HomeMy WebLinkAboutPR 18462: APAC-TEXAS PLEASURE ISLAND MARINA PAVING P. R. NO. 18462
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND APAC-TEXAS OF BEAUMONT, TEXAS, FOR
PLEASURE ISLAND MARINA PAVING, IN THE NOT TO EXCEED AMOUNT OF
$405,289.00; FUNDING AVAILABLE IN ACCOUNT NO. 450-1293-549.89-00 (SUBJECT TO
BUDGET AMENDMENT)
WHEREAS, the parking lot at the administration building and the marina roads were damaged
by Hurricane Ike on or about September 13, 2008, on Pleasure Island; and
WHEREAS, Soutex Surveyors & Engineers provided engineering services and assisted in the
bidding process, and have recommended APAC-Texas of Beaumont, Texas, for the Pleasure Island
marina paving rehabilitation, in the not to exceed amount of $405,289.00 (Bid Tabulation and
Recommendation attached hereto as Exhibit "A"); and
WHEREAS,the Pleasure Island Advisory Board has reserved funds for this project; and
WHEREAS, an application for FEMA reimbursement in the amount of $69,000.00 can be
submitted once the project is complete, which may be applied to these costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council authorizes the City Manager to enter into a contract with
APAC-Texas of Beaumont, Texas, for Pleasure Island marina paving rehabilitation, in the not to exceed
amount of$405,289.00, in substantially the same form as attached hereto as Exhibit "B".
Section 3. That this contract is pending approval of a budget amendment ordinance for the
use of the reserved funds.
Section 4. That a copy of this Resolution be spread upon the Minutes of the City Council.
READ,ADOPTED,AND APPROVED,this day of August 2014,AD, at a Regular Meeting of
the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor: •
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED AS TO AVAILABILITY OF FUNDS:
Sherri Bellard, City Secretary Deborah H. Echols, Finance Director
(Pending Approval of Budget Amendment)
APPROVED AS TO FORM: 9 et,f t C.1 fL-{��k:( A
Shawna Tubbs, Purchasing Manager
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Val Tizeno, City AttorDiy
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.,
Interim City Manager
EXHIBIT "A"
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July 25, 2014.
City of Port Arthur
444 4m Street
Port Arthur,Texas 77640
Attn: Mr. Jimmy Dike
Re:Pleasure'Island Marina Paving Rehabilitation
Soutex No. 13-0209
Dear Sir:
Please find enclosed the bid tabulation for the above referenced project. The low
bid is that of APAC-Texas in the amount of$405,289.00. The tiin.e is set at 120 calendar lj
days. We recommend that the award be made to the low bidder, APAC-Texas.Let us
know if you have any questions. A bid tabulation will be sent,under separate cover, to
the bidders and AGC. We await instructions from the City. We are ready to make and
produce the contract documents for execution at your direction.
Very truly yours,
.
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Start!i,G.Newsome, Jr.,P.E.,RP S
Project Engineer
Enclosure
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Ms. Susan McDermott
Ms. Shawna Tubbs
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EXHIBIT "B"
CONTRACT DOC UMEN'I'S . 'E CENT CAL SPECIE CATIONS
for
PLEASURE ISLAND MARINA
PAVING REHABILITATION
CITY OF PORT ARTHUR, 'TEXAS
COFA JOB NUMBER
June 2014
Engineering:
Soutex Surveyors & Engineers
3737 Doctors Drive
Port Arthur, Texas 77642
409-983-2004
Soutex Project # 13-0209
Engineering Firm: #5755
Surveying Firm: #10123800
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CONTRACT DOCUMENTS AND"17 CHNI CAL SPECIFiCATIONS
For Construction of
Pleasure Island Marina
Paving Rehabilitation
To Serve
City of Port Arthur, Texas
Soutex Proj ect No.13-0209
COPA Job No.
Federally Funded Project
TABLE OF CONTENTS
A. CONSTRUCTION CONTRACT AGREEMENT FOR OWNER-CONTRACTOR
B. ADVERTISEMENT FOR BID
C. INFORMATION TO BIDDERS
D. BID
E. BID BOND
F. GENERAL CONDITIONS
G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
H. SUPPLEMENTAL GENERAL CONDITIONS
Part A
Part B
I. PAYMENT BOND
J- PERFORMANCE BOND
K. NOTICE OF AWARD
L. NOTICE TO PROCEED
M. INSURANCE
N. SPECIAL PROVISIONS
0. QUALIFICATION STATEMENT
APPENDIX "A"FORM FOR REQUEST FOR TIME EXTENSION
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GONSTRUCTI0 C
TRACT AGREE '��
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C RL:CT1 ON COL If -\CT
AGREEMENT
[Federally Funded Projects]
THIS AGREES ENT, made this day of , 20 , by and between the City
of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter
called "OWNER" or "CORN' and , herein acting by and
through ,hereinafter called"CONTRACTOR".
WITNESSETH: That for and in consideration of the payments, tenses, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The CONTRACTOR will commence and complete the construction of Pleasure Island Marina
Paving Rehabilitation.
2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools,
equipment, labor and other services necessary for the construction and completion of the
Project described herein.
3. The CONTRACTOR will commence the work required by the Contract Documents on a date to
be specified in the Notice to Proceed and will complete the same within 120 consecutive
calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays,
Sundays and Federal, State, and City holidays unless the period for completion is extended
otherwise by the Contract Documents.
4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for the sum of$ , or as shown in the Bid
Schedule.
S. The term"CONTRACT DOCUMENTS"means and includes the following:
(A) Agreement
(B) Advertisement for BIDS
(C) Information to BIDDERS
(D) BID
(E) BID BOND
(F) General Conditions
(G) Labor Classification and Minimum Wage Decision
(H) Supplemental General Conditions
(I) Payment Bond
(J) Performance Bond
(K) Notice of Award
(L) Notice to Proceed
(M) Insurance
(N) Special Provisions
(0) Qualification Statement
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1�1o. dated_ .70
No. , dated
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No. , dated ,20
6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the
General Conditions such amounts as required by the Contract Documents.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on
the date first above written.
APPROVED IN FORM: OWNER:
City of Port Arthur
CITY ATTORNEY NAME
TITLE
CONTRACTOR:
BY
NAME [SEAL]
ADDRESS ATTEST:
NAME
TITLE
[CORPORATE SEAL]
ATTEST:
NAME:
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CITY OF PORT ARTHUR, TEXAS
ADVERTISEMENT FOR BIDS
NOTICE IS HEREBY GIVEN THAT sealed bids, addressed to the City of Port
Arthur, will be received at the office of the City Secretary City Hall, 4th Floor, 444 4th
Street, Port Arthur, Texas, until 3:00 p.m. on Wednesday, July 23, 2014, and all bids
received will thereafter be publicly opened and read aloud at 3:15 p,m. on Wednesday,
July 23, 2014, at City of Port Arthur City Hall, 5th Floor Council Chamber, 444 4th
Street, Port Arthur, Texas for the construction of certain public works or furnishings of
certain services briefly described as: Pleasure Island Marina Paving Rehabilitation to
serve the City of Port Arthur. Any bid received after closing time will be returned
unopened.
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 in
Texas, in an amount not less than five percent (5%) guarantee that, if awarded the
Contract, the bidder will promptly enter into a Contract and execute Bond in the forms
provided as outlined in the Specifications and instructions to Bidders.
Copies of the PLANS AND SPECIFICATIONS and other CONTRACT DOCUMENTS
are on file at the following locations:
CITY OF PORT ARTHUR
Public Works Department or
Shawna Tubbs, CPPO, CPPB, Purchasing Manager
444 4TH Street
Port Arthur, Texas 77640
SOUTEX SURVEYORS & ENGINEERS
3737 Doctors Drive
Port Arthur, Texas 77642
AGC OF SOUTHEAST TEXAS
5458 Avenue A
Beaumont, TX 77705
PLANS AND SPECIFICATIONS and other CONTRACT DOCUMENTS are open
for public inspection without charge. A set of such Documents may be obtained from
Soutex upon making a non-refundable deposit of $100.00.
The following bonds, each in the amount of one hundred percent (100%) of the Contract
price, will be required in accordance with State law as follows: (1) a payment bond for
any contract in excess of Fifty Thousand Dollars ($50,000.00); and (2) a performance
bond for any contract in excess of One Hundred Thousand Dollars ($100,000.00).
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Attention is calmed to the fact that this is a Contract for construction of public works and
that there must be paid on same not less than the general prevailing wage rates which
have been established by the City of Port Arthur, pursuant to Chapter 2258 of the Texas
Government Code, as amended and which are set out in detail in the Contract
Documents. The CONTRACTOR shall forfeit as a penalty, to the City of Pori Arthur,
Sixty Dollars ($60.00) for each laborer, workman or mechanic employed, for each
calendar day, or portion thereof, if such laborer, workman or mechanic is paid less than
the said stipulated rates for any work done under this Contract. The Davis-Bacon Act*
is applicable to this Contract, and the prevailing wage rates established pursuant to said
Act are made a part of this Contract. A copy of such current wage schedule is included
in the Contract Documents and any applicable change in such wage schedule shall be
furnished and Equal Employment Opportunity requirements must be met.
CONTRACTOR'S attention is also directed to the equal opportunity requirements of this
Contract: Title VI, Sec. 3 and E.O. 11246.
This Contract is issued by an organization which qualifies for exemption pursuant
to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax
Act as codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to
Section 151.311 of the Tax Code made by Section 14.07 of Chapter 5 (House Bill No.
11), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non-consumable materials and
equipment to qualify for resale to the City of Port Arthur, and be exempt from sales tax,
the contract and bids must comply with the following requirements.
The bid and contract must separately identify: (1) the charges for non-consumable
materials and equipment that are permanently incorporated into the project, and (2)
charges for skill, labor and consumable materials, tools and equipment that are
permanently incorporated into the project. Bidders are required to have a sales tax permit
issued by the Comptroller of the State of Texas in order to qualify under the separated
contract procedure.
The City of Port Arthur, will issue to the CONTRACTOR a specific exemption certificate
for this Contract in order that he does not have to pay taxes on qualifying materials,
equipment, or other tangible personal property purchased for and permanently
incorporated into City of Port Arthur, realty in performing this Contract. The
CONTRACTOR performing this contract must issue to his suppliers an exemption
B-2
certificate yomcyiing with ail applicable State Co mp.roile!'s rulings, along with a copy of
the certificate issued to him by the City' of Port Arthur.
Lump-sum contracts, in which the above referenced charges are not separated, do not
qualify for the sales and use tax exemption.
Attention is directed to the liquidated damages provision of this Contract (Paragraph No.
51 of the General Conditions) and the fact that rainy weather shall constitute justification
for any delay in the time for completion only under certain conditions.
This Contract is for a Road Construction and Parking Area project. Each project will be
specified by the City of Port Arthur, in a notice to proceed. Successful Bidder shall be
required to attend Pre-Construction Conference.
BIDDER IS CAUTIONED TO READ ALL CONTRACT DOCUMENTS BEFORE SUBMITTING
BID, ESPECIALLY ITEM 18 (PRE-BID CONFERENCE) OF THE INFORMATION TO
BIDDERS. All bidders shall be required to attend the Mandatory Pre-Bid
Conference on: Thursday, July 10, 2014 at 10:00 AM at the Pleasure
Island Office, 520 Pleasure Island Blvd., Port Arthur, Texas 77640.
Per Article VI Sec. 2-262(c) of the City Code of Ordinance, the City Council shall not
award a contract to a company that is in arrears in its obligations to the City.
The City of Port Arthur, reserves the right to reject any and all bids and to waive
informalities.
City of Port Arthur
BY: /s/SHAWNA TUBBS
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
*Davis-Bacon Act is found at 40 U.S.C., § 276a et. seq.
1st Advertisement: 6/29/2014
2nd Advertisement: 7/06/2014
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INFORMATION TO BIDDERS
The following instructions are applicable to the Contract, in addition to the requirements set forth
in the ADVERTISEMENT FOR BIDS.
BID PROCEDURE
Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in
sealed envelopes plainly marked. Bids shall be prepared in compliance with the
requirements of the ADVERTISEMENT FOR BIDS,these instructions and the instructions
printed on the prescribed forms. All blank places on the Proposal form must be filled in
as noted, in ink, in both words and figures, with amounts extended and totaled, and no
changes shall be made in the phraseology of the forms or of the items mentioned therein.
In case of any discrepancy between the written amounts and the figures, the written
amounts shall govern. If the Bidder does not bid on optional items (if shown in the
Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be
deemed irregular which contains any omission, erasure, alteration, addition, irregularity
of any kind or item not called for, or which does not contain prices set opposite to each of
the several items in the Proposal form, or in which any of the prices are obviously
unbalanced, or which shall in any manner fail to conform to the conditions of the
published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank
area provided therefore. If the bid is made by a partnership or corporation,the name and
address of the partnership or corporation shall be shown, together with the name and
address of the partners or officers. If the bid is made by a partnership, it must be
acknowledged by one of the partners; if made by a corporation, by one of the officers
thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal
must be enclosed in a sealed envelope plainly identified by the name of the project and
the Contract number, and addressed to the OWNER as prescribed in the Invitation to
Bidders.
Withdrawal or modifications to bids are effective only if written notice thereof is filed
prior to time of bid opening and at the place specified in the Notice to Bidders. A notice
of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his
designated representative. No withdrawal or modifications shall be accepted after the
time for opening of proposals.
2. BID SECURITY AND LIQUIDATED DAMAGES
Bids shall be accompanied by a bid guarantee of not less than five percent ( 5%) 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 sixty (60) 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
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specified in the bid in the amount for the Ov 1 NER may otherwise, procure the
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required work. Checks of all except the three lowest responsible Bidders will be returned
when award is made; when the Contract is executed, thr checks of the two (2) remaining
unsuccessful Bidders will be returned;that of the successful Bidder will be returned when
formal Contract, bonds and insurance are approved, and,work has commenced within the
time specified.
The Bidder to whom the award is made shall execute and return the formal Contract with
the OWNER and furnish Performance and Payment Bonds and required insurance
Documents within ten (10) days after the prescribed forms are presented to him for
signature. Said period will be extended only upon written presentation to the OWNER,
within said period, of reasons which, in the sole discretion of the OWNER, justify an
extension. If said Contract, bonds and insurance Documents are not received by the
OWNER within said period or if work has not been commenced within the time specified,
the OWNER may proceed to have the work required by the Plans and Specifications
performed by any means at its command, and the Bidder shall be liable to the City of Port
Arthur, for any excess cost to the OWNER over his bid amount. Further, the bid
guarantee shall be forfeited to the City of Port Arthur, as liquidated damages and Bidder
shall be liable to the City of Port Arthur, for an additional amount of five percent(5%)of
the bid amount as liquidated damages without limitation.
The OWNER, within ten (10) days of receipt of acceptable Performance and Payment
Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was
awarded, shall sign and return executed duplicate of the Contract to said party. Should
OWNER not execute the Contract within such period, the Bidder may, by written Notice
to OWNER,withdraw his signed Agreement.
3. BONDS
The following bonds, each in the amount of one hundred percent (100%) of the Contract
price,will be required in accordance with State law as follows: (1) a PAYMENT BOND for
any contract in excess of Fifty Thousand Dollars ($50,000.00); and,
(2) a PERFORMANCE BOND for any contract in excess of One Hundred Thousand
Dollars ($100,000.00).
4. 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 reason(s) why Notice to Proceed cannot be issued within
such period, the time may be extended by mutual agreement between OWNER and
CONTRACTOR. If Notice to Proceed has not been issued within the ten (10) day period
or a period mutually agreed upon, CONTRACTOR may terminate the Contract without
liability on the part of either party.
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3. INSUR iN C E
All insurance must be written by an insurer licensed to conduct business in the State of
Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own
expense, purchase, maintain and keep in force insurance that will protect against injury
and/or damages which may arise out of or result from operations under this Contract,
whether the operations be himself or by any Subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable of the following types and limits (No insurance policy or Certificate of Insurance
required below shall contain any aggregate policy year limit unless a specific dollar
amount[or specific formula for determining a specific dollar amount] aggregate policy
year limit is expressly provided in the specification below which covers the particular
insurance policy or Certificate of Insurance).
1. Standard Worker's Compensation Insurance (with waiver of
subrogation in favor of the City of Port Arthur, City of Port Arthur, its
Officers, Agents & Employees). (City and Contractor and all persons
providing services shall comply with the workers compensation
insurance requirements of Section 406.096 of the Texas Labor Code and
28 TAC Section 110.110, a copy of which is attached hereto and is
hereby incorporated by reference.)
2. Commercial General Liability occurrence type insurance. No. "XCU"
RESTRICTIONS SHALL BE APPLICABLE. Products/completed
operations coverage must be included, and City of Port Arthur, its
Officers, Agents, and Employees must be named as an additional
Insured.
a. Bodily Injury $500,000 single limit per occurrence, or $500,000
each person/$500,000 per occurrence for contracts of $100,000 or
less; or,
b. Bodily Injury $1,000,000 single limit per occurrence or $1,000,000
each person/$1,000,000 per occurrence for contracts in excess of
$100,000; and,
c. Property Damage $100,000 per occurrence regardless of Contract
amount; and,
d. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or,
e. Minimum aggregate policy year limit of$2,000,000 for contracts in
excess of$100,000.
3. Comprehensive Automobile Liability(including owned,non-owned and
hired vehicles coverage).
a. Minimum combined single limit of$500,000 per occurrence for
bodily injury and property damage.
b. If individual limits are provided, minimum limits are$300,000 per
person, $500,000 per occurrence for bodily injury, and$100,000 per
occurrence for property damage.
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Pr,..E..A JEL F TO RULE 110.110
The Texas Worker's Compensation Commission adopts new § 110.10, concerning requirements for
governmental entities awarding a contract for a building or construction project, and for persons
providing services on a building or construction project for a governmental entity. The new rule is
adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas
Register (19 TexReg 3131). Subsection (a)(7) and.(c)(7) were amended by adding language to
further clarify who is covered by the rule. Subsections (c)(7)(F) and (c)(3) were added to clarify
that a contractor or subcontractor is representing to the governmental entity that workers'
compensation coverage is provided. Subsections (d)(8)(C) and (c)(8)(C) were added to require
specific language regarding representations of coverage to be added to contracts to provide
services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (c)(6), and
(c)(8)(F)were amended to reduce the retention period for contractors and other persons providing
services on the project from three years to one year. Subsection (g)was changed to state that this
rule applies to contract advertised for bid after September 1, 1994, rather than awarded after
September 1, 1994.
The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all
persons providing services on a building or construction project for a governmental entity. The
commission is aware that this statutory requirement is not being met, and this rule is designed to
achieve compliance and to implement a record keeping process which will enable oversight of
compliance. The rule does this by placing requirements on the governmental entity and on
contractors and other persons providing services on a project. These requirements include
coverage, certificates of coverage, posted notices of coverage, and notification of changes in
coverage status. The rule does not create any duty or burden on anyone which the law does not
establish.
The rules defines terms which apply to governmental entity building or construction projects and
sets up a clear procedure for governmental entities and contractors that bid for building land
construction projects to follow in complying with the requirements of the Texas Labor Code,
§406.096. It also defines persons who provide services on a project who are subject to the
statutory requirement of coverage, and sets forth their requirements to comply with the statute and
the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor
are not permanently incorporated into the project. The rule puts persons on notice that providing
false or misleading certificates of coverage, or failing to provide or maintain required coverage,or
failing to report any change that materially affects the provision of coverage may subject the
contractor or other persons providing services on the project to administrative penalties, civil
penalties, or other civil actions.
