facilities.
Establish and maintain a current list of minority and female recruitment sources, provide written notification to
minority and female recruitment sources and to community organizations when the CONTRACTOR or its
unions have employment opportunities available and maintain a record of the organizations responses.
Maintain a current file of the names, addresses and telephone numbers of each minority and female
off -the- street applicant and minority or female referral from a union, a recruitment source or community
organization and of what action was taken with respect to each such individual. If such individual was sent to
the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred,
not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with
whatever additional actions the CONTRACTOR may have taken.
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
to the CONTRACTOR'S employment needs, especially those programs funded or approved by the Department
of Labor.
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
minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards
accessible to all employees at each location where construction work is performed.
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, General Foremen, etc., prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of these meetings, persons attending, subject
matter discussed and disposition of the subject matter.
Disseminate the CONTRACTOR'S EEO policy externally by including it in any advertising in the news media,
specifically including minority and female news media, and providing written notification to and discussing the
CONTRACTOR'S EEO policy with other CONTRACTOR'S and Subcontractors with whom the
CONTRACTOR does or anticipates doing business.
Direct its 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
Page 42 of 55
CONTRACTOR shall send written notification to organizations such as the above, describing the openings,
screening procedures and tests to be used in the election process.
Encourage present minority and female employees to recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation employment to minority and female youth both on the
site and in other areas of a CONTRACTOR'S work force.
Validate all tests and other selection requirements where there is an obligation to do so under Title 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 and employment related activities to ensure that
the EEO policy and the CONTRACTOR'S obligations under the Specifications are being carried out.
Ensure that all facilities and company activities are non - segregated except that separate or single -user toilet and
necessary changing facilities shall be provided to assure privacy between the sexes.
Document and maintain a record of all solicitations of offers for Subcontracts from minority and female
construction CONTRACTOR'S and suppliers, including circulation of solicitations to minority and female
CONTRACTOR associations and other business associations.
Conduct a review, at least annually, of all supervisors' adherence to and performance under the
CONTRACTORS 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 similar group of which the
CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations
under 7a through 7p of these Specifications provided that the CONTRACTOR actively participates in the
group, makes every effort to assure that the group has a positive impact on the employment of minorities and
women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTORS
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 CONTRACTORS
non - compliance.
A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR,
however, is required to provide equal employment opportunity and to take affirmative action for all minority
groups, both male and female, and all women, both minority and non - minority. Consequently, the
CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the CONTRACTOR has achieved its goals for women generally,
the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is under
utilized).
The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race, color, religion, sex or national origin.
Page 43 of 55
The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from government
Contracts pursuant to Executive Order 11246.
The CONTRACTOR shall carry out such sanctions and penalties for violation of these Specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing Subcontracts as may
be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by
the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such
sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended.
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 CONTRACTOR agrees to comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701(u)), as amended, the HUD regulations issued pursuant thereto at
Title 24 CFR Part 135 and any applicable rules and orders of HUD issued there under.
The "Section 3 clause" set forth in Title 24 CFR 135.20(b) shall form part of this Contract as set forth in
paragraph 1 of the General Conditions, "Contract and Contract Documents ".
CONTRACTORS shall incorporate the Section 3 clause shown below and the foregoing requirements in all
Subcontracts.
Section 3 clause as set forth in Title 24 CFR 135.20(b):
The work to be performed under this Contract is on a project assisted under a program providing direct federal
financial assistance from the Department of Housing and Urban Development and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3
requires that to the greatest extent feasible, opportunities for training and employment be given lower income
residents of the project 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.
Page 44 of 55
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 Title 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 no 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 workers 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, Title 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 Title 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 Title 24 CFR 135 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 Title 24 CFR 135.
CIVIL RIGHTS ACT OF 1964: Under Chapter 106 of the Civil Practice & Remedies Code of the Revised
Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be
excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or
activity of the City.
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 any such damages, claim, loss, demand, suit,
judgment, cost or expense:
Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property
(other than the work itself) including the loss of use resulting there from.
Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone
directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable,
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
Page 45 of 55
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 furnished by the CITY. When such extra compensation is
claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him
found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the
action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the
Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material
or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an
equivalent extension of time, his application for which shall, however, be subject to the approval of the City
Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond
from all his obligations hereunder which shall remain in full force until the 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 by the Contract Documents, any work is found to be defective, CONTRACTOR shall
promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such
defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such
defective work corrected and all direct and indirect costs of such removal and replacement, including
compensation for additional professional services, shall be paid by CONTRACTOR.
ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with
this Contract which arise under the anti - trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973).
WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the
prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are
minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform
themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for
employment are not discriminated against because of race, color, religion, sex, age or national origin.
DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or
any other claim shall be based on a written notice delivered to the CITY and to the ENGINEER promptly (but
in no case later than ten (10) calendar days) after the occurrence of the event giving rise to the claim and stating
the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR
shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed
support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a
continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and
impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with
respect to any claim shall constitute a complete and final waiver of said claim.
