HomeMy WebLinkAboutPR 17240: TRANSIT RENOVATIONSTRANSIT DEPARTMENT
MEMORANDUM
TO: Floyd Johnson, City Manager
FROM: Debra D. Ambroise, Transit Planner
SUBJECT: P.R. No. 17240- Transit Renovations
DATE: September 5, 2012
RECOMMENDATION:
I recommend that the City Council award Proposed Resolution No. 17240 for Transit
Renovations to N & T Construction Company of Beaumont Texas in an amount not to exceed
$876,000.
BACKGROUND:
Purchasing received four bids on August 29, and two (2) bids were disqualified due to being
unresponsive. The following is the tabulation of bids received.
BIDDERS)
Goss Builders ................ Beaumont. Texas ................................ $1,015,000
Icon Builders .................Port Arthur, Texas ............................... SQU IFIED
DI AL
N &T Construction .......... Beaumont, Texas ........ .......................$876,000
Patriot Security ..............Nederland, Texas ............................... DISQUALIFIED
BUDGETARY /FISCAL EFFECT:
Funding for the renovations has been allocated through Federal Grant(s). The cost shall be
covered by Grant No. TX -90 -X859, and ARRA I Grant No. TX -96 -X040.
STAFFING/EMPLOYEE EFFECT:
The proposed renovations will ensure the employees of the Port Arthur Transit Department will
be housed in a code compliant building.
SUMMARY:
I recommend that the City Council award Proposed Resolution No. 17240 for Transit
Renovations to N & T Construction Company of Beaumont Texas in an amount not to exceed
$876,000.
P.R. No. 17240
9/5/2012 DDA
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH N &T CONSTRUCTION OF BEAUMONT, TEXAS, FOR
RENOVATIONS OF THE TRANSIT SERVICE BUILDING IN AN AMOUNT NOT TO
EXCEED $876,000. FUNDING ALLOCATED IN ACCOUNT NO(S).401- 1509 - 561.82 -00
(FEDERAL GRANT #TX -90 -X859) AND 402 - 1508 - 561.82 -00 (FEDERAL GRANT #TX-
96- X040).
WHEREAS, the City of Port Arthur Transit Department has received funding for
renovations to the Transit Service Building located at 320 Dallas Avenue; and,
WHEREAS, Four bids were received on August 29, 2012, and bids were disqualified
due to being unresponsive as delineated in (Exhibit "A "); and,
WHEREAS, N & T Construction of Beaumont, Texas was the lowest and most
responsive bidder per contract (Exhibit `B "); and,
WHEREAS, in accordance with the Federal Transit Administration (FTA) Rules and
Regulations, the contract awardee has read and signed all of the federally required contract
clause for construction services contract as delineated in Exhibit "C ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PORT
ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized to enter into a contract with N & T
Construction of Beaumont Texas for renovations of the Transit Service Building in an amount
not to exceed $876,000.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
- - _ _ - __ __t - MFrr
P.R. No. 17240
9/5/2012 DDA
Page 2 of 2
READ, ADOPTED, AND APPROVED this the
October, A.D. 2012, at a
Regular Meeting of the City Council of Port Arthur Texas, by the following vote:
AYES: MAYOR:
COUNCIL MEMBERS:
NOES:
Mayor
ATTEST:
City Secretary
APPROVE AS TO FORM:
City Attoni
APPROVED FOR ADMINISTRATION:
City Manager
Director of Transit
A /� —
Purchasing Mana r 11irector of Finance
EXHIBIT "A"
v
m
x
ea
�
�
m
z
o
rm
o
�
r
o
�
0
m
0
R�
o�
N
CD
O
Y
n
y
m CD
b
O
^C
O
Y
N
^]
Y�1
v
rA
N
CrJ
v
N
n
N
�
n
�
co
O
C'
o
'
0
z
N
V]
r
Y
CO
v
�
Y
o
z
r�
EXHIBIT "B"
THE STATE OF TEXAS '
COUNTY OF JEFFERSON '
PARTIES
followis? sections:
A. Agreement
B. Advertisement for
General
E. Bich ,
F. Bidder's Information Sheet
G. Notice to Proceed
H. Addendums
1
A. AGREEMENT
The Parties agree as follows:
WITNESSETH: That for and in consideration of the payments, terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The CONTRACTOR will commence and complete; the construction of the
improvements to (insert name of the project).
2. The CONTRACTOR agrees that for and i ,,.consideration of the payments and
agreements hereinafter mentioned, to be made and performed by City and Contractor,
Contractor hereby agrees to commence ari4 complete performance ofthe:work specified
above and all extra work in connection therewith, user the terms and Conditions as
stated in this Agreement, and at his (or their) owe ro cost and expense to furnish all
t
materials, supplies, machinery, equipment, tools, wperintendence, labor, insurance, and
other accessories and services accessary to comply, ,the work specified above, in
accordance with the conditions and prices stated in th&j§ pec ifications attached hereto,
and in accordance with this Agreement, : in accordance with the plans, which
includes all maps, plats, bluepria�s, and othl drawings and printed or written
explanatory mattes thereof, and the ecifications therefore (all collectively referred to
herein as " e Contra'ct' ,Documents'), as prepared by ,
all of which are made a part hereof and collectively
evidence and constitute the entire contract.
The CONTRACTOR will commence the work required by the Contract Documents
(in or before a date to be specified in the Notice to Proceed and will complete the
same within days as specified in the Notice to Proceed, including, but
riot limited to, all 94turdays, Sundays and Federal, State, and City holidays unless the
period for completion is extended otherwise by the Contract Documents.
4. The CONTRACTOR agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for the sum of $ ($ )
for completed and accepted work as set forth and adjusted in accordance with the terms
of this Agreement.
2
modifications or improvements to them) that Contractor prepares or provides under this
Agreement.
A "Notice to Proceed" means a written communication from the City of Port Arthur's
Purchasing Division and the Engineer /Architect to Contractor instructing Contractor to begin
performance. "Parties" mean all the entities set out in the Preamble who are bound by this
Agreement.
C. PRIOR. TO PERFORMANCE OF WORK
1. Examination of Contract and Site. Condor specifically represents that tt has
carefully examined the plans, the geotechnical report;,,, ny, and the site of the proposed work
and is thoroughly familiar with the nature and location of the ork, the confirmation of the ground
and soil, the nature of any structures, the character quality, and quantity of the material to be
utilized, the character of equipment and facilities for and during the prosecution of the work, the
time needed to complete the work, Contractar's ability to meet all deadlines and schedules required
by this Agreement, the general and local conditions,; ill other matters that in any way affect the
work under this Agreement, having had the opportunity to 66 duct any and all additional inquiry,
tests and investigation that he /sh deems necessary and proper.
2. Continuing Obligation. Before undertaking`` each part of the work, Contractor shall
carefully study the Contract Documents to . check and verify pertinent figures shown thereon
compare accurately ,to all applicable field measurements. Contractor shall promptly report in
writing ,t City's representative any conflict, error, ambiguity or discrepancy which Contractor
may di ccw er and shall obtain a writt -n, interpretation or clarification from City's Representative
before proceeding with any 'Work affected thereby. Contractor shall be liable to City for failure
;\
to report anyconflict, error; ambiguity or discrepancy in the Contract Documents of which
Contractor knees car reasonably `should have known.