The rule requires a governmental entity to timely obtain certificates of coverage, retain them for
the duration of the project plus three years, and provide them to the commission upon request and
to others entitled to them by law. It also requires the governmental entity as a prerequisite to
awarding a contract, and as part of the contract,to require that the contractor provide coverage and
certificates of coverage for the contractor's employees;timely obtain and provide the governmental
entity all required certificates of coverage for all persons providing services on the project; retain
certificates of coverage on file for the duration of the project and for one year thereafter;notify the
governmental entity in writing by certified mail or personal delivery, within 10 days after the
contractor knew or should have known, of any change that materially affects the provision of
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coverage any o' Id'i .G services n l,-" v ac d
a�z Oi su_J person pr _i=� ., /x� �.� :'i: the i iJ� i��_'a�t Ll'�eJ �s:. �? i T'uJ%L situ, ac..
contractually require' persons wivtth whom it contracts vtoi do the same, with the certificates of
coverage to be provided to the person for whom they are providing services. The rule also sets out
the language to be included in bid specifications and in contracts awarded by a governmental entity
and the information required to be in the posted notice to employees. It further establishes a
method for obtaining the certificates from persons providing services on the project and providing
them to the governmental entity.
It requires a contractor awarded a building or construction contract to provide workers'
compensation coverage to the contractor's employees for the duration of the project; file a
certificate of coverage of the contractor's employees with the governmental entity prior to being
awarded a contract; obtain and provide to the governmental entity, certificates of coverage from
each other person with whom it has contract to provide services on the project,prior to that person
beginning work on the project; obtain and provide new certificates of coverage shown on the
current certificate ends during the duration of the project; retain all certificates of coverage for the
duration of the project and for one year thereafter, notify the governmental entity of material
changes in coverage; contractually require each other person with whom it contracts to provide a
certificate of coverage;and post notices on each project site.
All other persons providing services on a project have the same requirements as a contractor,with
the exception of posting notices and with the exception that the certificate of coverage is given to
the person for whom they contracted to provide services on the project. The rule uses the term
"persons providing services on the project; in lieu of the statutory term "subcontractor because the
term "subcontractor" as used in the statue (§406.096) and in this rule is broader than standard
industry usage. The use of the different terminology will prevent confusion.
The rule does not create any duty or burden on anyone which the law does not establish.
The new rule is adopted under the Texas Labor Code, §402.061,which authorizes the commission
to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096,which establishes
requirements for governmental entities, contractors, and subcontractors ("persons providing
services on the project")regarding workers' compensation cover&ge for workers on public building
or construction projects.
Rule 110.110 Reporting Requirements for Building or Construction Projects for Governmental
Entities.
(a) The following words and terms,when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this rule shall have the
meaning defined the Texas Labor Code, if so defined.
(1) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure statutory workers' compensation insurance
coverage for the person's or entity's employees (including those subject to a
coverage agreement)providing services on a project,for the duration of the project.
(2) Building or construction - has the meaning defined in the Texas Labor
Code, §406.096(e)(1).
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d _ ,-1 a building _on
t3 Ci�r;f�;art lyr ._ � �i. :au*to for .,7. •,iy a � S.,_�1ss�U?.i,
ii:�l..L. L _D li._ or ci.f.�t�lv=... iJ�l_-Llli� i!i
project by a governmental entity.
(4) Coverage - Worker's compensation insurance meeting the statutory
requirements of the Texas Labor Code, §401.011(44).
(5) Coverage agreement - A written agreement on form TWCC-81, form
TWCC-82, four TWCC083, or form TWCC-84, filed with the Texas Workers'
Compensation Commission with establishes a relationship between the parties for
purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code,
Chapter 406, Subchapters F and G as one of employer/employee and establishes
who will be responsible for providing workers' compensation coverage for
persons providing services on the project.
(6) Duration of the project - Includes the time from the beginning of work on
the project until the work on the project has been completed and accepted by the
governmental entity.
(7) Persons providing services on the project ("subcontractor" In §406.096 of
the Act) - Includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether that
person contracted directly with the contractor and regardless of whether that
person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators,
employees of any such entity, or employees of any entity furnishing persons to
perform services on the project. "Services" includes but is not to providing,
hauling, or delivering equipment or materials, or providing labor, transportation,
or other service related to a project. "Services" does not include activities
unrelated to the project, such as food/beverage vendors, office supply deliveries,
and delivery of portable toilets.
(8) Project - Includes the provision of all services related to a building or
construction contract for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to
this rule is a representation by the insured that all employees of the Insured who
are providing services on the project are covered by workers' compensation
coverage, that the coverage if based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements have been filed with the
appropriate insurance carrier or, in the case of a self-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or
misleading certificates of coverage, or failing to provide or maintain required
coverage, or failing to report any change that materially affects the provision of
coverage may subject the contractor or other person providing services on the
project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
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(C) A a,1,,eI11In3..',ntai entity that � n.s into a building Or CO :[ ti,. 1-� on a shall:
J- it _�_�� nt- 1 i1 7 1 11 L__contract�. t L project u�.G sh�l.
(1) Include in the bid specifications, all the provisions of subsection (d) of this rule,
using the language required by paragraph(7)of this subsection;
(2) As part of the contracts, using the language required by paragraph (7) of this
subsection, require the contractor to perform as required in subsection (d) of this
rule;
(3) Obtain from the contractor a certificate of coverage for each person providing
services of the project,prior to that person beginning work on the project;
(4) Obtain from the contractor a new certificate of coverage showing extension of
coverage;
(A) Before the end of the current coverage period, if the contractor's current
certificate of coverage shows that the coverage period ends during the
duration of the project,and
(B) No later than seven days after the expiration of the coverage for each other
person providing services on the project whose current certificate shows
that the coverage period ends during the duration of the project;
(5) Retain certificates of coverage on file for the duration of the project and for three
years thereafter;
(6) Provide a copy of the certificates of coverage to the commission upon request and
to any person entitle to them by law; and,
(7) Use the following language for bid specifications and contracts, without any
additional works or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter ,standards of
documentation in Figure 1:
(Figures 1)
Article . Worker's Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate'). A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
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Duration i l from the beginning of the work
of Me project - 1'?ct+tads the tiii�� o v J
on the project until the contractor's/per50;1's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor"in§406.095)
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project.
"Services"include, without limitation,providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other
service related to a project. "Services"does not include activities
unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filling of any coverage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401,011(44)for all employees of the contractor providing services on
the project,for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
D. If the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period,file a new certificate of coverage with the
governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and,
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage (if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
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G. The contractor shall 71')•'' • i7i 'I`a.ii;e 7'1)
o—
mail or personal delive7y, within 10 days after the Contractor knew or
should have known, of any change that #aterially affects the provision of
coverage of qf any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text form and
manner prescribed by the Texas Worker's Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verb coverage and
report lack of coverage.
The contractor shall contractually required each person with whom it
contracts to provide services on a project,to:
(1) Provide coverage, based on proper reporting of classification codes
and payroll amounts and filling of any coverage agreements, which
means the statutory requirements of Texas Labor Code, Section
401.011 (44) for all of its employees providing services on the
project,for the duration of the project;
(2) Provide to the contractor, prior to that person beginning work on
the project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project,for they duration of the project;
(3) Provide the contractor, prior to the end of the coverage period, a
new certificate of coverage showing extension of coverage,(if the
coverage period shown on the current certificate of coverage and
during the duration of the project:
(4) Obtain from each other person with whom it contracts, and provide
to the contractor: •
(a) a certificate of coverage,prior to the other person beginning
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period. If the coverage
period shown on the current certificate of coverage ends
•
during the duration of the project;
(5) Retain all required certificates of coverage on file for the duration
of the project and for one year thereafter;
(6) Note the governmental entity in writing by certified mail or
personal delivery, within 10 days after the person knew or should
have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
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Co ntracSZio Zy req•;lire each person wit whom i oonrroc to
'erfbrna (.1:3 reciairec by paragraphs (I) — (), with the ceri iccites
coverage to be provided to the person for whom they are providing
services.
J. By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by worker's compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of
classification codes and payroll amounts,and that all coverage agreements
will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil
actions.
K The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
(d) A contractor shall:
(1) Provide coverage for its employees providing services on a project,for the duration
of the project based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements;
(2) Provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) Provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown
on the contractor's current certificate of coverage ends during the duration of the
project;
(4) Obtain from each person providing services on a project, and provide to the
governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and,
(B) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on
the current certificate of coverage code during the duration of the project;
C-3g
(J) et zin all required .,e: tfio c,e.y a: 0''J/ ): th,, durar;on tf l;>d Jr jek:
and for one year thereafter,. f
(6) Not fy the governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project;
(7) Post a notice on each project site informing all persons providing services on the
project that they are required to be covered, and stating how a person may verb
current coverage and report failure to provide coverage. This notice does not
satisfy other posting requirements imposed by the Act or other commission rules.
This notice must be printed with a title in at least 30 point bold type and text in at
least 19 point normal type, and shall be in both English and Spanish and any other
language common to the worker population. The text for the notices shall be the
following text in Figure 2 provided by the commission on the sample notice, without
any additional works or changes:
(Figure 2)
REQUIRED WORKER'S COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related
to this construction project must be covered by worker's compensation insurance.
This includes persons providing, hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project, regardless
of the ident'of their employer or status as an employee."
"Call the Texas Worker's Compensation Commission at 512-440-3789 to received
information on the legal requirement for coverage, to verb whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage."and
(8) Contractually require each person with whom it contracts to provide services on a
project, to:
(A) Provide coverage based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements for all of its
employees providing services on the project,for the duration of the project;
(B) Provide a certificate of coverage to the contractor prior to that person
beginning work on the project;
(C) Include in all contracts to provide services on the project the language in
subsection (o) (3) of this rule;
(D) Provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
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period shown on 7;, . 1, y i � era�'e enth' during the
! era (.� 1>�tl.lily �� 1. ,) �.7 r.G
duration of the project;
rat i vri
(E) Obtain from each other person with whom it contracts, and provide to the
contractor;
(I) a certificate of coverage, prior to the other person beginning work on
the project; and
(II) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, zf the coverage period shown on
the current certificate of coverage ends during the duration of the project:
(F) Retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(G) Note the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and,
(H) Contractually require each person with whom it contracts, to perform as
required by paragraphs (A) - (H), with the certificate of coverage to be
provided to the person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) Provide coverage for its employees providing services on a project,for the duration
of the project based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements;
(2) Provide a certificate of coverage as required by its contract to provide services on
the project,prior to beginning work on the project;
(3) Have the following language in its contract to provide services on the project:
"By signing this contract or providing or causing to be provided a certificate of
coverage, the person signing this contract is representing to the governmental
entity that all employees of the person signing this contract who will provide
services on the project will be covered by workers'compensation coverage for the
duration of the project that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be
filed with the appropriate insurance carrier or, in the case of a self-insured, with
the commission's Division of Self-Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
•
C-3i
(4) Pro-vide the person for whoa it is pro,iiding services on the project, prier
to the end of the coverage period Shown on its current certificate of coverage, a new certificate
showing extension of coverage, if the coverage period shown on the certificate of coverage ends
during the duration of the project:
(5) Obtain from each person providing services on a project under contract to it, and
provide as required by its contract:
(A) A certificate of coverage, prior to the other person beginning work
on the project; and
(B) Prior to the end of the coverage period, a new certificate of
coverage showing extension of the coverage period, if the coverage
• period shown on the current certificate of coverage ends during the
duration of the project;
(6) Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(7) Note the governmental entity in writing by certified mail or personal delivery, of
any change that materially affects the provisions of coverage of any person
providing services on the project and sent the notice within 10 days after the person
knew or should have known of the change; and
(8) Contractually require each other person with whom it contracts to:
(A) Provide coverage based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements for all of its
employees providing services on the project,for the duration of the project;
(B) Provide a certificate of coverage to it prior to that other person beginning
work on the project;
(C) Include in all contracts to provide services on the project the language in
subsection (e)(3) of this rule;
(D) Provide, prior to the end of coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown on -
the current certificate of coverage ends during the duration of the project •
(E) Obtain from each other person under contract to it to provide services on
the project, and provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work
on the project; and
(ii) prior to the end of the coverage period, a new certificate of
coverage showing extension of the coverage period, if the coverage
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period shown on the c;;ir:"eni certificate of coverage ends luring the
duration o/the contract;
(F') Retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
( i)
Not?..- the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person lcnew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(H) Contractually require each person with whom it contracts, to perform as
required by paragraphs (A) - (H), with the certificate of coverage to the
provided to the person for whom they are providing services.
(1) If any provision of this rule or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given
effect without the invalid provision or application, and to this end the provisions of this rule
are declared to be sever able.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994.
Effective Date:September 1, 1994
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4. Contractual Liability Insi r anc covering the indemnity provision of this
Contract in the same amount and coverage as provided for Commercial
General Liability Policy, specifically referring to this Contract by date,
job number and location;
5. All-Risk Builder's Risk of the non-reporting type (NOT REQUIRED for
paving projects,water and sewer line projects or projects involving lump
sum payments).
CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to
fill in all information required (including names of insurance agency, CONTRACTOR
and insurance companies, and policy numbers, effective dates and expiration dates) and
to date and sign and do all other things necessary to complete and make into a valid
Certificate of Insurance the CERTIFICATE OF INSURANCE form attached to and made a
part of the Information To Bidders, and pertaining to the above listed Items 1,2, 3 and 4;
and before commencing any of the work and within the time otherwise specified.
CONTRACTOR shall file said completed form with the OWNER. None of the provisions
in said Form shall be altered or modified in any respect except as herein expressly
authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that
coverages afforded under the policies will not be altered,modified or cancelled unless at
least fifteen (15) days prior written notice has been given to the OWNER.
CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF
INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE
Form(s) shall in any event be filed with OWNER not more than ten (10) days after
execution of this Contract.
The original Builder's Risk policy (if required) shall provide for fifteen(15) days written
notice of alteration, modification or cancellation and shall be furnished to OWNER.
Provided, however, until the Original Policy is issued and furnished to the OWNER a
Certified Insurance Binder with the identical notice will be acceptable in place of the
original policy, which original policy must be received by the OWNER not later than
thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding
any other provision in the Contract Documents, it is further mutually understood and
agreed that no payment will be due and owing or made to the CONTRACTOR for any
work performed under the Contract until all of the required insurance documentation,
including the original policy specified above, are received by the OWNER.
6. JOB EXAMINATION
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 physical
conditions of the site which may bear upon site access, handling and storage of tools and
materials, access to water, electric or other utilities or otherwise affect performance of
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required activities; ito) JOC CEO:,ac.cr and ' aa,nti of all surface and subsurface materials
or obstacles to be encountered in so far as this information is reasonably ascertainable
from inspection of the site, including exploratory work done by the OWNER or a
designated consultant. Failure to do all of he above will not relieve a successful Bidder
of the obligation to furnish all material and labor necessary to carry out the provisions of
the Contract Documents and to complete the contemplated work for the considerations
set forth in the bid. Any information shown in the specifications or on the Plans in regard
to subsurface data, test borings and similar conditions is to be considered approximate
and does not relive the Bidder of the responsibility for its verification. OWNER is not
responsible for any failure by the CONTRACTOR to acquaint himself with available
information for estimating properly the difficulty or cost of successfully performing the
work. The OWNER is not responsible 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.
7. SALES TAX
This Contract is issued by an organization which qualifies for exemption pursuant to the
provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as
codified in Chapter 151 of the Texas Tax Code.
The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public
Accounts Limited Sales, Excise and Use Tax rules aad regulations Rulings regarding
Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which,upon
compliance with certain conditions, provides for exemption from this tax of non-
consumable materials and equipment permanently incorporated into work done for an
exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax
Code (Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-
consumable materials and equipment to qualify for resale to the City of Port Arthur, and
be exempt from sales tax.
Any Bidder may elect to exclude this sales tax from his bid. The bid and contract,
however, must separately identify the charges for: (1) non-consumable materials and
equipment that are permanently incorporated into the project; and, (2) charges for skill,
labor and consumable materials, tools and equipment which are not permanently
incorporated into the project. This statement shall be included in and made part of the
Contract. CONTRACTORS are required to have a sales tax permit issued by the
Comptroller of the State of Texas in order to qualify under the exemption provisions and
the separated Contract procedure.
The City will issue a specific exemption certificate for a separated Contract to the
CONTRACTOR in order that he does not have to pay taxes on qualifying materials and
equipment purchased for and permanently incorporated into the City of Port Arthur,
project. The CONTRACTOR performing this Contract must issue to his suppliers an
exemption certificate in lieu of the tax, said exemption certificate complying with all
applicable State Comptroller's rulings, along with a copy of the certificate issued to him
by the City of Port Arthur,.
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The OWNER will make no further allowance for ai.i k e Price us
'l=
above or below the originally bid unit prices on account of this tai. It shall be the
CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales
tax from the bid, to comply with the aforementioned Rulings and with any other
applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and
Use Tax which may now or at any time during the performance of this Contract be in
effect, and the OWNER shall have no responsibility for any sales or use tax which the
CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the
OWNER'S failure to comply with said rules, regulations or laws, or as the result of the
performance of the Contract or any part hereof by the CONTRACTOR.
Bidders are cautioned that materials which are not permanently incorporated into the
work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for
exemption and are not to be included in the statement as "Non-Consumable Materials and
Equipment".
8. FINANCIAL STATEMENT AND EXPERIENCE RECORD
The Bidder will, upon request by the OWNER, furnish such information and data as
OWNER may request to determine ability of the Bidder to perform the work, including,
without limitation, a list of all jobs completed in the last 24 months giving name of
OWNER, amount of Contract, description of the job, and name of OWNER'S
representative who is familiar with the work performed by the CONTRACTOR.
9. INTERPRETATION OF PLANS AND SPECIFICATIONS
Bidders desiring further information or further interpretation of the Plans and
Specifications must make request for such information in writing to the
Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such
requests will be given in writing to all qualified Bidders, in Addendum form, and all
addenda will be bound and made a part of the Contract Documents. No other explanation
or interpretation will be considered official or binding. Should a Bidder find
discrepancies in, or omissions from, the Plans, Specifications or other Contract
Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no
later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a
written Addendum if necessary, may be sent to all Bidders prior to submission of the
bids. Failure to request such clarification is a waiver to any claim by the Bidder for
expense made necessary by reason of later interpretation of the Contract Documents by
the OWNER.
10. AWARD OF CONTRACT
Unless it elects to reject all bids, the OWNER will award the Contract as promptly as
possible consistent with the time required for a thorough analysis of bids submitted.
Award will be made on the basis of the greatest advantage to the OWNER, considering
all elements of the bid. The right is reserved to reject any or all Proposals and to waive
technical defects, as the interest of the OWNER may require. The OWNER can award the
C-6
f t o, Bidder .� i p + ss is located in the City of Port
contract L a v u�;ti_ '`y�ii.L a, L,i_,.tCi 1 place v_ OU::il�'v a~ City
Arthur and whose bid is within 3'' of the lowest bid price,
A Bidder may withdraw his Proposal before the expiration of the time during which a
Proposal may be submitted, without prejudice to himself, by submitting a written request
for its withdrawal to the officer who holds it.
11. TIME OF COMPLETION
Attention is directed to the requirement that each Bidder specify in his Proposal, where
not set by owner,the time in which he will agree to complete the work.The time required
for completion of the work will be a consideration in the determination of the successful
Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days,
including, but not limited to, all Saturdays, Sundays, and Federal, State and City
holidays.
12. SUBSTITUTIONS
Where materials or equipment are specified by a trade or brand name, it is not the
intention of the OWNER to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of quality or performance, and to
establish an equal basis for the evaluation of bids.