Page 46 of 55
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
General Decision Number: TX100046 03/12/2010 TX46
Superseded General Decision Number: TX20080046
State: Texas
Construction Types: Highway
Counties: Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty,
Montgomery, Orange and Waller Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area
projects, and railroad construction, bascule, suspension & spandrel arch bridges, bridges designed for
commercial navigation, bridges involving marine construction, other major bridges).
Rates Fringes
Asphalt Distributor Operator $10.94 0.00
Asphalt paving machine operators $12.01 0.00
Asphalt Raker $11.13 0.00
Asphalt Shoveler $ 9.14 0.00
Broom or Sweeper Operator $11.19 0.00
Bulldozer operator $11.81 0.00
Carpenter, Rough $12.49 0.00
Concrete Finisher, Paving $11.38 0.00
Concrete Finisher, Structures $10.80 0.00
Concrete Paving Curbing Machine Operator $10.00 0.00
Concrete Paving Finishing Machine Operator $13.07 0.00
Concrete Paving Joint Sealer Operator $11.00 0.00
Concrete Paving Saw Operator $12.75 0.00
Concrete Paving Spreader Operator $10.44 0.00
Concrete Rubber $ 9.00 0.00
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel $12.71 0.00
Operator
Crusher and Screed Plant Operator $11.29 0.00
Electrician $21.79 0.00
Flagger $ 9.42 0.00
Form Builder /Setter, Structures $10.50 0.00
Form Liner, Paving & Curb $11.75 0.00
Form Setter, Paving & Curb $10.51 0.00
Foundation Drill Operator, Crawler Mounted $15.00 0.00
Foundation Drill Operator, Truck Mounted $12.73 0.00
Front End Loader Operator $10.65 0.00
Laborer, common $ 9.15 0.00
Laborer, Utility $ 9.81 0.00
Manhole Builder $ 9.00 0.00
Mechanic $13.72 0.00
Milling Machine Operator, Fine Grade $13.17 0.00
Mixer operator $10.33 0.00
Motor Grader Operator $13.13 0.00
Page 47 of 55
f �
Rates Fringes
Motor Grader Operator, Rough $11.67 0.00
Oiler $12.12 0.00
Painter, Structures $15.54 0.00
Pavement Marking Machine Operator $ 8.18 0.00
Piledriverman $12.22 0.00
Pipelayer $ 9.49 0.00
Reinforcing Steel Setter, Paving $15.14 0.00
Reinforcing Steel Setter, Structure $13.87 0.00
Roller Operator, Pneumatic, Self - propelled $ 9.91 0.00
Roller Operator, Steel Wheel, Flat Wheel /Tamping $10.43 0.00
Roller Operator, Steel Wheel, Plant Mix Pavement $11.07 0.00
Scraper Operator $ 9.92 0.00
Servicer $10.96 0.00
Sign Installer (PGM) $ 8.54 0.00
Slip Form Machine Operator $11.07 0.00
Spreader Box operator $11.12 0.00
Structural Steel Worker $12.13 0.00
Tractor operator, Crawler Type $13.00 0.00
Tractor operator, Pneumatic $10.07 0.00
Traveling Mixer Operator $11.00 0.00
Truck driver, lowboy -Float $13.16 0.00
Truck driver, Single Axle, Heavy $10.65 0.00
Truck driver, Single Axle, Light $10.07 0.00
Truck Driver, Tandem Axle, Semi- Trailer $10.25 0.00
Work Zone Barricade Servicer $ 9.94 0.00
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1)
(ii)).
In the listing above, the "SUV designation means that rates listed under the identifier do not reflect
collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates
have been determined to be prevailing.
Page 48 of 55
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have
responsibility for the Davis -Bacon survey If the res response from this initial contact is not satisfactory,
Y Y P rY,
then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with
the Branch of Construction Wage Determinations. Write to
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator (See29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
- I
The request should be accompanied by a full statement of the interested party's position and by any information
(wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the
issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final
Page 49 of 55
GENERAL: Article 5159a of the Revised Civil Statues of Texas, passed by the 43rd Legislature Acts of 1933,
page 91, Chapter 45, provides that any government subdivision shall ascertain the general prevailing rate of per
diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic
and shall specify in the call for bids and in the Contract for construction of Public Works the prevailing rate of
per diem wages which shall be paid for each craft type of workman. This Article further provides that the
CONTRACTOR shall forfeit, as a penalty, to the CITY, County, or State, or other political subdivision, Ten
Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the
type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the
CONTRACTOR, after full investigation by the 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 are open to the inspection of the OWNER.
SLIP -FORM PLACEMENT: The Contractor shall furnish all labor, supervision and equipment to complete
the placement of Slip -form surface on designated street projects in the City of Port Arthur, as well as all
incidental items required to complete the work. The City shall provide all necessary materials for the work.
Work shall be in accordance with these Technical Specifications and drawings, and the duration of the contract
shall be for one (1) calendar year from the date of award.
