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Home My WebLink AboutPR 16539: CONTRACT WITH TEXCAVATION CO. FOR BUS STOP SIGNS RECEIVE° P. R. No. 16539 201 1 Q� � � � : ' 10/24/2011 CWR RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND TEXCAVATION CO. IN THE AMOUNT OF $24,985 FOR INSTALLATION OF NINETY -FIVE (95) BUS STOP SIGNS OVER A PERIOD OF THIRTY (30) DAYS. THIS SHALL BE FUNDED FROM TX90 -X916 USING ACCOUNT 401 - 1509 - 561.89 -00. WHEREAS, the City of Port Arthur Transit desires to install ninety -five (95) bus stop signs; and WHEREAS, four (4) bids were received, as delineated in Exhibit "A ", attached hereto; and WHEREAS; U. S. Nations Capital was the lowest bid but did not have the TXDOT Certification required in the bid specs, and was therefore disqualified; and WHEREAS, Texcavation Co. was the next lowest, most responsible bidder that met the specifications, as delineated in Exhibit "B ", attached hereto; and WHEREAS, it is in the best interests of the citizens to award the contract, attached hereto as Exhibit "C ", to Texcavation Co. at a cost not to exceed $24,985; and WHEREAS, eighty percent (80 %) of the cost under grant TX90 -X916 will be covered by the FTA ($19,988) and twenty percent (20 %) will be at the City's cost ($4,997). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions are true and correct. Section 2. That the contract, attached hereto as Exhibit "C ", for the installation of ninety -five (95) bus stops signs with Texcavation Co. is herein authorized, at a cost not to exceed $24,985. s.pr16539_transit bus stop signs P.R No. 16539 10/24/201 1 C WR Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of November, A.D., 2011, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Mayor ATTEST: City Secretary APPROVED : S TO FORM: f d at C / C7 City Attorney 1 APPROVED FOR ADMINISTRATION: City ariager C ,,c��4T3 Dir tor of Public Works Dire . • of Finance (T 90- / 916) .��_. 1/� ., in_ Man Pur P Ag Director of Transit EXHIBIT "A" ++ 0 03 c 0 +; u 00 aJ c To u1 co `u O C o -CS H N L o u ut co C a) ut cu O 0 V 0 u O O N c m J = t/? 4 0 v) O O u ' u 0 °' co c N H O i- O v). co -0 0 to 0 C > 41 in aJ = u v) O u t i x O 0 aJ CU 'O O N ,i M O m 1.f). 0 , 0J r-1 0 ' 0 C N a, y o t - E 0 O N — O Lt i Q1 Z u 1 s- < O s O a, a E Q �+ a +, + 4 i „ 0 7 in co U .r H 0 I. 3 3 0 O (5 " 0 0 O m CC .0 44.. 0 M C *' u M O v) N m H +�• 0 c V N 03 v) u v' - a EL op ro X .0 co C 0 u o �' L in m c c ° c Q C 4 MI o E cu N Z 0 0 v) Vf a+ 0 t _ m M i ` ".'�. d M , u in E } - co I— <---, 7 0 ., \,, I ja. 4-1 � w a . c 0 .� 1 \ ' 17 0 c C1141'. 4-, • v J + V O • L E CO .4..• 0 (..) c 2t O O I r a CO 0 0 J EXHIBIT "B" DELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS HAROLD L. DOUCET, SR., MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD )14 CITY SECRETARY 41) RAYMOND SCOTT, JR. ELIZABETH "LIZ" SEGLER MORRIS ALBRIGHT, III o r t r t lr. u r VAL TIZENO JOHN BEARD, JR. CITY ATTORNEY ROBERT E. "BOB" WILLIAMSON Texas DERRICK FREEMAN KERRY "TWIN" THOMAS OCTOBER 10, 2011 INVITATION TO BID Bus Stop Sign Installation for the Transit Department DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 19, 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, October 19, 2011 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Bus Stop Sign 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 Scope of Work should be directed in writing to: City of Port Arthur, TX Rawetts Baaheth, Assistant Engineer P.O. Box 1089 Port Arthur, TX 77641 rbaaheth @portarthur.net Purchasing Division /Finance Department 1 Purchasing Manager, Shawna Tubbs, CPPB P.O. Box 10891444 4th Street 1 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 envelope, with the Vendor's name and address in the upper left -hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE 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. Shawna Tubbs, CPPB Purchasing Manager Page 2 of 17 INVITATION TO BID BUS STOP SIGN INSTALLATION FOR THE TRANSIT DEPARTMENT (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 17 SPECIFICATIONS FOR INSTALLATION OF BUS STOP SIGNS FOR THE CITY OF PORT ARTHUR TRANSIT DEPARTMENT SCOPE OF WORK Contractor will install 95 Bus Stop Signs throughout the City of Port Arthur. The City of Port Arthur will supply the Bus Stop Signs. SIGN MATERIALS NEEDED QUANTITY 1.0 Wedge Anchor Post 95 2.0 Sign Brackets 95 Sets CONTRACTORS RESPONSIBLITIES The specifications described below are referenced from the Texas Standard Specifications Item 644 -Small Roadside Sign Supports and Assemblies and the Texas Department of Transportation CAD Standards Sign Mounting Details for Small Roadside Signs. Contractor must submit their Texas Department of Transportation Certification for this project. 1.0 Demolition: Saw -cut and remove the existing concrete to neat lines. Avoid damaging concrete that will remain in place. Contractor is responsible for disposal of all demolished material on a daily basis and to pay required landfill tipping fees. Contractor must call the Texas Excavation Safety System before construction begins. Their number is 800 344 8377. 2.0 Location: The City of Port Arthur personnel shall provide the contractor with a list of locations according to physical addresses and bearings in addition to physically marked locations. 