13. LAWS
•
All applicable laws, ordinances and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the Contract throughout.
14. EQUAL OPPORTUNITY
Bidder agrees to abide by the requirement under Executive Order No. 11246, as
amended, including specifically the provisions of the equal opportunity clause set forth in
the General Conditions.
15. MATERIAL SUPPLIERS AND SUBCONTRACTORS
Low bidder shall supply the names and addresses of major material suppliers and
Subcontractors when requested to do so by OWNER. .
16. RETAINAGE
Ten percent(10%) (five percent(5%) if the total contract exceeds Twenty-five Thousand
Dollars [$25,000]} of the amount of each periodic progress payment shall be retained by
OWNER until final completion and acceptance of all work under the CONTRACT.
C-7
17. UNIT PR.I CE•
If the Contract may be let on a unit price basis, the Specifications furnished to bidders
shall contain approximate quantities estimated upon the best available information, but
the compensation to be paid to the CONTRACTOR shall be based upon the actual
quantities constructed or supplied.
18. PRE-BID CONFERENCE
A MANDATORY PRE-ElD CONFERENCE between the Engineer, Representatives of
the City of Port Arthur, Texas and prospective bidders will be held on
at, at City of Port Arthur Ci y Hall, 444 4th Street, Stn Floor
Conference Room, Port Arthur, TX 77340.
The purpose of the MANDATORY PRE-BiD CONFERENCE is to make certain that
the scope of work is fully understood,to answer any questions, to clarify the intent of the
Contract Documents, and to resolve any problems that may affect the project
construction. No addendum will be issued at this mee-ting, but subsequent thereto, the
Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract
Documents.
Bids received from firms or individuals not listed on the roll of attendees of the
MANDATORY PRE-BID CONFERENCE will be rejected and returned unopened to
the Bidder.
C-8
C y r w §n'�r 1z� '
• �^£� 4:5x `:'a k i 1' m5S EC�TyO :y - j ,y' '� 1x r t x s$khs� "d M '.21,104_ I m � t £t..z 7 - BID py, . •, . � Y � ''`l}' y, ` z a ,, "x„ ' ,. •' .+t; .?1 .?�^; - _ . Ue.4 x. hrX- y i^4 � a y£. 9_ "'�y ,� ". Py a � � y r°F r�. ,e .� � 'a 4 ,, � , s°.:fix: .a'.r ; zk � l ., k '1a tV:4 7b-x, r�-. 5.�2..i"�2 f , � ' < :
, t
BID —-- ---—
TO: City of Port Arthur
444 4th Street
City of Port Arthur,Texas 77642
Proposal of (hereinafter called "BIDDER"), organized and
existing under the laws of the State of Texas, doing business as*
and acting by and through to the City of Port Arthur,
(hereinafter called "OWNER").
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
work for the construction of Pleasure Island Marina Paving Rehabilitation to serve the City of
Port Arthur in strict accordance with the Contract Documents, within the time set forth in the
Notice to Proceed and at the prices stated below, and Bidder shall enter into Contract for same
within the time specified in Contract Documents.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID,each party
thereto certifies as to his own organization, that this BID has been arrived at independently,
without consultation,communication,or agreement as to any matter relating to this BID with any
other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this Contract on or before a date to be
specified in the Notice to Proceed and to fully complete the PROJECT within 120
consecutive calendar days specified in the Notice to Proceed,including, but not limited to, all
Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to
pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter
including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as
provided in Section 51 of the General Conditions.
Enclosed is bid security as required.
BIDDER acknowledges receipt of the following ADDENDUM:
BIDDER agrees to perform all the work described in the Contract Documents for the following
unit prices or lump sum:
"Insert"a corporation,""a partnership,"or"an individual"as applicable.
D-1
BID
For
PLE SURE L-i MARINA P_�Ni il's G REHABILITATION
CITY OF PORT ARTHUR,TEXAS
MAY 2014
SOUTE X PR-OjECT NO, 13-D109
BASE B113 ITEMS
37E11 QUANTITY u rr DESCR0PT]CN IDF 17E5111 MTH UM5T CE JRITTE 9 7 WORDS TOTAL
Mobilization, Bonds, Insurance
@ dollars/cents
1. 1 LS $
Per Lump Sum $
Barricades and Traffic Control Plan
dollars/cents
2. 1 LS $
Per Lump Sum $
Rework existing base 6" deep and stabilize
with 6%cement
@
3. 11,000 SY dollars/cents
Per Square Yard
Flexible Base Material
dollars/cents
4. 1,220 Tons $
Per Ton
Remove/Reclaim existing base and
and asphalt material
dollars/cents
5. 3,000 SY
Per Square Yard
D-2
1T7-ih1 QU.ANTIT3' IT Di:acRI?710•No-1r 'i?17mlj i 17 P 1:31'C';TIRITT".■1 IN'WCRip'S TOTAL
Proof Rolling
dollars/cents
6. 20 Hours
Per Hour $
Lime Treatment
dollars/cents
7. 5,942 SY $
Per Square Yard $
Stockpiled flexible base placed on
lime treated subgrade
dollars/cents
8. 3,000 SY
Per Square Yard
Hot Mix Asphalt
dollars/cents
9. 1,375 Tons $
Per Ton $
Construct ADA sidewalk to existing ramp
dollars/cents
10. 8 Each $
Per Each
5' wide ADA concrete sidewalk 78' long
with 12' x 10' landing
dollars/cents
11. 1 LS
Per Lump Sum
D-3
17 1111 QUA:ATM UN 1 ne.S.-CRi.?71ON Of rr:_:m 'i'iA.Trl u irr p`R.j r`/;-ti"i?_M '1111) �'3 TO-TAL
Paint parking stripes,handicap area, handicap
symbols and sign a e, et,:;. as shown on the plans
dollars/cents
12. 1 LS $
Per Lump Sum
TOTAL AMOUNT OF BID $
dollars/cents
Prices to be written and the written word shall prevail
•
D-4
•
STATEMENT FOR SEPARATED coN-TRAcT C.O pLIA&NICEs
TOTAL BASE BiD Nor-consumable material and
equipment. (Tax Exempt)
TOTAL BASE BD: Skill, labor and consumable
material,tools and equipment. (Not Tax Exempt)
Unit prices are to be expressed in both words and figures. In case of a discrepancy,the amount shown
in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing,
shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called
for.
BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any
informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the
basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID with Substitution(s) and/or Alternates and
TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the
OWNER.
The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of
sixty (60) calendar days after the scheduled closing time for receiving bids.
The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations
made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the
Contractor.
Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract
attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure
payment for all labor and materials. The bid security attached, without endorsement, in the sum of no
less than five percent (5%) of the amount bid, is to become the property of City of Port Arthur, in the
event the contract and bonds are not executed within the time above set forth, as liquidated damages
without limitation.
Respectfully submitted:
(NAME OF CONTRACTOR) (ADDRESS)
BY:
(TELEPHONE NUMBER)
TITLE:
(LICENSE NUMBER IF APPLICABLE)
DATE:
(SEAL,IF BIDDER IS A CORPORATION) (ATTEST)
D-5
CITY OF PORT ARTHUR
EXCEPTION I APPROVED EQUAL REQUEST
[Please submit this form for each exception/approved equal]
VENDOR: TELEFAX:
PROJECT:
PAGE: of PARAGRAPH:
SUBJECT:
REQUEST:
Signature
CITY OF PORT ARTHUR
APPROVED: DISAPPROVED: • CLARIFICATION:
REMARKS:
Signature
CITY OF PORT ARTHUR
D-6
AFFIDAVIT
[RETURN THIS AFFIDAVIT AS PART OF THE BILE PROPOSAL;
All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a duly
authorized Officer of the company,whose signature is binding on the Bid Proposal.
The Undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur.
Further, I agree to pay succeeding debts as they become due during this agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agree to pay said debts prior to execution of this Agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agree to enter into an agreement for the payment of said debts. I further agree to pay
succeeding debts as they become due.
NAME OF OFFERER:
TITLE:
ADDRESS:
CITY/STATE/ZIP:
TELEPHONE NUMBER:
SIGNATURE:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public in and for the State of
Signature My Commission Expires:
D-7
i 43,4-:"5,0t- _ CST ® N E
{::.;;;,,,,00,,,,,, E$., d 4 i � - � is $ {64
,k
IDBO`ID
'<NO W ALL L,M�'N BY THESE ES T` that we 7 _n,aawn 7, _;}
_ ._— .�. �::3�1�I..J. 'ti i�ti, the lJ_i 1[,i J1 7.i.�v . —
as Principal,
and as Surety, are
hereby held and firmly bound unto the City of Port Arthur as OWNER in the penal sum of
for the payment of
which, well and truly to be made, we hereby jointly
and severally bind ourselves, successors and assigns.
Signed, this day of , 20 . The
Condition of the above obligation is such that whereas the Principal
has submitted to a
certain BID, attached hereto and hereby made a part hereof to enter
into a Contract in writing, for the Pleasure Island Marina Paving Rehabilitation
NOW,THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the
Form of Contract attached hereto (properly completed in accordance with said BID) and
shall furnish a BOND for his faithful performance of said Contract, and for the payment of
all persons performing labor or furnishing materials in connection therewith, and shall in
all other respects perform the agreement created by the acceptance of said BID, then this
obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as here in stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its BOND shall be in no way impaired or affected by any extension of the time within which
the OWNER may accept such BID; and said Surety does hereby waive notice of any such
extension.
E-1
IN WITNESS WHEi.ECF. the Pri-ncipal s-Lid the Syr',-ty have hereunto set their hands and
and such of them as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper Officers,the day and year first set forth above.
(L.S.)PRINCIPAL
SURETY
BY:
IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most
current list(Circular 570 as amended) and be authorized to transact business in the state where the project
is located.
E-2
--;14 `�L, S'` a%F}strt` .� d$i9. > ^° ,. , �a .� . '°'3' CEO �y, A.
�� E• ERA DI ONE
N lJNI pJtWHL. INDEX
TO
GENERAL CONDITIONS
TiTLE PARAGRAPH
Contract and Contract Documents 1
Definitions
Termination of Contract for Cause 3
Personnel 4
Reports and Information 5
Records and Audits 6
Findings Confidential 7
Copyright 8
Compliance with Laws 9
Interest of Members of City 10
Interest of Other Local Public Officials 11
Interest of Contractor and Employees 12
Incorporation of Provisions Required by Law 13
Certificates and Permits 14
Guarantee of Work 15
Additional Instructions and Detail Drawings 16
Shop or Setting Drawings 17
Materials, Services and Facilities 18
CONTRACTOR'S Title to Materials 19
Inspection and Testing of Materials 20
"Or Equal" Clause 21
Patents 22
Surveys 23
CONTRACTOR'S Obligations 24
F-i
T:TLE PALAGzA9-I
Insurance 25
Special Conditions Pertaining to Hazards, Safety Standards, and Accident Prevention 26
Suspension of Work 27
Safety and Health Regulations for Construction 28
Use and Occupancy Prior to Acceptance by Owner 29
Use of Premises and Removal of Debris 30
Quantities of Estimate 31
Lands and Rights-of-Way 32
Notice and Service Thereof 33
Separate Contract 34
Subcontracting 35
Architect/Engineer's Authority 36
Meaning of Intent 37
Contract Security 38
Additional or Substitute Bond 39
Assignments 40
Mutual Responsibility of CONTRACTORS 41
Acceptance of Final Payment Constitutes Release 42
Payments by Contractor 43
Construction Schedule and Periodic Estimates 44
Payments to Contractor ... 45
Correction of Work 46
Subsurface Conditions Found Different 47
Claims for Extra Cost 48
Changes in Work 49
Extras 50
Time for Completion and Liquidated Damages 51
F-i i
TM ;7- PARAizP,APH
Weather Conditions 52
Protection of Work and Property /Emergency 53
Inspection
Superintendence by Contractor 55
Underpayments of Wages or Salaries 56
Employment of Certain Persons Prohibited 57
Employment of Laborers or Mechanics Not Listed in Aforesaid
Wage Determination Decision 58
Fringe Benefits Not Expressed as Hourly Wage Rates 59
Posting Wage Determination Decisions and Authorized Wage Deductions 60
Complaints, Proceedings or Testimony by Employees 61
Claims and Disputes Pertaining to Wage Rates 62
Payrolls and Basic Payroll Records of Contractor and Subcontractors 63
Specific Coverage of Certain Types of Work by Employees 64
Ineligible Subcontractors 65
Provisions to be Included in Certain Subcontracts 66
Breach of Foregoing Wage Standards and Rates Provisions ....... 67
Equal Employment Opportunity 68
Civil Rights Act of 1964 69
Conflicting Conditions in Contract Documents 70
Indemnification 71
A.I.A. General Conditions 72
Delays 73
Maintenance of Work 74
Antitrust 75
Federal Labor Standards Provisions 76
Delay, Disruptions or Other Claims 77
F-iii
GENEFL CONDITIONS
1. CONTRACT AND CONTRACT D OCUMENTS
The Plans, Specifications and Addenda, enumerated in the Agreement and Paragraph 1 of
the Supplemental General Conditions, shall form part of this Contract, and the provisions
thereof shall be as binding upon the parties hereto as if they were herein fully set forth.
The Table of Contents, titles, headings, running headlines and marginal notes contained
herein and in said Documents are solely to facilitate reference to various provisions of the
Contract Documents and in no way affect, limit, or cast light on the interpretation of the .
provisions to which they refer.
2. DEFINITIONS
The following terms, as used in this Contract,are respectively defined as follows:
a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made
with the OWNER or City of Port Arthur.
b. "Subcontractor": A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate Contract or agreement
with,the CONTRACTOR.
c. "Work on (at) the Project": Work to be performed at the location of the project,
including the transportation of materials and supplies to or from the location of the
project by employees of the CONTRACTOR and any Subcontractor.
d. "OWNER": Refers to the City of Port Arthur.
e. "CPA": Refers to the City of Port Arthur.
f. "ENGINEER": Soutex Surveyors &Engineers,Port Arthur,Texas
3. TERMINATION OF CONTRACT FOR CAUSE
If,through any cause,the CONTRACTOR shall fail to fulfill in 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 OF PORT ARTHUR,
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 ten
(10) days before the effective date of such termination. In such event, all finished or
unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and
reports prepared by the CONTRACTOR under this Contract shall, at the option of the
CITY OF PORT ARTHUR,become its property and the CONTRACTOR shall be entitled
to receive just and equitable compensation for any work satisfactorily completed
hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of
liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT
ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY
F-1
OF PORT ARTHUR 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 OF PORT
ARTHUR from the CONTRACTOR is determined.
4. PERSONNEL
a. The CONTRACTOR represents that he has, or will secure at his own expense, all
personnel required in performing the work under this Contract. Such personnel shall
not be employees of, or have any contractual relationship with, the CITY OF PORT
ARTHUR.
b. All of the work required hereunder will be performed by the CONTRACTOR, or
under his supervision, and all personnel engaged in the work shall be fully qualified
and shall be authorized or permitted under State and local law to perform such
services.
c. None of the work covered by this Contract shall be subcontracted without the prior
written approval of the CITY OF PORT ARTHUR. Any work or services
subcontracted hereunder shall be specified by written Contract or agreement and
shall be subject to each provision of this Contract.
5. REPORTS AND INFORMATION
The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR
may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may
request pertaining to the work or services undertaken pursuant to this Contract, the costs
and obligations incurred or to be incurred in connection therewith, and any other matters
covered by this Contract.
6. RECORDS AND AUDITS
The CONTRACTOR shall maintain accounts and records, including personnel, property
and financial records, adequate to identify and account for all costs pertaining to the
Contract and such other records as may be deemed necessary by the CITY OF PORT
ARTHUR to assure proper accounting for all project funds, both federal and non-federal
shares.
These records will be made available for audit purposes to the CITY OF PORT
ARTHUR or any authorized representative, and will be retained for three (3) years after
the expiration of this Contract, unless permission to destroy them is granted by the CITY
OF PORT ARTHUR.
7. FINDINGS CONFIDENTIAL
All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR
under this Contract are confidential, and CONTRACTOR agrees that they shall not be
made available to any individual or organization without the prior written approval of the
CITY OF PORT ARTHUR.
F-2
8. COPYRIGHT
No report, maps or other Documents produced in whole or in part under this Contract
shall be the subject of an application for copyright by or on behalf of the CONTRACTOR.
9. COMPLIANCE WITH LAWS
The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders,
regulations and codes of the Federal, State and local governments relating to performance
of the work herein, the protection of adjacent property and the maintenance of
passageways, guard fences or other protective facilities.
10. INTEREST OF MEMBERS OF CITY
No member of the governing body of the City of Port Arthur, and no other Officer,
Employee or Agent of the City of Port Arthur, 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.
11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS
No member of the governing body of the locality and no other public official of such
locality, 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.
12. INTEREST OF CONTRACTOR AND EMPLOYEES
The CONTRACTOR covenants that he presently has no interest and shall not acquire any
interest, direct or indirect, in the study area or any parcels therein or any other interest
which would conflict in any manner or degree with the performance of his services
hereunder. The CONTRACTOR further covenants that in the performance of this
Contract,no person having any such interest shall be employed.
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.
F-3
14. CERTIFI C RTES AND PERMITS
Except for required permits issued by OWNER, which shall be issued at no cost to
CONTRACTOR, CONTRACTOR shall secure at his own expense from other public
authorities all necessary certificates, licenses, approvals and permits required in
connection with the work of this Contract or any part thereof, and shall give all notices
required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges
incident to the due and lawful prosecution of the work of this Contract, and any extra
work performed by him.
15. GUARANTEE OF WORK
a. Neither the final certificate of payment, nor any provision in the Contract
Documents, nor partial or entire occupancy of the premises by the OWNER shall
constitute an acceptance of work not done in accordance with the Contract
Documents or relieve the CONTRACTOR of liability in respect to any warranties or
responsibility for faulty materials or workmanship. The CONTRACTOR guarantees
and warrants that all materials and equipment which are to become part of the work
shall be new unless otherwise specified, and that all work will be of good quality and
free from faults or defects and in accordance with the Contract Documents and of
any inspections, tests or approvals required by the Contract Documents, law,
ordinance, rules, regulations or orders of any public authority having jurisdiction.
The OWNER will give notice of observed defects with reasonable promptness.
b. Neither observations by Architect or Engineer nor inspections, tests or approvals by
persons other than CONTRACTOR shall relieve CONTRACTOR from his
obligations to perform the work in accordance with the requirements of the Contract.
c. The provisions of this Paragraph shall be cumulative of, and not in limitation of,the
responsibility of CONTRACTOR for defects in the work or materials or damages
resulting therefrom as otherwise provided by the law of the State of Texas or this
Contract, including, without limitation, the implied warranty of fitness of the work
and the implied obligation to perform the work in a good and workmanlike manner.
16. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS
The CONTRACTOR will be furnished additional instructions and detail drawings as
necessary to carry out the work included in the Contract. The additional drawings and
instructions thus supplied to the CONTRACTOR will coordinate with the Contract
Documents and will be so prepared that they can be reasonably interpreted as part
thereof. The CONTRACTOR shall carry out the work in accordance with the additional
detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will
prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be
required, such drawings, if any, to be furnished by the Architect/Engineer in accordance
with said schedule; and, (b) a schedule fixing the respective dates for the submission of
shop drawings, the beginning of manufacture, testing and installation of materials,
supplies and equipment, and the completion of the various parts of the work; each such
schedule to be subject to change from time to time in accordance with the progress of the
work.