Page 50 of 55
APPENDIX "A"
FORM FOR REQUEST FOR TIME EXTENSION
Page 51 of 55
REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES
CITY OF PORT ARTHUR
DATE: For Month of 20
CITY OF PORT ARTHUR, TEXAS
PUBLIC WORKS DEPARTMENT
P.O. BOX 1089
PORT ARTHUR, TEXAS 77640 -1089
ATTENTION: 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 15 16 17 18 19 20 21 22 23 24 25 26
27 28 29 30 31
Dates Lost: Days Lost ( ) 15 x 7 = Calendar Days Requested
Reasons for Request:
Contractor
By:
Approved for extension of calendar days.
Disapproved.
- Date: , 20 . CITY OF PORT ARTHUR, TEXAS
BY
City Manager
•
Page 52 of 55
APPENDIX `B"
FORM FOR CHANGE ORDER
Page 53 of 55
CHANGE ORDER NO.
Page l of 2
Date:
Agreement Date:
Name of Product:
Owner:
Contractor:
The following changes are hereby made to the Contract Documents:
Change to Contract Price
Original Contract Price: $
Current Contract Price (adjusted by previous Change Order):$
The Contract price due to the Change Order will be (increased/decreased) by: $
The new Contract Price including the Change Order will be: $
Change to Contract Time
Original Contract Time:
Current Contract Time (adjusted by previous Change Order):
Current Date of Completion:
Contract Time due to this Change Order will be increased by:
New Contract Time including this Change Order will be calendar days.
The new Date of Completion of all work will be:
Page 54 of 55
Page 2 of 2
Date:
Change Order No:
Name of Product:
No other terms of conditions of the Contract are changed as a result of this Change Order. Contractor's
acceptance of this Change Order relieves the City of any liability for additional costs incurred by the Contractor
in his performance of the work covered by the Change Order.
Recommended By Engineer: Requested By:
Signature Contractor, Office or Owner
Attest for Contractor
Corporate Seal
' Ordered By:
City of Port Arthur, Texas
`Accepted By:
City Manager, City of Port Arthur
City Secretary
City Seal
Approved As To Form: •
City Attorney
Page .55 of 55
•
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Slip -Form Placement of Concrete
BID DUE DATE: September 14, 2011
ITEM # 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 and specification, as called for in Section 2
a. Less than 100 feet LF $ :?DOO, 1" i 9 f'J 1 a »j
b. 100 feet or more
LF $. 111
3. Placement of City Standard upright curb, per drawing
and specification as called for in Section 1
a. Less than 100 feet LF $
b. 100 feet or more
LF $
4. Placement of City Standard upright curb, per drawing
and specification as called for in Section 2
a. Less than 100 feet LF $ 0 f V7
b. 100 feet or more
LF $
to, — 1 3 —
signature Date
Page 11 of 55
Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words
shall govern. The above unit prices shall include labor, equipment overhead, profit, insurance, etc. to cover the
finished work of the several kinds called for.
BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities
in the bidding. Bids shall be good for sixty (60) days after date of bid opening.
Respectfully submitted:
)
COMPANY NAME STREET ADDRESS
SIGNATURE 0 BIDDER P.O. BOX
C;i11004'. - 'MP
PR1'NT OR TYPE NA E CITY STATE ZIP
1 j/P?- N2g06Y
TITLE AREA CODE TELEPHONE NO
4(11 ia3AV/ 40q
EM AIL FAX NO.
(
Page 12 of 55
A
BID OPENING DATE: September 14, 2011
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 POA
ADDRESS (ie'?
( �� '
CITY /STATE /ZIP ( l (1 L T - 1)/77
SEND PURCHASE ORDER TO:
l
COMPANY e9 69)t _ .
ADDRESS
CITY /STATE /ZIP
TAX IDENTIFICATION NUMBER .4t /3Z
Page 13 of 55
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
" of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
r
j— I hereby certify that I do not have outstanding debts with the City of Port Arthur. 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 pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
_ __ I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
va kteVil Cf rise _ i
Firm Name Date
; 7 4 9 - - - 2 ' ) I i el, ' 12
1t) ne7
Authorized Signature Title
, r i c 7
�� f "'
Name (please print) Telephone
I 'FL' a ' AJL'
Etna it
STATE: TY
CQ€.INTY: , 31 -e 0 it
SUBSCRIBED AND SWORN to before me by the above named /I
BSCRIBED A D S y
on this the 7:3 day •._ " r < izate4 20 / / . '
,, ,, o,�p� �u . �.,, ,, DENISE C tats OA Notary Public
;� .� : Notary Public, State of Texas !
_ = My Commission Expires !
3,7;;':<<E:, Se tember 19, 2014
RET RN 'I HIS AFFIDAVIT AS P OF THE BID PROPOSAL r- k /e.,,e,(,4-e4 ,6--Z-ejt-e-ac-
r
Page 14 of 55