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HomeMy WebLinkAbout07028 ORD - 09/18/1963.KH:9 =i7 -63 TEXAS: AN ORDINANCE CANCELLING THE AGREEMENT BETWEENIRE CITY OF CORPUS CHRISTI AND U. S. WEATHER BUREAU AUTHORIZED BY ORDINANCE NO. 5902, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 14, lg6o, AND IN LIEU THEREOF, AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AND DELIVER A SUPPLY CONTRACT WITH THE U. S. WEATHER BUREAU, DEPARTMENT OF COMMERCE, FOR HEAT AND HEATING FACILITIES, AIR CONDITIENING, JANITOR SERVICE AND SUCH OTHER SERVICES AND FACILITIES IN THE WEATHER BUREAU AIRPORT STATION AT THE INTERNATIONAL AIRPORT AS ARE MORE FULLY DESCRIBED IN THE SUPPLY CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID SERVICES TO BE FURNISHED BY THE CITY FROM AND AFTER SEPTEMBER 12, 1963, AT A COST TO THE U. S. WEATHER BUREAU OF $1,594.50 PER ANNUM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE U. S. WEATHER BUREAU, AUTHORIZED BY ORDINANCE No. 5902, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 14, 196o, IS HEREBY CANCELLED, AND IN LIEU THEREOF, THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, 15 HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AND DELIVER A SUPPLY CONTRACT WITH THE U. S. WEATHER BUREAU, DEPARTMENT OF COMMERCE, FOR HEAT AND HEATING FACILITIES, AIR CONDITIONING, JANITOR SERVICE AND SUCH OTHER SERVICES AND FACILITIES IN THE WEATHER BUREAU AIRPORT STATION AT THE INTERNATIONAL AIRPORT AS ARE MORE FULLY DESCRIBED IN THE SUPPLY CONTRACT, A COPY OF WHICH IS AT- TACHED HERETO AND MADE A PART HEREOF, SAID SERVICES TO BE FURNISHED BY THE CITY FROM AND AFTER SEPTEMBER 121 1963, AT A COST TO THE U. S. WEATHER BUREAU OF $1,594.50 PER ANNUM. SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID SUPPLY AGREEMENT OR CONTRACT WITH THE U. S. WEATHER BUREAU CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE 7028 AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFEI C T,je FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE / rJ DAY OF SEPTEMBER, 1963- ATTEST: I "'THE CITY OF CORPUS CHRISTI, TEXAS CIT SECRE A Y APPROV D AS TO LEGAL FORM THI HE /DAY OF SEPTEMBER, X963: CITY ATT RNE* ` ""low I - _ Bttlndn d FOrm 33 (Oct. 1057 Edition) INVITATION, BID, AND AWARD CONTRACT NO C2wb -4058 PN�GE NUMO Es Prescribed by General Services Adroinietration I 1 I PAGES ORDER NO. (l1 any) y SUPPLY CONTRAC ReRulation 1 -II- 200.00 ( T) ISSUED BY i , • ADDRESS U. S. Weather Bureau 527 U. S. Court House Regional Adm. Office Fort Worth, Texas 76102 INVITATION FOR BIOS DATE ISSUED I INVITATION NO. eSCalEayids iri ---------- �—,' t41t)` A�Sb'(' n- flts�ieimis�ntl�bnrlition�attt( e�nvitativn"POrBtds-�t}resecom- panytng'Sche<hrt�-(8r•Genelsi i'ravfsimcs••{• Standard- ihrrTlr3 'iT- --------'-editiorrr- wiriclr zt�incvrperrsted-herL�r. ' hyreference; a»ti-t4j- suchvt)TBr-etnrtract - provisimes- and- apeeifiertivnsaa are atteeehed ror- ieeorpolnted- ily- rrFereme -in the $ehedale -, e+iii-b�reeei++ed- a4'tka alwve•oN'iee tenth -_ _ _ _ _ _ Qrloak s..�..m., �..� �� -�_�� Tinw, ________ ------ -----------r[td2lfj-SIId"aC' rtes' C" timr -pvbticly'OgettEd - fDT ' fternfshiIIgthe supplies or servtcesdesrribed - in '{>)te aecroxYpanyi>(g £rekedalel• €a�t3oliaeTty�,Q.b. General information and instructions to bidders are contained in the terms and conditions on the reverse hereof. SCHEDULE ITEM NO. SUPPLIES OR SERVICES QUANT (No. of 1.1 .1 UNIT UNIT PRICE AMOUNT Furnish the following services to the Weather Bure u Airport Sta ion, Corpus Christi International Airport, Corpus Christi, Tex s; TO LET FAC LITIES; HEATING; AIR CONDITIONING, including all a ectrici y, wa er, and maintenance required; Hot and Cold WATER, for drinking and for toile facili ies; JANITOR SERVICES and SUPPLIES; and ELECTRICITY for light ng and peration of office machines, including replacement ight bu ba an J, fluore cent tubes. BID --------->. DATE OF BID ' In compliance with the above, the undersigned offers and agrees, if this Bid be accepted within calendar days (60 calendar days unless a different period be inserted by the bidder) from the date of opening, to furnish any or all of the items upon which prices are quoted, at the price set opposite each item, delivered at the designated point(s) within the time specified in the Schedule. Discounts will be allowed for prompt payment as follows: percent, 10 calendar days; percent, 20 calendar days; percent, 30 calendar days. BIDDER REPRESENTS: (Cheek appropriate' boxes) (1) That he ❑ is, ❑ is not, a small business concern. (See definition on reverse hereof.) If bidder is a small business concern and is not the manufacturer of the supplies bid upon, he also represents that all supplies to be furnished hereunder El will, [3 will not, be manufactured or produced by a small business concern in the United States, its Ter- ritories, its possessions, or the Commonwealth of Puerto Rico. (2) That he is a ❑ regular dealer in, ❑ manufacturer of, the supplies bid upon. (3) (a) That he ❑has, ❑has not, employed or retained any company or person (other than afull -time bona fide employee working solely for the bidder) to solicit or secure this contract, and (b) that he ❑ has, ha ' not, paid or agreed to pay any company or person (other than afull -time bona fide employee working solely for the bidder) any fee, commission, percentage ar brokerage £ee, contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above as requested by the Contracting Officer. (For exterprctatwn a) the reprcecnta.'e., indudinp the term "bona fido e. Pit."