F-4
17. S -I OP OR SETTING DR,-VVYIN'GS
The CONTRACTOR shall submit promptly to the ArchitectiEngineer two (2) copies of
1 1
each shop or setting drawing prepared in accordance with the schedule predetermined as
aforesaid. After examination of such drawings by the Architect/Engineer and the return
thereof, the CONTRACTOR shall make such corrections to the drawings as have been
indicated and shall furnish the Architect/Engineer with two (2) corrected copies. If
requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies.
Regardless of corrections made in, or approval given to, such drawings by the
Architect/Engineer,the CONTRACTOR will nevertheless be responsible for the accuracy
of such drawings and for their conformity to the Plans and Specifications, unless he
notifies the Architect/Engineer in writing of any deviations at the time he furnishes such
drawings.
18. MATERIALS, SERVICES AND FACILITIES
a. It is understood that, except as otherwise specifically stated in the Contract
Documents, the CONTRACTOR shall provide and pay for all materials, labor,tools,
equipment, water, light, power, transportation, superintendents, temporary
construction of every nature, and all other services and facilities of every nature
whatsoever necessary to execute, complete and deliver the work within the specified
time. •
b. Any work necessary to be performed after regular working hours, on Sundays or
Legal Holidays, shall be performed without additional expense to the OWNER.
19. CONTRACTOR'S TITLE TO MATERIALS
No materials or supplies for the work shall be purchased by the CONTRACTOR or by
any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or
other agreement by which an interest is retained by the seller. The CONTRACTOR
warrants that he has good title to all materials and supplies used by him in the work, free
from all liens, claims or encumbrances.
20. INSPECTION AND TESTING OF MATERIALS
a. All materials and equipment used in the construction of the project shall be subject
to adequate inspection and testing in accordance with accepted standards. The
laboratory or inspection agency shall be selected by the OWNER. The OWNER will
pay for all laboratory inspection service direct, and not as a part of the Contract;
however, Owner will only pay for the first tests that pass. Failed tests and
subsequent tests to pass work will be the CONTRACTOR'S sole expense.
b. Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish
conformance with Specifications and suitability for uses intended.
F-5
21, OR EQU\T," CLAUSE
Whenever a material_, article or piece of equipme,nt is identified on the Plans or in the
Specifications by reference to manufacturers' or vendors' names, trade names, catalogue
numbers, etc., it is intended merely to establish a standard; and, any material, article or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the
material, article or equipment so proposed is, in the opinion of the Architect/Engineer,of
equal substance and function. It shall not be purchased or installed by the
CONTRACTOR without the Architect/Engineer's written approval.
22. PATENTS
a. The CONTRACTOR shall hold and save the OWNER and its Officers, Agents,
Servants and Employees harmless from liability of any nature or kind, including cost
and expenses for, or on account of, any patented or unpatented invention, process,
article or appliance manufactured or used in the performance of the Contract,
including its use by the OWNER, unless otherwise specifically stipulated in the
Contract Documents.
b. License or Royalty Fees: License and/or royalty fees for the use of a process which
is authorized by the OWNER of the project must be reasonable and paid to the holder
of the patent, or his authorized licensee, direct by the OWNER and not by or through
the CONTRACTOR.
c. If the CONTRACTOR uses any design, device or materials covered by letters patent
or copyright, he shall provide for such use by suitable agreement with the OWNER
of such patented or copyrighted design,device or material. It is mutually agreed and
understood that, without exception, the Contract prices shall include all royalties or
costs arising from the use of such design, device or materials in any way involved in
the work. The CONTRACTOR and/or his Sureties shall indemnify and save
harmless the OWNER of the project from any and all claims for infringement by
reason of the use of such patented or copyrighted design, device or materials or any
trademark or copyright in connection with work agreed to be performed under this
Contract, and shall indemnify the OWNER for any cost, expense or damage which it
may be obliged to pay by reason of such infringement at any time during the
prosecution of the work or after completion of the work.
23. SURVEYS
Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to
the CONTRACTOR all surveys necessary for the execution of the work.
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24. CONTRA CT OR'S OR:LIGATI.O-NS
The CONTRACTOR shall and will, in good workmanlike manner, do and perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means,
except as herein otherwise expressly specified, necessary or proper to perform and
complete all the work required by this Contract, within the time herein specified, in
accordance with the provisions of this Contract and said Specifications and in accordance
with the Plans and drawings covered by this Contract and any and all supplemental Plans
and drawings, and in accordance with the directions of the Architect/Engineer as given
from time to time during the progress of the work. He shall furnish, erect, maintain and
remove such construction plant and such temporary works as may be required.
The CONTRACTOR shall observe, comply with and be subject to all terms, conditions,
requirements and limitations of the Contract and Specifications, and shall do, carry on
and complete the entire work to the satisfaction of the Architect/Engineer and the
OWNER.
25. INSURANCE
The CONTRACTOR shall not commence work under this Contract until he has obtained
all the insurance required herein and such insurance has been approved by the OWNER,
nor shall the CONTRACTOR allow any Subcontractor to commence work on this
Subcontract until the insurance required of the Subcontractor has been so obtained and
approved. (See information to Bidders,Paragraph 5.)
26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY
STANDARDS, AND ACCIDENT PREVENTION
(a) Danger Signals and Safety Devices(Modify as Required):
The CONTRACTOR shall make all necessary precautions to guard against damages
to property and,injury to persons. He shall put up and maintain in good condition,
sufficient red or warning lights at night, suitable barricades and other devices
necessary to protect the public. In case the CONTRACTOR fails or neglects to take
such precautions, the OWNER may have such lights and barricades installed and
charge the cost of this work to the CONTRACTOR. Such action by the OWNER
does not relieve the CONTRACTOR of any liability incurred under these
Specifications or Contract.
(b) Use of Explosives:
When the use of explosives is necessary for the prosecution of the work, the
CONTRACTOR shall observe all local, State and Federal laws in purchasing and
handling explosives. The CONTRACTOR shall take all necessary precautions to
protect completed work, neighboring property, water lines or other underground
structures. Where there is danger to structures or property from blasting,the charges
shall be reduced and the material shall be covered with suitable timber, steel or rope
mats.
F-7
The CONTRACTOR CTO; ,ail 'i ''_ f all CM/NF--R'S of public utility property of the
l :� snail 1 7 It,', 1 � 7�;"fly_ i
intention to use explosives at least eight (8) hour's before blasting is done, close to
such property. Any supervision or direction of use of explosives by the Engineer
does not in any way reduce the responsibility f the CONTRACTOR or his Surety for
any Uv•� P of CONTRACTOR his
that may be caused by such use.
27. SUSPENSION OF WORK
Should the OWNER be prevented or enjoined from proceeding with work or from
authorizing its prosecution either before or after its prosecution, by reason of any
litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by
reason of said delay, but time for completion of the work will be extended to such
reasonable time as the OWNER may determine will compensate for time lost by such
delay with such determination to be set forth in writing.
28. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
In order to protect the lives and health of his Employees under the Contract, the
CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours
and Safety Standards Act, as amended, commonly known as the Construction Safety Act
as pertains to health and safety standards; and shall maintain an accurate record of all
cases of death, occupational disease and injury requiring medical attention or causing loss
of time from work, arising out of and in the course of employment on work under the
Contract.
The CONTRACTOR alone shall be responsible for the safety, efficiency and adequacy of
his plant, appliances and methods, and for any damage which may result from their
failure or their improper construction,maintenance or operation.
29. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER
The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project
before formal acceptance by the OWNER,provided the OWNER:
a. Secures written consent of the CONTRACTOR except in the event, in the opinion of
the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in
completing the contract requirements;
b. Secures consent of the Surety;
c. Secures endorsement from the insurance carrier(s) permitting occupancy of the
building or use of the project during the remaining period of construction; or,
d. When the project consists of more than one (1) building and one of the buildings is
occupied, secures permanent fire and extended coverage insurance, including a
permit from the insurance carrier to complete construction.
F-8
30. USE OF PREMISES AND 'REMOVAL OF DEBRIS
The CONTRACTOR expressly undertakes at his own expense:
a. To take every precaution against injuries to persons or damage to property;
b. To store his apparatus, materials, supplies and equipment in such orderly fashion at
the site of the work as will not unduly interfere with the progress of his work or the
work of any other CONTRACTOR'S;
c. To place upon the work or any part thereof only such loads as are consistent with the
safety of that portion of the work;
d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his
operations, to the end that at all times the site of the work shall present a neat,
orderly and workmanlike appearance;
e. Before final payment to remove all surplus material, false work, temporary
structures, including foundations thereof,plant of any description and debris of every
nature resulting from his operations, and to put the site in a neat,orderly condition;
f. To effect all cutting, fitting or patching of his work required to make the same to
conform to the Plans and Specifications and, except with the consent of the
Architect/Engineer, not to cut or otherwise alter the work of any other
CONTRACTOR.
31. QUANTITIES OF ESTIMATE
Wherever the estimated quantities of work to be done and materials to be furnished under
this Contract are shown in any of the documents including the proposal, they are given
for use in comparing bids and the right is especially reserved, except as herein otherwise
specifically limited,to increase or diminish them as may be deemed reasonably necessary
or desirable by the OWNER to complete the work contemplated by the Contract,and such
increase or diminution shall in no way vitiate this Contract,nor shall any such increase or
diminution give cause for claims or liability for damages.
32. LANDS AND RIGHTS-OF-WAY
Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way
necessary for the carrying out and completion of work to be performed under this
CONTRACT.
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33. NOTICE AND SERVICE 'THEREOF
Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract
shall be in writing and considered delivered and the service thereof completed when said
notice is posted, by certified or registered mail, to the said CONTRACTOR at his last
given address, or delivered in person to the said CONTRACTOR or his authorized
representative on the work.
34. SEPARATE CONTRACT
The CONTRACTOR shall coordinate his operations with those of other
CONTRACTORS. Cooperation will be required in the arrangement for the storage of
materials and in the detailed execution of the work. The CONTRACTOR, including his
Subcontractors, shall keep informed of the progress and the detail work of other
CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress
or effective workmanship on the part of other CONTRACTORS.
Failure of a CONTRACTOR to keep informed of the work progressing on the site and
failure to give notice of lack of progress or defective workmanship by others shall be
construed as acceptance by him of the status of the work as being satisfactory for proper
coordination with his own work.
35. SUBCONTRACTING
a. The CONTRACTOR may utilize the services of specialty Subcontractors on those
parts of work which, under normal contracting practices, are performed by specialty
Subcontractors.
b. The CONTRACTOR shall not award any work to any Subcontractor without prior
written approval of the OWNER, which approval will not be given until the
CONTRACTOR submits to the OWNER a written statement concerning the proposed
award to the Subcontractor, which statement shall contain such information as the
OWNER may require.
c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or
omissions of his Subcontractors, and of persons either directly or indirectly
employed by them, as he is for the acts and omissions of persons directly employed
by him.
d. The CONTRACTOR shall cause appropriate provisions to be inserted in all
Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by
the terms of the General Conditions and other Contract Documents insofar as
applicable to the work of Subcontractors, and to give the CONTRACTOR the same
power as regards terminating any Subcontract that the OWNER may exercise over
the CONTRACTOR under any provision of the Contract Documents.
e. Nothing contained in this Contract shall create any contractual relation between any
Subcontractor and the OWNER.
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36, _ RCRIIECT! ENGINEER'S AI T'EIDRITY
The Architect/Engineer shall give all orders and directions contemplated under this
The
Contract and Specifications, relative to the execution. of the work. T j�
Architect/Engineer shall determine the amount, quality, acceptability and fitness of the
several kinds of work and materials which are to be paid for under this Contract, and
shall decide all questions which may arise in relation to said work and the construction
thereof. The Architect/Engineers estimates and decisions shall be final and conclusive,
except as herein otherwise expressly provided. In case any question shall arise between
the parties hereto relative to said Contract or Specifications,the determination or decision
of the Architect/Engineer shall be a condition precedent to the right of the
CONTRACTOR to receive any money or payment for work under this Contract affected
in any manner or to any extent by such question.
37. MEANING OF INTENT
The Architect/Engineer shall decide the meaning and intent of any portion of the
Specifications and of any Plans or drawings where the same may be found obscure or be
in dispute. Any differences or conflicts in regard to their work which may arise between
the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work
for the OWNER, shall be adjusted and determined by the Architect/Engineer.
38. CONTRACT SECURITY,
If the Contract amount exceeds Fifty Thousand Dollars [$50,000.00], a.Payment Bond
shall be furnished, and if the contract exceeds One Hundred Thousand Dollars
[$100,000.00], a Performance Bond also shall be furnished, on prescribed forms in the
amount of one hundred percent (100%) of the Contract price or in a penal sum not less
than that prescribed by State, territorial or local law, as security for the payment of all
persons performing labor on the project under this Contract and furnishing materials in
connection with this Contract and as security for the faithful performance of this
Contract.
39. ADDITIONAL OR SUBSTITUTE BOND
If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any
Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall,
within five (5) days after notice from the OWNER to do so, substitute an acceptable bond
(or bonds) in such form and sum and signed by such other Surety or Sureties as may be
satisfactory to the OWNER. The premiums on such bond shall be paid by the
CONTRACTOR. No further payments shall be deemed due nor shall be made until the
new Surety and Sureties shall have furnished such an acceptable bond to the OWNER.
40. ASSIGNMENTS
The CONTRACTOR shall not assign the whole or any part of this Contract or any monies
due or to become due hereunder without written consent of the OWNER. In case the
CONTRACTOR assigns all or any part of any monies due or to become due under this
F-1l
Cont the t 1 e �: o,r g , ubsta. t it the fect
Contract, tl_ ins..i�.ir.��r .. _ �.<.�_ rn?i..,rl[ shall contain a clause ��_...,�.��i._a_ ,� to t..�„ r`-
that 't is agreed that the right of the assi• ri e ' agd to any rno i s due or to become due
J'-
to the CONTRACTOR shall be subject to prior claims of all persons, firms and
corporations of services rendered ""'•��terials supplied for the performance* of the work
or il...,.. supplied i'_S.1.ii4+°. of
called for in this Contract.
41. MUTUAL RESPONSIBILITY OF CONTRACTORS
If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR
or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees
to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if
such other CONTRACTOR or Subcontractor will so settle. If such other CONTRACTOR
or Subcontractor shall assert any claim against the OWNER on account of any damage
alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall
indemnify and safe harmless the OWNER against any such claim.
42. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER of all claims and all liability to the CONTRACTOR for all things
done or furnished in connection with this work and for every act and neglect of the
OWNER and others relating to or arising out of this work. No payment,however,final or
otherwise, shall operate to release the CONTRACTOR or his Sureties from any
obligations under this Contract or the Performance and Payment Bonds.
43. PAYMENTS BY CONTRACTOR
The CONTRACTOR shall pay (a) for all transportation and utility services no later than
the 20th day of the calendar month following that in which services are rendered; (b)for
all materials, tools and other expendable equipment to the extent of ninety percent(90%)
cost thereof, no later than the 20th day of the calendar month following that in which
such materials, tools and equipment are delivered at the site of the project, and the
balance of the cost thereof, no later than the 30th day following the completion of that
part of the work in or on which such materials, tools and equipment are incorporated or
used; and (c) to each of his Subcontractors, no later than the 5th day following each
payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on
account of the work performed by his Subcontractors to the extent of each
Subcontractors' interest therein.
•
44. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract, and before the first partial
payment is made, the CONTRACTOR shall deliver to the OWNER an estimated
construction progress schedule in form satisfactory to the OWNER, showing the proposed
dates of commencement and completion of each of the various subdivisions of work
required under the Contract Documents and the anticipated amount of each monthly
payment that will become due the CONTRACTOR in accordance with the progress
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schedule. The CONTRACTOR ACTOR shat also f rn'* on forms to be su_nnlieci by the
OWNER. (a) a detailed estimate giving a complete breakdown of the contract price; and
(b)periodic itemized estimates of work done for the purpose of making partial payments
thereon. The costs employed in making up any of these schedules will be used only for
determining the basis of partial payments and will not be considered as fixing a basis for
additions to or deductions from the Contract price.
45. PAYMENTS TO CONTRACTOR
a. Not later than the twentieth (20th) day of each calendar month, the OWNER shall
make a progress payment to the CONTRACTOR on the basis of a duly certified and
approved estimate of the work performed during the preceding calendar month under
this Contract, but to insure the proper performance of the Contract, the OWNER
shall retain ten percent (10%) [five percent {5%} if the total contract price exceeds
$25,000] of the amount of each estimate until final completion and acceptance of all
work covered by this Contract; Provided, that the CONTRACTOR shall submit his
estimate no later than the fifth (5th) day of the month. Provided further, that on
completion and acceptance of each separate building, public work or other division
of the Contract on which the price is stated separately in the Contract, payment may
be made in full, including retained percentages thereon, less authorized deductions.
The CONTRACTOR is advised that the payment schedule noted in the paragraph is
subject to fluctuation due to the City Council's regular schedule of meeting on every
other Tuesday. The CONTRACTOR may alter his estimate period such as to give
the Engineer ten (10) working days prior to the next scheduled City Council meeting
to prepare an estimate of the work completed and submit said estimate for the
OWNER'S action.
b. In preparing estimates, the material delivered on the site and preparatory work done
may be taken into consideration.
c. All material and work covered by partial payments made shall thereupon become the
sole property of the OWNER, but this provision shall not be construed as relieving
the CONTRACTOR from the sole responsibility for the care and protection of
materials and work upon which payments have been made or the restoration of any
damaged work or as a waiver of the right of the OWNER to require the fulfillment of
all of the terms of the Contract.
d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The
CONTRACTOR agrees that he will indemnify and save the OWNER harmless from
all claims growing out of the lawful demands of Subcontractors, laborers, workmen,
mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools and all supplies, including commissary, incurred in the furtherance of
the performance of this Contract. The CONTRACTOR shall, at the OWNER'S
request, furnish satisfactory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the CONTRACTOR fails to do
so, then the OWNER may, after having served written notice on the said
CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice,
F-13
direct, or withhold from, tie CONTRACTOR'S unpaid comoensation a sum of 111O11-e:i
deemed reasonably sufficient to pay any and all such lawful claims until satisfactory
evidence is furnished that all liabilities have been frilly discharged whereupon
payment to the CONTRACTOR shall be resumed, in accordance with the terms of
this Contract, but in no event shall the provisions of this sentence be construed to
impose any obligations upon the OWNER to either the CONTRACTOR or his Surety.
In paying any unpaid bills of the CONTRACTOR,the OWNER shall be deemed the
agent of the CONTRACTOR, and any payment so made by the OWNER shall be
considered as a payment made under Contract by the OWNER to the CONTRACTOR
and the OWNER shall not be liable to the CONTRACTOR for any such payments
made in good faith. This provision shall not be construed to give rise to any third
party beneficiary rights in claimants.
46. CORRECTION OF WORK
All work, all materials, whether incorporated in the work or not, all processes of
manufacture and all methods of construction shall be at all times and places subject to the
inspection of the Architect/Engineer who shall be the final judge of the quality and
suitability of the work, materials, processes of manufacture and methods of construction
for the purposes for which they are used. Should they fail to meet his approval,they shall
be forthwith reconstructed, made good, replaced and/or corrected, as the case may be,by
the CONTRACTOR at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer,it is undesirable to replace any
defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation
to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the
judgement of the Architect/Engineer shall be equitable.
47. SUBSURFACE CONDITIONS FOUND DIFFERENT
Should the CONTRACTOR encounter subsurface and/or latent conditions at the site
materially differing from those shown on the Plans or indicated in the Specifications, he
shall immediately give notice to the Architect/Engineer of such conditions before they are
disturbed. The Architect/Engineer will thereupon promptly investigate the conditions
and, if he finds that they materially differ from those shown on the Plans or indicated in
the Specifications, he will at once make such changes in the Plans and/or Specifications
as he may find necessary, any increase or decrease of cost resulting from such changes to
be adjusted in the manner provided in Paragraph 49 of the General Conditions.
