Agreement_Between_Owner_and_Contractor_-_Sample.pdf
PDF 420 KB Posted
- Solicitation number
- 2023-008
- Issued by
- Hidalgo County, Texas
About this file
This document is a draft Agreement Between Owner and Contractor for the City of Edinburg, Texas, for the construction of a Business 281 One Million Gallon Composite Elevated Storage Tank project. The project involves constructing a one million gallon composite elevated water storage tank, with associated site improvements including yard piping, grading, drainage, seeding, sidewalks, paving, gates, and fencing. The contract also requires installing approximately 1,400 linear feet of 12" PVC pipeline, electrical and instrumentation work for tank lighting and level indication, and integration with the city's existing SCADA system. An additional allowance of $25,000 is included for a painted logo on the tank, and the contractor is responsible for bringing electrical service to the tank if not already available.
The contract includes specific pricing components across six bid schedule items, with lump sum pricing for different aspects of the project. The contractor will be subject to liquidated damages for delays, with a sliding scale of daily penalties ranging from $100 to $800 depending on the contract value. Progress payments will be made monthly, with 95% of completed work paid, retaining 5% until substantial completion. The engineer for the project is Melden and Hunt, Inc., who will act as the owner's representative. The contract includes provisions for federal funding compliance, including civil rights requirements, equal employment opportunity, and various federal procurement contract provisions outlined in Appendix II to 2 CFR Part 200.
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Text version
AGREEMENT CITY OF EDINBURG
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Document 00500
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
This Agreement is by and between CITY OF EDINBURG (“Owner”) and “Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.
Owner and Contractor hereby agree as follows:
WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows: The project will provide for the construction of the Business 281 One Million Gallon Composite Elevated Storage Tank.
1.02 Contractor is responsible for requesting a permit from the City of Edinburg – Permits Department in a timely manner upon receiving a Notice to Proceed.
THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is generally described as follows: Business 281 One Million Gallon Composite Elevated Storage Tank.
ENGINEER
3.01 The Owner has retained (Melden and Hunt, Inc.) (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.
CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Dates
A. The Work will be substantially complete on or before XXXX XX, XXXX, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before XXXX XX, XXXX.
4.03 Milestones
A. Parts of the Work must be substantially completed on or before the following Milestone(s):
1. Milestone 1 Substantial Completion – XXXX XX, XXXX
2. Milestone 2 Final Completion – XXXXX XX, XXXX
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4.04 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph
4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified.
The parties also recognize the delays, expense, and difficulties involved in proving, in a legal proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner based on fees below for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.
For Contract of Amount Cost Per Day
$5,000.00 To $25,000.00 $100.00
$25,000.01 To $100,000.00 $200.00
$100,000.01 To $500,000.00 $250.00
$500,000.01 To $1,000,000.00 $300.00
$1,000,000.01 To $2,000,000.00 $400.00
$2,000,000.01 To $3,000,000.00 $500.00
$3,000,000.01 To $4,000,000.00 $600.00
$4,000,000.01 To $5,000,000.00 $700.00
$5,000,000.01 And Over $800.00
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $250.00 for each day that expires after such time until the Work is completed and ready for final payment.
3. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, Owner is not precluded from recovering other damages, whether actual, direct, excess, or consequential, for such delay, including for special damages (if any) specified in this Agreement.
4.06 Special Damages
A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services
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B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.
C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement.
CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents, the amounts that follow, subject to adjustment under the Contract:
A. The CONTRACTOR shall provide prices for each item listed in the bid schedule. The Bidder agrees to accept as full payment for each item the Lump Sum Price proposed within the Bidding Documents, based upon the undersigned’s own estimate of quantities. Each price indicated shall cover all costs and charges, including, without limitation, the cost of material, fabrication, delivery, installation or application, supervision, bond and insurance charges, overhead, profit, and taxes.
BID SCHEDULE
1. Construct a 1,000,000 gallon composite style elevated water storage tower
Lump Sum
2. Construct all of the site improvements including the yard piping, grading, drainage, seeding, sidewalks, paving, gates and fencing.
3. Construct all pipe, fittings, valves, appurtenances and other miscellaneous work to connect the elevated storage tank to the City’s water distribution system.
This effort will require the installation of approximately 1,400 linear feet of 12” PVC pipeline.