., see Code of Fedcml Repubeione, Ttne di. Part reo.) (4) He operates as an ❑ individual, ❑ partnership, ❑ corporation, incorporated in the State of NAME AND ADDRESS OF BIDDER Street, city, one, and State. Type o SIGNATUREOFPERSON AUTHORIZED TOSIGN BID Print) , �� CITY OF CORPUS CHRISTI TYPE OR PRINT SIGNER S NAME ANDTITLE , CORPUS CHRISTI, TEXAS HERBERT W. WHITNEY, CITY MANAGER AWARD - DATE OF AWARD ACCEPTED AS TO ITEMS NUMBERED AMWNT UNITED STATES OF AMERICA $1594.50 BY SUBMIT INVOICE FOR PAYMENT TO .. q - ' • Contracting Officer. ACCOUNTING AND APPROPRIATION DATA Weather Bureau Airport Station "I' Corpus Christi International Airport "t h. " "'! •I '' " • 1 Corpus Christi Texas "''' SSE T«' 1 "' i t` ' l,. •' PAYMENT WILL BE MADE BY Award will be made on this Form; or on Standard Form l0,•Orby OttterOtaOta[ wruren nonce. '- 1. PR +examin structi ( (b) by the on the c e u e an see on rnua ron ee which he makes an entry. Erasures or other changes must be initialed by the person signing the bid. Bids signed by • an agent must be accompanied by evidence of his authority. (c) Unit price for each unit bid on shall be shown and such price shall include packing unless otherwise specified. 'A total shall be entered in the Amount column of the Sched- ule for each item bid an. In case of error in extension of price, the unit price will govern. (d) Alternate bids will not be considered unless author- ized by the Invitation. 9 (e) When not otherwise specified, bidder must definitely''.' state time of proposed delivery. �. (f) Time, if stated as a number of days, will, include, Sundays and holidays. 2, SUBMISSION OF BIDS. —(a) Bids and modifications;•' thereof shall be enclosed in sealed envelopes addressed to the issuing office, with the name and address of the bidder, the date and hour of opening, and the invitation number ion the face of the envelope. Telegraphic bids will not be considered unless authorized by the Invitation; however, ,bids may be modified by telegraphic notice provided such notice is received prior to the time set for the opening of the bids. (b) Samples of items, 'when required, must be submitted within the time specified, and unless otherwise specified by the Government, at no expense to the Government. If not destroyed by testing, samples will be returned at bidder's request and expense, unless otherwise specified by the Invitation. j (a) In the event no bid is to be suhlnitted, do not return the Invitation unless otherwise specified. However, a letter" -' or post card should be sent to the issuing office advising `whether future Invitations for the type of supplies or services covered by this Invitation 'are desired. - 3. WITHDRAWAL OF BIDS. —Bids may be withdrawn by written or telegraphic notice (see 4 below). _ I 4. LATE BIDS. —Bids and modifications or withdrawals 'thereof received after the time set for opening will not be considered, unless they are received before the award is made, and it is determined by the Government that failure to arrive on time was due solely to delay in the mails for which -the-bidder-was not-responsible ------------------- S_ GOVERNMENT - FURNISHED PROPERTY. —No material,,_ ,labor, or facilities will be furnished by the Government unless otherwise- prbvided -for in tfie Tnvifafion. TERMS AND CONDITIONS OF THE INVITATION FOR BIDS EPARATION OF BIDS. (a) Bidders are expected to Act concerning overtime payment, child labor, safety and e the drawings, specifications, Schedule, and all in- health provisions, etc., may be obtained from the Wage ons. Failure• tq do so will beat the bidder's risk. and Hour and Public Contracts Divisions, Department of Each bidder shall furnish the Information required Labor, Washington 25, D. C. Requests for information bid form. The bidder shall print or type his name should state the Invitation number, the issuing agency and, S h d l d h C t• t• Sh t thereof on the supplies covered. 