48. CLAIMS FOR EXTRA COST
No claim for extra work or cost shall be allowed unless the same was done pursuant to a
written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the
claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of Subparagraph 49(c) of the General Conditions, the
CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items
of cost and when requested by the OWNER, give the OWNER access to accounts relating
thereto.
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49. v BA1;GE I N W ORK
No changes in the work covered by the approved Contract Documents shall be made
without having prior written approval of the OWNER Charges or credit for the work
covered by the approved change shall be determined by one or more, or a combination of
the following methods:
a. Unit bid prices previously approved.
b. An agreed lump sum.
c. The actual cost of:
(1) Labor,including foreman;
(2) Materials entering permanently into the work;
(3) The ownership or rental cost of construction plant and equipment during the
time of use on the extra work;
(4) Power and consumable supplies for the operation of power equipment;
(5) Insurance;
(6) Social Security and old age unemployment contributions.
To the cost under(c.)there shall be added a fixed fee to be agreed upon but not to exceed
fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of
supervision,overhead,bond,profit and any other general expenses.
50. EXTRAS
Without invalidating the Contract, the OWNER may order extra work or make changes
by altering, adding to or deducting from the work, the Contract sum being adjusted
accordingly, and the consent of the Surety being first obtained where necessary or
desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the
proposal, and no claims for any extra work or materials shall be allowed unless the work
is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the
OWNER, and the price is stated in such order.
51. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between the CONTRACTOR and the
OWNER, that the date of beginning and the time for completion as specified in the
Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this
Contract; and it is further mutually understood and agreed that the work embraced in this
Contract shall be commenced on a date to be specified in the "Notice to Proceed".
The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and
without interruption at such rate of progress as will insure full completion thereof within
the time specified. It is expressly understood and agreed, by and between the
CONTRACTOR and the OWNER, that the time for the completion of the work described
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herein is a reasonable time. fpr the comnletio:1 zonae, taking into consideration the
average climatic range and usual industrial conditions prevailing in thislocality.
if the said CONTRACTOR shall neglect, fail or refuse to complete the work within the
time herein specified, or any proper extension thereof granted by the OWNER, then the
CONTRACTOR does hereby agree, as a part consideration for the awarding of this
Contract,to pay to the OWNER the amount specified in the Contract,not as a penalty,but
as liquidated damages for such breach of Contract as hereinafter set forth, for each and
every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and
Federal, State, and City holidays and that the CONTRACTOR shall be in default after the
time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the CONTRACTOR and the
OWNER because of the impracticability and extreme difficulty of fixing and ascertaining
the actual damages the OWNER would in such event sustain, and said amount is agreed
to be the amount of damages which the OWNER would sustain and said amount shall be
retained from time to time by the OWNER from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract
and of the Specifications wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where under the Contract an additional time is
allowed for the completion of any work, the new time limit fixed by such extension shall
be of the essence of this Contract. Provided, that the CONTRACTOR shall not be
charged with any part of liquidated damages or any excess cost when the OWNER
determines that any part of liquidated damages was not the fault of the CONTRACTOR
and the OWNER determines that the request for extension by the CONTRACTOR is
justified and due to:
a. Any preference,priority or allocation order duly issued by the government;
b. The following unforeseeable causes, namely: acts of the public enemy, acts of the
OWNER, acts of another CONTRACTOR in the performance of a Contract with the
OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
earthquakes, hurricanes and tornadoes; and rainy days claimed by the
CONTRACTOR;however,rainy days shall be considered only if the CONTRACTOR
notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot
work because of rainy weather that day. Failure to so report will eliminate any claim
for time extension because of rainy weather on that day.
c. Rainy weather when 60 percent of his work force cannot work for seven(7)hours or
more that day because of rainy weather and providing that he has complied with the
condition under 51(b).
d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified
in Subsections (a.) and(b.) of this Article.
It is also agreed that for each five (5) regular days of work lost due to any of the
foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4
F-16
calendar days added for each one (l) r J laa day o` los ) r act onal salenJai dl/
.
will be rounded to th nearest whole number of days.
Provided, further, that the CONTRACTOR shall, within ten (10) days from 1th beginning
of such delay, unless the OWNER shall grant a further period of time prior to the date of
final settlement of the Contract, notify the OWNER, in writing, of the causes of delay,
who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within
reasonable time of its decision in the matter.
Provided, that this provision for liquidated damages shall be cumulative of and not in
limitation of any other remedy available to OWNER,including, without limitation, the
right to terminate as provided in Paragraph 3 and to recover additional damages for any
excess cost in otherwise completing the work.
52. WEATHER CONDITIONS
In the event of temporary suspension of work, or during inclement weather, or whenever
the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his
Subcontractors to, protect carefully his, and their, work and materials against damage or
injury from the weather. If, in the opinion of the Architect/Engineer, any work or
materials shall have been damaged or injured by reason of failure on the part of the
CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall
be removed and replaced at the expense of the CONTRACTOR.
53. PROTECTION OF WORK AND PROPERTY v EMERGENCY
The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or
loss in connection with this Contract. He shall at all times safely guard and protect his
own work, and that of adjacent property, from damage. The CONTRACTOR shall
replace or make good any such damage, loss or injury unless such be caused directly by
errors contained in the Contract or by the OWNER, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property and/or safety of life,
the CONTRACTOR will be allowed to act, without previous instructions from the
Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer
immediately thereafter. Any claim for compensation by the CONTRACTOR due to such
extra work shall be promptly submitted to the Architect/Engineer for approval.
Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of
an emergency threatening injury to persons or damage to the work or any adjoining
property,he shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the CONTRACTOR on account of any
emergency action shall be determined in the manner provided in Paragraph 49 of the
General Conditions.
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54. INSPECTION
The authorized representatives and agents of the OWNER shall be peuuitted to inspect all
work, materials, payrolls, records of persoi�nel, invoices of materials and other relevant
data and records.
55. SUPERINTENDENCE BY CONTRACTOR
At the site of the work,the CONTRACTOR shall employ a construction superintendent or
foreman who shall have full authority to act for the CONTRACTOR. It is understood that
such representative shall be acceptable to the Architect/Engineer and shall be one who
can be continued in the capacity for the particular job involved unless he ceases to be on
the CONTRACTOR'S payroll.
56. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to
laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work
covered by the Contract,the OWNER, in addition to such other rights as may be afforded
it under this Contract, shall withhold from the CONTRACTOR, out of any payments due
the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such
laborers or mechanics the full amount of wages required by this Contract. The amount so
withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or
the Subcontractor (as may be appropriate), to the respective laborers or mechanics to
whom the same is due or on their behalf to Plans, funds or programs for any type of
fringe benefit prescribed in the applicable wage determination.
57. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen (16) years and no person who, at the time, is serving
sentence in a penal or correctional institution shall be employed on the work covered by
this Contract.
58. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN
AFORESAID WAGE DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage determination and
which is to be employed under the Contract will be classified or reclassified conformably .
to the wage determination by the OWNER.
59. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The OWNER shall require, whenever the minimum wage rate prescribed in the Contract
for a class of laborers or mechanics includes a fringe benefit which is not expressed as an
hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a
fringe benefit,an hourly cash equivalent thereof to be established.
F-I 8
60.. POSTING WA GE DEJ`ERMTh - TION DE CFA ONS AND AUTHORIZED
WAGE DEDUCTIONS
The applicable wage poster and the applicable wage determination decisions,with respect
to the various classification of laborers and mechanics employed and to be employed
upon the work covered by this Contract, and a statement showing all deductions, if any,
in accordance with the provisions of this Contract, to be made from wages actually
earned by persons so employed or to be employed in such classifications, shall be posted
at appropriate conspicuous points at the site of the work.
61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner discriminated
against by the CONTRACTOR or any Subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable
under this Contract to his employer.
62. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and
mechanics employed upon the work covered by this Contract shall be promptly reported
by the CONTRACTOR in writing to the OWNER for referral by the latter.
63. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTORS
The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms
satisfactory to and in accordance with instructions to be furnished by the OWNER. The
payrolls and basic payroll records of the CONTRACTOR and each Subcontractor
covering all laborers and mechanics employed upon the work covered by this Contract
shall be maintained during the course of the work and preserved for a period of three(3).
years thereafter. Such payrolls and basic payroll records shall contain the name and
address of each employee, his correct classification, rate of pay (including rates of
contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-
Bacon Act), daily and weekly number of hours worked, deductions made and actual
wages paid. The CONTRACTOR and each Subcontractor shall make his employment
records, with respect to persons employed by him upon the work covered by this
Contract, available for inspection by authorized representatives of the OWNER. Such
representative shall be permitted to interview employees of the CONTRACTOR of any
Subcontractors during working hours on the job.
64. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY
EMPLOYEES
The transporting of material and supplies to or from the site of the project or program to
which the Contract pertains by the employees of the CONTRACTOR or of any
Subcontractor and the manufacturing or furnishing of materials, articles, supplies or
equipment on the site of the project or program to which this Contract pertains by persons
F-19
employed by the CONTRACTOR or n" Subcontractor, shall, for the purposes of this
3
Co ira.ct and without limiting t` � e �Tgli tyi of the foregoing rG�13io�J of this ont_at"t,
shall be deemed to be work to which the wage provisions of this Contract are applicable.
65. INELIGIBLE SUBCONTRACTORS
The CONTRACTOR shall not subcontract any part of the work covered by this Contract
or permit subcontracted work to be further subcontracted without the OWNER'S prior
written approval of the Subcontractor.
66. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The CONTRACTOR shall include or cause to be included in each subcontract covering
any of the work covered by this Contract, provisions which are consistent with these
wage provisions and also a clause requiring the Subcontractors to include such provisions
in any lower tier Subcontractors which they may enter into, together with a clause
requiring such insertion in any further Subcontracts that may in turn be made.
67. BREACH OF FOREGOING WAGE STANDARDS AND RATES
PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set forth,the
OWNER reserves the right to terminate this Contract if the CONTRACTOR or any
Subcontractor, whose Subcontractor covers any of the work covered by this Contract,
shall breach any of these wage standards and rates provisions.
68. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Contract,the CONTRACTOR agrees as follows:
(a) The CONTRACTOR shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The
CONTRACTOR shall take affirmative action to ensure that applicants for
employment are employed and that employees are treated during employment
without regard to their race, color, religion, sex or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
The CONTRACTOR agrees to post in conspicuous places available to employees and
applicant for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(b) The CONTRACTOR will, in all solicitations or advertisements for employees placed
by or on behalf of the CONTRACTOR, state that all qualified applicants will receive
consideration for employment without regard to race, religion, sex, color or national
origin.
(c) The CONTRACTOR will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other Contract or understanding, a
notice to be provided advising the labor union or workers representative of the
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CONTRACTOR'S oomn?itim:,.:_ts under Section ';)C2 of Executive Order No. 11 746 of
e e r 24 7 shall post the notice n conspicuous places
pt mbe_ � , 19�w, any s :.l pc,s. copies o:� the
to employees and applicants for employment.
(d) The CONTRACTOR will comply with all provisions of Executive Order No. 11246
of September 24, 1965, and of the rules and regulations and relevant orders of the
Secretary of Labor.
(e) The CONTRACTOR will furnish all infoiination and reports required by Executive
Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the Department of Housing and Urban Development and
the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules,regulations and orders.
(f) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination
clauses of this Contract or with any of such rules,regulations or orders, this Contract
may be cancelled, terminated or suspended in whole or in part, and the
CONTRACTOR may be declared ineligible for further government Contracts or
federally-assisted construction Contracts, in accordance with procedures authorized
in Executive Order No. 11246 of September 24, 1965, and such other sanctions may
be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as
otherwise provided by law.
(g) The CONTRACTOR will include the provisions or Paragraphs (a) through (g) in
every Subcontract or purchase order unless exempted by rules, regulations or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, so that such provisions will be binding upon each
Subcontractor or purchase order as the Department of Housing and Urban
Development may direct as a means of enforcing such provisions, including
sanctions for non-compliance: provided, however, that in the event the
CONTRACTOR becomes involved in, or is threatened with, litigation with a
Subcontractor or vendor as a result of such direction by the Department of Housing
and Urban Development, the CONTRACTOR may request the United States to enter
into litigation to protect the interests of the United States.
•
69. CIVIL RIGHTS ACT OF 1964
Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil Statues
of Texas, no person shall, on the ground of race, color, national origin, sex, age or
handicap, be excluded from participation in, be denied the benefits of or be subjected to
discrimination under any program or activity of the City.
70. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS
The Contract Documents are complementary and what is called for by one shall be as
binding as if called for by all. In case of a conflict between any of the Contract
Documents, priority of interpretation shall be in the following order: Signed Agreement
(including General Conditions), Performance Bond, Payment Bond, special Bonds (if
F-2l
any), P,o,o3a_, Special Co;,jid:;ns (including In._,)Llpia__,;n io .Bidders.), Adyertiserilelits
for Bids, Detailed Draw nvs, SpeciFic ..1wr_:3, General Drawings (Plans) and
Supplemental General Conditions.
71. .INDEMNIFIC ATION
The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the
Engineer and their respective officers, agents, and employees, from and against all
damages, claims, losses, demands, suits, judgements, and costs, including reasonable
attorney's fees and expenses arising out of or resulting from the performance of the work,
provided that any such damages, claim, loss,demand, suit,judgement,cost or expense:
(a) Is attributable to bodily injury, sickness, disease, or death or to injury to or
destruction of tangible property (other than the work itself) including the loss of use
resulting therefrom; and,
(b) Is caused in whole or in part by any negligent act or omission of the CONTRACTOR,
or Subcontractor, anyone directly or indirectly employed by anyone of them for
whose acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder.
The obligation of the CONTRACTOR under this Paragraph shall not extend to the
liability of the Engineer, his agents or employees arising out of the preparation or
approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications,
or the giving of or the failure to give directions or instructions by the Engineer,his agents
or employees,provided such giving or failure to give is the primary cause of the injury or
damage.
72. A.I.A. GENERAL CONDITIONS
The General Conditions of the Contract for Construction, A.I.A. Document A201, 1987
Edition, as amended by current edition, of the American Institute of Architects,
consisting of fourteen (14) Articles, Pages numbered 1 through 19, is hereby made a part
of the Contract Documents of this project.
Such A.I.A. General Conditions are cumulative to these General Conditions, but where
any provision of said A.I.A. General Conditions are inconsistent or in conflict with these
General Conditions, then these General Conditions shall prevail.
All references to arbitration in said A.I.A. General Conditions are deleted and of no force
and effect for purposes of this Contract. Further, Subdivisions 2.2.3 and 2.2.4 of said
A.I.A. General Conditions are deleted and of no force and effect for purposes of this
Contract.
Article 1.3 (Ownership and Use of Documents) of the A.I.A. General Conditions is
hereby deleted.
F-22
3. DELAYS
The CONTRACTOR shall receive no compensation for delays or hindrance•s to the work,
except when direct and unavoidable extra cost to the CONTRACTOR is caused by the
failure of the CITY to provide information or material, if any, which is to be furnished by
the City of Port Arthur, When such extra compensation is claimed, a written statement
thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found
correct, shall be approved and referred by him to the Council for final approval or
disapproval; and the action thereon by the Council shall be final and binding. If delay is
caused by specific orders given by the Engineers to stop work, or by the performance of
extra work, or by the failure of the City of Port Arthur, to provide material or necessary
instructions for carrying on the work, then such delay will entitle the CONTRACTOR to
an equivalent extension of time, his application for which shall, however, be subject to
the approval of the City of Port Arthur; and no such extension of time shall release the
CONTRACTOR or the Surety on his performance bond from all his obligations hereunder
which shall remain in full force until the discharge of the Contract.
74. MAINTENANCE OF WORK
If, after approval of final payment and prior to expiration of one (1) year after date of
Substantial Completion or such longer period as may be prescribed by law or by any
applicable special guarantee required by the Contract Documents, and work is found to
be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance
with the OWNER'S written instructions, correct such defective work. If CONTRACTOR
does not promptly comply with such instructions, OWNER may have such defective work
corrected and all direct and indirect costs of such removal and replacement, including
compensation for additional professional services, shall be paid by CONTRACTOR. The
provisions of this paragraph shall not limit the obligation of CONTRACTOR under
Paragraph 15 (Guarantee of Work) in any respect whatsoever, including the time period
of such Guarantee of Work provision in Paragraph 15 as will arise under the laws of the
State of Texas and such Paragraph 15 and without regard to the provisions of this
Paragraph (Maintenance of Work), nor shall this Paragraph (Maintenance of Work) be
construed to establish any period of limitations for any cause of action against
CONTRACTOR under the obligations of Paragraph 15.
75. ANTITRUST
CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated
with this Contract which arises under the antitrust laws of the United States, 15 U.S.C.A.
Sec. 1, et seq. (1973).
76. FEDERAL LABOR STANDARDS PROVISIONS
F-23
�d.> r,A, U.S. v pal ,o?Housing rid�UrbanDe ieiUt.munt
F. er al Labor Standards 'J''=lions L, L.i-
Applicabilty
The Project or Program to which the construction work not listed in the wage determination and which is to be
covered by his contract pertains is being assisted by the employed under the contract shall be classified in
United States of America and the following Federal Labor conformance with the wage determination. HUD shall
Standards Provisions are included in this Contract pursuant approve an additional
to the provisions applicable to such Federal assistance. classification and wage rate and fringe benefits therefore
only when the following criteria have been met:
A. 1.(i)Minimum Wages. All laborers and
mechanics employed or working upon the site of the work (1) The work to be performed by the classification
(or under the United States Housing Act of 1937 or under requested is not performed by a classification in the wage
the Housing Act of 1949 in the construction or determination;and
development of the project), will be paid unconditionally
and not less often than once a week, and without (2) The classification is utilized in the area by the
subsequent deduction or rebate on any account(except such construction industry;and
payroll deductions as are permitted by regulations issued by
the Secretary of Labor under the Copeland Act. (29 CFR (3) The proposed wage rate,including any bona fide
Part 3), the full amount of wages and bona fide fringe fringe benefits,bears a reasonable relationship to the wage
benefits (or cash equivalents thereof @ due at time of rates contained in the wage determination.
payment computed at rates not less than those contained in
the wage determination of the Secretary of Labor which is (b) If the contractor and the laborers and mechanics to be.
employed in the classification (if known), or their
attached hereto and made a part thereof; regardless of any representatives, and HUD or its designee agree on the
contractual relationship which may be alleged to exist classification and wage rate (including the amount
between the contractor and such laborers and mechanics. designated for fringe benefits where appropriate),a report
Contributions made or costs reasonably anticipated for of the action taken shall be sent by HUD or its designee to
bona fide fringe benefits under Section 1(b)(2) of the the Administrator of the Wage and Hour Division,
Davis-Bacon Act on behalf of laborers or mechanics are Employment Standards Administration,U.S.Department of
considered wages paid to such laborers or mechanics, Labor,Washington,D.C.20210. The Administrator,or an
subject to the provisions of 29 CFR-5.5(a)(1)(iv); also,
authorized representative, will approve, modify, or
regular contributions made or costs incurred for more than disapprove every additional classification action within 30
a weekly period (but not less often than quarterly) under days of receipt and so advise HUD or its designee or will
plans, funds, or programs, which cover the particular notify HUD or its designee within the 30-day period that
weekly period, are deemed to be constructively made or (Approved by the Office of
incurred during such weekly period. additional time is necessary. (App y
Management and Budget under OMB control number
Such laborers and mechanics shall be paid the appropriate
1215-0140.)
wage rate and fringe benefits on the wage determination for (c) In the event the contractor,the laborers or mechanics
the classification of work actually performed without to be employed in the classification or their representatives,
regard to skill,except as provided in 29 CFR Part 5.5(a)(4). and HUD or its designee do not agree on the proposed
Laborers or mechanics performing work in more than one classification and wage rate (including the amount
classification may be compensated at the rate specified for designated for fringe benefits,where appropriate),HUD or
each classification for the time actually worked therein: its designee shall refer the questions,including the views of
Provided,that the employer's payroll records accurately set all interested parties and the recommendation of HUD or its
forth the time spent in each classification in which work is designee, to the Administrator for determination. The
performed. The wage determination (including any Administrator,or an authorized representative, will issue a
additional classification and wage rates conformed under determination within 30 days of receipt and so advise HUD
29 CFR Part 5.5(a)(1)(ii)and the Davis Bacon poster(WH- or its designee or will notify HUD or its designee within
1321)shall be posted at all times by the contractor and its the 30 day period that additional time is necessary.
sub-contractors at the site of the work in a prominent and
(Approved by the Office of Management and Budget under
accessible, place where it can be easily seen by the OMB Control Number 1215-0140.)
workers.