4. Construct all electrical and instrumentation for tank lighting (this includes lighting for logo illumination) and level indication. Instrumentation must integrate with Edinburg’s existing SCADA system.
5. Under Section 16010 (1.1C), the contractor is responsible for bringing electrical service to the tank if it is not available. The contractor shall include in his bid an allowance of $5,000.
$5,000
6.. An allowance is established herein to provide a painted logo on the tank at Owner’s direction. Final cost of the logo will be negotiated up or down depending upon the final logo design.
$25,000
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TOTAL BID PRICE
In Figures
In Words
B. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.
C. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.
PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.
a. 95 percent of the value of the Work completed (with the balance being retainage); and
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.
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6.05 Interest
A. All amounts not paid when due will bear interest at the rate of zero (0) percent per annum.
CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual (copy of list attached).
6. Drawings (not attached but incorporated by reference) consisting of 14 sheets with each sheet bearing the following general title: Business 281 One Million Gallon Composite Elevated Storage Tank.
7. Addendum X
8. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.
REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
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3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site;
information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
8.02 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or
(c) to deprive Owner of the benefits of free and open competition;
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3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. The Supplementary Conditions may also the terms, conditions and provisions of the General Conditions.
8.04 Notice of Governing Law
A. The Contractor agrees to abide by the applicable laws and regulations found in the Assurance of Compliance with Civil Rights Provisions and Federally Mandated Contract Provisions in Appendix II to 2 CFR Part 200, attached in Exhibits A & B.
Attachments: Exhibit A – Civil Rights Provisions
Exhibit B – Appendix II to 2 CFR Part 200
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EXHIBIT A
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ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the City of Edinburg (hereinafter referred to as “the Recipient”) must ensure that any contract or sub-award (hereinafter referred to as “the contractor”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient’s programs, services and activities, so long as any portion of the recipient’s program(s) is federally assisted in the manner proscribed above.
1. The Contractor ensures its current and future compliance with Title VI of the Civil Rights
Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives;
circulars; policies; memoranda and/or guidance documents.
2. The Contractor acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities.
3. The Contractor understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.
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4. The Contractor agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities.
As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
5. The Contractor acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon.
6. The Contractor and Contractor’s successors, transferees and assignees for the period in which such assistance is provided. Contractor acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Contractor and the Contractor’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract o http://www.lep.gov/
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EXHIBIT B
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FEDERALLY MANDATED PROCUREMENT
CONTRACT PROVISIONS
Appendix II to 2 CFR Part 200
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. The Contractor and all of its Subcontractors shall comply with these Federal provisions. The Contractor shall include this document in all subcontracts and ensure it is also included in all lower-tier subcontracts of the Subcontractor.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
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The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]
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IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on , 20 (which is the Effective Date of the Contract).
Owner: Contractor:
City of Edinburg
(typed or printed name of organization) (typed or printed name of organization)
By: By:
(individual’s signature) (individual’s signature) Date: Date:
(date signed) (date signed) Name: Name:
(typed or printed) (typed or printed) Title: Title:
(typed or printed) (typed or printed) (If (Contractor Name) is a corporation, a partnership, or a joint venture, attach
Attest: Attest:
(individual’s signature) (individual’s signature) Title: Title:
(typed or printed) (typed or printed) Address for giving notices: Address for giving notices:
City of Edinburg
415 W. University Drive
Edinburg, TX 78539 Designated Representative: Designated Representative:
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Address: Address:
415 W. University Dr.
Edinburg, TX 78539
Phone: Phone:
Email: Email:
Approve as to form By:
Name/Title:
License No.: (where applicable)
State:
| WORK |
| THE PROJECT |
| ENGINEER |
| CONTRACT TIMES |
| CONTRACT PRICE |
| TOTAL BID PRICE |
| PAYMENT PROCEDURES |
| CONTRACT DOCUMENTS |
| REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS |
| 8.04 Notice of Governing Law |
| A. The Contractor agrees to abide by the applicable laws and regulations found in the Assurance of Compliance with Civil Rights Provisions and Federally Mandated Contract Provisions in Appendix II to 2 CFR Part 200, attached in Exhibits A & B. |
| Attachments: Exhibit A – Civil Rights Provisions |
| Exhibit B – Appendix II to 2 CFR Part 200 |
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