7. DISCOUNTS. —(a) Prompt - payment discounts will be included in the evaluation of bids, provided the period of the offered discount is sufficient to permit payment within such period in the regular course of business under the delivery, inspection, and payment provisions of the Invi- tation and Bid. (b) In connection with any discount offered, time will be computed from date of delivery of the supplies to carrier when delivery and acceptance are at point of origin, or from date of delivery at destination or port of embarkation' when delivery and acceptance are at either of those points, or from date correct invoice or voucher is received in the office specified by the Government if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mail - ing of the Government check. ! 0. AWARD OF CONTRACT. —(a) The contract will be awarded to that responsible bidder whose bid, conforming to the Invitation for Bids, will be most advantageous to the Government, price and other factors considered. (b) The Government reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received. i _ (c) The Government may accept any item or group of items of any bid, unless the bidder qualifies his bid by spe- cific limitations. UNLESS OTHERWISE PROVIDED IN THE SCHEDULE, BIDS MAY BE SUBMITTED FOR ANY QUANTITIES LESS THAN THOSE SPECIFIED; AND THE GOVERNMENT RESERVES THE RIGHT TO MAKE AN AWARD ON ANY ITEM FOR A QUAN. TITY LESS THAN THE QUANTITY BID UPON AT • THE UNIT PRICES OFFERED UNLESS THE BIDDER SPECIFIES OTHERWISE IN HIS BID. (d) A written award mailed (or otherwise furnished) :•to the,succetsful bidder within the time 'for' acceptance specified in the bid shall be deemed to result in a, binding contract without further action by either party. 9. SELLER'S INVOICES Invoices shall be prepared and submitted in quadruplicate unless otherwise specified. Invoices shall contain the following information: Contract and order number (if any), item numbers, description of -- supplies -or servicesi•sizes, quantities, unit prices; and ex- - -tended totals: - Bill of inding number-and weight'of'ship- _.ment.wilL.be shown - for - shipments made on Government bills oY ladinff_ .............................. : __.. IO. DEFINITIONOF SMALL BUSINESS .— Generally,a"all 6. LABOR INFORMATION. Attention is invited to the business concern for the purpose of Government procure - possibility that wage determinations may have been made ment is a concern that (1) is not dominant in its field of under the Walsh- Healey Public Contracts Act providing operation and, with its affiliates, employs fewer than 500 `minimum wages for employees engaged in the manufacture employees, or (2) js certified as a small business concern for sale to the Government of the supplies covered by this by Small Business Administration. • (See Code of Federal Invitation• for Bids. Information in this connection, as Regulations; Title 13, Part 103, as amended, which contains well as general information as to the requirements of the the detailed definition and related procedures.) 2' • a s eoveeese.. reisnxa orrice. nav o -:.eon i i �... .A• i' is ..1) ir. „ ��. _ , 1 W C2wb -4058 RATE: Flat rate per annum - - - - - - - - - - - - - - - - - - - - - - - - - - - - $1594.50 Payment under this contract shall be made at the end of each month. This contract shall be effective as of September 12, 1963, and shall continue in force until further notice, subject to a cancellation privilege by either party upon thirty days' written notice (such notice to be computed from date of mailing), and with the understanding that this contract does not obligate or purport to obligate expenditure of Government funds not appropriated. Standard Form 32, General Provision (Supply Contract), prescribed by the General Services Administration, October, 1957, edition, is attached and made a part of this contract. Quarters are leased under C2wb -1231, which contains no provision for the furnishing of the services listed on Page 1 by the Lessor. The Contractor agrees to accept the nondiscrimination in employment provisions of Section 301, Executive Order 10925, attached hereto, as part of this agreement. i This contract supersedes and stands in lieu of Contract No. C2wb -1236 dated September 26, 1960, which contract is cancelled effective September 11, 1963. ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF SEPTEMBER, 1963: CITY ATTORNEY Standard Form 32 GENERAL PROVISIONS SEPTEMBER 32 EDITION GENERAL SERVICES ADMINISTRATION FED. FROG. REG. (41 CFR) 1- 16.101 (Supply Controct) 1. DEFINITIONS As used throughout this contract, the following terms shall have the meanings set forth below: (a) The term "head of the agency" or "Secretary" means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term "his duly au- thorized representative" means any person or per- sons or board (other than the Contracting Officer ) authorized to act for the head of the agency or the Secretary. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is a properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Con- tracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "subcontracts" includes purchase orders under this contract. 2. CHANGES The Contracting Officer may at any time, by a written order, and without notice to the sureties, make changes, within the general scope of this contract, in any one or more of the following: (i) Drawings, designs, or specifications, where the supplies to be furnished are to be specially manu- factured for the Government in accordance therewith; (ii) method of shipment or packing; and (iii) place of delivery. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accord- ingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of chaltge: Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this 'contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Con- tracting Officer shall have the right to prescribe the man- ner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 3. EXTRAS Except as otherwise provided in this contract, no pay- ment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Con- tracting Officer. 4. VARIATION IN QUANTITY No variation in the quantity of any item called for by this contract will be accepted unless such variation has been caused by conditions of loading, shipping, or packing, or allrwances in manufacturing processes, and then only to the extent, if any, specified elsewhere in this contract. Stand rd Form 32 SEPTEMBER 1961 EDITION 5. INSPECTION (a) All supplies (which term throughout this clause in- cludes without limitation raw materials, components, inter- mediate assemblies, and end products) shall be subject to inspection and test by the Government, to the extent prac- ticable at all times and places including the period of man- ufacture, and in any event prior to acceptance. (b) In case any supplies or lots of supplies are defective in material or workmanship or otherwise not in conformity with the requirements of this contract, the Government shall have the right either to reject them (with or without in. structions as to their disposition) or to require their cor- rection. Supplies or lots of supplies which have been rejected or required to be corrected shall be removed or, if permitted or required by the Contracting Officer, corrected in place by and at the expense of the Contractor promptly after notice, and shall not thereafter be tendered for ac- ceptance unless the former rejection or requirement of cor- rection is disclosed. If the Contractor fails promptly to re- move such supplies or lots of supplies which are required to be removed, or promptly to replace or correct such supplies or lots of supplies, the Government either (i) may by contract or otherwise replace or correct such supplies and charge to the Contractor the cost occasioned the Govern. ment thereby, or (ii) may terminate this contract for de- fault as provided in the clause of this contract entitled "Default." Unless the Contractor corrects or replaces such supplies within the delivery schedule, the Contracting Officer-may require the delivery of such supplies at a reduc- tion in price which is equitable under the circumstances. Failure to agree to such reduction of price shall be a dis- pute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." (c) If any inspection or test is made by the Government on the premises of the Contractor or a subcontractor, the Contractor without additional charge shall provide all rea. sonable facilities and assistance for the safety and conveni. ence of the Government inspectors in the performance of their duties. If Government inspection or test is made at a point other than the premises of the Contractor or a sub- contractor, it shall be at the expense of the Government except as otherwise provided in this contract: Provided, That in case of rejection the Government shall not be liable for any reduction in value of samples used in connection with such inspection or test. All inspections and tests by the Government shall be performed in such a manner as not to unduly delay the work. The Government reserves the right to charge to the Contractor any additional cost of Government inspection and test when supplies are not ready at the time such inspection and test is requested by the Contractor or when reinspection or retest is necessitated by prior rejection. Acceptance or rejection of the supplies shall be made as promptly as practicable after delivery, except as otherwise provided in this contract; but failure to inspect and accept or reject supplies shall neither relieve the Contractor from responsibility for such supplies as are not in accordance with the contract requirements nor im- pose liability on the Government therefor. (d) The inspection and test by the Government of any supplies or lots thereof does not relieve the Contractor from any responsibility regarding defects or other failures to meet the contract requirements which may be discovered prior to acceptance. Except as otherwise provided in this 32 -105 contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. (e) The Contractor shall provide and maintain an in- spection system acceptable to the Government covering the supplies hereunder. Records of all inspection work by the Contractor shall be kept complete and available to the Gov- ernment during the performance of this contract and for such longer period as- may be specified elsewhere in this contract. 6. RESPONSIBILITY FOR SUPPLIES Except as otherwise provided in this contract, (i) the Contractor shall be responsible for the supplies covered by this contract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) after delivery to the Government at the designated point and prior to acceptance by the Government or rejection and giving notice thereof by the Government, the Govern- ment shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the Government acting within the scope of their employment; and (iii) the Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the Government shall be responsible for the loss, or destruction of, or damage to the supplies only if,such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Government acting within the scope of their employment. 7. PAYMENTS The Contractor shall be paid, upon the submission of proper invoices or vouchers, the prices stipulated herein for supplies delivered and accepted or services rendered and accepted, less deductions, if any, as herein provided. Un- less otherwise specified, payment will be made on partial deliveries accepted by the Government when the amount due on such deliveries so warrants; or, when requested by the Contractor, payment for accepted partial deliveries shall be made whenever such payment would equal or ex- ceed either $1,000 or 50 percent of the total amount of this contract. 3. ASSIGNMENT OF CLAIMS (a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the Contractor from the Government under this contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not al- ready paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoff. (The preceding sentence applies only if this contract is made in time of war or national emergency as defined in said Act and is with the Depart- ment of Defense, the General Services Administration, the Atomic Energy Commission, the National Aeronautics and Space Administration, the Federal Aviation Agency, or any other department or agency of the United States designated by the President pursuant to Clause 4 of the proviso of sec- tion 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat. 41.) (b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret; Secret," or "Confidential," be furnished to any assignee of any claim arising under this contract or to any other person not en- titled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any in- formation contained therein may be disclosed, to such as- signee upon the prior written authorization of the Con- tracting Officer. 9. ADDITIONAL BOND SECURITY If any surety upon any bond furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition from time to time as requested by the Government, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the Government and of persons supplying labor or materials in the prosecution of the work contemplated by this contract. 10. EXAMINATION OF RECORDS (The following clause is applicable if the amount of this contract exceeds $2,500 and was entered into by means of negotiation, but is not applicable if this contract was entered into by means of formal advertising.) (a) The Contractor agrees that the Comptroller Gen- eral of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (b) The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly authorized representa- tives shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving trans- actions related to the subcontract. The term "subcon- tract" as used in this clause excludes (i) purchase orders not exceeding $2,500 and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. 11. DEFAULT (a) The Government may, subject to the provisions of paragraph (c) below, by written notice of default to the Contractor, terminate the whole or any part of this contract in any one of the following circumstances: (i) if the Contractor fails to make delivery of the sup- plies or to perform the services within the time specified herein or any extension thereof; or (ii) if the Contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accord- ance with its terms, and in either of these two circum. stances does not cure such failure within a period of 10 days (or such longer period as the Contracting Of- ficer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (b) In the event the Government terminates this con- tract in whole or in part as provided in paragraph (a) of this clause, the Government may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so ter- minated, and the Contractor shall be liable to the Govern- ment for any excess costs for such similar supplies or services: Provided, That the Contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. (c) Except with respect to defaults of subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Con- tractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Gov- ernment in either its sovereign or contractual capacity, `. 2 .� Sfinderd Fo 22 SEPTEMBER 1961 EDITION fires, floods, epidemics, quarantine 'restrictions, 'strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the con - trol and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontrac- tor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be fur- nished by the 'subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. (d) If this contract is terminated as provided in para- graph (a) of this clause, the Government, in addition to any other rights provided in this clause, may require the Contractor to transfer title and deliver to the Government, in the manner and to the extent directed by the Contracting Officer, (i) any completed supplies, and (ii) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called "manufacturing materials ") as the Contractor has specifically produced or specifically acquired for the performance of such part of this contract as has been terminated; and the Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest. Payment for completed supplies delivered to and accepted by the Government shall be at the contract price. Payment for manufacturing materials delivered to and accepted by the Government and for the protection and preservation of property shall be in an amount agreed upon by the Contractor and Contracting Officer; failure to agree to such amount shall be a dispute concerning a ques- tion of fact within the meaning of the clause of this con- tract entitled "Disputes." (e) If, after notice of termination of this contract under the provisions of paragraph (a) of this clause, it is deter- mined that the failure to perform this contract is due to causes beyond the control and without the fault or negli- gence of the Contractor or subcontractor pursuant to the provisions of paragraph (c) of this clause, such notice of default shall be deemed to have been issued pursuant to the clause of this contract entitled "Termination for Con- venience of the Government" and the rights and obliga- tions of the parties hereto shall in such event be governed by such clause. (Except as otherwise provided in this contract, this paragraph (e) applies only if this contract contains such clause.) (f) The rights and remedies of the Government pro- vided in this clause shall not be exclusive and are in addi- tion to any other rights and remedies provided by law or under this contract. 12. DISPUTES (a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall be final and conclusive unless, within SO days from the date of receipt of such copy, the Con- tractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorized repre- sentative for the determination of such appeals shall be final and conclusive unless determined by a court of com- petent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to im- ply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shall be afforded, an opportunity to be heard s>n„d.rd Fu 32 SEPTEMBER 1961 EDITION 3 and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude considera- tion of law questions in connection with decisions provided for in paragraph (a) above: Provided, That nothing in this contract shall be construed as making final the de- cision of any administrative official, representative, or board on a question of law. 13. NOTICE AND ASSISTANCE REGARDING PATENT INFRINGEMENT The provisions of this clause shall be applicable only if the amount of this contract exceeds $5,000. (a) The Contractor shall report to the Contracting Offi- cer, promptly and in reasonable written detail, each notice or claim of patent infringement based on the performance of this contract of which the Contractor has knowledge. (b) In the event of litigation against the Government on account of any claim of patent infringement arisipg out of the performance of this contract or out of the use of any supplies furnished or work or service perforriled hereunder, the Contractor shall furnish to the Government, upon request, all evidence and information in possession of the Contractor pertaining to such litigation. Such evi- dence and information shall be furnished at the expense of the Government except in those cases in which the Con- tractor has agreed to indemnify the Government against the claim being asserted. 14. BUY AMERICAN ACT (a) In acquiring end products, the Buy American Act (41 U.S. Code 10 a-d) provides that the Government give preference to domestic source end products. For the pur- pose of this clause: (i) "components" means those articles, materials, and supplies, which are directly incorporated in the end products; (ii) "end products" means those articles, materials, and supplies, which are to be acquired under this contract for public use; and (iii) a "domestic source end product" means (A) an unmanufactured end product which has been mined or produced in the United States and (B) an end product manufactured in the United States if the cost of the com- ponents thereof which are mined, produced, or manufac- turod in the United States exceeds 50 percent of the cost of all its components. For the purposes of this (a) (iii) (B), components of foreign origin of the same type or kind as the products referred to in (b) (ii) or (iii) of this clause shall be treated as components mined, produced, or manu- factured in the United States. (b) The Contractor agrees that there will be delivered under this contract only domestic source end products, except end products: (i) which are for use outside the United States; (ii) which the Government determines are not mined, produced, or manufactured in the United States in suffi- cient and reasonably available commercial quantities and of a satisfactory quality; (iii) as to which the Secretary determines the domestic preference to be inconsistent with the public interest; or (iv) as to which the Secretary determines the cost to the Government to be unreasonable. (The foregoing requirements are administered in accord- ance with Executive Order No. 10582, dated December 17, 1954.) 15. CONVICT LABOR In connection with the performance of work under this contract, the Contractor agrees not to employ any person undergoing sentence of imprisonment at hard labor. 15. EIGHT -HOUR LAw OF 1912— OVERTIME COMPENSATION This contract, to the extent that it is of a character spec- ified in the Eight -Hour Law of 1912, as amended (40 U.S. Code 324 -326) and is not covered by the Walsh- Healey Public Contracts Act (41 U.S. Code 3545), is subject to the following provisions and exceptions of said Eight- Hour Law of 1912, as amended, and to all other provisions and exceptions of said Law: No laborer or mechanic doing any part of the work con- templated by this contract, in the employ of the Con- tractor or any subcontractor contracting for any part of said work contemplated, shall be required or permitted to work more than eight hours in any one calendar day upon such work, except upon the condition that compen- sation is paid to such laborer or mechanic in accordance with the provisions of this clause. The wages of every laborer and mechanic employed by the Contractor or any subcontractor engaged in the performance of this con- tract shall be computed on a basic day rate of eight hours per day; and work in excess of eight hours per day is permitted only upon the condition that every such laborer and mechanic shall be compensated for all hours worked in excess of eight hours per day at not less than one and one -half times the basic rate of pay. For each violation of the requirements of this clause a penalty of five dollars shall be imposed for each laborer or me- chanic for every calendar day in which such employee is required or permitted to labor more than eight hours upon said work without receiving compensation com- puted in accordance with this clause, and all penalties thus imposed shall be withheld for the use and benefit of the Government. 17. WALSII-HEALEY PUBLIC CONTRACTS ACT If this contract is for the manufacture or furnishing of materials, supplies, articles, or equipment in an amount which exceeds or may exceed $10,000 and is otherwise subject to the Walsh- Healey Public Contracts Act, as amended (41 U.S. C9de 3545), there are hereby incor- porated by reference all representations and stipulations required by said Act and regulations issued thereunder by the Secretary of Labor, such representations and stipula- tions being subject to all applicable rulings and interpreta- tions of the Secretary of Labor which are now or may hereafter be in effect. 13. NONDISCRIMINATION IN EMPLOYMENT (The following clause is applicable unless thia con- tract is exempt under the rules and regulations of the President's Committee on Equal Employment Opportunity issued pursuant to Executive Order No. 10925 of March 6, 1961 (26 FR 1977).) In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, with- out regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the follow- ing: employment, upgrading, demotion or transfer; re- cruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Con- tractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provi- sions of this Nondiscrimination clause. (b) The Contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the Contrac- tor, state that all qualified applicants will receive consid- eration for employment without regard to race, creed, color, or national origin. (c) The Contractor will send to each labor union or rep- resentative of workers with which he has a collective - bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the Contractor's commitments under this Nondiscrimina- tion clause, and shall post copies of the notice in conspic- uous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order No. 10925 of March 6, 1961, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. (e) The Contractor will furnish all information and re- ports required by Executive Order No. 10925 of March 6, 1961, and by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Committee for purposes of investigation to ascer- tain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the Nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, and such other sanctions may be imposed and remedies invoked as provided in the said Executive order or by rule, regulation, or order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. (g) The Contractor will include the provisions of the foregoing paragraphs (a) through (f) in every subcon- tract or purchase order unless exempted by rules, regula- tions, or orders of the President's Committee on Equal Em- ployment Opportunity issued pursuant to section 303 of Executive Order No. 10925 of March 6, 1961, so that such provisions will be binding upon each subcontractor or ven- dor. The Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 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 contracting agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 19. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident com- missioner, 'hall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this con- tract if made with a corporation for its general benefit. 20. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this con- tract upon an agreement or understanding for a commis- sion, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to an- nul this contract without liability or in its discretion to de- duct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 21. UTILIZATION OF SMALL BUSINESS CONCERNS (a) It is the policy of the Government as declared by the Congress that a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. (b) The Contractor agrees to accomplish the maximum amount of subcontracting to small business concerns that the Contractor finds bo be consistent with the efficient per- formance of this contract. * aS COMNNFM PeINnw oFias, 1%1— tr605176 EXECUTIVE ORDER NO. 10925, DATED HARCH 6, 1961, - EFFECTIVE APRIL 6, 1961 PART III - OBLIGATIONS OF GOVERNMENT CONTRACTORS AND SUBCONTRACTORS Subpart A - Contractor's Agreements SECTION 301... "In connection with the performance of work under this contract, the contractor agrees as follows: 11(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The con- tractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; re- cruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contract - ing officer setting forth the provisions of this nondiscrimination clause. +'(2) 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, creed, color, or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or under- ; standing a notice, to be provided by the agency contracting officer, advising the said labor union or workers'•roresentative of the contractor's commitments available to employees and applicants for employment. 11(4) The contractor will comply with all provisions of Executive Order No, 10925 of March 6, 1961, and of the rules, regulations, and relevant orders of the President's Committee on Equal Employment Opportunity created thereby. "(5) The contractor will furnish all information and reports required by Executive Order No. 10925 of March 6, 1961, and by the rules, regulations, and orders of the said Committee, or pursuant thereto, and will permit access to j his books, records, and accounts by the contracting agency and the Committee for purposes of investigation to ascertain compliance with such rules, regula- tions, and orders. 11(6) In the event of the contractor's non - compliance with the pondiscrimina- tion clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 10925 of March 6, 1961, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation or order of the President's Committee on Equal Employment Opportunity, or as otherwise provided by law. 11(7) The contractor will include the provisions of the foregoing paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders or the President's Committee on Equal Employment Opportunity issued pursuant to Section 303 of Executive Order No. 10925 of March 6, 1961, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency 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 contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." CORPUS CHRISTI, TEXAS DAY OF 9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, A OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON • JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.