(d) The Wage rate(including fringe benefits where
(II) (a) Any class of laborers or mechanics which is appropriate) determined pursuant to subparagraphs (1)(b)
F-24
Of (c) of this paragraph, shall be paid to ail `:Poi kes-s record's :.dadag .,to snail be ain:ained by the
performing work in the classification under this contract contractor du:nng the course of use work preserved for a
from the first day on which work is performed in the period of three years thereafter for all laborers and
classification. mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing
(11I) Whenever the minimum wage rate prescribed Act. Of 1949, in the construction or development of the
In the contract for a class of laborers or mechanics includes project). Such records shall contain the name,address,and
a fringe benefit which is not expressed as an hourly rate, social security number of each such worker, his or her
the contractor shall either pay the benefit as stated in the correct classification,hourly rates of wages paid(including
wage determination or shall pay another bona fide fringe rates of contribution or costs anticipated for bona fide
benefit or an hourly cash equivalent thereof. fringe benefits or cash equivalents thereof of the types
described in Section (b)(2)(B) of the Davis-bacon Act),
(iv) If the contractor does not make payments to a daily and weekly number of hours worked, deductions
trustee or other third person,the contractor may consider as made and actual wages paid. Whenever the Secretary of
part of the wages of any laborer or mechanic the amount of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages
any costs reasonably anticipated in providing bona fide of any laborer or mechanic include the amount of any
fringe benefits under a plan or program,Provided,That the costs reasonably anticipated in providing benefits under a
Secretary of Labor has found, upon the written request of plan or program described in Section 1(b)(2)(B) of the
the contractor, that the applicable standards of the Davis Davis-Bacon Act, the contractor shall maintain records
Bacon Act have been met. The Secretary of Labor may which show that the commitment to provide such benefits
require the contractor to set aside in a separate account is enforceable, that the plan or program is financially
assets for the meeting of obligations under the plan or responsible, and that the plan or program has been
program. (Approved by the Office of Management and communicated in writing to the laborers or mechanics
Budget under OMB Control Number 1215-0140.) affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
2. Withholding. HUD or its designee shall upon its own Contractors employing apprentices or trainees under
action or upon written request of an authorized approved programs shall maintain written evidence of the
representative of the Department of Labor withhold or registration of apprenticeship programs and certification of
cause to be withheld from the contractor under this contract trainee programs, the registration of the apprentices and
or any other Federal contract with the same prime trainees, and the ratios and wage rates described in the
contractor,or any other Federally-assisted contract subject applicable programs. (Approved by the Office of
to Davis-Bacon prevailing wage requirements, which is Management and Budget under OMB Control Numbers
held by the same prime contractor so much of the accrued
1215-0140 and 121500017.)
payments or advances as may be considered necessary to
pay laborers and mechanics,including apprentices,trainees (ii) (a) The contractor shall submit weekly for each week
and helpers, employed by the contractor or any in which any contract work is performed a copy of all
subcontractor the full amount of wages required by the payrolls to HUD or its designee if the agency is a party to
contractor in the event of failure to pay any laborer or the contract, but if the agency is not such a party, the
mechanic, including any apprentice, trainee or helper, contractor will submit the payrolls to the applicant sponsor,
employed or working on the site of the work(or under the or owner, as the case may be,for transmission to HUD or
United States Housing Act of 1937 or under the Housing its designee. The payrolls submitted shall set out accrately
Act of 1949 in the construction or development of the and completely all of the information required to be
project), all or part of the wages required by the contract, maintained under 29 CFR Part 5.5(a)(3)(I). This
HUD or its designee may, after written notice to the information may be submitted in any form desired.
contractor,sponsor,applicant,or owner,take such action as Optional Form WH-347 is available for this purpose and
may be necessary to cause the suspension of any further may be purchased from the Superintendent of Documents
payment, advance, or guarantee of funds until such (Federal Stock Number 029-005-00014-1), U.S.
violations have ceased. HUD or its designee may, after Government Printing Office,Washington,DC.20402. The
written notice to the contractor, disburse such amounts prime contractor is responsible for the submission of copies
withheld for and on account of the contractor or of payrolls by all subcontractors.(Approved by the Office
subcontractor to the respective employees to whom they are of Management and Budget under OMB Control Number
• due. The Comptroller General shall make such
1215-0149.)
disbursements in the case of direct Davis-Bacon Act
contracts. (b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
3. (i) Payrolls and basic records. Payrolls and basic
F-25
subcontractor - program +t...'Q Wit? the Li'zz Department a nt of Labcr;
toT Cl'his or her ng.l:i'�J;�C pays or �C�l i �� :?:, I' u - ii- Bureau and Tiainin� minict alica, Bureau �.f
payment of the persons em:1C"ei' under the ..CI,C.t-c;. and r. and Training,Cl with a State_,.;' "l.l....shtp
P'Y F � a�,;_,t'��,
shall certify the following: Apprenticeship g.
Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary
(1) That the payroll for the payroll period contains the employment as an apprentice in such an apprenticeship
information required to be maintained under 29 CFR Part program,who is not individually registered in the program,
5.5(a)(3)(i) and that such information is correct and but who has been certified by the Bureau of Apprenticeship
complete; and Training or a State Apprenticeship Agency (where
appropriate)to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
(2) That each laborer or mechanic(including each helper, journeymen on the job site in any craft classification shall
apprentice, and trainee) employed on the contract during not be greater than the ratio permitted to the contractor as
the payroll period has been paid the full weekly wages to the entire work force under the registered program.Any
earned,without rebate,either directly or indirectly,and that worker listed on a payroll at an apprentice wage rate,who
no deductions have been made either directly or indirectly is not registered or otherwise employed as stated above,
from the full wages earned, other than permissible shall be paid not less than the applicable wage rate on the
deductions as set forth in 29 CFR Part 3; 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
(3) That each laborer or mechanic has been paid not less registered program shall be paid not less than
than the applicable wage rates and fringe benefits or cash the applicable wage rate on the wage determination for the
equivalents for the classification of work performed, as actually performed. Where a contractor is performing
specified in the applicable wage determination incorporated
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
into the contract. (expressed in percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's registered
® The weekly submission of a properly executed program shall be observed. Every apprentice must be paid
certification set forth on the reverse side of Optional Form at not less than the rate specified in the registered program
WH-347 shall satisfy the requirement for submission of the for the apprentice's level of progress expressed as a
"Statement of Compliance" required by paragraph percentage of the journeymen hourly rate specified in
benefits in accordance with the provisions of the
A.3.(ii)(b)of this section. apprenticeship program. If the apprenticeship program
does not specify fringe benefits,the wage determination for
(d) The falsification of any of the above certifications the applicable classification. If the Administrator
may subject the contractor or subcontractor to civil or determines that a different practice prevails for the
criminal prosecution under Section 1001 of Title 18 and applicable apprentice classification,fringes shall be paid in
Section 231 of Title 31 of the United States Code. accordance with the determination. In the event the Bureau
of Apprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of
(iii) The contractor or subcontractor shall make the an apprenticeship program,the contractor will no longer be
records.required under paragraph A.3.(I) of this section permitted to utilize apprentices at less than the applicable
available for inspection, copying, or transcription by predetermined rate for the work performed until an
authorized representatives of HUD or its designee or the acceptable program is approved.
Department of Labor,and shall permit such representatives
(ii) Trainees. Except as provided in 29 CFR 5.16,trainees
to interview employees during working hours on the job. If will not be permitted to work at less than the predetermined
the contractor or subcontractor fails to submit the required rate for the work performed unless they are employed
records or to make them available, HUD or its designee pursuant to and individually registered in a program which
may, after written notice to the contractor, sponsor, has received prior approval, evidenced by formal
applicant or owner,take such action as may be necessary to certification by the U.S.Department of Labor,Employment
cause the suspension of any further payment advance, or and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than
guarantee of funds. Furthermore failure to submit the permitted under the plan approved by the Employment and
required records upon request or to make such records Training Administration. Every trainee must be paid at not
available maybe grounds for debarment action pursuant to less than the rate specified in the approved program for the
29 CFR Part 5.12. trainee's level of progress,expressed as a percentage of the
journeyman hourly rate specified in the applicable wage
(Apprentices and Trainees. determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If
(4) Apprentices. Apprentices will be permitted to work at the trainee program does not mention fringe benefits,
less than the predetermined rate for the work they trainees shall be paid the full amount of fringe benefits
performed when they are employed pursuant to and listed on the wage determination unless the Administrator
individually registered in a bona fide apprenticeship of the Wage and Hour Division determines that there is an
F-26
apprenticeship program diS;� ?ti" with the .rr Si;ii;a l%g 10. ll certfiont1on of By entering'n c ds L
journeyman wage rate on the wage determination which cent: et the contractor certifies that neither It ;nor he of
provides for less than full fringe benefits for apprentices. she) nor any person or firm who has an interest in the
Any employee listed on the payroll at a trainee rte who is
not registered and participating in a training plan appro ved contractor's firm is a person or firm ineligible to be
by the Employment and Training Administration shall be awarded Government contracts by virtue of Section 3(a)of
paid not less than the applicable wage rate on the wage the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
determination for the work actually performed. In addition, awarded HUD contracts or participate in HUD programs
any trainee performing work on the job site in excess of the pursuant to 24 CFR Part 24.
ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In the (ii) No part of this contract shall be subcontracted
event the Employment and Training Administration to or firm ineligible for award of a Government contract by
withdraws approval of a training program the contractor virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR
will no longer be permitted to utilize trainees at less than 5.12(a)(I)or to be awarded HUD contracts or participate
the applicable predetermined rate for the work performed in HUD programs pursuant to 24 CFR Part 24.
until an acceptable program is approved.
(ii) Equal employment opportunity.The utilization of (iii) The penalty for making false statements is prescribed
apprentices,trainees and journeymen under this part shall in the U.S.Criminal Code, 18 U.S.C. 1001. Additionally,
be in conformity with the equal employment requirements U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.
of Executive Order 11246, as amended, and 29 CFR Part "Federal Housing Administration transaction",provides in
30. in part: "Whoever, for the purpose of. . . influencing in
5. Compliance with Copeland Act requirements. The any way the action of such Administration makes,
contractor shall comply with the requirements of 29 CFR utters or publishers any statement knowing the same to be
Part 3 which are incorporated by reference in this contract. false.....shall be fined not more than$5,000 or imprisoned
not more than two years,or both."
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in 29 CFR 11. Complaints,Proceedings,or Testimony by
5.5(a)(1)through(10)and such other clauses as HUD or its Employees. No laborer or mechanic to whom the wage,
designee may be appropriate instructions require,and also a salary, or other labor standards provisions of this Contract
clause requiring the subcontractors to include these clauses are applicable shall be discharged or in any other manner
in any lower tier subcontracts. The prime contractor shall discriminated against by the Contractor or any
be responsible for the compliance by any subcontractor or subcontractor because such employee has filed any
lower tier subcontractor with all the contract clauses in 29 complaint or instituted or caused to be instituted any
CFR Part 5.5. proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
7. Contract termination; debarment. A breach of the applicable under this Contract to his employer.
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a B. Contract Work Hours and Safety Standards Act. As
contractor and a subcontractor as provided in 29 CFR 5.12. used in this paragraph the terms "laborers" and
"mechanics"include watchmen and guards.
8. Compliance with Davis-Bacon and Related Act
Requirements. All rulings and interpretations of the (1) Overtime requirements. No contractor or sub-
Davis-Bacon and Related Acts contained in 29 CFR Parts contractor contracting for any part of the contract work
1, 3, and 5 are herein incorporated by reference in this which may require or involve the employment of laborers
contract. or mechanics shall require or permit any such laborer or
mechanic in any work week in which he or she is employed
9. Disputes concerning labor standards. Disputes arising on such work to work in excess of eight hours in such work
out of the labor standards provisions of this contract shall week unless such laborer or mechanic receives
not be subject to the general disputes clauses of this compensation at a rate of pay for all hours worked in
contract. Such disputes shall be resolved in accordance excess of eight hours in any calendar day or in excess of
with the procedures of the Department of Labor set forth in forty hours in such workweek,whichever is greater.
29 CFR Parts 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the contractor(or any (2) Violation;liability for unpaid wages;liquidated
of its subcontractors) and HUD or its designee, the U.S. damages. In the event of any violation of the clause set
Department of Labor, or the employees or their forth in subparagraph (1) of this paragraph, the contractor
representatives. and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
F-27
subcontractor shall be liable to the =United States is n the insert in any subcontracts the .:luuces set forth in
case of work done under contract for the District of subparagraph(1) through (4) of this paragraph and also a
Columbia or a territory, to such District or to such clause requiring the subcontractors to include these clauses
territory), for liquidated damages. Such liquidated in any lower tier subcontract. The prime contractor shall
damages shall be computed with respect to each individual be responsible for compliance by any subcontractor or
laborer or mechanic, including watchmen and guards, owner tier subcontractor with the clauses set forth in
employed in violation of the clause set forth in subparagraphs(1)through(4)of this paragraph.
subparagraph (1) of this paragraph, in the sum of$10 for
each calendar day on which such individual was required or C. Health and Safety
permitted to work in excess of eight hours or in excess of
the standard workweek of forty hours without payment of (1) No laborer or mechanic shall be required to work in
the overtime wages required by the clause set forth in sub surroundings or under working conditions which are
paragraph(1)of this paragraph. unsanitary,hazardous,or dangerous to his health and safety
as determined under construction safety and health
(3) Withholding for unpaid wages and liquidated standards promulgated by the Secretary of Labor by
damages. HUD or its designee shall upon its own action or regulation.
upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, (2) The Contractor shall comply with all regulations
from any moneys payable on account of work performed issued by the Secretary of Labor pursuant to Title 29 Part
by the contractor or subcontractor under any such contract 1926(formerly part 1518)and failure to comply may result
or any other Federal contract with the same prime contract, in imposition of sanctions pursuant to the Contract Work
or any other Federally-assisted contract subject to the Hours and Safety Standards Act. (Public Law 91-54, 83
Contract Work Hours and Safety Standards Act which is Stat 96).
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such (3) The Contractor shall include the provisions of this
contractor or subcontractor for unpaid wages and liquidated Article in every subcontract so that such provisions will be
damages as provided in the clause set forth in paragraph(2) binding on each subcontractor. The Contractor shall take
of this paragraph. such action with respect to any subcontract as the Secretary
of Housing and Urban Development or the Secretary of
(4) Subcontracts. The contractor or subcontractor shall Labor shall direct as a means of enforcing such provisions.
77. DELAY, DISRUPTION OR OTHER CLAIMS
Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based
on a written notice delivered to the City of Port Arthur, and to the ENGINEER promptly
(but in no case later than ten [10] calendar days) after the occurrence of the event giving
rise to the claim and stating the general nature of the claim. Within ten (10) calendar
days of delivering said notice, the CONTRACTOR shall deliver to the City of Port
Arthur, and to the ENGINEER notice of the amount of the claim and specific and detailed
support documentation and data on the impact claimed. Further, the CONTRACTOR
shall furnish on a continuing basis all of the documents that in any way are purported to
support the damages, costs, expenses and impact of the claim event. The
CONTRACTOR'S failure to fully comply with any of these requirements with respect to
any claim shall constitute a complete and final waiver of said claim.
F-28
<au ° . SECTION G
LABOR LASSIFICA O A D , 11IIN1MUM WAGE SCALE
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE •
A. GE ��RAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd
Legislature Acts of 1933, Page 91, Chapter 45, provides that any government subdivision
shall ascertain the general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craft or type of workman or mechanic and shall specify
in the call for bids and in the Contact the prevailing rate of per diem wages which shall
be paid for each craft type of workman . This Article further provides that the
CONTRACTOR shall forfeit, as a penalty, to the City, County, or State, or other political
subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic
who is not paid the stipulated wage for the type of work performed by him as set up on
the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after
full investigation by the awarding body, the amount of this penalty in any payment that
might be claimed by the CONTRACTOR or Subcontractor. The Act makes the
CONTRACTOR responsible for the acts of the Subcontractor in this respect.
The Article likewise requires that the CONTRACTOR and Subcontractor keep an
accurate record of the names and occupations of all persons employed by him and show
the actual per diem wages paid to each worker, and these records are open to the
inspection of the OWNER.
B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto.
G-1
LABOR CLASSIFICATION z-OD :MINIMUM WAGE SCALE
General Decision Number: TX140079 01/03/2014 TX79
Superseded General Decision Number: TX20130079
State: .Texas
Construction Type: Heavy
Counties: Hardin, Jefferson and Orange Counties in Texas.
HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines
and Excluding Industrial and Processing Plants, and Refineries)
Modification Number Publication Date
0 01/03/2014
* ELEC0479-003 12/31/2012
Rates Fringes
ELECTRICIAN $ 26.00 11. 42
SUTX2000-002 02/11/2000
Rates Fringes
Carpenters:
Form Building/Form Setting . .$ 13.15
All Other Work $ 13.56
Concrete Finisher $ 13.50
Laborers:
Common $ 7 .41
Pipelayer $ 8.29
Painters: $ 12.07
Spray and Brush
PILEDRIVERMAN $ 13.65
PLUMBER $ 18.28 4.69
Power equipment operators:
Backhoe . .$ 15.55 1.89
Bulldozer . . . .$ 15.00
Crane $ 13.77
Front End Loader $ 10.63 •
Trackhoe ... $ 15.60
Truck drivers:
Dump $ 10 .00
G-2
WELDERS - Receive rate pre,-cribed for cram ertormin:7
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four-digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e. ,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
0000/9999: weighted union wage rates will be published annually
each January.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
G-3
as a General Wage De termination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor •
200 Constitution Avenue, N.W.
G4
Washington, ACC 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
G-5
'� 'Yfy. _ i �s%� /+�^ =�...
' � SUPPLEMENTA GEI E L 40N. I Cfr5
SUPPLE-MENTAL CONDITIONS OF THE AGREEMENT - PART A
A. NAME AND LOCATION pL PROJECT, i (Af iE AND LOCATION OF
PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled:
Pleasure Island Marina Paving Rehabi itatiom
B. DESCRIPTION OF WORK.
Contractor shall furnish all materials, appliances,tools, equipment,transportation,services,
and all labor and superintendence necessary for the construction of work as described in
these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general,
consists of construction of Pleasure Island Marina Paving Rehabilitation. The
completed installation shall not lack any part which can be reasonably implied as necessary
to its proper functioning or any subsidiary item which is customarily furnished, and the
Contractor shall deliver the installation to the OWNER in operating condition.