3. City will not be responsible for additional expenses incurred by Contractor to perform
extra work necessitated by conditions which were discoverable by Contractor prior to beginning
work and which Contractor failed to include in its proposal.
D. DUTIES OF CONTRACTOR
(1) Job Examination
0
Bidder should carefully examine and be familiar with the Plans, Specifications and other
documents and other conditions and matters which can in any way affect the work or the cost
thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified
representative has visited the job site and investigated and satisfied himself as to: (a) the
conditions affecting the work including but not limited of the physil conditions of the site
which may bear upon site access, handling and storage of tools and mal�q als, access to water,
electric or other utilities or otherwise affect performance of required activiti : (b) the character
and quantity of all surface and subsurface material
this information is reasonably ascertainable from i
be
far as
work done by the OWNER or a designatdd °t
relieve a successful Bidder of the obligation
out the provisions of the C94 trac Documents
considerations set
in regard to subsurface
and does not relive
any failure
11101.
tion of the site, including exploratory
Failure'to do all of the above will not
labor necessary to carry
contemplated work for the
shown in the specifications or on the Plans
st borings and similar conditions is to be considered approximate
of thp. responsibility for its verification. OWNER is not
he CONTRACTOR to acquaint himself with available
information for estimating properly the difficulty or cost of successfully performing the work.
The OWNER is not ro ponsible for any conclusions or interpretations made by the
CONTRACTOR on the basis of the information made available by the OWNER. In conformity
with applicable statutes, the OWNER has adopted a labor classification and a minimum wage
scale, which is included preceding the Specifications.
(2) Coordinate Performance
5
Contractor shall coordinate its performance with the City Manager of his DesigneeCity
Manager or his designee and Engineer /Architect.. Contractor shall promptly inform the City
Manager or his designee, Engineer /Architect and other person(s) of all significant events relating
to the performance of this Agreement.
(3) Ic'eports
Contractor shall submit all reports and progress updates requir i, by the City Manager or
his designee and Engineer /Architect.
E. CONSTRUCTION RESPONSIBILITIES
1. Specifications. Contractor shall construct the irnproyementsrequired by the description of
work set out in the Contract Documents ("the Improvements") in a competent and efficient manner
in accordance with the procedures, spy fications and stanrds contained in the Contract
Documents and all regulations, ordinances or so6cifications applica , to such Improvements, such
specifications, standards, regulations and ordinances being expressly incorporated herein by
reference and being made a part of the agreement as, though Wotten herein.
2. Unforeseen Condition'.' Contractor must notify City in writing as soon as reasonably
possible, but no later the three (31-alendar days, if unforeseen conditions are encountered at the
site which are unknown physical conditions of an unusual nature, that differ materially from
those norm all > encountered rn the type work being performed under this Agreement. If it is
determined by City hat such conditions differ materially and cause an increase or decrease in the
cost of tsar time required dr perfong ° of any part of the work, City's representative will
determih whether or not an uquitabld� adjustment in the price or time for performance will be
made, taking Ito consideration. Section I and other applicable provisions of this Agreement. If it
is determined that conditions are not materially different from those indicated in the
Contract Documentsthe price and time period will not be adjusted.
3.Protection ofLines. Notwithstanding any other provision of this Agreement, Contractor
is solely responsible for the location and protection of any and all public utility lines and utility
customer service lines in the work area. Contractor shall indemnify or reimburse such
expenses or costs (including fines that may be levied against City) that may result from
unauthorized or accidental damage to all public lines and utility customer service lines in
the work area. City reserves the right to repair any damage Contractor causes to such utilities at
Contractor's expense. If a public line and /or customer service line is damaged by Contractor,
6
Contractor shall give verbal notice within one (1) hour and written notice within twenty -four (24)
hours to City's representative.
4. Good and Workmanlike Manner. All work on the Improvements shall be performed
in a good and workmanlike manner and to the satisfaction of the City or its representative. City shall
decide all questions which arise as to the quality and acceptability of materials furnished, work
performed, and the interpretation of specifications.
S. Facilitate Inspection. Contractor shall furnis1
every reasonable facility for ascertaining whether or not the a or>jC
the specifications applicable thereto. Any work done or material
by City may be ordered removed and replaced at Contractor
Contractor to allow for inspection, to test materials wished,
replace, if so directed, rejected, unauthorized or condemned,,,W+
other request or order of City or City's representative, Cit!�`
failure and may suspend inspections of skh work until such fai
not remedied to the satisfaction of City, qty have no o
approve or accept the Improvements.
6 Means and
means, methods, techniq
responsible to see that: ,
City may reject any of the
were not constructed in ac(
7. Wo
wholly or partially
(1) ify,of the
this Agreement;
(2) until ariy 6bj
s representative with
as in accordance with
used without suitable inspection
expense. Upon, failure of the
atisfactorily reppr remove or
or materials, a to follow any
notify the Contractor of such
is remedied. If such failure is
ation under this agreement to
of Construcn. Contractor shall be solely responsible for the
ences and predures of construction. Contractor shall be
t d Work comri lies accurately with the Contract Documents.
rents for which, in the judgment of the City, the Improvements
shall have the right to order the work of the Contractor
furnished or the work being done is not in strict accordance with
person or material is removed from the premises; or
(3) if any portion of the work is being performed so as to create a hazardous condition.
Such stoppage or suspension shall neither invalidate any of Contractor's performance obligations
under this Agreement, including the time of performance and deadlines therefore, nor will extra
charges be allowed the Contractor by reason of such stoppage or suspension.
7
8. Permits and Licenses. The Contractor shall secure and pay for all necessary
permits and licenses, governmental fees, and inspections necessary for the proper execution and
completion of the work. During this Agreement term and /or period during which the Contractor
is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and
lawful orders of any public authority bearing on the performance of the work.
9. Royalties and Licensing Fees. The Contractor shall pa
fees. The Contractor shall hold the City harmless and indemnify the
any royalties, damages, losses or expenses including attorney's
otherwise, growing out of infringement or alleged it
methods used in the project. It shall defend all suits or
rights.
10. Safety Precautions. Safety precauti
techniques and processes for which the Contractor
solely responsible for handling and use of ha;
persons, property, and the work as may be necess,
for
royalties and licensing
from the payment of
for suits, claims or
)atents, materials and
of any patent
the si ,t+p are a part of
e splefy responsible. r
[e Contractor is
or waste, and informing
shall provide copies of all
obligation to protect or warn any
of the work set forth herein. The
ry measures for the protection of
12. Failure , of Safety„ Devices. The Contractor shall be held responsible for all
damages to property, personal injuries and /or death due to failure of safety devices of any type or
nature that may be requir4 to protect or warn any individual of potential hazards created by the
performance „of the work s+etiforth herein; and when any property damage is incurred, the
damaged portion shall immediately be replaced or compensated for by the Contractor at its own
cost and expense.