3.0 Construction: Contractor shall follow the Texas Standard Specifications 2004 Item 644 — Small Roadside Sign Supports and Assemblies (omitting sub -item 4 and 5). Contractor shall install sign assemblies as per the Texas Department of Transportation Standard Specification Sheets 26A — Sign Mounting Details Small Roadside Sign General Notes & Details: SMD (GEN) — 08 and 26E — Sign Mounting Details Small Roadside Signs Wedge & Universal Anchor With Thin Wall Tubing Post: SMD (TWT) — 08. No other specification shall be used. See Appendix A. 4.0 Contractor must perform construction with minimal interference to traffic. Contractor shall institute temporary traffic control practices in accordance to the Texas Manual on Uniform Traffic Control Devices. Page 4 of 17 LOCATIONS FOR THE INSTALLATION OF BUS STOP SIGNS PORT ARTHUR BUS SIGN LOCATIONS ON GULFWAY EVEN SIDE OF STREET Block Intersection 1 100 W. GULFWAY DR. HOUSTON AVENUE 2 200 W. GULFWAY DR. JOE LOUIS AVENUE 3 500 W. GULFWAY DR. RAYMOND SCOTT AVENUE 4 700 W. GULFWAY DR. LINCOLN AVENUE 5 800 W. GULFWAY DR. WASHINGTON AVENUE 6 1100 GULFWAY DR. AUGUSTA AVENUE 7 900 GULFWAY DR. ATLANTA AVENUE 8 700 GULFWAY DR. BEAUMONT AVENUE 9 500 GULFWAY DR. AUSTIN AVENUE 10 200 GULFWAY DR. DALLAS AVENUE 11 1300 GULFWAY DR. NASHVILLE AVENUE 12 1600 GULFWAY DR. MEMPHIS AVENUE 13 1900 GULFWAY DR. LAKE CHARLES AVENUE 14 2200 GULFWAY DR. LIBERTY AVENUE 15 2400 GULFWAY DR. DEQUEEN BLVD. 16 2600 GULFWAY DR. FLORIDA AVENUE 17 2900 GULFWAY DR. AT PARKER LUMBER 18 3200 GULFWAY DR. 4TH. AVENUE AT CAR LOT ACROSS FROM H.E.B. 19 3400 GULFWAY DR. GROCERY 20 3500 GULFWAY DR. ACROSS FROM CHURCH 21 3700 GULFWAY DR. 9TH. AVENUE 22 3800 GULFWAY DR. PEEK AVENUE 23 3900 GULFWAY DR. LAS PALMAS AT OLD TACO BELL 24 4100 GULFWAY DR. ROSEDALE AVENUE 25 4400 GULFWAY DR. AT O.W. COLLINS 26 4500 GULFWAY DR. GREEN AVENUE 27 4900 GULFWAY DR. JEFFERSON DR. AT WALGREEN JEFFERSON DR. AT 1ST. BAPTIST 28 5000 GULFWAY DR. CHURCH 29 5100 GULFWAY DR. LAKEVIEW AVENUE 30 5100 GULFWAY DR. WILLIAMS AVENUE 31 5200 GULFWAY DR. LAKECREST DRIVE 32 5300 GULFWAY DR. ACROSS FROM BEVERLY APTS. 33 5600 GULFWAY DR. AT SANDIFERS 34 6000 GULFWAY DR. MAIN AVENUE Page 5 of 17 PORT ARTHUR BUS SIGN LOCATIONS ON GULFWAY ODD SIDE OF STREET Block Intersection 35 6000 GULFWAY DR. MAIN AVENUE 36 5600 GULFWAY DR. ORANGE ACRES DR. 37 5300 GULFWAY DR. AT BEVERLY APTS. 38 5200 GULFWAY DR. LAKEVIEW AVENUE 39 5000 GULFWAY R. AT OLR MARKET BASKET GROCERY 40 4900 GULFWAY DR. AT FISH MARKET 41 4400 GULFWAY DR. ACROSS FROM O.W. COLLINS APTS. 42 4000 GULFWAY DR. AT POPEYES 43 3900 GULFWAY DR. SNIDER AVENUE 44 3800 GULFWAY DR. AT EAST TEX SUPPLY 45 3800 GULFWAY DR. 10TH. AVENUE 46 3600 GULFWAY DR. 9TH. AVENUE AT SHELL GAS STATION 47 3400 GULFWAY DR. 7TH. AVENUE AT H.E.B. 48 3300 GULFWAY DR. 5TH. AVENUE 3RD. AVENUE LIGHT POLE CLOSE TO TIRE 49 3000 GULFWAY DR. SHOP 50 2900 GULFWAY DR. WOODWORTH BLVD. AT LIGHT POLE 51 2700 GULFWAY DR. FLORDA AVENUE 52 2500 GULFWAY DR. DEQUEEN BLVD. 53 2300 GULFWAY DR. LIBERTY AVENUE 54 2100 GULFWAY DR GALVESTON AVENUE 55 1900 GULFWAY DR LAKE CHARLES AVENUE 56 1600 GULFWAY DR. MEMPHIS AVENUE 57 1400 GULFWAY DR. NASHVILLE AVENUE 58 1100 GULFWAY DR. AUGUSTA AVENUE 59 900 GULFWAY DR. ATLANTA AVENUE 60 700 GULFWAY DR. BEAUMONT AVENUE 61 500 GULFWAY DR. AUSTIN AVENUE 62 200 GULFWAY DR. DALLAS AVENUE 63 100 GULFWAY DR. HOUSTON AVENUE 64 200 W. GULFWAY DR. JOE LOUIS AVENUE 65 500 W. GULFWAY DR. RAYMOND SCOTT AVENUE 66 700 W. GULFWAY DR. LINCOLN AVENUE 67 800 W. GULFWAY DR. WASHINGTON STREET Page 6of17 PORT ARTHUR BUS SIGN LOCATIONS ON JEFFERSON DR. EVEN SIDE OF STREET Block Intersection 68 1700 JEFFERSON DR. AT OLD MARKET BASKET 69 2000 JEFFERSON DR AT JR. HIGH SCHOOL 70 2500 JEFFERSON DR. 25TH. STREET 71 3100 TWIN CITY HWY AT H.E.B. GROCERY PORT ARTHUR BUS SIGN LOCATIONS ON JEFFERSON DR. ODD SIDE OF STREET Block Intersection 72 1700 JEFFERSON DR. GULFWAY DRIVE 73 2000 JEFFERSON ACROSS FROM JR. HIGH SCHOOL 74 3100 TWIN CITY HWY ACROSS FROM H.E.B. GROCERY 75 4600 TWIN CITY HWY AT COMMUNITY BANK ATM 76 4500 TWIN CITY HWY AT SH 73 SIDE BY FORD DEALERSHIP PORT ARTHUR BUS SIGNS LOCATIONS ON MEMORIAL BLVD. EVEN SIDE OF STREET Block Intersection 77 3000 MEMORIAL BLVD 29th. STREET 78 3100 MEMORIAL BLVD 30th. STREET PORT ARTHUR BUS SIGNS LOCATIONS ON MEMORIAL BLVD. ODD SIDE OF STREET Block Intersection 79 2800 MEMORIAL BLVD. 27th. STREET 80 2600 MEMORIAL BLVD. 26th. STREET PORT ARTHUR BUS SIGN LOCATIONS ON US 69 ODD SIDE OF STREET Block Intersection 81 8100 US 69 Feeder Road TURTLE CREEK DRIVE 82 8300 US 69 Feeder Road AT TARGET SHOPPING CENTER Page 7 of 17 PORT ARTHUR BUS SIGN LOCATIONS ON FM 365 EVEN SIDE OF STREET Block Intersection 83 2100 FM 365 SOUTH 21ST ST. 84 2300 FM 365 AT ATRIUM BLDG. 85 2300 FM 365 AT PROMISE HOSPITAL AT MID - JEFFERSON PROFESIONAL 86 2400 FM 365 BLDG. 87 2800 FM 365 AT 2816 FM 365, TACO BELL 88 3000 FM 365 AT 3004 FM 365, PAPA JOHN'S PIZZA 89 3600 FM 365 AT 3626 HWY 365, CRICKET STORE 90 2600 FM 365 EL PASO AVENUE NEAR BEST BUY PORT ARTHUR BUS SIGN LOCATIONS ON FM 365 ODD SIDE OF STREET Block Intersection 91 3500 FM 365 9TH AVENUE AT HOME FURNITURE 92 3600 FM 365 9TH AVENUE AT WALGREEN'S 93 3900 FM 365 LAMPLIGHTER LANE 94 4100 FM 365 TARA LANE 95 4700 FM 365 SH 347 AT H.E.B. Page 8 of 17 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Bus Stop Sign Installation for the Transit Department BID DUE DATE: October 19, 2011 DESCRIPTION QUANTITY UNIT COST TOTAL COST Bus Stop Sign Installation for the Transit Department 95 $ $ Work will be complete in calendar days 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. Page 9 of 17 BID OPENING DATE: October 19, 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 Page 10 of 17 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 Page 11 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006 (a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7 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? Yes 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? Yes 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? Yes 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 Page 12 of 17 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) /substitutions(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: h' g 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. Page 13 of 17 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. 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.: Transit Department P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f 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. Page 14 of 17 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 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 Page 15 of 17 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. 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. Page 16 of 17 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. 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. 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. Page 17 of 17 APPENDIX A Ee SIGN SUPPORT DESCRIPTIVE CODES REQUIRED CLEARANCE SIGN LOCATION E ♦ os.IpHN fob. eon.. b Ir...•Ilya c d ...HI. a.. SM RD SGN ASS. TY XXXXXIX)XX(X -XXXX) FOR BREAKAWAY SUPPORT PAVED SHOULDERS T- INTERSECTION p ? .M TN. ' 11 de ▪ j; M• Men.. Rel.ol FIMIO flp Wee ROMP11 A Tot • rnln -saute Twlro law a91.1./t 91.1./t �- 1 oln HI AY i ft ern HIGHIIAT T32.3 Iw 5123137.7-11 to 151.17-711 r 151.17-711 I ER r NT ECTION INTERSECTION Vi 5/o •. Module esi• m flee Iw WIMP, WIMP, Io 1017 -77/ 1 I AHEAD AHEAD ER lee. et 14. l. It or 21 L a, - li ttnin Wear WM ,b. ER t a] � Ir: Ti o to x --� tml•r i x not 1WII a • U cereal tear - Cor.M Iw 5101,181 old 1111D1 Part. at 1- I Own i ft I -- I I Eli • -',.reel r - butt e eaa Iw 562701 oO .71, .ter. Lea 1.] t. La. 1.e t a TTO • p ay. .Iakr H.•1 - Iw 90 RR n ILa, .NOT. J _ , ,rvwl i.o x.In • 1Rw t.o ft min • I P ■ - bodee Oar 2-1.10 Iw r Gll ee crawl x ! v - sl Ipba - tvr•M Is. 51015LIP -11 b Ia1P -]I I scab 1.ed I hula Ls _f . • ]I 1pba. - Bolt. Dom Iw 510143F -11 To Ia1p -]11 yam 5b.1. Slrwl. Rol fly, Ilo1111 ,. DYisllm . @ r - 14.b. •rlelre Ina 5ID1a1F to Istn ]1. MITI. 621.11 _ LESS THAN 6 FT. WIDE GREATER THAN 6 FT. WIDE Prof. • Prof. r Use m to 151.11 1111771 , To sole Mlol• mlmrlao..cp t. ay. • L 3 . 1M MI• .Im 1• Iwbe 131 M. me of o 1 .Iot 0162., ` • TT 'o I W0190151.11 b m 1, IF]I I .E..I..21. of a D...3/ atom.. .n 111• .Ball. I• i x lees . I In •la.. .n Nor Ovule. le yvolr X62 • x In 1138. T.a foram 11. ri7k .ea at 1.. le IF fel.. .0 If I. fork-' a.v..enle M pe1M .b. .Ian me to plow at Ie . 12 x. from the slot tut e• 0162.E at Ie. . tt• free N. be In I In •IM 111s aM.l lee at Ms rvoba. Plebe 1 N 1QT a2- 1F]R • N.O. at W.I. Iw 510421.7P -tl te 1417-31. mml we Not 1 TN. ben a SO-1. al. N..Aee of N. Irani lea Wpm or N..13e.. e• ales to Iw a 00Tleel. B ! m • am.. ma Bea 1w matt,. b is o -]II - / Ilea. wee) am. Ulwl pOlul. lb On. LIT WTI Otto On 1••• 5105A., le 151.11 l �* imi Db2221. • Extra, 2.1. ]lot Pawls Iw SMIafl -]II \ BEHIND BARRIER �r•�� g : No more that 2 sign - i `• � B tt•le.. NIGHIIAY x x.1 HICMIAT '-- - - - - -- - -- F � Acceptable / Vi poets should be located / s INTERSECTION INTERSECTION ra..a 513ul. Within a 7 ft. circle. E AHEAD AHEAD • 1 •1� 1 caw of 11 ..1 lea 26 . 5 Tx. / E al.. / el.. Dee I ] i n w �� I .m tg • 8S \ �'' ``• era 1. / / /' • • • ° _ ' T�I I L. Not Acceptab I e T.O fl. an • T 1 .2- l. 1.0 x an �:: rs� 1 / 1 l l ` 00.1 A l� � -s- I r awl. I s 1 + TOP a 1 1 ft. / T x. / BEHIND GUARDRAIL BEHIND CONCRETE BARRIER e l... ' Not Acceptable • �p - Not Acceptable ..f1. oleo.. Owed m dl..v s re.. T. rof o yore Ion r 0013.1. bar s. porter.. - _ - - - - • 3171. *11 a =Wed aloe the fel lino 00litlm Nor. r.ult. In N. 0.aeet .lm *final= TYPICAL SIGN ATTACHMENT DETAIL SIGNS WITH PLAQUES RESTRICTED RIGHT - OF - WAY 0) a NlniNO of l 1.3 a naleo at 1.5 feel move the M. B ft .In. le not peeelbl..l •N. of to trawl Is r Single S I gns Back -to -Book In a .Into of T h a area of T.5 1..T mw N. Signs /� EAST Yniti yob at N. Ise of N. .tea- 1.Ilm.Im I. LLbort YY 10101 Ise on tl. bmll•Iw. HIGHWAY . =Inn wu. l la nor* nor* -'.1 b dlr.. by Iylal we., flat 1 ''',:r; EAST p wlbl• De N. .01.2-. N2-• I. 5/r, A, / - slot 0. AHEAD Bee N. Tref. tow.. ONTO. aI% Kr blaH.e 3162 M ':e4+.7. ® ICI 2-a M1.a it Nee tagoran / j U .m a.eale ..ol P.. see.. not Ia 1.2. e. m see a l a to now. ar T -Nk. Ia. SIN 4 h Shot Q •Iielallel plea. . seam. •17. � 00.e. 71•+1 6 i �TBA'y8 �arfined d Tra/le)ort ffol 4i . '.f• . CURB a GUTTER OR RAISED ISLAND P 1roff 1 r'7� b 530/7.. MU. 1. a owe ro r a n t 00.0 b ... cloy we [ I 81.-of -we ra.la.la. v/ b. a.. bol 5/12-15 lit pal.. 1.31..1•11n y., 3162 bolt �' smre.I _, ,. tx„ by . a., wa.at7en 70.62, SIGN MOUNTING DETAILS tO,7 .a.2-. flat Ns. m 1.... ow WIN all.. flat �� i1n HIGHWAY .In bur R 0 re. 4.4 r our bolt 1.117 le I ITN far almlu. saner, la y 1. \- slur Bel. INTERSECTION f°"2- SMALL ROADSIDE SIGNS Mon ,eeslot or l.. m.ee to mutt 7k AHEAD 1n•IN°"aa Non alawral...Hat. 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WITH THIN WALL TUBING POST SMD(TWT) -08 no ►021 o.._ , � d.. b._ ° ME APPENDIX B Federally Required Contract Clauses for Construction Services Contracts 1 Table of Contents 1. Fly America Requirements 2. Buy America Requirements 3. Cargo Preference Requirements 4. Seismic Safety Requirements 5. Energy Conservation Requirements 6. Clean Water Requirements 7. Lobbying 8. Access to Records and Reports 9. Federal Changes 10. Bonding Requirements 11. Clean Air 12. Davis -Bacon Act 13. Contract Work Hours and Safety Standards Act 14. Copeland Anti- Kickback Act 15. No Government Obligation to Third Parties 16. Program Fraud and False or Fraudulent Statements and Related Acts 17. Termination 18. Government -wide Debarment and Suspension (Non - procurement) 19. Privacy Act 20. Civil Rights Requirements 21. Breaches and Dispute Resolution 22. Disadvantaged Business Enterprises (DBE) 23. State and Local Law Disclaimer 24. Incorporation of Federal Transit Administration (FTA) Terms Bidders are strongly advised to read and adhere to all signature and contractual requirements. Requirements are specifically outlined within this Contract Agreement. Failure to comply with all requirements could result in the bid being rejected as non- responsive. Federally Required Contract Clauses for Construction Services Contracts 2 1. FLY AMERICA REQUIREMENTS 49 USC § 40118 41 CFR Part 301 -10 Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Model Clause /Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language. Fly America Requirements - The Contractor agrees to comply with 49 USC § 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government- financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 2. BUY AMERICA REQUIREMENTS 49 USC § 5323(j) 49 CFR Part 661 Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 3 Mandatory Clause/ Language The Buy America regulation, at 49 CFR § 661.13, requires notification of the Buy America requirements in FTA- funded contracts, but does not specify the language to be used. The following language has been developed by FTA. Buy America - The contractor agrees to comply with 49 USC § 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR § 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR § 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non - responsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 USC § 5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 USC § 5323(j)(1) and the applicable regulations in 49 CFR Part 661. Date Signature Company Name Title Certificate of Non - Compliance with 49 USC § 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC § 5323(j)(1), but it may qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR § 661.7. Date Signature Company Name 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 4 Title Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 USC § 5323(j)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 USC § 5323(j)(2)(C) and the regulations at 49 CFR Part 661. Date Signature Company Name Title Certificate of Non - Compliance with 49 USC § 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC § 5323(j)(2)(C), but may qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR § 661.7. Date Signature Company Name Title 3. CARGO PREFERENCE REQUIREMENTS 46 USC § 1241 46 CFR Part 381 Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities that may be transported by ocean vessels. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause /Language The MARAD regulations at 46 CFR § 381.7 contain suggested contract clauses. The following language is proffered by FTA. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 5 Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on- board" commercial ocean bill -of - lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 4. SEISMIC SAFETY REQUIREMENTS 42 USC § 7701 et seq. 49 CFR Part 41 Applicability to Contracts The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. Flow Down The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. Model Clauses /Language The regulations do not provide suggested language for third -party contract clauses. The following language has been developed by FTA. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 5. ENERGY CONSERVATION REQUIREMENTS 42 USC § 6321 et seq. 49 CFR Part 18 Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 6 Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause /Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 6. CLEAN WATER REQUIREMENTS 33 USC § 1251 Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/ Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements. Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control. Act, as amended, 33 USC § 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 7. LOBBYING 31 USC § 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction /Architectural and Engineering /Acquisition of Rolling Stock /Professional Service Contract /Operational Service Contract /Turnkey contracts. Flow Down 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 7 The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti- Lobbying Amendment, 31 USC § 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7. Mandatory Clause/ Language - Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, PL 104 -65 [to be codified at 2 USC § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 USC § 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti- Lobbying Amendment, 31 USC § 1352, as amended by the Lobbying Disclosure Act of 1995, PL 104 -65 [to be codified at 2 USC § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award covered by 31 USC § 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR Part 20 -- CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 8 Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PL 104 -65, to be codified at 2 USC § 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 USC § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 USC § A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 8. ACCESS TO RECORDS AND REPORTS 49 USC § 5325 18 CFR § 18.36 (i) 49 CFR § 633.17 Applicability to Contracts 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 9 Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause /Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 USC § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC § 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 CFR § 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 USC § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC § 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non - profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 CFR § 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 USC § 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC § 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 10 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR § 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Operatio Turnkey Constructi Architectu Acquisitio Profession Characteristi nal on ral n of al Services cs Service Engineeri Rolling Contract ng Stock I State Grantees None Those None None None None imposed on a. Contracts state pass below SAT None thru to Yes, if None None None ($100,000) unlessl Contractor non- unless unless unless non- competitiv non- non- non - b. Contracts competiti ; e award or competitiv competitiv competitiv above ve award if funded e award e award e award $100,000 /Ca thru pital Projects 5307/5309 /5311 II Non State Grantees Those Yes imposed on ill Yes Yes Yes a. Contracts non -state below SAT Yes Grantee Yes Yes Yes ($100,000) pass thru to b. Contracts Contractor above $100,000 /Ca pital Projects Sources of Authority: 1 49 USC § 5325 (a) 2 49 CFR § 633.17 3 18 CFR § 18.36 (i) 9. FEDERAL CHANGES 49 CFR Part 18 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 11 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause /Language No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (6) dated October, 1999) between Purchaser and FTA , as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 10. BONDING REQUIREMENTS Applicability to Contracts - For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 12 assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Model Clauses /Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction ) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to City of Port Arthur and listed as a company currently authorized under 31 CFR §, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by City of Port Arthur to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of City of Port Arthur. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of City of Port Arthur, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and /or Official Bank Check (excluding any income generated thereby which has been retained by City of Port Arthur provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense City of Port Arthur for the damages occasioned by default, then the undersigned bidder agrees to indemnify City of Port Arthur and pay over to City of Port Arthur the difference between the bid security and (Recipient's) total damages, so as to make City of Port Arthur whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) 08/09/01 • Federally Required Contract Clauses for Construction Services Contracts 13 The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the City of Port Arthur determines that a lesser amount would be adequate for the protection of the City of Port Arthur 2. The City of Port Arthur may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City of Port Arthur may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the City of Port Arthur may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non - Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. City of Port Arthur property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the City of Port Arthur, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 14 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the City of Port Arthur determines that a lesser amount would be adequate for the protection of the City of Port Arthur 2. The City of Port Arthur may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City of Port Arthur may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The City of Port Arthur shall determine the amount of the advance payment bond necessary to protect the City of Port Arthur Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The City of Port Arthur shall determine the amount of the patent indemnity to protect the City of Port Arthur Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to City of Port Arthur, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by City of Port Arthur, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 15 1 The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by City of Port Arthur and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to City of Port Arthur As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City of Port Arthur written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100 %) of the CONTRACT SUM, as adjusted (if at all). 11. CLEAN AIR 42 USC § 7401 et seq. 40 CFR § 15.61 49 CFR Part 18 Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts that exceed $100,000. Model Clauses/ Language No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC § 7401 et seq. . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 12. DAVIS -BACON ACT 40 USC § &167; 276a - 276a -5 (1995) 29 CFR § 5 (1995) Applicability to Contract Construction contracts over $2,000.00 Flow Down Applies to third party contractors and subcontractors 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 16 Model Clause /Language (The language in this clause is mandated under the DOL regulations at 29 CFR § 5.5.) (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits 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 paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) 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 rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That 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. (iv)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 17 additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the Iaborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(iv) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - The [ insert name of grantee j shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the [ insert name of grantee j may, after written notice to the contractor, sponsor, applicant, or 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 18 owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR § 5.5(a)(1)(iv) 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 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 records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 19 fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 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 on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, which is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 20 different practice prevails for the applicable a Department of Labor determines that a p p pp apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR § 5.16, 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, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration 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 approved. (iii) 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 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR § 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 21 (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR § 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001. 13. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 USC § 327 -333 (1995) 29 CFR § 5 (1995) 29 CFR § 1926 (1995) Applicability to Contracts Section 102 of the Act, which deals with overtime requirements, applies to: - all construction contracts in excess of $2,000 and; - all turnkey, rolling stock and operational contracts (excluding contracts for transportation services) in excess of $2,500. (The dollar threshold for this requirement is contained in the current regulation 29 CFR § 5.15.) Section 107 of the Act that deals with OSHA requirements applies to construction contracts in excess of $2,000 only. The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. Flow Down Applies to third party contractors and subcontractors. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 22 Model Clauses /Language Pursuant to Section 102 (Overtime): ( These clauses are specifically mandated under DOL regulation 29 CFR § 5.5 and when preparing a construction contract in excess of $2,000 these clauses should be used in conjunction with the Davis -Bacon Act clauses as discussed previously. For nonconstruction contracts, this is the only section required along with the payroll section.) (1) 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 shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the 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, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee or recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. ( Section 102 nonconstruction contracts should also have the following provision:) (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 23 number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR § 5.5(a)(1)(iv) 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 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 records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Section 107 (OSHA): (This section is applicable to construction contracts only) Contract Work Hours and Safety Standards Act - (i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 USC § section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 CFR Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii)Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor'" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. 14. COPELAND ANTI - KICKBACK ACT 40 USC § 276c (1995) 29 CFR § 3 (1995) 29 CFR § 5 (1995) Applicability to Contracts 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 24 All construction contracts in excess of $2,000. Flow Down Applicable to all third party contractors and subcontractors. Model Clauses /Language 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The language can be found at § 5.5(a)(5) of the Davis -Bacon model clauses and reads as follows: Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. Since there is no specific statutory or regulatory requirements for additional mandatory language, I would recommend that no additional clauses are necessary for this provision. 15. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/ Language While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 16. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 USC § 3801 et seq. 49 CFR Part 31 18 USC § 1001 49 USC § 5307 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 25 Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause /Language These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC § 3801 et seq. . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 17. TERMINATION 49 USC Part 18 FTA Circular 4220.1D Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. 08/ 09/ 01 Federally Required Contract Clauses for Construction Services Contracts 26 Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause /Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The City of Port Arthur may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City of Port Arthur to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Port Arthur, the Contractor will account for the same, and dispose of it in the manner the City of Port Arthur directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Port Arthur may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Port Arthur that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Port Arthur, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The City of Port Arthur in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City of Port Arthur's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor or written notice from City of Port Arthur setting forth the nature of said breach or default, City of Port Arthur shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City of Port Arthur from also pursuing all available remedies against Contractor and its sureties for said breach or default. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 27 d. Waiver of Remedies for any Breach In the event that City of Port Arthur elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City of Port Arthur shall not limit City of Port Arthur's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The City of Port Arthur, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Port Arthur may terminate this contract for default. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Port Arthur may terminate this contract for default. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City of Port Arthur, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and City of Port Arthur shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Port Arthur h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City of Port Arthur may terminate this contract for default. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the 08/09/01 Federally Required Contact Clauses for Construction Services Contracts 28 Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the City of Port Arthur in writing of the causes of delay. If in the judgment of the City of Port Arthur, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Port Arthur shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The City of Port Arthur may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 29 j. Termination for Convenience of Default (Cost -Type Contracts) The City of Port Arthur may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Port Arthur or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Port Arthur, or property supplied to the Contractor by the City of Port Arthur If the termination is for default, the City of Port Arthur may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Port Arthur and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Port Arthur, the Contractor shall be paid its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the City of Port Arthur determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Port Arthur, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 18. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON- PROCUREMENT) 49 CFR Part 29 Executive Order 12549 Applicability to Contracts Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub - recipients from contracting for goods and services from organizations that have been suspended or debarred from receiving Federally assisted contracts. As part of their applications each year, recipients are required to submit a certification to the effect that they will not enter into contracts over $100,000 with suspended or debarred contractors and that they will require their contractors (and their subcontractors) to make the same certification to them. Flow Down Contractors are required to pass this requirement on to subcontractors seeking subcontracts over $100,000. Thus, the terms "lower tier covered participant" and "lower tier covered transaction" include both contractors and subcontractors and contracts and subcontracts over $100,000. Model Clause/ Language (Instructions) The certification and instruction language is contained at 29 CFR Part 29, Appendix B, and must be included in IFB's and RFP's [for inclusion by contractors in their bids or proposals] for all contracts over $100,000, regardless of the type of contract to be awarded. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Lower Tier Covered Transactions (Third Party Contracts over $100,000). 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 30 Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below . 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, City of Port Arthur may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to City of Port Arthur if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered II 11 " "persons," II transaction, :participant, persons, "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact City of Port Arthur for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by City of Port Arthur 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 31 is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, City of Port Arthur may pursue available remedies including suspension and /or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 CFR § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. 19. PRIVACY ACT 5 USC §552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause /Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 32 (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 20. CIVIL RIGHTS REQUIREMENTS 29 USC § 623, 42 USC § 2000 42 USC § 6102, 42 USC § 12112 42 USC § 12132, 49 USC § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/ Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shorten the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49 USC § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq. ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 33 advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623 and Federal transit law at 49 USC § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 21. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1D Applicability to Contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses /Language FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City of Port Arthur's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 34 decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City of Port Arthur, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Port Arthur and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Port Arthur is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Port Arthur, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 22. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Applicability to Contracts DEE provisions only apply to all DOT - assisted contracts. Disadvantaged Business Enterprise Provision 1. The Federal Fiscal Year goal has been set by City of Port Arthur in an attempt to match projected procurements with available qualified disadvantaged businesses. City of Port Arthur's goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by City of Port Arthur as set forth by the Department of Transportation Regulations 49 CFR Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any Contract Agreement resulting from this request for proposal. If a specific DBE goal is assigned to this Contract Agreement, it will be clearly stated in the Special Specifications, and if the Contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, City of Port Arthur may declare the Contractor non - complaint end in breach of Contract Agreement. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 35 Contract Agreement. (a) Policy - It is the policy of the Department of Transportation and City of Port Arthur that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract Agreement financed in whole or in part with federal funds under this Contract Agreement. Consequently, the DBE requirements of 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, apply to this Contract Agreement. ment. The Contractor agrees to ensure that DBE's as defined in 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Contract Agreement. In this regard, the Contractor shall take ell necessary and reasonable steps m accordance with the regulations to ensure that DBE's have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of City of Port Arthur to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of City of Port Arthur's procurement activities is encouraged. (b) DBE obligation - The Contractor end its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Contract Agreement. In that regard, ell Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for end perform contracts. (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, the City of Port Arthur may declare the Contractor non - complaint end in breach of Contract Agreement. (d) The Contractor will keep records and documents for a reasonable time following Agreement to indicate compliance With City of this Contract p ty of Port Arthur's DBE P g program. These records and documents will be made available et reasonable times and places for inspection by any authorized representative of City of Port Arthur and will be submitted to City of Port Arthur upon request. (e) City of Port Arthur will provide affirmative assistance as may be reasonable and necessary to assist the prime Contractor in implementing their programs for DBE participation. The assistance may include the following upon request: * Identification of qualified DBE * Available listing of Minority Assistance Agencies 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 36 * Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the Contract Agreement: (a) Disadvantaged business "means a small business concern ": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is et least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51% of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - This section is being developed to reflect the new rule in 49 CFR Part 26. 23. STATE AND LOCAL LAW DISCLAIMER Applicability to Contracts This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. Model Clause/ Language FTA has developed the following language. State and Local Law Disclaimer - The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. 24. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1D 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 37 Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause /Language FTA has developed the following incorporation of terms language: Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 08/09/01 EXHIBIT "C" CONTRACT FOR THE INSTALLING OF BUS STOP SIGNS THIS AGREEMENT, made this day 8th 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 Texcavation Co. a (n) Sole Proprietorship herein acting by and through Thomas Smallwood 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 30 days from the date on the Notice to Proceed. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with ten (10) days written notice. 2. The Contractor will perform Installation of Ninety -five (95) Bus Stop Signs as stated in the Contract Documents. 3. 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. 4 The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the sum of $ 24,985. 6. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Federally Required Contract Clauses 6) Notice of Award 7) Notice to Proceed 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Page 1 of 2 8. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( 2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2011 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2011 ATTEST TEXCAVATION CO BY CITY SECRETARY Thomas Smallwood Page 2 of 2 CITY OF PORT ARTHUR. TEXAS BID SHEET BID FOR: Bus Stop Sign installation for the Ta ansit Depar•tmen BID DUE DATE: October 29. 2011 DESCRIPTION OUANTITV UNIT COST TOTAL COST Bus Stop Sign installation for the Transit Department a S ?vim ca5, Work will be complete in 36 calendar days 677 , D, - //4-5‘ COMPANY NAME STREET ADDRESS SIGNATURE. OF BIDDER P.O. BOI: • PRINT OR TYPE NAME CITY STATE ZIP 1� rte. 7,13 i"s /? e TITLE AREA CODE TE LEPHONE NO EMAIL FAX NO. • Page 9 of 17 BID OPENING DATE: October 19. 2011 t CITY OF PORT ARTHUR INSTRUCTIONS TO BIDDER Bidders are requested to furnish their complete REUIIT TO ADDRESS and TAX IDENTIFICATION NUMBER as indicated below: 1?.EI\'I1T PAYMENT TO: COMPANY /G- >teift. l ADDRESS I /(., CITY/STATE/ZIP /4e-----3410 / 7? fel " � :END PURCHASE ORDER TO: COMPANY //-)Ca -LI. /th ' 6 ADDRESS (j f 7 Vistenes"' CI TY /STATE /ZIP rkcsiAO Z 7751 TAX IDENTIFICATION NUMBER . %r 1 } Page 10 of 17 __ 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 f do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. 1 further agree to nay succeeding debts as they becont� due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree 1,. enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. /6 ieV(?/// Firm Name Dare / /7/1,0e-Vie— 6-1 e Authorized Signature Title 724,, / 7- 7/3 -- :955 Name (please print) Teiephone 16X4If(✓ td Lit. geft,c, ) e. �G�d2y Email STATE: T COUNTY : SUBSCRIBED AND SWORN to before me by the above named71 ,S41 on this the day of ( 20 / l . : Notary Public, State of Texas My C;mrnissio:1 Expire:; July 23, 2313 '''' AFFIDAVIT AS PART OF THE BID PROPOSAL • Page 11 of 17