C. PLANS.
Sheet No. Title
T1 TitleSheet
Cl Dimensional Site Plan
C2 Topo Survey&Erosion Control
C3 Grading Plan
C4 City Sidewalk&Driveway Detail
D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS
listed in Paragraph C. above, is included in items of BID for which unit prices are shown,
and these prices shall be basis of payment.
E. OTHER CONTRACTS. Other construction may be underway concurrently in this area.
Contractor shall afford utility companies and other Contractors reasonable opportunity for
introduction and storage of their material and execution of their work. All work under this
Contract must be properly connected and coordinated with that constructed by others.
F. SEQUENCE OF WORK. Port Arthur Economic Development Corporation reserves the
right to schedule sequence of construction.
G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow
describe general requirements. When necessary, Special Provisions are inserted to describe
additional requirements applicable to this Contract. Special Provisions are to be used in
conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between
requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item,
the requirements as set forth in the Special Provisions shall govern.
H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have
been established for Supplemental Items shown in SECTION D - BID. The Contractor may
not bid a unit price less than the minimum value; however, he may increase the minimum
unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall
apply.
H-lA
tr h. __ -1 fl tires, -1 electric ; as directed by h
The Contractor shall pro-vide;_jam J�Li`_.tl!1i.;], t1_�f"=v�., and v1'+i._l�d� b.lni�v;J as �:i!.... v 1.�� tt.e
Engineer. Barricades and appurtenances shall be approved by the Inspector daily,before the
..1 u.l CeS :il_c`�.1 �
Contractor leaves the job for the day. Barricades shall_ be provided and installed in
accordance with the Texas Manual of Uniform Traffic Control.
Between sunset and sunrise, and at all times construction operations are not in progress,the
Contractor is required to provide the Owner and the Engineer with appropriate after hours
and emergency phone numbers whereby the Contractor representative can be reached. The
Contractor is required to maintain in a proper position and condition all barricades, warning
and directing signs, lights and flags, and to respond promptly when said maintenance is
requested.
Safety and Traffic Control is considered incidental to the work and shall be included in the
Unit Price Bid for the various bid items.
I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities
constructed and keep accurate records of location (horizontal and vertical) of all facilities.
On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked
with red pencil to show as-built dimensions and location of all work constructed.
J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments
consisting of right-of-way markers and horizontal and vertical control monuments in the
vicinity of the project. All monuments destroyed during construction shall be replaced by
the Owner and the Contractor shall pay all costs involved in restaking.
H-2A
SUPPLEMENTAL GENERAL CONDITIONS - PART B
A. TECHNIC AL SPECIFICATIONS
1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined
type and include incomplete sentences. The omission of words or phrases such as
"Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS",
"according to PLANS", "a", "an", "the", and "all", axe intentional. Omitted words or
phrases shall be supplied by inference in same natter as they are when a "note"
occurs on PLANS.
2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall
provide all items, articles, materials, operation or methods listed, mentioned, or
scheduled. either on PLANS or specified herein, or both, including all labor,
materials, equipment, and incidentals necessary or required for their completion.
3. Whenever the words "approved", "satisfactory", "designated", "submitted",
"observed", or similar words or phrases are used,it shall be assumed that the word
"Engineer" follows the verb as the object of the clause, such as "approved by
Engineer".
4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's
installation directions shall mean the latest edition thereof.
5. Referenced to technical society, organization, or body is made in TECHNICAL
SPECIFICATIONS in accordance with following abbreviations:
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ASTM American Society for Testing and Materials
AWWA American Waterworks Association
FS Federal Specifications
PCA Portland Cement Association
IEEE Institute of Electrical and Electronic Engineers
NEC National Electric Code
UL Underwriters'Laboratories
AISI American Iron and Steel Institute
API American Petroleum Institute
IPCEA Insulated Power Cable Engineers Association
NEMA National Electrical Manufacturers Association
AWS American Welding Society
PCI Prestressed Concrete Institute
AISC American Institute of Steel Construction
ANSI American National Standards Institute (Formerly ASA)
H-I B
6. Some TECHNICAL 3 PEC ACA 1 IiDN. items CO c‘1" COnStr Lietlorl r lui em'dnts an
materials in comprehensive manner) and only pertinent portions of these items
apply.
B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which
work is to be done, rights-of-way for access to same, and such other lands which are
designated for use by Contractor. Contractor provides,at his expense and without liability
of Owner, any additional land and access thereto that may be required for his construction
operations,temporary construction facilities, or for storage of materials.
C. LINES AND GRADES. From benchmarks and horizontal control references
established by Engineer, stake out work, establish elevations, and assume responsibility
for correctness of installation as to location and grade. Engineer will establish
benchmarks and references for horizontal control on various projects as follows:
1. One Structure at Site. Benchmark and reference hubs at two corners of structure.
2. Two or More Structures. Benchmark and base line at site.
3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs
at manholes and on line at intervals not exceeding 200 feet.
4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and
benchmarks at intervals not exceeding 2,000 feet.
5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at
the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet.
Benchmarks at intervals not exceeding 2,000 feet.
6. Engineer will set stakes one time only.. Contractor must satisfy himself, before
commencing work, as to meaning or correctness of all stakes or marks,and no claim
will be entertained for or on account of any alleged inaccuracies, or for alterations
subsequently rendered necessary on account of such alleged inaccuracies, unless
Contractor notifies Engineer in writing before commencing to work thereon.
Contractor is to protect stakes and pay all costs involved in any restaking. Stakes,
as described above, will be furnished as required by Contractor within 48 hours
after written notification to Engineer by Contractor on stake-out request forms
provided by Engineer. Contractor to have a representative on job at time field party
begins work.
D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities
necessary for construction at no additional cost to Owner unless otherwise specified in
preceding Special Provision.
E. MATERIALS TESTING. Owner provides first tests of materials unless otherwise
specified. Subsequent tests at Contractor's expense. Notify Engineer prior to
H-2B
manufacture or fabrication of items so that observation.may be accomplished and furnish
field samples of materials of Engineer for testing.
F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical
work, and piping shown on PLANS for items of equipment may be changed if necessary
to accommodate equipment furnished. Every effort has been made to design foundations,
structural supports, electrical work, and piping to that no changes will be necessary;
however, exact dimensions and size of subject foundations and structural supports and
exact electrical and piping installations cannot be finally determined until various items
of equipment are purchased and manufacturer's certified shop drawings are secured.
Make changes,after prior consultation with Engineer,at no cost to Owner.
If substitute items of equipment are authorized which vary materially from those shown
on PLANS, prepare equipment data and detailed drawings covering necessary
modifications and submit to Engineer for approval. Make drawings same size as Contract
PLANS and of comparable quality. Make payment of charges resulting from
modifications,including engineering charges for checking modifications.
G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of
Contractor, submit design calculations and detail drawings covering proposed changes
and related modifications of Contract PLANS to Engineer for review. Make drawings
same size as Contract PLANS and of comparable quality. Make payment of charges
resulting from modifications, including engineering charges for checking such designs.
H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings,
schedules, and data sheets covering items of construction and equipment listed below:
1. Structural and miscellaneous steel and steel tanks.
2. Architectural products.
3. Reinforcing steel
4. Prestressed reinforced concrete members.
5. Reinforced concrete pressure pipe.
6. Mechanical equipment, including valves and sluice gates.
7. Electrical equipment, including instruments.
8. Special items, as directed.
Contractor will check and approve shop drawings for compliance with requirements of
Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any
drawings submitted without Contractor's stamp of approval will not be considered and
will be returned to him for proper submission.
Engineer will pass promptly upon drawings submitted, noting necessary corrections or
revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are
acceptable to Engineer as being in conformance with design concept of project and for
H-3B
compliance with information given t. : the Contract Documents. Such procedure Snail not
be considered cause for delay. Acceptance of drawings by Engineer does not relieve
Contractor of any requirements of terms of Contract.
OPERATION AND MAINTENANCE MANUALS. Operation and maintenance
manuals are to be provided where required by Specification Item.
1. Contractor to be responsible for obtaining installation, operation, and maintenance
manuals from manufacturers and suppliers for equipment furnished under the
contract. Submit three (3) copies of each complete manual to the Engineer within
ninety(90) days after approval of shop drawings,product data,and samples,and not
later than the date of shipment of each item of equipment to the project site or
storage location.
2. Operations and maintenance manuals specified hereinafter are in addition to any
operation, maintenance, or installation instructions required by the Contractor to
install,test, and start up equipment.
3. Each manual to be bound in a folder and labeled to identify the contents and project
to which it applies.
4. The manual is to contain the following:
(a) An 8'/2-inch x 11-inch typewritten sheet listing the manufacturer's
identification, including order number, model, and serial number and location
of parts and service centers.
(b) A separate 81/2-inch x 11-inch typewritten list of recommended stock of parts,
including part number and quantity.
(c) Complete replacement parts list.
(d) Performance data and rating tables.
(e) Specific instructions for installation, operation,adjustment,and maintenance.
J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit,
in acceptable form, schedule showing subdivision of Contract into various items of
permanent construction, stating quantities and prices, as basis for computing value to
Owner of permanent usable parts of facility to be paid for on monthly estimates. No
payment will be made to Contractor until such schedule has been submitted and
approved.
K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract,
submit in acceptable form, anticipated progress schedule covering work to be performed.
H-4B
L GIJAR.INTEES. Oulra tee work, including equipment installed, to be free from
defects due to faulty workmanship or materials for period of one year from date of issue
of Certificate of Acceptance. Upon notice from Owner,repair defects in all construction
which develop during specified period at no cost to Owner. Neither final acceptance nor
final payment nor any provision in Contract Documents relieves Contractor of above
guarantee. Notice of observed defects will be given with reasonable promptness. Failure
to repair or replace defect upon notice entitles Owner to repair or replace same and
recover reasonable cost thereof from Contractor and/or his Surety.
M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during
construction to keep them reasonably neat and free of trash,rubbish, and other debris. In
clean-up operations, remove from sites of work and from public and private property,
temporary structures, rubbish, and waste materials. Dispose of excavated materials.
beyond that needed to bring site to elevations shown. During final clean-up, any road
constructed by Contractor for access to construction site to be leveled and ruts filled so
that natural surface drainage is not hindered.
N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and
equipment of domestic manufacture unless otherwise designated. Store these materials
and equipment in manner to protect them from damages. Manner of protection subject to
specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials
found on site of work, or dismantled by reason of construction, remain property of
Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing
market price, for usable materials that are damaged through negligence.
O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing
storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other
underground structures. Determine location of these installations in way of construction
by referring to available records, consulting appropriate municipal departments and utility
owners, and by making necessary exploration and excavations.
P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing
utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe,
immediately notify Engineer, who without delay, will determine whenever existing
improvements are to be relocated, or grade and alignment of pipe changed. Where
necessary to move services, poles, guy wires, pipelines, or other obstructions, make
arrangements with owners of utilities. Owner will not be liable for damages on account
of delays due to changes made by owners of privately owned utilities which hinder
progress of work.
Q. PROTECTION AND REP of CEMENT
GENERAL OF
OFYAGREEMENT, the to
equirements of Paragraph
following applies:
"Where necessary to take down fences, signs, or other obstructions, replace in their
original condition and restore damaged property or make satisfactory restitution, at no
cost to Owner."
H-5B
R. INTERRUPTION PTIO OF UTILITY SERVICES. Operate no valve or other control on
existing systems. Exercise care in performing work so as not to interrupt service. Locate
and uncover existing utilities ahead of heavy excavation equipment. At house
connections, either lift trenching machine over lines or cut and reconnect with minimum
interruption of service,as approved.
S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public
safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same
when no longer necessary.
T. USE OF STREETS.
1. Remove, as soon as practicable, accumulated rubbish and open each block for
public use. Use of any portion of street shall not constitute acceptance of any
portion of work. Backfill and shape trenches across street intersections or
driveways for safe traffic at night or, where permitted, span open trenches with
wooden mats or bridges to permit traffic flow. When driveways are cut, immediate
placement of mats for ingress or egress of vehicles may be directed if undue
hardship to property owner would otherwise result.
2. Except where approved otherwise, do not hinder or inconvenience travel on streets
or intersecting alleys for more than two blocks at any one time. Whenever street is
closed, place properly worded sign announcing fact to public, with proper
barricades at nearest street corners, on both sides of obstruction. Leave no street or
driveway blocked at night.
3. When street is closed,notify Fire Department and Police Department.
4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide
temporary drainage.
H-6B
'
�tzO J t r M. "- Fn k.: �,q 2' s ra - a 5$ c-z'' y �v
�
PAY?iTEi `T B OND
STATE OF TEXAS
XN'01/1 ALL MEN 13Y'THESE PRESENTS
COUNTY OF JEFFERSON
THAT we , of the City of Port
Arthur of , County of , and State of
, as Principal, and , as Surety,
authorized under the laws of the State of Texas to act as Surety on bonds for principals are held
and firmly bound unto the City of Port Arthur, Port Arthur Texas, and to all Subcontractors,
workmen, laborers, mechanics and furnishers of material, and any other claimant, as their
interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of
Dollars ($ ), lawful currency of the United States of America, for the
payment of which, well and truly to be made, we do hereby bind ourselves, our heirs,executors,
administrators and successors,jointly and severally and firmly by these presents:
The condition of this Bond is such that, whereas, the above bounden Principal as prime
contractor has on the day of , 20_, entered into a formal
contract with the City of Port Arthur for Pleasure Island Marina Paving Rehabilitation which
is hereby referred to and made part hereof as if fully written herein.
NOW, THEREFORE, if the above bounden Principal shall protect all claimants
supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th
Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil
Statutes, as amended) and shall pay and perform any and every obligation that of such principal
is required or provided for in such law, this bond being solely for the protection of all such
claimants and being for the use of each such claimant,then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
It is stipulated and agreed that no change, extension of time, addition to or modification of
the Contract or work performed thereunder, shall in anywise affect the obligation of this bond,
and surety expressly waives notice of any such change, extension of time, addition or
modification.
1-1
IN WITNESS WHEREOF, the said Principcd has caused -these presents to be executed,
and the said surety has caused these presents to be executed, each by its duly authorized agent
and officer, and its corporate. seal to be affixed at
on this the day of ,A.D., 20
CONTRACTOR
ATTEST: BY:
TITLE:
SURETY
ATTEST: BY:
TITLE:
NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all
partners shall execute Bond. Surety companies executing bonds must appear on Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in Texas.
I-2
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41, Vlerofkmrlikr- 4,4
� �� RFpRM%�NC• BOND
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•
PERIF OR.tMA2 CE BOND
KNOW ALL MEN BY THESE PRESEN'TS] THAT
(Name of Contractor)
(Address of Contractor)
a , hereinafter called Principal, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the City of Port Arthur
(Name of Owner
444 4th Street,Port Arthur,Texas 77641
(Address of Owner)
hereinafter called OWNER, in the penal sum of
Dollars,$(
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors,and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the OWNER,dated the day of
2000, a copy of which is hereto attached and made a part hereof for the construction of:
Pleasure Island Marina Paving Rehabilitation.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original
term thereof, and any extensions thereof which may be granted by the OWNER, with or without
notice to the Surety and during the one year guaranty period, aad if he shall satisfy all claims and
demands incurred under such contract, and shall fully indemnify and save harmless the OWNER
from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the OWNER all outlay and expense which the OWNER may incur in making good any
default, then this obligation shall be void; otherwise to remain in full force and effect. Provided,
that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in accordance therewith.
PROVIDED,FURTHER, that the said surety, for value received hereby stipulates and agrees that
no change,extension of time, alteration or addition to the terms of the contract or to WORK to be
J-1
perfouiie d thereunder or the SPECIFICA TIONS accompanying g the same shall in any wise affect
its obligation on this BOND, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the contract or to the WORK or the
SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of
which shall be deemed an original,this the day of
ATTEST:
Principal
BY: (s)
(Principal) Secretary
[SEAL]
(Witness as to Principal) (Address)
Address
Surety
ATTEST:
BY:
Witness as to Surety Attorney-in-Fact
Address Address
NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all
partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state
where the PROJECT is located.
J-2
a,! te.
(THIS PAGE INTENTIONALLY LEFT BLANK)
INSERT "NOTICE OF AWARD" HERE
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(THIS PAGE INTENTIONALLY LEFT BLANK)
INSERT "NOTICE TO PROCEED" HERE
a • `-rop.�` ,
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(THIS PAGE INTENTIONALLY LEFT BLANK)
INSERT "INSURANCE DOCUMENTS" HERE
•
r',1S °`4• -rfrxt OT 0 .
- SPEC A
SPECIAL PRO VISIONS
PLEASURE ISLAND MARINA
PAVING REHABILITATION
CITY OF PORT ARTHUR
May 2014
SOUTEX 13-0209
1. This project will consist of work on a City of Port Arthur right-of-way. Safety will be of the utmost
importance. The Contractor will be responsible for providing a safe work area for the workers.
The Contractor shall provide barricades,flares,and electric blinkers
as directed by the Engineer. Barricades and appurtenances shall be
approved by the Inspector daily,before the Contractor leaves the job
for the day. Barricades shall be provided and installed in accordance
with the Texas Manual of Uniform Traffic Control.
Between sunset and sunrise,and at all times construction operations are
not in progress,the Contractor is required to provide the Owner and the
Engineer with appropriate after hours and emergency phone numbers,
whereby the Contractor representative can be reached. The Contractor
is required to maintain in a proper position and condition all barricades,
warning and directing signs, lights and flags,and to respond promptly
when said maintenance is requested.
Safety and Traffic Control is considered incidental to the work and shall be included in the Unit
Price Bid for the various bid items.
2. The Owner reserves the right to control the sequence of work.
3. Where there is a conflict of measurement designation between the Specifications and the Proposal,
the unit of measure indicated on the Proposal shall prevail.
4. When conflicts exist between the Special Provisions and General Specifications, the Special
Provisions shall control.
5. The Engineer shall furnish control lines(the property line). A temporary benchmark will also be
provided for the Contractor.
6. The Contractor will be held responsible for any damage to street surfaces,curbs,gutters,existing
utilities, etc., that result from his negligence during any construction operation. Any damage
resulting therefrom shall be repaired by the Contractor and such repair will be at the Contractor's
expense.
7. The Contractor is hereby advised to conduct a suitable site investigation. The Contractor will
not be due any additional compensation for difficulties arising out of his/her failure to inspect and
analyze the actual job site prior to submission of his/her bid.
SP-1
8. The Contractor is expecced to be completely fa i'a with the provisions contained in these
Specifications and Special Provisions. 'The Contractor will riot be allowed any additional
payment or extension of time due to difficulties caused by his/her failure to acquaint
himself"herself with project documents.
9. Any and all work, manipulation, materials, labor, etc., which in the opinion of the Engineer is
necessary to complete the project and which is neither specifically listed and/or identified in the
bid proposal items or in these specifications, shall be considered incidental to the work and shall
be included in the Unit Price Bid for respective items. The Contractor will not be due additional
payment for completion of said required work.
10. The Contractor and/or his Surety will be required by the Owner to repair,replace,restore,and/or
to make to comply strictly in all things with the Contract and Plans and Specifications,any and all
of said work and/or materials,which, within a period of one year from the date of the acceptance
by City Council.