13. Indemnio for Safety Failure. The Contractor shall indemnify City from any
liability caused by the Contractor's failure to comply with applicable federal, state, or local
regulations, that relate to or concern the maintenance of a safe and protected working
environment and the safe use and operation of machinery and equipment in that working
environment no matter where fault or responsibility lies. Such indemnity shall indemnify and
protect the City from the consequences of the City's own negligence, whether that negligence is
the sole or concurring cause of the injury, death, or damages.
F. SCHEDULE OF PERFORMANCE TIME OF PERFORMANCE
The City of Port Arthur's Purchasing Department in conjl
or his designee shall provide Contractor a written N
performance (Start Date). Contractor shall begin its
Contractor shall complete its performance
City Council extends the time for completion by the
acknowledges that time is of the essence.
G. PAYM
AND P.
Contractor shat
materials, or equipmer
DEFEND AND IND
1
fiction with the City Manager
d speg a date to begin
no later thaitithe Start Date.
the Start Date unless the
formal resolution. Contractor
RMANCE
crake timely' "payments to all .persons and entities supplying labor,
for the formance- this Agreement. CONTRACTOR SHALL
NIFY THE CITY TROM ANY CLAIMS OR LIABILITY ARISING
OUT OF CONTRACTOR'S FAILURE TO MAKE THESE PAYMENTS. Contractor must
obtain a payment:.bo id as required by Chapter 252 of the Local Government Code and Chapter
2253 of the Government Code. Contractor shall furnish a performance bond and payment bond
for one hundred percent (100 %) of the Contract price, conditioned on Contractor's full and
timely performance of the Agreement (and payment of subcontractors). The bond(s) must be in
a form approved by the City Attorney and issued by a corporate surety authorized and admitted
X
to write surety bonds in Texas. If the amount of the bond exceeds $100,000, the surety must be
listed on the current list of accepted sureties on federal bonds published by the United States
Treasury Department or reinsured for any liability in excess of $100,000 by a reinsurer listed on
the U.S. Treasury list. A copy of both the performance and payments bonds must be furnished to
the Purchasing Division prior as delineated in the Initiation to Bid. A Notice to Proceed cannot
be issued without proof that the bonding requirements h
(1) Encumbrances. Contractor shall promptly pay all workmen and,
aterialmen and
shall not allow liens to be placed on the Improvenk
acceptance of the Improvements by City, the Improverh sl
and clear of all liens, claims, charges or encumbrances cif
Improvements, any claim, lien, charge or encumbrance is r
Improvements, or land dedicated to the City,:to which they are
by City promptly cause such claim, lien, charge oar _mcumbi
promptly post a bond with City in the amount of such c"la* ]
of the City, to insure payment of such claim, lien, charge or ert
(2) Work Rejection. - All - work deemed not in conformi
on completion and approval or
become the property of City free
kind. If, after acceptance of the
or found to exist, against the
iced, Contractor shall upon notice
e to �e satisfied and released or
charge or encumbrance, in favor
with this Agreement as determined
by City, in its sole discretion, may � subject to rejection by City. City may reject any work found
or determined by it to be € of ective, or not in accordance with this Agreement. City may reject said
work or any portion thereof regardless of the stage of its completion or the time or place of
discovery of sued evors. Further, ; City may reject said work regardless of whether City has
previously accepted the work thrhugh oversight or otherwise. Neither observations by City nor
inspections tests, certificates pr approv#,s made by City shall relieve Contractor from its obligation
to perforrn the work in accordance with the requirements of this Agreement and related documents.
(3) Remedial Work. If the work or any part thereof is rejected by City, it shall be deemed by
City as not; nformity with the Agreement and related documents. Any remedial
action reciulied, ' as set forth herein, shall be at the Contractor's expense, as follows:
1. Contractor may be required, at City's option, after notice from City, to remedy such work so
that it shall be in full compliance with this Agreement. All rejected work or materials shall
be immediately replaced in order to conform with this Agreement.
2. If City deems it expedient to correct work damaged or not done in accordance with this
10
Agreement, an equitable deduction from the agreed sum shall be made by City at City's sole
discretion.
(4) Changes to work or price. No changes shall be made, nor will bills for changes,
alterations, modifications, deviations, and extra orders be recognized or paid except upon the written
order from authorized personnel of the City.
(S) Liquidated Damages. The time for the final completion of the work described herein is a
reasonable time, taking into consideration all conditions and usual industrial conditions
prevailing in this locality. The amount of liquidated damages r the Contractor's failure
to meet the deadline for final completion are fixed and agreed upon by the Contractor
because of the impracticality and extreme difficulty in fixing ate- ascertaining actual
damages that the City in such event sustain. The amounts to be charged_we agreed to be
damages the City would sustain and shall b,etained'by the City from current periodic
estimates for payment and from final payment.
(6) Delay Damages. If the ContrWer,shc
work within the time herein spopfia
City, then the Contractor does hereby
of this Agreement, that City may ,,)A
compensation the sure ,of Two Hun
calendar day that the &Wactor shall
the work, not'as a penalty, but as liqui
don
225
I neglect, �fai4- r refuse to finally complete the
,r any proper ektension thereof granted by the
ee as part of the ponsideration for the awarding
bold p' anently from the Contractor's total
and Fifty )ollars ($250.00) for each and every
in default after the time for finally completing
Dd damages for the breach of this Agreement.
iling rate of per diem wages for all construction
or related subcontracts, according to the provisions of Chapter
-ode and as delineated in the Initiation to Bid.
CONTRACTOR AGREES TO AND SHALL RELEASE THE CITY, ITS
AGENTS, EMPLOYEES, OFFICERS,
AND LEGAL REPRESENTATIVES
11
E.RELEASE
1
12
OCCURRENCE WI TTRACTOR SHALL NOT INDEMNIFY THE CITY
FOR AE. CITY'S SOLE NEGLIGENCE.
F. INSURANCE
Contractor shall maintain in effect certain insurance coverage and shall furnish
certificates of insurance, in duplicate form, before beginning its performance under this
Agreement as stated in the Invitation to Bid.
13
t ----Nw
All policies except Professional Liability and Worker's Compensation must name the
City as an additional insured. The issuer of any policy (1) shall have a Certificate of Authority to
transact insurance business in Texas or (2) shall be an eligible non - admitted insurer in the State
of Texas and have a Best's rating of at least B+ and a Best's Financial Size Category of Class VI
or better, according to the most current edition Best's
maintain the- following insurance coverages in the following
1
2.
usu�ance (with "::We
Arthur, its Officers,
all persons providing
Contractor shall
ver of
cents &
nsutrance requirements of
28 TAC Section 1 10.110,
hereby incorporated by
type insurance. No. "XCU"
#BLE. Products /completed
id' CITY of Port Arthur, its
be named as an additional
Officers, Agents, and Employees must
Standard Worker's Compensation
subrogation in favor of the City of 1'(
Employees). (City and Contractor aj
shall comply with the workers compe
Section 406.096 of the Texas Labor C
a copy of which is attached hereto
reference.)
Commercial General Liab py burr(
RESTRICTIONS SHALL 13E A 4
operations coverage must b 'e include
d. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or,
e. Minimum aggregate policy year limit of $2,000,000 for contracts in
excess of $100,000.
Comprehensive Automobile Liability (including owned, non -owned and
hired vehicles coverage).
14
t —Iw
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.
All insurance policies must require on their face, or by endorsement, that the insurance
carrier waives any rights of subrogation against the City, and that ittall give 30 days written
notice to the City before they may be canceled, materially changed nonrenewed. Within the
30 day period, Contractor shall provide other suitable ,,policies in lied .,qf those about to be
canceled, materially changed, or nonrenewed so as to maintain in effect the requ# pi coverage. If
Contractor does not comply with this requirement, the pity, at his 6r her sole discretion, may
G. WARRANTIES
acts j'lwarrants that it shall 'perf6im all work in a good and workmanlike manner,
standards of quality prevailing in Jefferson County, Texas for work of this kind.
Contractor shall perform all brk using trained and skilled persons having substantial experience
performing the 'work requirod under this Agreement. With respect to any parts and goods it
furnishes, Contractor Warrants:
(1) that all items are free of defects in title, design, material, and
workmanship,
15
(2) that each item meets or exceeds the manufacturer's specifications and
requirements for the equipment, structure, or other improvement in which
the item is installed,
(3) that each replacement item is new, in accordance with original equipment
manufacturers specifications, and of a
quality of the item which it replaces (
and
(4) that no item or its use
H. COMPLIANCE WITH LAWS
Contractor shall comply with all t1 cable state and
City Charter and Code of Ordinances including copiance with
Statutes, Women
(DBE) program in
49 CFR Part 26.
I. ENVIRONMl1TAL
t,'cintractor shall i a
at least as good as the
laced item was new),
copyright, or prop ,ri 'ary right.
laws and regulations and the
Employment Opportunity
Business Enterprise
U.S. Department of Transportation (DOT),
with all rules, regulations, statutes, or orders of the
y ( "EPA "), the Texas Natural Resource Conservation
Commission ( "TNkeC "), ,arid any other governmental agency with the authority to promulgate
environmental rules and regulations. Contractor shall promptly reimburse the City for any fines
or penalties levied against the City because of Contractor's failure to comply.
Contractor shall not possess, use, generate, release, discharge, store, dispose of, or
transport any Hazardous Materials on, under, in, above, to, or from the site except in strict
16
compliance with the Environmental Regulations. "Hazardous Materials" mean any substances,
materials, or wastes that are or become regulated as hazardous or toxic substances under any
applicable federal, state, or local laws, regulations, ordinances, or orders. Contractor shall not
deposit oil, gasoline, grease, lubricants, or any ignitable or hazardous liquids, materials, or
substances in the City's storm sewer system or sanitary sewer system or elsewhere on City
x
Property in violation of the Environmental Laws.
J. DUTIES; OF CITY
1. Payment Terms
Progress payments may be paid based upon a pefdeq
retainage. An Application for Payment mkt be approved by
Manager or his designee and Engineer /Architect: `Uponn writt
Engineer /Architect and the
the City's Finance Detn
payment under this
Payment indicating
request for
or
of the work completed, less the
Engineer /Architect and the City
of both the
may be submitted to
payment to be rendered. When approving a progress
t, the Contractor must provide a detailed Application for
aid by and the rationale in support of the payment. The
ients shall include an itemization of the amounts
requested, related to the various elements of work required by the contract covered by the
payment requested City teserves the right to request additional supporting data in a form
and detail if necessary.
Retainage, 1 Payments. As security for the faithful completion of the Improvements, Contractor
and City agree that City shall retain ( )% percent of the total dollar amount of the contract
price until after final approval or acceptance of the Improvements by City. City shall thereafter pay
17
When the Work is found to be substantially complete, the Engineer /Architect shall inform
the City Manager 4 -his designee about the balance of the Contract Sum remaining to be paid the
Contractor, including the amount to be retained from the Contract Sum, if any, for final
completion or correction of the Work.
The Engineer /Architect shall forward to the Owner the following information received from
the Contractor:
IR
__ _ r —70r
(1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the
making of final payment;
(2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the City
against liens; and
approval of the, invoices.
4. If the Carty disputes any items in an invoice Contractor submits for any reason,
including lack of suupporting documentation, the City Manager or his designee and
Engineer /Architect shall temporarily delete the disputed item and pay the remainder of the
invoice. The City Manager or his designee and Engineer /Architect shall promptly notify
Contractor of the dispute and request remedial action. After the dispute is settled, Contractor
19
shall include the disputed amount on a subsequent regularly scheduled invoice or on a special
invoice for the disputed item only.
The City mad , t inate'tjo Agreement at any time by giving 30 days written notice to
Contractor. The City's right to terminate this Agreement for convenience is cumulative of all
rights and remedies which exist now or in the future.
On receiving the notice, Contractor shall, unless the notice directs otherwise, immediately
discontinue all services under this Agreement and cancel all existing orders and subcontracts that
are chargeable to this Agreement. As soon as practicable after receiving the termination notice,
Contractor shall submit an invoice showing in detail the services performed under this
Agreement up to the termination date. The City shall then pay the fees to Contractor for services
20
actually performed, but not already paid for, in the same manner as prescribed herein unless the
fees exceed the allocated funds remaining under this Agreement.
TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR
SERVICES RENDERED ARE CONTRACTOR'S ONLY REMEDIES FOR THE CITY'S
TERMINA]['ION FOR CONVENIENCE, WHICH DOES NOT
OR BREACH OF THIS AGREEMENT. CONTRACT
THAN ITS CLAIM FOR PAYMENT AS SPECIFI
NOW OR IN THE FUTURE FOR F
RESULTING FROM THE CITY'S TERMINATION
(a) Completion of Work. Wherein the Cont
City has terminated the contract for cause, lien the City
of the work in the following manner:;
A DEFAULT
CLAIM (OTHER
IT MAY HAVE
OR OTHER: .DAMAGES
CE.
abandoned the project or the
n may provide for completion
(1) The City may employ such force of workers and use of instruments, machinery,
equipment, tools, materials, and supplies as said the City may deem necessary to
complete the work and charge the expense of such labor, machinery, equipment,
tools, materials, and supplies to said the,,', Contractor, and the expense so charged shall
be deducted and 'per by the City, out of such monies as may be due or that may
thereafle�r at anv time l�eeome due to the Contractor.
$,hould the cost t6 complete the work exceed this Agreement price and the Contractor
foils to pay the a mo unt due to the City within the time designated hereinabove, and
there remains any machinery, equipment, tools, materials, or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the Contractor at its respective address designated in this
Agreement ;', provided, however, that actual written notice given in any manner shall
satisfy this condition. After mailing, or otherwise giving such notice, such property
shall be held at the risk of the Contractor subject only to the duty of City to exercise
ordinary care to protect such property. After fifteen (15) days from the date of said
notice, City may sell such machinery, equipment, tools, materials, or supplies and
apply the net sum derived from such sale to the credit of the Contractor. Such sale
may be made at either public or private sale, with or without notice, as City may
21
elect. City shall release any machinery, equipment, tools, materials, or supplies which
remain on the job site and belong to persons other than the Contractor to their proper
owners.
(3) In the event the account shows that the cost to complete the work is less than that
which would have been the cost to City had the work been completed by the
Contractor under the terms of this Agreement, or when the Contractor shall pay the
balance shown to be due by them to the City, then all Machinery, equipment, tools,
materials, or supplies left on the site of the wo, shall be turned over to the
Contractor.
(b) Damages. Without prejudice to any o
the City would otherwise possess hereunder or a
Contractor five (5) days prior written notice shall be
upon but not limited to the following occurrences:
(1) l:f the Contractor shall fail to
City, as City shall direct; or
(2) if the Co
payments
(3) If the
fail for an}
hen due; or
or equitable ri_ or remedy that
R law, the City "On giving the
damages for breach of contract,
y default of et" written notice thereof from
the failure by City, to make
any of the terms, provisions, conditions, or
`(c),4greement Con ng. Thq,provisions of this Agreement shall control over any
conflicting provision of any pontract between City and Contractor as to the construction of the
(d) Venue. The par
County, Texas,
shall lie in
(e) Successor and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their respective successors and assigns.
(d) Independent Status. It is mutually understood and agreed by and between City and
22
,rein agree that this Agreement shall be enforceable in
if legal action is necessary in connection therewith, exclusive venue
County, Texas.
Contractor Ihat Contractor is an independent contractor and shall not be deemed to be or
considered an employee of the City of , Texas, for the purposes of income tax,
withholding., social security taxes, vacation or sick leave benefits, worker's compensation, or any
other. City shall not have supervision and control of Contractor or any employee of Contractor.
(fl Tax Exemption. This Agreement is entered into by an organization which qualifies
for exempt ;revisions pursuant to the Texas Tax Code, Sections 151.301, 151.307 and 151.309.
The Contractor must divide the price for materials that will be incorpo -rated into the capital
improvement project and the price for skill and labor into separated 'contracts. Therefore, it is the
Contractor's responsibility to obtain a sales tax permit, resale tortificate, and exemption
certificate which shall enable the Contractor to buy the materials to be incorporated into the
completed capital project and then resale the aforementioned materials l' .the City without
paying the tax on the materials at the time of purchase.
(g) Texas Law. This Agreement hasobeen made hider and shall be governed by the
laws of the State of Texas.
(i) Waiver. Failuz of any party, at any time, to enforce a provision of this
Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the
validity of this Agreement, any part hereof, or the right of the City party thereafter to enforce
each and every provision hereof. No term of this Agreement shall be deemed waived or breach
excused unless the waiver shall be in writing and signed by the party claimed to have waived.
Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or
excuse of any other different or subsequent breach.
23
6) Headings. The article headings are used in this Agreement for convenience and
reference purposes only and are not intended to define, limit, or describe the scope or Intent of
any provision of this Agreement and shall have no meaning or effect upon its interpretation.
(k) Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or
unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and
enforceability of the remaining provisions shall not in any way be af£ed or impaired thereby.
The parties shall use their best efforts to replace the respective provision or provisions of this
Agreement with legal terms and conditions approximating the or'ttal intent of the parties.
(l) Written Notice. Unless otherwise specified, written notice shall be deemed to have
been duly served if delivered in person to the individual or to a member of the firm or to any
officer of the corporation for whom it is intended or if it is delivered or sent c ied mail to the
last business address as listed herein. Each parrs uwill have # e right to change its business
address by at least ten (10) days written notice to the other parties in writing of such change.
(m) Entire Agreement. It is �uaderstood that thi Agreement contains the entire
agreement between the parties and supersedes any and all prior agreements, arrangements, or
understandings between the parties relathn"g to " the , subject matter. No oral understandings,
statements, promises or inducements contrary W the terms :of this Agreement exist. This
Agreement cannot be chaagqOor terminated orally. No verbal agreement or conversation with
any officer, agent or employee of the City, either before or after the execution of this Agreement,
shall affect or modifv anv,of the terms or obliaatiorts hereunder.
IN WITNESS WHEREOF,
and day fit above written.,
RT AR
Floyd T. Man
City Manager
ATTEST:
Sherri Bellard,
City Secretary
24
have executed this agreement in the year
CONTRACTOR:
N &T CONTRACTOR COMPANY, INC.
Title
ATI
25
-t _ —.ter
CITY OF PORT ARTHUR
ADVERTISEMENT FOR BIDS
Transit Service Building Renovations
August 5, 2012
CITY OF PORT ARTMIlR, TEXAS
ADVERTISEMENT FOR BIDS
NOTICE IS HEREBY 61VEN THAT sealed Bids, addre Se th e
City of Port Arthur, will be received at the Office of the City
City Hall, 444- 4th Street or P.o Box 089,
Aug st 012 and all Texas I
ono later than 3:00 P -M.; Wednesdaji,
received will thereafter be opened and read Council Chambers, 5th
kWednesday, August 29; 2012 in the City
Floor, Oily Hall, ;Port Arthur, Texas for certain services briefly
described as:
Transit Service Building Renovations
_ . "onsas an FOR
ja
Augus & 2017
CIT1f OF PORT ARTNt!
ADYERTISEINI'ENT it
IOTICE 1S HEREBY GIV EN THAT seal'
,ity of Port Arthur, will be received at"
ie °t
'fly Hail, 444- 4th Street or P.O. Box I M
A
eica►s
IDS
10 later .than' "3:00 P -M;- W y a_ aloud at 315 P.M. on
,
ecetved wig thereafter be opened Council Chambers, 5th
Nednesday, Aug 29, 2012 in the City
:loor "iny Hall, Port Arthur, Texas for certain services briefly
iescrfbed as:,
Transit Service Building Renovations
-- _ -- ..mowasirs mit SCWE Fp FOB
u nu - ramuRSDAY._
e..eT sRTW TEXA$.
;opies of the Specifications and other Contract Documents can be or thw6st'Central Drive,
obtained from Houston, T exas 77092 Contact P Person is Timothy M Bar -
les. His email
, and telephone
yes. His ' is *i^^ ^ths ne�s
number is (713) 686 -7764•
A Cashier's Check or Certified Check, payable without recourse to
the order of the 'City of Port Arthur, or a Bid Bond with corporate
surety authorized to conduct business i tl�e bid i a n an amount no guarantee that les
(than 5% of total bid, must accompany it
awarded the contract the provided
o
° as l utl . ned in the specifications and
'Bonds in the forms
instructions to bidders:
If the contract exceeds fifty thousand dollars ($50,000) a payment lars
tract bon is required- it the c bond r eq�uedf eperformanceoland
a
($100,000) performance , rscribed forms, in the
Payments Bonds ,shall be: furnished on p
amount of one hundred percent (100 %) of the contract price with
corporate surety duly authorized to do business in the State of Texas.
Attomeys -in -fact who sign f Bo `dP must
es of At with each bond a certified
land effectNe date copy o
(Attention is called to the fact that not less than, fede ally determined
ld Act by
prevailing (Davis -Bacon and Related 9 , in the contract
the Off S� � e C P ° g rt *is project n addft on,, the successful
bidder must.:assure that employees and applicants for employment
are not discriminated' against because of race, color, religion, sex,
age or national origin.
The City of Port Arthur reserves the right to reject any
and all bids and to waive informalities•
Per Article VI 2 - 262(C) of the City's Code of Ordinance, the City
Council shall not award a contract to a company that is in arrears in
its obligations to the City.
Shawna Tubbs, CPPB
Purchasing Manager
Y .�
6 payable without recourse t
or a Bid Bond with corporat
t Texas, in an amount no le
e bid as a guarantee that
perform work and execute It
alined in the specifications a d
d dollars ($50,000) a paym t
is ons hundred thousand doll
s required. Performance a d
d on prescri bed forms in e
00°k) of the contract price h
3 business in the State of Tex s.
wst ffla with each bond a certif d
,: f ettnmev.
dtermir
tention is called t .the,fact that'not less thW , edera essued
evaifing (�avis B On and Related Acts} g
e Office of Rural mmuntty Affairs an contained in the conti
)cements, must paid on this project• In addition, the succes
rider must assure that employees and applicants for employn
re not.discriminat2d against use of race, color, religion,
ge or national origin:
he City, of Pont Arthur reserves the right to reject
--
Per Article VI Sec ' 2- 262(C) of the City's Code of Ordinance, the
Council shall 'iot $ward a contract to a company that is in arrea
its obligations to t'' I City.
)bs, CPPB
Manager
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 BI DS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem
to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is
within 5 0 10 of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOG "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 ST FOR RESPONSIBLE PROSPECTIVE BIDDERS A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City.
7. No payments shall be made to any person of public monies under any contract by the City with such
person until such person has paid all obligations and debts owed to the City, or has made satisfactory
arrangements to pay the same.
Page 9 of 13
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 its 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, P.O. Box 1089,
Port Arthur, Texas 77641.
PAYMENT Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 If
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE, WITH LAWS The Contractor shall comply with all applicable laws, ordinances, rules.
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;
and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY The City of Port Arthur Code of Ordinances prohibits the City
from granting any license, privilege or paying money to any -one owing delinquent taxes, paving assessments or
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
Page 10 of 13
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 activiity receiving Federal financial assistance.
TERMINATI FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE The City may terminate this contract at any time giving at least
thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub - contractors for work under this contract, if this is deemed necessary to protect its
interests.
CARE OF WO RK: 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.
Page 11 of 13
SUB - CONTRA 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
Standard Worker's Compensation Insurance:
Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 per occurrence for contracts of $100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person /$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of $2,000,000
for contracts in excess of $100,000.
3. Commercial Automobile Liability Insurance (Including owned, non -owned and hired vehicles
coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.
Page 12 of 13
�
I
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.
BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not
less than five percent (5 %) of the amount of the total bid which shall be a Certified Check or Cashier's check
payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct
business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder
will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is
accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be
required and commence work at the specified time, and that in the event of the withdrawal of said bid within
said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work
within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount
specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of
all except the three lowest responsible Bidders will be returned when award is made; when the Contract is
executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder
be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time
specified.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253.
Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract
exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100 %) of the contract price
with corporate surety duly authorized to do business in the State of Texas. Attorneys -in -fact who sign Bonds
must file with each bond a certified and effective date copy of their Power of Attorney.
Page 13 of 13
Transit Service Building Renovations The Nelson Collaborative
City of Port Arthur NO301 -C11 -002
Port Arthur, Texas Invitation to Bid
SECTION 00 31 00
AVAILABLE PROJECT INFORMATION
CONDITIONS OF THE CONTRACT AND DIVISION 1, as applicable, apply to this Section.
PART 1 - GENERAL
1.1 COPIES OF SUPPLEMENTARY DOCUMENTS
A. The Owner has included the following supplementary documents for the Offerors
information. The Owner does not guarantee the accuracy of this information, and the
Offerors should verify the existing conditions prior to the Proposal date.
1. Asbestos Survey Report:
a. Entitled: Port Arthur Transit Service Center
b. Prepared by: ICU Environmental Health & Safety, Nederland, TX (409)
727 -8227
C. Project No.: 5130 -11
d. Dated: January 2011
B. The Architect does not guarantee their contents as to accuracy, completeness, or suitability.
PART2- PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
0031 00-1
Rev 11/.06
Due to its volume (500 pages),,
the Specifications are available
for review in the City
Secretary's Office
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Transit Service Building Renovations
BID DUE DATE: August 29, 2012
DESCRIPTION
Base Bid `
;- Zl
Work will be complete in ' (� calendar days
Receipt of addenda is acknowledged:
COST
$000
US4 ^!�
No. I Dated AU v 5" 2 ( 1 202 Received A V 2 1 1 2 0 1 2
No. 2 Dated NV J vS f 27 Received A j 5 - t Z I i 201
11
13% UW4 aut -
STREET ADDRESS
P.O. BOX
h c�rLi e �Sc�t� ��m t TX `7TT) I
PRINT OR TYPE NAME CITY STATE ZIP
C D �q 013 S5�12>
TITLE AREA CODE TELEPHONE NO
EMAIL FAX NO.
G� tt t P�
+ �-, +4
r '
a
�� �� ag 5 of 1
Transit Service Building Renovations
City of Pori: Arthur
Port Arthur, Texas
The Nelson Collaborative
NO301 -C11 -002
Invitation to Bid
SECTION 00 45 30
LIST OF SUBCONTRACTORS
PROJECT: ARCHITECT:
Transit Service Building and Transfer Center Renovations The Nelson Collaborative
5450 Northwest Central Drive, Ste 330
Houston, Texas 77092
ARCHITECT'S PROJECT NO. NO301 -C11 -002
TO: (,4,N WOOQ DATE: 1 Z '
1370 I�AVR EL
List Subcontractors and others proposed to be employed on the above Project as required by the proposal
documents.
(To be filled out by the Contractor and returned to the Architect.)
Work/
Division Firm Address Phone Fax e-mail Representative
aglo F=tfrW^k-C 281-K`io —Lggo
i 6�}-� fly I t�Sus ` 2g i- 810 -18�a Fi Li ►1d
6W 2ouaj@ Pecos L40q- V-33 A30q
CO Q, ' b4y ,+'TY qo4 - 933- M A KWYA t'►
+WK
Po &)c (%J9 q b1- 1Zt - S O S O
p(Ul "YU >1al M �-
-7,
(S NeCkV -5) ►x L4U - 7 2 — 1 6 5 2
C" Yt.e.11 Q00" (402
8 �Z
31 10 12 goej - ZtlIt - - 2-G&S
t Y 5 � ri - S Ul Au , W
COCL%k-�d pyc a,��
�nri r�k-tx s% fah ritcts r ,mac uo�- g�c�- t( (; � 1�e
(Provide additional sheets as required.)
END OF DOCUMENT
NOTE: THIS DOCUMENT MUST BE EXECUTED AND SUBMITTED WITH PROPOSAL
004530-1
BID OPENING DATE: July 30, 2012
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 l Aj
ADDRESS (3 - 7 ( L P-p- L - Pgte, `
CITY /STATE /ZIP Vj�pa) - 1 1 MI 01
SEND PURCHASE ORDER TO:
COMPANY STRQM b W • w I W
If
ADDRESS t37 U L-" P--E!_ IWE
CITY /STATE /ZIP
TAX IDENTIFICATION NUMBER — 7 to G ) / o- o�l `-' q
Page 6 of 13
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.
�l
Firm Name
Date
C -0.0.
re Title
Name (please print) Telephone
GSft IN- I � N A DT Co (�60
Email
STATE: A
COUNTY: 4 4 S(j 11
PATRICIA ELAINE JABBIA
MY COMMISSION EXPIRES
April 17, 2015
s /
SUBSCRIBED AND SWORN to before me by the above named r "�
on this the day of 20 I �!
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 7 of 13
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For Vendor or otheir 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 7th 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 b si ess 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 ofiricer 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?
F] Yes 1:1 No � I N
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? ` I
Yes 1:1 No f v
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 N 1 N
D. Describe ea phvm ment I r business relationship with the local government officer named in this section. _ I y q � 1 �
4.
Signature of berso/doW business with the governmental entity Date
Page 8 of 13
r
Transit Service Building Renovations The Nelson Collaborative
City of Port Arthur NO301 -C11 -002
Port Arthur, Texas Invitation to Bid
SECTION 00 45 36
AFFIDAVIT OF NON - DISCRIMINATORY EMPLOYMENT
STATE OF TEXAS )
COUNTY OF -T )
AFFIDAVIT
This Company, Contractor, or Subcontractor agrees to refrain from discrimination in terms and conditions of
employment to the basis of race, color, religion, sex, or national origin, and agrees to take affirmative action
as required by Federal Statutes and rules and Regulations issued pursuant thereto in order to maintain and
insure non - discriminatory employment practices.
tj
Company
CWAQL1 _ 6�i/�
Printed NaMe // i
STATE OF TEXAS )
COUNTY OF r, wl A
Sworn to and subscribed before me
2012.
PATRICIA
ELAINE JA481A
' MY COMMISSION EXPIRES
April 17, 2015
at & Texas, this the day of
Notary Public in and for
TP ynnt xas
END OF DOCUMENT
NOTE: THIS DOCUMENT MUST BE EXECUTED AND SUBMITTED WITH PROPOSAL
004536-1
t_
_.
EXHIBIT A.2 — Felony Conviction Notification
Pursuant to the Texas Education Code (Y. T. C.A. Education Code §44.034)
(a) A person or business entity that enters into a contract with a school district must
give advance notice to the district if the person or an owner or operator of the
business entity has been convicted of a felony. The notice must include a general
description of the conduct resulting in the conviction of a felony.
(b) A school district may terminate a contract with a person or business entity if the
district determines that the person or business entity failed to give notice as required
by Subsection (a) or misrepresented the conduct resulting in the conviction. The
district must compensate the person or business entity for services performed before
the termination of the contract.
(c:) This section does not apply to a publicly held corporation.
Statement of Affirmation
"The undersigned affirms that he /she is duly authorized to p rovide this information by the
person(s) or business entity making the proposal, and the information provided below
concerning felony convictions has been personally and thoroughly reviewed, and
verified, and is, therefore, current, true and accurate to the best of my knowledge."
Felony Notification
A M firm is a publicly held corporation; therefore this reporting requirement is not
plicable.
B V - My firm is not owned nor operated by anyone who has been convicted of a felony.
C My fum is owned or operated by the following individual(s) who has/have been
convicted of a felony.
Name(s) of Felon(s)
Details of Conviction(s)
Continued
L
Continued
ZI I 2--
Date
c
Printed Name
0 r T , 6 dNj -, t\j C—�'o
Firm Name
The Statement ofAffirmation must be notarized
Subscribed and Sworn to me on this d
Notary Public
li
Title
day f L- J
Y
Uw_;
My Commission Expires
PATRICIA ELAINE JABBIA
t .. MY COMMISSION EXPIRES
AP6117, 2015
Beaumont Independent School District 2 of 2
_r —_�
ADDENDU M NUAMBE;R 01
August 21, 2012
To Drawings and Specifications dated July 30, 2012
TRANSIT SERVICE BUILDING RENOVATIONS
CITE` OF PORT ARTHUR, TEXAS
Prepared by: The Nelson Collaborative
5450 Northwest Central Drive, #?330
Houston, TX 77092
TNC Project No_. NO301 - - - 042
H,
t
��...,
W
�i
ww
Notice to Proposers:
A. Receipt of this Addendum shall be acknowledged on the Proposal Form
13, This Addendum forms part of the Contract documents for the above referenced project and shall be incorporated
integrally therewith.
C, Each proposer shall make necessary adjustments and submit his proposal with full knowledge of all modifications,
clarifications, and supplemental data included therein. Where provisions of the following supplemental data differ
from those of the original Contract Documents, this Addendum shall govern.
SPECIFICATIONS
Item No, 01: General: a copy of the sign -in sheet and agenda for the pre - proposal conference is attached in this
addendum.
Item. No. 02: Invitation To Bid:
a. Revise to read: "Please submit one (1) original and three (3) copy of your bid to :"
1), Page 6 of 13: Revise date at top to read "August 29, 2012"
Item No. 03: Specification Section 00 50 00: Contract Documents: Draft of Contract
a. Revise date to read: "2012" in lieu of "2011" on page I
i. Revise City Manager to read: "Floyd Johnson" in lieu of "Steve Fitzgibbons" on page 3
Item No. 04: Specification Section 07 52 19: Modified Bitumen Membrane Roofing System:
<i.
12 A: Approved Manufacturers: add 6. Certai Teed Corporation: Grapevine, Texas 817-4104744
1 . 2.4 A: Base Sheet: add f. Flintlastic Ultra Poly SMS (90 lbs)
a;. 2.5 A: Assembly: add f: Flintlastic GTA -FR Coolstar (106 lbs)
d. 2.6 A: Flashing: add f. Flintlastic GTA (1.05 lbs.)
0. 2.8 A(2): Imsulation. add Flintl3oard ISO
f. 18 A(4): Insulation: add FhmBoard ISO T
R
Item No. 05: lXawing A2.00: Overall .Demolition Floor Plan: Refer to page 7 of 7 of this Addendum Number One.
END OF ADDENDUM NUMBER 01
The Nelson Collaborative
E
TRANSIT SERVICE BUILDING RENOVATIONS
CITY OF PORT ARTHUR, TEXAS
TNC Project No. NO30 I -C -11 -002
PRE-BID CONFERENCE
AGENDA
lhursd4 , August 16,2012; 10•00AM
Introduction Of Representatives
A. OWNER: City of Port Arthur
01 Deioris "Bobbie" Prince................. Mayor
02 John CoMeaux Asst. City Manager / Operations
03 Shawna Tubbs ............... Purchasing Manager
04 Clifton Williams.......................Senior Purchasing Agent
05 Colleen Russell ... Planning and Zoning
06 Debra Ambroise ......... ..... .. . 'Transit Planner
07 Butch Hass...... ....................,,...Senior Building Inspector
B. ARCHITECT: The Nelson Collaborative
01 Michael E. Nelson, Owner
02 'Timothy Barnes. AIA. Director of Architecture
03 Kevin Gardner, Engineer
It. Bid Date: Wednesday, August 29, 2012
Bid Time: Base Bids at 3:00 PM
Bid Location: City Secretary's Office, City Hall, 5 Floor, 444 O' Street, Port Arthur, Texas 77640
III. Changes: Any changes arising out of questions requiring interpretation, clarification or correction to the Bid
Documents will be made by Addendum.
A, Addendum No. I 'To Be Issued
IV. Instructions to Offerors
A. Federally Required Contract Clauses for Construction Services Contracts (Submit on August 29, 2012)
B. Davis-Bacon Act
C, U. S. Department of Labor Payroll Log
D. DBE Contractor Participation
E. Substitutions of Materials and Equipment - 7 days prior
V. Bid Forms
A, Sealed. Include Bid Form, Bid Bonds, Felony Conviction Notification, Affidavit of Non-Discriminatory
Elinployinent List of Subcontractors, and Federally Required Contract Clauses
Of Submit AG -List of Subcontractor's by August 29, 2012 with Post Proposal Information,
M UENTS"O" ,.rrml NOW OWf2 z1
EXHIBIT "C"
Federally Required Contract Clauses for Construction Services Contracts
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.
1
Federally Required Contract Clauses for Construction Services Contracts
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 § 53230)
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
I ---ou-r
Federally Required Contract Clauses for Construction Services Contracts
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 § 53230) 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 LISC § 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 USC § 53230)(1)
and they applicable re�a FR Part 661.
.Date o in 49 'Zd 1 r7i
Signature
Company Names ,- N A j S 1 1z- 17G- q) M 60 . �'
Title 4:::� , 0
Certificate of Non- Coanpliaaice Tvitlz 49 LISC § 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC §
53230) (1), but it may qualify for an exception pursuant to 49 USC § 53236)(2)(B) or (j)(2)(D) and
the regulations in 49_ CFR § 661.7.
Date
Signatare
Company Name
08/09/01
- r --IMF
Federally Required Contract Clauses for Construction Services Contracts
Title _
Certification requirement for procurement of buses, other rolling stock and associated
equipment.
Certificate of Corrrpliance with 49 USC § 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the requirements of 49 USC §
53230)(2)(C) and the reg lation§ at 49 CFR Part 661.
Date 7J Z
Signature
Company Narne
Title
4
V
®
0 S - U c-11 OAJ C--o - TJIJ G-~
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 §
53236)(2)(C), but may qualify for an exception pursuant to 49 USC § 53230)(2)(B) or 0)(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 Cairgo 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
-- .1
Federally Required Contract Clauses for Construction Services Contracts
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 USA: § 6321 et seq.
49 CH', 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 rto 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
— - I —err
'�ederally 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.
APPEI\IDIX A, 49 CFR Part 20 -- CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted Tuith eacli 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 Foam - -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, of seq.)]
(3) The undersigned shall require that the language of tlus certification be included in the award
documE!nts 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 thus certification is a prerequisite for
making; or entering into this transaction imposed by 31, USC § 1352 (as amended by the
Lobbyvrng 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.] Al ,
The Contractor, certifies or affirms the truthfulness and accuracy of each
statement of i er ' ication and disclosure, if any. In addition, the Contractor understands and
agrees t t t pr sions of 31 USC § A 3801, et seq., apply to this certification and disclosure, if
any.
Signature of Contractor's Authorized Official
�,kAl2 Lle _T4F /4 - and Title of Contractor's Authorized Official
I 'L . Zn l 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
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 t:he 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 § 52-02(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
Characteristi
cs
Operatio
nal
Service
Contract
Turnkey
Constructi
on
Architectu
ral
Engineeri
ng
Acquisitio
n of
Rolling'
Stock
Profession-
al Services
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)
unless'
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 1rojects
5307/5309
/5311
II Non State
Grantees
Those
Yes
imposed on
Yes
Yes
Yes
Yes
a. Contracts
non -state
below SAT
Yes
Grantee
Yes
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 C1?R § 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
_1. - - -7f7
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 uicreased. 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
perforrrdng 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 obtaiin 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 Cily 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], f urnish 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; 276x - 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 iechanics, 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 53(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 contactor 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 b 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 laborers 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) Witl Holding - The [ insert name of grantee ] 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 ] 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
( includvng 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 `,rages 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 j 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
- r --Emu
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 WI-1 -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 Adnninistrator of the Wage and Hour Division of the U.S.
08/09/01
Federally Required Contract Clauses for Construction Services Contracts 20
Department of Labor determines that a different practice prevails for the applicable 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 perntted 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 hinge 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. Iri addition, m trainee
performing work on the job site in excess of the ratio permitted Linder the registered program
shall be paid not less than the applicable wage race 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
subcont:•actors to include these_ clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower ti er 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
_ _ _ _ t _
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 CPR § 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 louver 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 nonconstruc Lion 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 f riancially 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 C"ontractor 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. COPE:LAND 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
underlyv1g 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 3118 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.
Prograrn 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. Termi :nation 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. Waive=r 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 determuned 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 Contract 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 Contactor to fulfill the contact obligations. The City of Port Arthur shall
terminate by delivering to the Contactor 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 Contacting 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 terunulation is for the convenience of the Recipient, the Contacting 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 anv 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 Art "hur 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.
1.8. 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
transact':on" include both contractors and subcontractors and contracts and subcontracts over
$100,000.
Model Clause/ Language
(Instruct:ions) 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
-t - -N..T
Federally Required Contract Clauses for Construction Services Contracts 30
Instructions for Certification
1. By sigming 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
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 291. 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 priricipals. 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
certifical'don, 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
Goverrurnent 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. 111
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. 1.1246, "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
I --MW
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 Ci;.•cular 4220.11)
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 ?art 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
O8/09/01
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.
The Contractor agrees to ensure that DBE's as defined in 49 CFR Part 26 and Section 106(c) of
the STUIZAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal fields provided under this Contract Agreement. In this regard, the Contractor shall take
ell necessary and reasonable steps in accordance with the regulations to ensure that DBE's have
the maximum opportunty 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
subconb-acts 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) Whe:re 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
performance of this Contract Agreement to indicate compliance With City of Port Arthur's DBE
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
__ _ - t
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. Whicl 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 seclion 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.ID, 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