11. The Contractor is responsible for making the"One Call"prior to any excavation.
12. Section 20—Inspection and Testing of materials of the General Conditions and Section E—Part B
of Section H of the Supplemental General Conditions are hereby amended to read as follows:
All materials, equipment, etc.,used in the construction of the project shall be subject to adequate
inspection and testing in accordance with accepted standards and frequency or as required by the
contract documents. The Contractor shall make all arrangements for such tests and inspections
with a local independent testing laboratory acceptable to the Owner,and the Contractor shall bear
all related costs of tests and inspections. If such procedures for testing and inspection reveal failure
to comply with accepted standards or with requirements established by the contract documents,all
re-testing and re-inspection costs made necessary by such failure, including those of repeated
procedures, shall also be at Contractor's expense.
If the Engineer and/or Owner determines that portions of the project requires additional testing or
inspection not included in Contractor's original bid, the Engineer shall, upon written
authorization from the Owner,instruct the Contractor to make arrangements for additional testing
and inspection. The costs for such additional testing and inspection shall be at the Owner's
expense.
The Contractor's independent testing laboratory shall give timely notice to the Contractor and
the Engineer of when and where tests and inspections are to be made so that the Contractor and
the Engineer may be present for such procedures. If the Engineer is to observe tests and
inspections,the Engineer will do so promptly and,where practical,at the normal pace of testing.
Tests and inspections shall be made promptly to avoid unreasonable delays on the project.
Required certificates or reports of all tests and inspections shall, unless otherwise required by the
contract documents, be promptly delivered by the independent testing laboratory to the
Contractor,the Engineer, and the Owner.
13. The Bid item for "Rework existing base 6" deep and stabilize with 6% cement," is full
compensation for all materials,mixing, compacting and rolling the base in preparation for not mix
SP-2
asphalt surface This item; pertains to t ,_ as t 3,_l& Any y additional limestone base required to
insure'the base has a minimum 6" depth will be paid for by the hid item"Flexible Base.Material".
All work to be in general conformance with TxDOT Item 251 Reworking Base Courses Type D
Scarifying and Reshaping.
14. All work to be in general conformance with TxDOT Item 251 Reworking Base Courses Type D
Scarifying and Reshaping.
15. Contractor to contact City of Port Arthur Utilities to make provisions for a water meter mounted
to a fire hydrant for providing water for this project. All cost for this shall be at the Contractor's
expense. No specific bid item is set up for this expense as the expense is to be considered part of
the various unit price bid items.
16. The bid item"Flexible Base Material" is to be in general conformance with TxDOT Item 247 Type
A,Gd. 2. This material is to be added to existing material as required and will be paid for by the
TON of material delivered to the job.
17. The bid item"Remove/Reclaim"existing base and asphalt material is relative to Areas 2,5&7 as
shown on the plans. The work involves pulverization of the material and stock piling for reuse.
The work involves moving the material so that the sub grade may be lime stabilized 6%. The
removed/reclaimed material will be reused and flexible base added as required to make final line
and grade. Payment is per material in place prior to the removal of the material.
18. The bid item for"Proof Rolling" is to be in general conformance with TxDOT Item 216. As fully
loaded 12 CY dump truck may be used on the subgrade of areas 2, 5 &7 to detect any unsuitable
material and or areas. Payment to be made per hours actually spent on the subgrade doing the proof
rolling. Any unsuitable areas will be repaired/replaced as directed by the Engineer. Such areas
may be replaced with flexible base material.
19. The bid item"Lime Treatment"is to be in general conformance with TxDOT Item 260(road mix)
and is relative to Areas 2, 5 &7. The Contractor's lab shall provide a mix design for the project
per Tex-121-E. The Engineer will approve the said mix design. Base design on 6% dry weight
lime. The lime to be placed as slurry. Compaction, after mixing, to be by density control in
accordance with Tex-121-E. The SY bid price will be full compensation for lime, mixing,
compaction and testing necessary to produce an acceptable subgrade. The subgrade to be treated
to a depth of 6".
20. The bid item"Stockpiled,flexible base placed on lime treated subgrade"is for placing the material
stockpiled from Bid Item 5. Additional flexible base material will be added as required to make
final lime and grade. The final thickness of the base over the Areas 2,5 &7 is to be 8".
21. The bid item "Hot Mix Asphalt" is for placing a 11/2" thick surface over areas 1 through 7. This
bid item includes the prime coat. It is to be in general conformance with TxDOT 553267 using D-
Gr.HMA(Sq)TY—D SAC—APG64-22.
22. The bid item"Construct ADA sidewalk to existing ramp"consists of a 5' wide sidewalk from the
roadway down to the existing dock ramp. Contractor to verify elevations prior to construction to
insure ADA grades are met.
23. The bid item"Painting parking strip,handicap area, handicap symbols and signage, etc. includes
the following:
Area 7:
a Peninsula at entrance—yellow
SP-3
a 26 regular 9' x 20' parking(white stripe)
9 2 handicap with 1 being van accessible
3 Necessary handicap signage
• Area between the handicap spots(blue stripes)
Area 6:
• 9 regular 9'x 20' parking white stripe
• 1 handicap space being van accessible
• Necessary handicap signage
• Area to be left of handicap spot
Area 7:
• 27 regular 9' x 20' parking(white stripe)
• 2 handicap with 1 being van accessible
• Necessary handicap signage
• Area between the handicap spots(blue stripes)
All stripes to be 4"wide. Paint to be Sherwin-Williams Pro-Pak waterborne acrylic alluyd traffic-
marking paint or approved equal.
24. Prime coat on the asphalt use AEP at 0.20 to 0.25 gallon per SY. The cost for prime is to be
considered part of the unit price for the 11/4"thick hot mix asphalt.
SP-4
•
{A 4 , _ i� Vte � v 1 S . � a
t#
s s '
� � � � os 2t 08, , . ,4,.. ,o.,..k ) + .1' ms � � ,
v 4 �� v, QUALIFICAT10N T .E EN
,
i;111/41.3 Fl CATION STAThMMM NT I
SUBMITTED TO
BY
[Corporation,Co-Partnership,and Individual]
PRINCIPAL OFFICE
The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all
answers to interrogatories hereinafter made.
1. How many years has your organization been in business as a general contractor under
your present business name:
2. How many years' experience in this type of construction work has your organization had?
(a) As a general contractor
(b) As a sub-contractor
3. What projects has your organization completed?
Contract Class of When Name and Address
Amount Work Completed of Owner
0-1
4. Have you ever failed to complete any work awarded to you?
It so, where and why? -- _ --
5. In what manner have you inspected this proposed work? Explain in detail.
6. Explain your plan or layout for performing the proposed work:
7. The work, if awarded to you, will have the personal supervision of whom?
(a) For administrative management?
(b) For resident construction superintendence?
(c) What experience in this type of work is enjoyed by the superintendent designated
under(b) above?
0-2
•
•
8. What portions of the work do you intend to sub--let?
9. What equipment do you own that is available for the proposed work?
Description,Size Years of Present
Qty. Item Capacity,Etc. Condition Seriice Location
10. Have you received firm offers for all major items of equipment within prices used in
preparing your proposal?
0-3
EL List the construction projects your organization has underway on this date:
Contract Class of Percent Name and Address of Owner
Amount Work Complete or Contracting Officer
Dated at this day of , 19__.
BY:
TITLE:
0-4
•
APPENDIX
t : FOR FOR REQUEST FOR TIME- EXTENSION
REQUEST FOR EXTENSION OF TIMED<<E TO 'WEATHER HER OR SUPPLIES
CITY OF PORT ARTHUR
PLEASURE ISLAND MARINA
PAVING REHABILITATION
CITY OF PORT ARTHUR, TEXAS
DATE: , 20
MONTH OF: 20
CITY of PORT ARTHUR,TEXAS
PUBLIC WORKS DEPARTMENT
P.O. BOX 1089
CITY of PORT ARTHUR,TEXAS 77641-1089
ATTENTION: Leslie E. McMahen, P.E.
Interim City Engineer
Gentlemen:
We request extension of completion time on our Contract due to the days of work lost as
specified(list dates actually lost: do not include days not normally worked such as Saturdays,
Sundays, or holidays):
Dates Lost:
Days Lost( ) / 5 x 7 = Calendar Days Requested
Reasons for Request:
Contractor
By:
Approved for extension of calendar days.
Disapproved.
Date: , 20 CITY OF CITY OF PORT ARTHUR, TEXAS
BY:
City Manager
Distribution by City
Original: Water Utilities Department
xc: Engineer
Contractor
CPA Non Federally Funded
APP-I
CPA Federally Funded
MANDATORY PRE-BID CONFERENCE
PLEASURE ISLAND MARINA PAVING REHABILITATION
CITY OF PORT ARTHUR,TEXAS
520 PLEASURE ISLAND BOULEVARD
10:00 AM JULY 10,2014
SIGN IN SHEET
BIDDER ADDRESS NAME PHONE EMAIL
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
CITY OF PORT ARTHUR, TEXAS
AD`+rERT1SEMENT FOR BIDS
NOTICE IS HEREBY GIVEN THAT sealed bids, addressed to the City of Port
Arthur, will be received at the office of the City Secretary, City Hall, 4th Floor, 444 4`h
Street, Port Arthur, Texas, until 3:00 p.m. on Wednesday, July 23, 2014, and all bids
received will thereafter be publicly opened and read aloud at 3:15 p.m, on Wednesday
J ly 3, 2014, at City of Port Arthur City Hall, 5''' Floor Council Chamber, 444 4th
Street, Port Arthur, Texas for the construction of certain public works or furnishings of
certain services briefly described as: Pleasure Island Marina Paving Rehabilitation to
serve the City of Port Arthur. Any bid received after closing time will be returned
unopened.
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 in
Texas, in an amount not less than five percent (5%) guarantee that, if awarded the
Contract, the bidder will promptly enter into a Contract and execute Bond in the forms
provided as outlined in the Specifications and instructions to Bidders.
Copies of the PLANS AND SPECIFICATIONS and other CONTRACT DOCUMENTS
are on file at the following locations:
CITY OF PORT ARTHUR
Public Works Department or
Shawna Tubbs,CPPO, CPPB, Purchasing Manager
444 4TH Street
Port Arthur,Texas 77640
SOUTEX SURVEYORS &ENGINEERS
3737 Doctors Drive
Port Arthur,Texas 77642
AGC OF SOUTHEAST TEXAS
5458 Avenue A
Beaumont, TX 77705
PLANS AND SPECIFICATIONS and other CONTRACT DOCUMENTS are open
for public inspection without charge. A set of such Documents may be obtained from
Soutex upon making a non-refundable deposit of $100.00.
The following bonds, each in the amount of one hundred percent (100%) of the Contract
price, will be required in accordance with State law as follows: (1) a payment bond for
any contract in excess of Fifty Thousand Dollars ($50,000.00); and (2) a performance
bond for any contract in excess of One Hundred Thousand Dollars ($100,000.00).
Attention is called to the fact that this is a Contract for construction of public works and
that there must be paid on same not less than the general prevailing wage rates which
have been established by the City of Port Arthur, pursuant to Chapter 2258 of the Texas
Government Code, as amended and which are set out in detail in the Contract
Documents. The CONTRACTOR shall forfeit as a penalty, to the City of Port Arthur,
Sixty Dollars ($60.00) for each laborer, workman or mechanic employed, for each
calendar day, or portion thereof, if such laborer, workman or mechanic is paid less than
the said stipulated rates for any work done under this Contract. The Davis-Bacon Act*
is applicable to this Contract, and the prevailing wage rates established pursuant to said
Act are made a part of this Contract. A copy of such current wage schedule is included
in the Contract Documents and any applicable change in such wage schedule shall be
furnished and Equal Employment Opportunity requirements must be met.
CONTRACTOR'S attention is also directed to the equal opportunity requirements of this
Contract: Title VI, Sec. 3 and E.O. 11246.
This Contract is issued by an organization which qualifies for exemption pursuant
to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax
Act as codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to
Section 151.311 of the Tax Code made by Section 14.07 of Chapter 5 (House Bill No.
11), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non-consumable materials and
equipment to qualify for resale to the City of Port Arthur, and be exempt from sales tax,
the contract and bids must comply with the following requirements.
The bid and contract must separately identify: (1) the charges for non-consumable
materials and equipment that are permanently incorporated into the project, and (2)
charges for skill, labor and consumable materials, tools and equipment that are
permanently incorporated into the project. Bidders are required to have a sales tax permit
issued by the Comptroller of the State of Texas in order to qualify under the separated
contract procedure.
The City of Port Arthur, will issue to the CONTRACTOR a specific exemption certificate
for this Contract in order that he does not have to pay taxes on qualifying materials,
equipment, or other tangible personal property purchased for and permanently
incorporated into City of Port Arthur, realty in performing this Contract. The
CONTRACTOR performing this contract must issue to his suppliers an exemption
certificate complying with all applicable State Comptroller's rulings, along with a copy of
the certificate issued to him by the City of Port Arthur.
Lump-sum contracts, in which the above referenced charges are not separated, do not
qualify for the sales and use tax exemption.
Attention is directed to the liquidated damages provision of this Contract (Paragraph No.
51 of the General Conditions) and the fact that rainy weather shall constitute justification
for any delay in the time for completion only under certain conditions.
This Contract is for a Road Construction and Parking Area project. Each project will be
specified by the City of Port Arthur, in a notice to proceed. Successful Bidder shall be
required to attend Pre-Construction Conference.
BIDDER IS CAUTIONED TO READ ALL CONTRACT DOCUMENTS BEFORE SUBMITTING
BID, ESPECIALLY ITEM 18 (PRE-BID CONFERENCE) OF THE INFORMATION TO
BIDDERS. All bidders shall be required to attend the Mandatory Pre-Bid
Conference on: Thursday, July 10, 2014 at 10:00 APB at the Pleasure
Island Office, 520 Pleasure Island Blvd., Port Arthur, Texas 77640.
Per Article VI Sec. 2-262(c) of the City Code of Ordinance, the City Council shall not
award a contract to a company that is in arrears in its obligations to the City.
The City of Port Arthur, reserves the right to reject any and all bids and to waive
informalities.
City of Port Arthur
BY: /s/ SHAWNA TUBBS
Shawna Tubbs, CPPO, CPPB
Purchasing Manager
*Davis-Bacon Act is found at 40 U.S.C., § 276a et. seq.
1st Advertisement: 6/29/2014
2nd Advertisement: 7/06/2014
i — ---
B
i O: City of Port Arthur
444 4th Street
City of Port Arthur, Texas 77642
Proposal of (hereinafter called "BIDDER"), organized and
existing under the laws of the State of Texas, doing business as
and acting by and through to the City of Port Arthur,
(hereinafter called "OWNER").
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
work for the construction of Pleasure Island Marina Paving Iaebabilitation to serve the City of
Port Arthur in strict accordance with the Contract Documents, within the time set forth in the
Notice to Proceed and at the prices stated below, and Bidder shall enter into Contract for same
within the time specified in Contract Documents.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party
thereto certifies as to his own organization, that this BID has been arrived at independently,
without consultation, communication, or agreement as to any matter relating to this BID with any
other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this Contract on or before a date to be
specified in the Notice to Proceed and to fully complete the PROJECT within . 12
consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all
Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to
pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter
including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as
provided in Section 51 of the General Conditions.
Enclosed is bid security as required.
BIDDER acknowledges receipt of the following ADDENDUM:
BIDDER agrees to perform all the work described in the Contract Documents for the following
unit prices or lump sum:
*Insert"a corporation,""a partnership,"or"an individual"as applicable.
I.
For
PLEASURE ISLAND MARINA PAVING REHABILITATION
CITY OF PORT ARTHUR,TEXAS
MAY 2014
SOUI'EX PROJECT Na 13-0209
BASE BID ITEMS
4Toil QUANTITY UNIT 3DESCTU TION 197 r7'S3i Wri UN TT PRICE'AIRMEN i i WORDS TOTAL
Mobilization, Bonds, Insurance
dollars/cents
1. 1 LS $
Per Lump Sum $
Barricades and Traffic Control Plan
dollars/cents
2. 1 LS $
Per Lump Sum $
Rework existing base 6" deep and stabilize
with 6% cement
dollars/cents
3. 11,000 SY
$ $
Per Square Yard
Flexible Base Material
dollars/cents
4. 1,220 Tons
Per Ton $
Remove/Reclaim existing base and
and asphalt material
dollars/cents
5. 3,000 SY
$ $
Per Square Yard
ITEM Q4JAN737°t' UNrr DESCRIPTION OF ITEM 1/97"14 t3417 P'FR7cs W srTEN IN WORDS TOTAL
Proof Rolling
dollars/cents
6. 20 Hours $
Per Hour $
Lime Treatment
dollars/cents
7. 5,942 SY $
Per Square Yard $
Stockpiled flexible base placed on
lime treated subgrade
dollars/cents
8. 3,000 SY
$ $
Per Square Yard
Hot Mix Asphalt
dollars/cents
9. 1,375 Tons $
Per Ton $
Construct ADA sidewalk to existing ramp
dollars/cents
10. 8 Each $
Per Each $
5' wide ADA concrete sidewalk 78' long
with 12' x 10' landing
dollars/cents
11. 1 LS $
Per Lump Sum
TEN! QUANTITY UNIT DES R:13jT:ICN.Of FTEM WITH U?4]T PRICE WRITTEN 114 WORDS TOTAL - ----�
Paint parking stripes, handicap area, handicap
symbols and signage, etc. as shown on the plans
dollars/cents
12. 1 LS $
Per Lump Sum
TOTAL AMOUNT OF BM $
dollars/cents
Prices to be written and the written word shall prevail
STATIEfyiENT FOR SEPARATED CONTRACT CO P 1MIC n
TOTAL BASE BID: Non-consumable material and
equipment. (Tax Exempt)
TOTAL BASE BID: Skill, labor and consumable
material, tools and equipment. (Not Tax Exempt) $
Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown
in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing,
shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called
for.
BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any
informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the
basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID with Substitution(s) and/or Alternates and
TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the
OWNER,
The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of
sixty (60) calendar days after the scheduled closing time for receiving bids.
The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations
made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the
Contractor.
Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract
attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure
payment for all labor and materials. The bid security attached,without endorsement, in the sum of no
less than five percent (5%) of the amount bid, is to become the property of City of Port Arthur, in the
event the contract and bonds are not executed within the time above set forth, as liquidated damages
without limitation.
Respectfully submitted:
(NAME OF CONTRACTOR) (ADDRESS)
BY:
(TELEPHONE NUMBER)
TITLE:
(LICENSE NUMBER IF APPLICABLE)
DATE:
(SEAL,IF BIDDER IS A CORPORATION) (ATTEST)
CITY OF PORT ARTHUR
EXCEPTION / APPROVED EQUAL REQUEST
[Please submit this form for each exception/approved equal]
VENDOR: TELEFAX:
PROJECT:
PAGE: of PARAGRAPH:
SUBJECT:
REQUEST:
Signature
CITY OF PORT ARTHUR
APPROVED: DISAPPROVED: CLARIFICATION:
REMARKS:
Signature
CITY OF PORT ARTHUR
AFR'RDAViT
[RETURN THdS AFf'3DAVIT AS PART OF THE BID PROPOSAL]
All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a duly
authorized Officer of the company, whose signature is binding on the Bid Proposal.
The Undersigned offers and agrees to one of the following:
I hereby certify that I do not have outstanding debts with the City of Port Arthur.
Further, I agree to pay succeeding debts as they become due during this agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agree to pay said debts prior to execution of this Agreement.
I hereby certify that I do have outstanding debts with the City of Port Arthur and
agree to enter into an agreement for the payment of said debts. I further agree to pay
succeeding debts as they become due.
NAME OF OFFERER:
TITLE:
ADDRESS:
CITY/STATE/ZIP:
TELEPHONE NUMBER:
SIGNATURE:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public in and for the State of
Signature My Commission Expires: