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HomeMy WebLinkAboutPR 20548: CONTRACT TO AAR, INC., INLAND ENVIRONMENTS, LTS., AND LARK GROUP, INC. FOR ASBESTOS/LEAD ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES City of ort rshu Texas INTEROFFICE MEMORANDUM Office of the Department of Inspections/Code Compliance Demolition Division Date: October 23, 2018 To: Harvey L. Robinson, Interim City Manager Mayor and City Council From: Darlene Thomas-Pierre, Director of Inspections/Code Compliance �, N Re: P.R.NO.20548—AWARDING CONTRACTS TO AAR,INC.,I ND ENVIRONMENTS, LTD.,AND LARK GROUP,INC.FOR ASBESTOS/LEAD ABATEMENT&DEMOLITION OF SIX (6) DANGEROUS COMMERCIAL PROPERTIES LOCATED THROUGHOUT THE CITY COMMENT Nature of the Request: Staff recommends that the City Council adopt P. R. No. 20548 authorizing the City Manager to execute contracts with(1)AAR,Inc. in the amount of$193,800.00 for asbestos/lead abatement and demolition and removal of two(2)dangerous commercial properties located at 701-709 E. Procter Street and 733 E. Procter Street; (2) Inland Environments, LTD in the amount of $40,343.00 for asbestos/lead abatement and demolition and removal of two (2) dangerous commercial properties located at 540-548 E. Rev. Ransom Howard Street (aka 7th Street) and 1101 E. Procter Street; and (3) Lark Group, Inc. in the amount of $12,500.00 for demolition and removal of two (2) dangerous commercial properties located at 1048 E. Procter Street and 2002 Procter Street. StaffAnalysis/Considerations: The Texas General Land Office (GLO) has approved the use of Community Development Block Grant Disaster Recovery funding for the demolition and clearance of commercial properties that were damaged as a result of Hurricane Ike and are now uninhabitable. THIS IS THE FOURTH AND FINAL PHASE OF THE IKE ROUND 2.2 COMMERCIAL DEMOLITION PROJECTS. Bids for asbestos/lead abatement and demolition of six (6) dangerous commercial properties were opened on October 24, 2018. AAR, Inc. is the lowest responsible bidder for the buildings specified above; their bid is$193,800.00,to be completed within thirty-four(34)working days from the date they receive a Notice to Proceed. Inland Environments, Ltd. is the lowest responsible bidder for the buildings specified above; their bid is $40,343.00, to be completed within fourteen (14) working days from the date they receive a Notice to Proceed. Lark Group, Inc. is the lowest responsible bidder for the buildings specified above; their bid is $12,500.00,to be completed within eight(8)working days from the date they receive a Notice to Proceed. Bid award is based on the lowest and most responsive bid. Divine Green Homes, LLC also submitted a bid as detailed in the chart below. The bid tabulation follows. 1 P. R. #20548—ASBESJLEAD/DEMO CONTR.—AAR/INLAND/LARK— 10/23/18 PAGE 2 OF 3 Inland AAR, Inc. Environments, Lark Group, Divine Green Grant Houston,TX LTD Inc. Homes, LLC Mackay Kingwood,TX Warren,TX Cypress,TX Houston,TX 701-709 E. *$118,500.00 $119,927.00 No Bid $482,000.00 No Bid Procter Street 733 E. Procter *$75,300.00 $84,880.00 No Bid $425,000.00 No Bid Street 1048 E. Procter $6,000.00 $6,674.00 *4,800.00 $48,200.00 No Bid Street 1101 E. Procter $22,800.00 *20,363.00 $26,500.00 $71,700.00 No Bid Street 2002 Procter $12,100.00 $10,880.00 *$7,700.00 $35,000.00 No Bid Street 540-548 E. Rev. $21,300.00 *$19,980.00 No Bid $64,400.00 No Bid Ransom Howard Street(aka 7th Street) TOTAL BID $256,000.00 $262,704.00 **$39,000.00 $1,126,300.00 CONTRACT $193,800.00 $40,343.00 $12,500.00 *Successful Bidders **Partial Bid Recommendation: Staff recommends that the City Council adopt P. R. No. 20548 thereby authorizing the City Manager to execute contracts with (1) AAR, Inc. in the amount of $193,800.00 for asbestos/lead abatement and demolition and removal of two (2) dangerous commercial properties located at 701-709 E. Procter Street and 733 E. Procter Street; (2) Inland Environments, LTD in the amount of$40,343.00 for asbestos/lead abatement and demolition and removal of two (2) dangerous commercial properties located at 540-548 E. Rev. Ransom Howard Street (aka 7th Street) and 1101 E. Procter Street; and (3) Lark Group, Inc. in the amount of$12,500.00 for demolition and removal of two (2) dangerous commercial properties located at 1048 E. Procter Street and 2002 Procter Street. Budget Consideration: This project is funded by the Texas General Land Office; funds allocated by U. S. Dept. of HUD through CDBG (GLO Contract # 13-339-000-7653/DRS220148). Acceptance of this recommendation will not require a budget amendment. Funding in the amount of$237,580.21 is available in Account No. 145-1201-532.59-00, Project# I22WP. The bids came in over the GLO remaining budget of $237,580.21; funding in the amount of $9,062.79 is available in Account No. 001-1052-517.59.00 (General Fund; Other Contractual Service). Attachment: Bid Tabulation cc: Ron Burton, Rebecca Underhill, Mary Essex, Clifton Williams 2 P. R. #20548—ASBES./LEAD/DEMO CONTR.—AAR/INLAND/LARK— 10/23/18 PAGE 3 OF 3 STRUCTURES TO BE DEMOLISHED: 701-709 E. PROCTER STREET (DO NOT DISTURB SLAB) 733 E. PROCTER STREET (DO NOT DISTURB SLAB) 1048 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 1101 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 2002 PROCTER STREET—NO ASBESTOS/LEAD 540-548 E. REV. RANSOM HOWARD STREET (AKA 7TH STREET) (DO NOT DISTURB SLAB) "Remember we are here to serve the Citizens of Port Arthur" 3 P. R. NO. 20548 10/23/18 DTP RESOLUTION NO. A RESOLUTION AWARDING CONTRACTS TO AAR, INC. IN THE AMOUNT OF $193,800.00; INLAND ENVIRONMENTS, LTD. IN THE AMOUNT OF $40,343.00; AND LARK GROUP, INC. IN THE AMOUNT OF $12,500.00; AND AUTHORIZING THE EXECUTION OF CONTRACTS FOR ASBESTOS/LEAD ABATEMENT AND DEMOLITION OF SIX (6) DANGEROUS COMMERCIAL PROPERTIES LOCATED THROUGHOUT THE CITY, TO BE CHARGED TO ACCOUNT NO. 145-1201-532.59-00, PROJECT# I22WP ($237,580.21) AND ACCOUNT NO. 001-1052-517.59-00 (GENERAL FUND-OTHER CONTRACTUAL SERVICE - $9,062.79) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby awards a contract for asbestos/lead abatement and demolition of two(2)dangerous commercial properties in the City of Port Arthur,to the best and lowest responsible bidder to-wit: AAR, Inc., as delineated in Exhibit"A"; and, THAT the City Council of the City of Port Arthur hereby awards a contract for asbestos/lead abatement and demolition of two(2)dangerous commercial properties in the City of Port Arthur,to the best and lowest responsible bidder to-wit: Inland Environments,Ltd.,as delineated in Exhibit"A"; and, THAT the City Council of the City of Port Arthur hereby awards a contract for demolition of two (2) dangerous commercial properties in the City of Port Arthur, to the best and lowest responsible bidder to- wit: Lark Group, Inc.,as delineated in Exhibit"A"; and, TI-TAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur an agreement between the City of Port Arthur and AAR, Inc., for the contract price of$193,800.00 (a copy of said contract is attached hereto as Exhibit`B-1"); and, 4 P. R. NO. 20548 10/23/18 DTP THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur an agreement between the City of Port Arthur and Inland Environments, Ltd., for the contract price of$40,343.00 (a copy of said contract is attached hereto as Exhibit`B-2"); and, THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur an agreement between the City of Port Arthur and Lark Group, Inc., lot- the orthe contract price of$12,500.00 (a copy of said contract is attached hereto as Exhibit`B-3"); and, THAT said contracts are duplicates of the standard form Contract previously approved by the City's Legal Department.; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the 30th day of October, A.D., 2018. at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR: Councilmembers: NOES: MAYOR ATTEST: APPROVED AS TO FORM: CITY SECRETARY CITY ATTORNEY 5 P. R. NO. 20548 10/23/18 DTP APPROVED FOR ADMINISTRATION: , / 14 Al: 4. iL. .it!"d CITY MANAGER DI''T OR OF COT,E P CE APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING: eON- DIRECTOR OF FINANCE PUR ' HASING MANAGER 6 v N r-L ) , v 1, 1. N O 4.00 W �1 eo pal .�A cA � cn � c � c cA ° CA� 5 tA � EXHIBIT "A" fr)CD re rt 0 rt IV 0 p iC C C eD r tt fD 4k 0.gD fD [n -- no to ey. 4rms R ,-t: a , _max... p: O AD 4"r 7 -sem, r. Yak>x ::-..,-70 S -„-,s-tpa ,-, ._,-.-,.. ..., -,, .- 4,1„, ..., -..• o" cr w — 0. tv 1.-- 0. ..,, tip 5y c ..--7..•,`-4,,:0 0 41-4M',1 p• 0 Q';. r0 N, e Qs.R CD 0 IZ fC„�„C '-'k_' l, i i.-1-45,f -.:*ctk) ik*"4kv ta, ci, 2.. 4b.dv �±:���� 1�- = L/ F. ' o ICS s' a' • .. i I cia et i� n \.„, \ \ $. S ,..19. , d :a/ / /� '.', of m ho yi' \ VF.:11.1 ' r H 'y /20( eco a o - it Fes, AIN •" ( I r' o (a `".mss'`` �p C4 '�.;41.4;� W ICJ �.'T ' ' ''?"<""fIon ,• H G YI\\\\ 0 jJ ! p; $ ,�yk � xf''''41-.1 d ,? jFj3 ,9,,r-x. \ \ cx _ , 4 {y§ ��' p!'T-. cf1 3 0 y c. t 1 � k:''.66 1. p ,mac ' \ G IN tek © O .b' O r+ G. ,, ©' " a o o. o :. " o el CA 6 be NN f'Jl 0~0 OF-.+ 00 O W (n W 4 C O O O O 0 O • O O o O O C0 0 O 0 0 O CI . eEXHIBIT "A" , o o- .,oo tIli c O pw o N — OD O fy ('•) , tt lt C-J -.1- `O 0. A .\ M 0014 IV •1 b ►mss rt rr Gd; 0 0 0 0 'I e' e e fD n r e n 0 co < - b CCD et, a eD e, ... , yy It -: v) cA CA ° a Z O p I ° ° ►mss C >. o a et) 4. o II, AD Cd ° D CD CCD :, eD - ' f . o ' — et, �a 0 ¢ 4 aro G C7 C7 = v = crg. r:, c• eD eD eD eD n a eD eD y eD fD y ft eD ? 01 o 0 0 0 = p 0cA 0t = 0 0 = O o o o O = r o O r" -sCA 0 o a o R- o o �, � A. OrC. e mg 0 0 F › mob 0 C7 G .1 TAD cr ... O a� m n � ¢ N O O cWn cWn •• ), 0 y o ( - o ... O. 00 7d N .- )"Y !'r N, eD fill o d70 dcn CP o 0 CII FO 69 69 EA 69 69 ls4 0 d k ~ W --.1 A N ao a 0 o N C\ p J N N A n 00 O. C/] Cl..) W O O O C uG vi = (---% _ © O O O O O O 'r I l p O O O 0 c © " O O, 9ov Y Y >. `0 y o o Gm) PP GG y z " .-s- o 4 e, X o 0 0 0 0 2 2 n `C 0 c: c: EXHIBIT"B-I" CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this day of in the year 2018, by and between the City of Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and AAR, Inc., hereinafter designated as the Contractor. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the Work as specified or indicated under the demolition and asbestos/lead specifications of the Owner's Contract Documents entitled: ASBESTOS/LEAD ABATEMENT/DEMOLITION OF TWO (2) COMMERCIAL BUILDINGS 701-709 E. PROCTER STREET (DO NOT DISTURB SLAB) 733 E. PROCTER STREET (DO NOT DISTURB SLAB) The Work is generally described as follows: Asbestos/Lead Abatement and Demolition ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed within thirty-four (34) working days after the date of commencement of the Work. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein, plus any extensions thereof allowed by the City: They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner the sum of $150.00 for each calendar day that expires after the time specified in this Article 2, herein. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s), One hundred, ninety-three thousand, eight hundred dollars and no cents ($193,800.00). ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications, Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. ARTICLE 5. PAYMENT PROCEDURES Payment will be made in full when all of the work is completed and approved by City staff with provision for damages in accordance with Article 2 of this Agreement. 1 EXHIBIT"B-1" ARTICLE 6. NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS The contractor shall comply with State law as to licensing on asbestos abatement and disposal. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF PORT ARTHUR: AAR, INC. Signature By: By: Harvey L. Robinson Printed Name/Title Interim City Manager Attest: Attest: Date: Date: *Demolition Specifications are made a part of and attached hereto. *Asbestos/Lead or Technical Specifications that have been prepared by Total Safety U. S., Inc. are incorporated by reference. 2 ental Cohec �� 0 INCORPORATED "Our Business Cleans Up " 6640 Signat Road — Houston, Texas 77041 713) 466-6800 — Fax 713) 466-4234 Proposal Asbestos Abatement tt Demolition. 6 Commercial Properties 540-548 REV RANSOM HOWARD STREET AND 701-709, 733, 1048, 1101, 2202 EAST PROCTER STREET PROJECT No P19-002 SUBMITTED TO: CITY OF PORT ARTHUR October 2018 Copy "w"+ _. �L Yy i)I"I t'i`hlll' re tas BID AND CONTRACT DOCUMENTS FOR ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES BID DUE: OCTOBER 24, 2018 ç;LO i 11111111 GLO Contract# 13-339-000-7653/DRS220148 This project funded by Texas General Land Office for disaster recovery Funds allocated by U. S. Dept. of HUD through CDBG Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089444 4th Street' Port Arthuf,0T as 77641 1 409.983.8160 I Fax 409.983.8291 AAR INCORPORATED Headquarters www.aarinc.net Central Texas District Office 6640 Signat Road—.Houston,Tx 77041 925 U S 183 North—Liberty Hill,Tx 78642 (713)466-6800—'Fax (713)466-4234 (512)778-6800—Fax(512)778-6815 Proposal Asbestos Abatement & Demolition 6 Commercial Properties 540-548 REV RANSOM HOWARD STREET AND 701-709,733,1048,1101,2202 EAST PROCTER STREET PROJECT NO P19-002 Table of Contents 1. Proposal 2. Bid Bond 3. Affidavit 4. Conflict of Interest Questionnaire 5. Local Opportunity Plan 6. Proposed Breakdown o Contracts o Workforce 7. Statement of Qualifications o Company Overview o Current Projects o Project Experience o Equipment List o Key Personnel o Reference - Bank 8. Certifications 9. Policy of Non-Discrimination on the Basis of Disability 10. Labor Standards and Prevailing Wage Requirements 11. Non-Collusion Affidavit 12. Certification of Proposed Subcontractor Regarding Section 3 &Segregated Facilities 13. House Bill 89 Verification 14. SB 252 Chapter 2252 Certification 15. Appendix o Certificate of Insurance o Texas - Asbestos Abatement Contractor License Table of Contents I. Invitation to Bid IL Bid Info III. Specifications IV. No Bid Form V. Bid Proposal Page VI. Affidavit Page VII. Conflict of Interest VIII. General Conditions IX. Signage Requirement X. Advertisement for Bids XI. Standard Form of Agreement XII. Federal Labor Standards Provisions XIII. Contractor's Local Opportunity Plan XIV. Statement of Bidder's Qualifications XV. Contractor Certifications XVI. Policy of Non Discrimination on the Basis Disability XVII. Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements XVIII. Non Collusion Affidavit of Prime Bidder XIX. Bid Bond XX. Payment Bond XXI. Performance Bond XXII. Attorney's Review Certification XXIII. Title 29-Labor Section 3 XXIV. Certification of Bidder Regarding Section 3 and Segregated Facilities Form XXV. House Bill 89 Verification XXVI. SB 252 Chapter 2252 Certification 2 of 73 DERRICK FORD FREEMAN,MAYOR ' ' HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM or, „ - flaINTERIM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ort rt h u — CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Te vas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK OCTOBER 12, 2018 INVITATION TO BID ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 24, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 24, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-002 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POhNTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinz to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1444 4th Street! Port Arthur,Texas 77641 1 409.983.8160 1 Fax 409.983.8291 3 of 73 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. eg-o&7-it- Gt)z&akta- Clifton Williams, CPPB Purchasing Manager 4 of 73 olum TOTAL SAFETY Building HEROES. Protecting HEROES. August 1, 2018 City of Port Arthur PO Box 1089 Port Arthur, Texas 77640 Attn: Ms. Darlene Thomas-Pierre Ref: Asbestos/Lead Technical Specifications for Demolition of 6 Properties 540-548 Rev. Ransom Howard Street,701-709 E. Procter Street,733 E. Procter Street, 1048 E. Procter Street, 1101 E. Procter Street&2002 E.Procter Street Ike Round 2.2 Commercial Demolition Project Port Arthur,Texas BY: Daniel R. Ward DSHS Consultant License No. 10-5479 Expires: May 11, 2020 iNTRODUCTION AND SCOPE The following technical specifications shall address the proper removal, transportation and disposal of the asbestos-containing materials, lead-based paint and commercial buildings as listed below. The work activities will follow all applicable rules and regulations, including the Texas Department of State Health Services (DSHS), the EPA National Emission Standard for Hazardous Air Pollutants (NESHAP) and the Occupational Safety and Health Administration (OSHA), as applicable. Contractor shall submit the DSHS/EPA required 10 day notification prior to beginning work. All work schedules shall be approved by consultant and City of Port Arthur. Contractor shall supply all water and electricity needed to complete the project. Contractor shall be responsible for collecting toxicity characteristic leachate procedure on lead-based paint waste to determine proper disposal.All results shall be submitted to consultant for approval. 540-548 REV.RANSOM HOWARD STREET Asbestos This project will include the proper removal, transportation, and disposal of approximately 1,300 square feet of asbestos-containing exterior transite siding material. Lead-Based Paint This project will also include the proper removal, transportation, and disposal of grey lead-based paint on exterior wood door frame; white lead-based paint on exterior brick beneath windows; green paint on exterior plaster siding;and white paint on interior wood ceiling. 365 Highway 365,Port Arthur,TX 77640 40g-727-82.27 www.totalsafety.com City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Demolition This project will also include the proper removal, transportation and disposal of "left-in-place" asbestos containing sheetrock joint compound with texture material at the building located at 540-548 Rev. Ransom Howard Street in Port Arthur,Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing material as "Category II friable left in place during demolition" material. Material shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 701-709 E. PROCTER STREET Asbestos See below. Lead-Based Paint See below. Demolition This project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials at the building located at 701-709 E. Procter Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing materials as "Category I & II non-friable left in place during demolition" material. Materials shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 733 E. PROCTER STREET Asbestos See below. Lead-Based Paint See below. Demolition This project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials at the building located at 733 E. Procter Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing materials as "Category I & II non-friable left in place during demolition" material. Materials shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 2 6 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1048 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 1048 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 1101 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 1101 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 2002 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 2002 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. The above named licensed consultant hereby authorizes the Project Manager, Ms. Jennifer Phillips, Mr. Andrew Lee, Mr. Gerald Hebert, Mr. Jordan Bennett, and/or Mr. John Joseph, (DSHS-Licensed Project Managers)to perform the necessary visual inspections as required by DSHS, if applicable. ASBESTOS REMOVAL 3 7 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 GENERAL 1.01 PERSONNEL PROTECTION A. Prior to commencement of work, all workers shall be instructed by the Contractor, and shall be knowledgeable in the appropriate procedures for personnel protection and asbestos removal. B. Contractor acknowledges and agrees that he is solely responsible for enforcing worker protection requirements at least equal to those specified in this Section. C. Contractor shall provide workers with respiratory equipment approved by NIOSH and OSHA for the type of work being performed. Each worker shall be able to show, upon request, dated proof of fit testing performed by qualified personnel for the respirator being used. D. Where respirators with disposable filters are used, provide sufficient filters for replacement as necessary by the workers, or as required by applicable regulations. E. Provide respiratory protection as needed from the time of the first operation involving contact with asbestos-containing materials. Provide respiratory protection until the acceptance of final air test results by Consultant and the completion of containment removal: 1. Provide a minimum of half-face dual cartridge respirators for workers during preparation phases of the work, providing no disturbance of the asbestos- containing material occurs. 2. Provide a minimum of half-face dual cartridge respirators for workers during preparation phases of glove bag-type pipe insulation removal, window/louver unit removal, floor tile and mastic removal, fire door removal, fan-coil unit removal, and exterior caulking/sealant removal, except where these operations are performed in work areas concurrently with abatement activities requiring higher levels of respiratory protection as noted below. 3. Provide a minimum of half-face dual cartridge respirators for workers during all phases of handling and disposal of containerized asbestos-containing waste materials. 4. Provide workers applying spray-applied plastic sheeting with stackable HEPA/ammonia cartridges as applicable. 5. Provide workers using solvents with stackable HEPA/organic vapor cartridges as applicable. 6. Provide a minimum of half-face dual cartridge respirators for workers during all phases of containment removal. F. Contractor shall be solely responsible for scheduling necessary air sampling by an independent testing laboratory for compliance of his respiratory protection with OSHA regulations. Contractor shall pay for all costs associated with such testing. 4 8 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1. Personnel exposure samples collected by or for the Contractor shall be analyzed in accordance with the OSHA reference method (ORM) as detailed in 29 CFR 1926.1101,Appendix A. 2. Ensure that personnel monitoring strategy employed will result in suitable samples for analysis. 3. Arrange for analysis of personnel monitoring samples such that results of analysis are received no later than forty-eight hours following sample collection. 4. Post the results of personnel exposure monitoring at job-site, upon receipt from laboratory. G. Permit no visitors, except for governmental inspectors having jurisdiction, in the work areas after commencement of asbestos disturbance or removal. Provide authorized visitors with suitable respirators and protective equipment. H. Provide workers with sufficient sets of protective disposable clothing, consisting of full body coveralls, head covers,gloves, and foot covers, of sizes to properly fit individual workers. I. Provide workers with rubber boots, hard hats, eye protection, hearing protection, and other protective equipment as needed. J. Leave reusable equipment, apparel and protection devices (excluding respirators) in the contaminated equipment room until the end of the asbestos abatement work, at which time such items shall be disposed of as contaminated waste or decontaminated for reuse. K. Provide authorized visitors with suitable protective disposable clothing, respiratory protection (including suitable replacement filters), headgear, eye protection, footwear and other protective equipment of sizes to properly fit visitors whenever they enter the work area. 1.02 SIGN-IN/OUT LOG A. Contractor shall maintain a sign-in/out log in the immediate vicinity of the clean room of the personnel decontamination units. Maintain sign-in/out logs from the time the first activity is performed until acceptance of the final air test results by the Consultant or Project Manager. Require each individual entering the work areas, including the Contractor's workers, Consultant, Project Manager, and government officials to sign in and out each time upon entering and leaving the work areas. B. Sign-in/out log shall indicate date, printed or typed name, signature, social security number, company or agency represented, and time entering and leaving the work areas. 5 9 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.03 ASBESTOS WASTE LOG A. Contractor shall maintain an asbestos waste log to be completed as asbestos-containing waste is removed from the work areas for transport and disposal. B. Asbestos waste log shall indicate date; description of waste included; number, size and type of waste containers, as applicable, removed from work areas; time of day; and signature of recorder. 1.04 TRAINING PROGRAM A. Provide a training program to instruct personnel on proper respirator use, hazards of asbestos exposure and OSHA asbestos regulations in accordance with the requirements of the model accreditation program (MAP) established by the EPA in Appendix C to 40 CFR 763 (E). B. The Contractor shall provide a training program as often as necessary to train all employees to be utilized on the project. No worker shall be utilized on any portion of the Work until training documentation has been reviewed and accepted by the Consultant or Project Manager. 1.05 GENERAL—ALL JOBS A. Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials to the areas indicated. If additional storage is necessary obtain and pay for such storage off site. B. Contractor's Asbestos Abatement Supervisors shall remain on the job site and in immediate contact with those under their supervision during all periods of asbestos abatement activity. C. During any period of actual abatement of asbestos, an abatement supervisor shall be stationed within the containment area at least 25% of the time for the purpose of supervising the progress of the abatement work. D. All licensed supervisors are responsible for respirator fit testing, personal protection of the workers, safety,security and control of access at the job site. E. Supervisors shall also require that operations at the asbestos job site cease whenever hazardous or unlawful situations are detected, so as to affect a remedy. F. Contractor's employees shall be fully clothed at all times(shirt, pants and shoes). Sandals or other open toe shoes shall not be allowed. G. The Owner will specify locations for water and electrical hook up at the time of mobilization. H. Contractor's employees shall be restricted to the immediate work area at all times. I. Contractor's dumpster for disposal of asbestos waste must be kept locked. Location of the dumpster must be coordinated with the Owner. 6 10 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 J. Fire Safety. At least one fire extinguisher with a minimum National Fire Protection Association rating of 10BC (dry chemical) shall be placed for every 1,000 square feet, or fraction, of containment area. K. Electrical Safety. Ground-fault circuit interrupter (GFCI) units shall be installed on all electrical circuits used within the regulated and containment areas. L. Air Monitoring. Air monitoring shall include personal samples according to 40 CFR Part 763, Subpart G or 29 CFR §1926.1101, baseline sampling, area sampling, and clearance sampling according to §295.58(i). In a public building, a minimum of three baseline sample (minimum volume of 1250 liters) for analysis by PCM must be collected under normal building conditions prior to the disturbance of ACM as part of any abatement activity. Ambient air samples during the project must also be collected for analysis by PCM. All project activities shall be cleared by using aggressive air sampling. For all projects, samples may be collected and analyzed by NIOSH 7400 protocol, counting rules A, Phase-contrast Microscopy(PCM) as amended. Clearance samples shall be collected at a rate of at least 0.5 less than 16 liters per minute on 0.8 micron MCE filters in conducting cassettes with extension cowls. Minimum sample volume will be 1,250 liters. Clearance will be achieved if no sample is reported greater than 0.01 f/cc by the analysis report from the licensed laboratory. Asbestos Hazard Emergency Response Act (AHERA) protocol will be used in schools. M. Contractor shall also meet the specific safety requirements mentioned in the pre- construction meeting. N. Contractor, transporter and disposal site shall meet the licensing and registration requirements of the Department of State Health Service's, Texas Asbestos Health Protection Rules. 0. A licensed asbestos abatement contractor shall perform all work at night or times when tenants are not present in the work area. P. The contractor shall provide the Owner with a work plan including location of decontamination facilities,work location of negative air machines and other equipment, and a schedule of the work. Q. The contractor is responsible for meeting all federal, state, and local laws and regulation, including but not limited to OSHA, EPA, and DSHS requirements. The contractor is responsible for his own OSHA air monitoring. A third party consultant hired by the Owner will provide on-site and clearance monitoring. 1..06 DOCUMENTS A. The following documents shall be posted in a conspicuous spot at the entrance to the regulated area and must not be covered by any other documents: • The asbestos information poster issued by the DSHS; and • Copies of any violations issued by the federal or state asbestos-regulating authorities within the preceding 12 months from any asbestos project. Documents required to be on-site are as follows: 7 11 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 • EPA "Green Book"for O&M work; • 40 CFR Part 61, Subpart M, titles "National Emissions Standards for Hazardous Air Pollutants (NESHAP), November 20, 1990; • 29 CFR 1926.1101, titles, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, October 11, 1994; • 29 CFR 1910.134, titled, "Occupational Health Standards for A Respiratory Protection Program", October 11, 1994;and • Department of State Health Services, Division of Occupational Health, Texas Asbestos Health Protection Rules, September 22, 1994. B. Tape-Shall be glass fiber or other type capable of sealing joints of adjacent sheets of plastic and for attachment of plastic sheet to finished or unfinished surfaces under both dry and wet conditions. C. Surfactant (wetting agent)- shall consist of a mixture of "Dust-Set Amended Water Base" (Matheson Chemical Corporation), or approved equivalent, and water, mixed to manufacture's specifications. D. Sealant (encapsulant) — Shall be manufactured by reputable, established manufacturer of encapsulant/sealant materials and be approved specifically for use in asbestos contaminated environments. It is the responsibility of the Contractor to determine compatibility of the sealant with the materials and existing conditions. E. Impermeable Containers—Shall be suitable to receive and retain any asbestos-containing or contaminated materials until disposal at an approved site and shall be labeled in accordance with applicable regulations. Containers shall be both air and watertight. Two types of impermeable containers: 1. Metal, rigid plastic or fiber barrels with independent tightly fitting lids, lined with six-mil plastic sheeting or bags. 2. Approximately labeled six-mil plastic bags sized to fit within the lined barrels. F. Warning Labels and Signs—Shall be as required by the Department of State Health Services and OSHA 29 CFR 1926.1101 and posted in both English and Spanish. G. Solvents— If used for flooring or other mastic removal, shall demonstrate a flash point of at least 140 degrees F., as appropriately determined, and must be approved by the Consultant or Project Manager prior to bringing it on-site. H. Other Materials — Provide all other materials, such as lumber, nails and hardware, which may be required to construct and dismantle the decontamination systems and the barriers that isolate the work areas. 8 12 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.07 TOOLS AND EQUIPMENT A. Provide suitable tools for asbestos-containing material removal. 1. Water sprayers — Utilize airless or other low-pressure sprayers for amended water application. Pressure washers or sprayers may not be used. ?. Airless sprayer — Use airless sprayer of sufficient capacity to apply spray-applied plastic sheeting or encapsulant in accordance with manufacturer's recommendations. 3. Air purifying equipment (for internal recirculation in the work area) —Shall include NEPA filtration systems and insure that no internal air movement system or purification equipment exhausts contaminated air from inside the work area into uncontaminated areas. 4. Scaffolding and ladders—shall be as required to accomplish the specified work and shall meet applicable safety regulations. 5. Temporary lighting—Shall be suitable for use in wet environments. 6. Transportation —As required for loading, temporary storage, transit and unloading of contaminated waste without exposure to persons or property. Use only enclosed dumpsters, trailers or other transports to haul waste containers to prevent loss or damage of containers in route to landfill. 1.08 REMOVAL OF ASBESTOS-CONTAINING MATERIAL AND DEBRIS A. Remove and properly dispose of all asbestos-containing materials indicated to be removed by the Contract Documents in accordance with federal, state, and local laws and regulations or as more stringently specified herein. B. During any period of actual abatement of asbestos, an abatement supervisor shall be stationed within the containment area at least 25% of the time for the purpose of supervising the progress of the abatement work. 1. Maintain a sign in/out log, as specified previously in this section, in the immediate area of the change room to be signed by every person each time upon entering and leaving work areas. 2. Place in work areas at least one fire extinguisher with a minimum NFPA rating of 10BC (dry chemical) for every 1000 square feet, or fraction, of work area for the duration of abatement and subsequent cleaning activities. Place at least one similar fire extinguisher in vicinity of change room. 9 13 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 C. Exterior Preparation. 1. Restrict access to exterior grounds immediately adjacent to work areas by barrier tape or similar means. 2. Place appropriate warning signs, in English and Spanish, on at least every other window/door opening. 3. Thoroughly wet asbestos-containing materials and debris to be removed prior to stripping or tooling to reduce fiber dispersal into the air. Saturate material sufficiently to wet to the substrate without causing excess dripping. Allow time for water to penetrate material thoroughly. Spray material repeatedly during the work process to maintain a continuously wet condition. 4. Remove the saturated asbestos-containing materials and debris in small sections. Do not allow materials to dry out. As removed, place in barrels, double wrap or bag the materials in sealable plastic bags, six-mil minimum thickness, and place in containers for transport, labeled with the appropriate wording. 5. Provide general clean up of work areas concurrent with the removal of all asbestos- containing materials and debris. Do not permit accumulation of debris. 6. After removal of asbestos-containing materials and debris, all surfaces in the work area shall be wet-cleaned to remove residual accumulated material. Continue wet cleaning until all surfaces are free of visible dust, dirt and debris. 1.09 CLEAN UP AND CLEARANCE TESTING A. Provide general clean up of work areas concurrent with the removal activities. Do not permit accumulation of debris on work area. B. Standard of cleaning for Final Clearance: Consider contained work areas and all other decontaminated and cleaned areas clean when: 1. Surfaces are free from dust, dirt, residue, and debris from abatement operations or other activities subordinate to these operations. 2. Consultant has approved level of cleanliness. 3. Air testing performed by Consultant indicates that the air in the contained/enclosed work areas is acceptable, as specified in this section. 1.!0 DISPOSAL OF ASBESTOS-CONTAMINATED WASTE A. All asbestos abatement waste shall be transported to and disposed of at approved landfills. B. Asbestos-containing waste and debris shall be transported to the landfill double wrapped, double bagged, or in properly lined barrels. Removed debris, pipe insulation, used cleaning tools, towels, protective suits, used plastic sheeting and spray-applied plastic sheeting shall be treated as asbestos-containing waste materials. 10 14 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 C. Temporary storage of asbestos wastes outside the work areas may be utilized only if the proposed area(s) are lined with at least two layers of six-mil plastic sheeting, individually applied, and appropriate warnings are posted. Submit proposed location and procedures for temporary waste storage to the Owner prior to initiating use. D. Remove sealed and labeled containers of asbestos-containing material and waste and transport them for disposal to the specified landfill as follows. 1. line dumpster, trailer or other waste transport with at least two layers of six-mil plastic sheeting, individually applied. Plastic sheeting used to line waste transport containers need not be flame retardant. 2. Notify the Consultant or Project Manager prior to removing each trailer or other waste transport from the project site. 3. Asbestos-containing waste material shall be treated, packaged, labeled, transported, and disposed of in accordance with 29 CFR 1926.1101 (OSHA), 40 CFR 61.150(EPA) and 49 CFR 107 et al., (DOT). 4. Asbestos waste transport shall be limited to approved routes for transport of hazardous materials. Ensure that there are no visible emissions to the outside air from site where materials and waste are deposited. 5. Notify the Consultant or Project Manager immediately of any spill or similar incident involving the transport and disposal of asbestos wastes. E. Alternative methods of transporting asbestos-containing debris will be considered by the Consultant. Do not use alternative methods until reviewed and accepted by the Consultant. 1.11 FIELD QUALITY CONTROL A. The Consultant or Project Manager shall conduct area air monitoring prior to, throughout, and following preparation, removal and cleaning operations. 1. All phase contrast microscopy (PCM) area air samples collected by the Consultant or Project Manager will be analyzed in general accordance with the procedures outlined in the National Institute for Occupational Safety and Health (NIOSH) 7400 Method and also will follow guidelines issued by EPA regarding detection limits. Owner and Consultant reserve the right to analyze air samples by transmission electron microscopy(TEM). 2. Background prevalent level air samples, collected on media for analysis by phase contrast microscopy, will be obtained from representative areas immediately prior to the start of the project and will be analyzed. 3. Background prevalent level air samples, collected on media for analysis by transmission electron microscopy, will, when deemed necessary by the Consultant, be obtained from representative areas immediately prior to the start of the project and will be held for future analysis at the discretion of the Consultant. 11 15 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 4. Area air samples will be collected both inside and outside of work areas. The Contractor is cautioned, however, that should interpretations be made, opinions be formed and conclusions be drawn as a result of examining the test results, these interpretations, opinions and conclusions will be those made, formed and drawn solely by the Contractor. 5. All samples must meet specified clearance levels for the area being tested to be considered clean. Results of PCM air sample analysis shall be reported as the 95 percent upper confidence limit (UCL). a. Final clearance air samples will be of at least 1250 liters of air, collected at a flow rate of at least 0.5 to less than 16 liters per minute on 0.8 micron MCE filters in conducting cassettes with extension cowls. B. Contractor shall wet-clean and HEPA-vacuum areas outside the contained work areas in which elevated airborne fiber concentrations are detected. Indicated airborne fiber concentrations above 0.01 f/cc, or ambient prevalent levels, will be considered elevated airborne fiber concentrations. C. Visual observations will be made by the Consultant or Project Manager after final clean-up and de-mobilization to determine the presence of visible dust, dirt, debris and abatement refuse indicative of improper cleaning and decontamination procedures. LEAD-BASED PAINT REMOVAL GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the abatement of the building. It must be noted, however, that there are special requirements listed in the specifications, which are in addition to these general requirements for abatement, and that it is the responsibility of the Contractor to comply with all particular requirements. A. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. B. The Contractor shall provide all labor, materials, equipment, services, testing, supervision, and incidentals necessary to perform work of lead-based paint abatement under this contract in accordance with the following specifications. After abatement the areas disturbed shall be cleaned in accordance with the procedures outlined below. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions: A. Extreme caution shall be taken when working around any fuel storage areas. HAZARDOUS MATERIALS A. Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations 12 16 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. The following specifications shall apply: 1. Contractors must be familiar with the contents of this document, included bit not limited to the following: • Worker Protection • All types of Lead-Based Paint (LBP)Testing • Measures for control and containment of lead dust and debris • Disposal requirements 2. In addition, the Contractor must be able to substantiate sufficient prior de-leading experience and/or education providing same with the foresight of the prevailing LBP abatement techniques and safety practices contained herein. 3. Contractors should be experienced in building renovation and restoration, guidelines for control and the handling of toxic and hazardous materials and protection of the environment and the health of all occupants and workers, as per applicable EPA, OSHA, and NIOSH regulations. 4. The following methods shall be adhered to during the abatement activities. Any deviation from this list shall require Consultant's prior approval: a) HEPA vacuum visible debris in vicinity of abatement area involving lead paint. b) HEPA vacuum loose lead-based paint on concrete and wash down with a 5% trisodium phosphate solution. c) The Contractor shall perform Toxicity Characteristic Leachate Procedure (TCLP) sampling of the waste stream prior to moving waste containers off site. This activity shall be supervised by the Consultant. Samples shall be analyzed for TCLP by US EPA Method 1311. d) Debris: Collect and properly dispose of lead-contaminated paint chips and debris from the floor and surrounding areas of LBP. B. APPLICABLE REGULATIONS, CODES AND STANDARDS 1. The Contractor shall acknowledge that he is aware of and will maintain strict compliance will all regulations, codes, standards, and ordinances governing the performance of his work. Furthermore, the Contractor shall be responsible for any failure to comply with applicable documents. 2. Applicable documents include but are not limited to the following: a) OSHA 29 CFR 1926.62, Lead Exposure in Construction (Interim Final Rule); b) OSHA 29 CFR 1910.1025, Lead, General Industry; c) OSHA 29 CFR 1910.1200, Hazard Communication; 13 17 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 d) OSHA 29 CFR 1910.134, Respiratory Protection; e) OSHA 29 CFR 1910.145, Specifications for Accident Prevention Signs and Tags; f) OSHA 29 CFR 1926.59, Hazard Communication; g) US HUD, "Lead-Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing", September 1990; h) Lead-Based paint Hazard Elimination; Interim Rule Title 24, Part 35, 905, 941, 965, and 968 of the Code of Federal Regulations;and i) EPA 40 CFR 261,Resource Conservation and Recovery Act(RCRA.) 3. The most current issue of each document shall apply. Where conflict among requirements or with these specifications exists, the more strict or stringent requirement or interpretation shall apply. 4. The Contractor shall provide at least one copy of any applicable EPA, OSHA, State or City regulation, code, or ordinance at the site available for review. 5. Nothing is intended to relieve the Contractor of any responsibility for compliance with state or local laws, ordinances, codes or regulations governing lead-based abatement. Where state and local requirements are more stringent than the Federal regulations, those state and local requirements must be followed by the Contractor. C. NOTICES AND SUBMITTALS 1. Prior to commencing of the work,the Contractor shall provide to the Owner's Representative: a) Assurance that the results of worker medical examinations for blood lead level tests are below OSHA guidelines. b) Material Safety Data Sheets (MSDSs)for products used or stored at the job site. c) Name of testing laboratory to be used for analytical testing of waste materials generated as a result of this project. d) The starting and completion dates of the abatement work. 2. During performance of the work, the Contractor shall provide to the Owner's Representative: a) Test results from analysis of waste materials generated. b) Results of OSHA compliance air sampling conducted on Contractor's employees. c) Daily Log. D. SIGNAGE 1. At least 24 hours before starting removal or handling of lead-painted components, the Contractor shall establish a regulated work area around the contaminated equipment and shall display a warning sign(s), as appropriate. 14 18 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 WARNING LEAD WORK AREA POISON NO SMOKING OR EATING E. CONTROL OF ACCESS No one may enter or remain in a regulated work area at any time during abatement which involves lead paint, unless that person is: 1. The Contractor and his employees. 2. The Owner's Representative's Representative or a state or local enforcement official or his designee. F. WORKER PROTECTION 1. The Contractor shall insure that his employees are protected in accordance with all applicable federal, state and local standards. 2. Initial biological monitoring is required for interim work activities. 3. Workers will wear full body disposable suits with hoods and booties. A TYVEK or similar type of • suit may be worn. Suits will be worn in the work area at all times after the pre-abatement inspection and shall remain in use until the area passes final clearance inspection. Light-weight nylon clothes may be worn under the disposable suit, but these underclothes must be changed before leaving the work area and should be laundered separately. 4. Goggles with side shields will be worn when working with a material that may splash or fragment, or if protective eye wear is specified on the MSDS for that product. 5. Personal hygiene practices by all workers in compliance with applicable regulations shall be enforced by the Contractor: a.) No eating, drinking, or use of tobacco shall be allowed in the work area. The Contractor shall provide a clean space, separated from the work area,for eating and drinking purposes. b.) Disposable clothing, such as TYVEK suits, and other personal protective equipment (PPE) must be donned prior to entering the work area. Disposable suits shall be used once, then shall be properly discarded. c.) All workers must wash upon leaving the work area in a wash facility provided by the Contractor. Wash facility will consist of, at least, running potable water,towels, and a NEPA vacuum. Upon leaving the work area, each worker will wash and dry face and hands, NEPA vacuum clothes, and remove and dispose of the work suit as contaminated waste. 15 19 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 G. CONTROL OF EMISSION AND DUST 1. When handling/abating lead-contaminated building components outdoors, Contractor shall spread a minimum 10 mil polyethylene sheet beneath the work area under the component to be removed. The drop cloth shall extend a minimum of 3 ft.from the wall for every 10 ft. of vertical distance involved in the work. Lateral distance along the wall should match this distance on either side of the work area. 2. Minimize creation of lead-contaminated dust and airborne particles by using methods and procedures that create the least amount of dust. 3. When working with lead-painted surfaces, Contractor shall exercise care to avoid dislodging any flaking paint from the substrate. 4. Plastic drop cloths, contaminated paper towels, and other dust and debris generated during the abatement shall be carefully folded into the plastic sheeting to avoid shaking dust from the surface. Folded plastic sheeting shall be deposited for temporary storage and testing in a disposal bag. H. AIR MONITORING AND INSPECTION 1. The Contractor shall be responsible for compliance air monitoring of his workers, per OSHA regulation and as detailed in the Lead Safety and Health Plan. 2. Personal air samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level shall be collected and analyzed. Air samples should be taken in accordance with NIOSH Method 7082,or equivalent. 3. Worker exposure levels shall be evaluated with respect to the OSHA Action Level (30µg/m3) and the Permissible Exposure Level (50 µg/m3) as 8-hour Time-Weighted Averages. If measured exposure levels exceed the criteria set for respiratory protection and personal protection of workers, the Contractor shall stop work, shall notify the Owner's Representative, shall attempt to correct and control the operation to reduce the elevated contamination dust levels. 4. After Contractor has completed final clean-up, and performed a visual inspection,the Consultant will perform a detailed visual inspection. All surfaces will be examined for the presence of dust or debris, especially flat surfaces. If dust or debris is found, Contractor shall re-clean the entire work area and a repeat of the detailed visual inspection will occur. CLEANING SOLUTIONS 1. Contractor shall provide solution containing at least one ounce of five percent trisodium phosphate per each gallon of water. J. DISPOSAL 1. Disposal bags shall be, as a minimum, individual, 6 mil thick, leak-tight, manufactured polyethylene bags. 2. Polyethylene wrap shall be 6 mil and 10 mil polyethylene sheeting. 16 20 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 3. Disposal drums shall meet US Department of Transportation (DOT) regulations for disposal of respective waste(s)generated. 4. Disposal labels shall identify waste materials (before TCLP testing.) Hazardous wastes shall be identified as such in compliance with RCRA regulations for hazardous materials. K. CLEAN UP OF WORK AREA 1. Clean-up shall be performed by contractor as follows: a. After the abatement work has been completed, remove all debris and dispose of it in designated containers. b. Deposit all lead-contaminated waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing, etc. in double plastic bags, at least 6 mil thick or single 10 mil thick,and seal the bags. c. After vacuum cleaning, phosphate wash concrete surface in the work area with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water. d. After floor washing has dried, HEPA vacuum clean surfaces until no visible residue remains. L. WASTE DISPOSAL 1. The Contractor shall remove daily all lead waste from the work area. 2. The Contractor shall be responsible for removing, controlling, waste materials, all treated as hazardous waste until classification through testing is completed. This includes not only solid wastes but also waste water generated from interim and final clean-up. a. During the actual abatement, the Contractor shall not leave debris in the work area or adjacent property, incinerate debris, dump waste into landfills, or introduce lead- contaminated water into storm or sanitary sewers. 3. For disposal of waste materials, the requirements of the Resource Conservation and Recovery Act (RCRA) as well as applicable state and local solid waste plan requirements shall be complied with. a. Testing of lead-contaminated waste materials per the US EPA's Toxicity Characteristics Leaching Procedure (TCLP)will be conducted. b. If the TCLP results equal or exceed 5.0 mg/I of lead, the waste must be handled as hazardous waste, to be transported to a licensed treatment, storage, and disposal facility (TSDF). c. If the TCLP results are below the regulatory threshold of 5.0 mg/I, the wastes are not considered as being hazardous and can be disposed of as construction debris. d. Results of TCLP testing and analysis will be submitted to the Consultant before disposal of the particular waste stream. e. The following waste materials will be tested to determine whether or not they are hazardous wastes: 17 21 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.) Lead paint chips. 2.) Waste water. 3.) Dust from HEPA filters and from damp sweeping. 4.) Plastic sheets, duct tape, or tape used to cover floors and other services during the abatement activities. 5.) Rags, sponges, mops, HEPA filters, respirator cartridges, scrapers, and other materials used for cleanup. 6.) Disposable work clothes and respirator filters. 7.) Any other items contaminated with lead-based paint. f. Non-hazardous solid wastes shall be placed in double (6 mil) or single (10 mil) polyethylene bags that are air tight and puncture resistant. 1.) The Contractor shall contain and properly dispose of all liquid waste, including lead- dust contaminated wash water. 2.) Exteriors of all containers and disposal bags shall be HEPA vacuumed prior to their removal from the work area and shall be wet wiped. Containers and bags should then be moved into the designated storage area. 3.) The Contractor shall carefully place the containers into a truck or dumpster used for disposal. g. Disposal of Hazardous Waste (as determined by analytical testing): The Contractor shall be required to comply with the RCRA regulations. 1.) Lead-contaminated debris shall not be stored in the work area while awaiting testing and removal. A temporary hazardous waste storage area shall be designated and managed for storage, in compliance with all federal, state, and local regulations. 2.) Waste containers used will comply with EPA and DOT regulations for containers used in storing and hauling hazardous wastes. 3.) If the Contractor is not a certified hazardous waste transporter, a subcontract shall be entered into with a certified transporter to move the hazardous wastes. The third party hauler shall be required to follow RCRA regulations, and all manifestation of the transport and disposal of the hazardous wastes shall be completed and submitted to the Owner's Representative. 4.) Copies of transport and disposal manifests shall be submitted to the Owner's representative for distribution to Owner's Project Management team and Environmental Management and Hazardous Waste Program. 18 22 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 M. POST ABATEMENT SUBMITTALS 1. The Contractor shall provide a total of 5 copies of each submittal. The submittals will be provided to the Owner's Representative for distribution to Owner's Project Management team, and Environmental Management and Hazardous Waste Program. Each set of submittals will be bound using three-hole punch paper. 2. The Contractor shall submit to the Owner's Representative copies of all manifests for the transportation and disposal of solid and hazardous wastes generated. 3. The Contractor shall submit to the Owner's Representative copies of all records indicating that the abatement work has been performed in compliance with applicable regulation and these specifications. BUILDING DEMOLITION PART 1-GENERAL GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: Demolition work includes the complete wrecking of structures and the removal and disposal of all demolished materials. All driveways, parking areas, asphalt, concrete, tire bumpers, signs, sign posts, non City-owned sidewalks, dead trees, brush, etc. shall be removed in their entirety. All work shall be conducted to the satisfaction of the Owner and governing authorities. In addition, the project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials as described above, if applicable, in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose these materials. Building debris shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of this asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Contractor shall submit the EPA required 10 day notification prior to beginning work. SUBMITTALS: Submit proposed schedule and methods and operations of demolition to the Owner for review prior to the start of work. Include in the schedule the coordination for shut-off, capping and continuation of utility services as required. Include any and all correspondence from as acceptable to the governing authorities. 1.12 JOB CONDITIONS Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. The Owner assumes no responsibility for the actual condition of structures to be demolished. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However,variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. Items of salvable value to the Contractor may be removed from the structure as the work progresses. Salvaged items must be transported from the Project Site as they are removed. Storage or sale of removed items on the Project Site will not be permitted. 19 23 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Historic artifacts, including time capsules, cornerstones and their contents, commemorative plaques and tablets, antiques, and other articles of historic significance remain the property of the Owner. Notify Owner's Representative if such items are encountered and obtain acceptance regarding method of removal and salvage for Owner. The use of explosives will not be permitted. Do not bring explosives to the Project Site or use any explosives without the written consent of authorities having jurisdiction. Such written consent will not relieve the Contractor of total responsibility for any injury to persons or for any damage to property due to blasting operations. Perform required blasting complying with governing regulations. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks,and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. Erect temporary covered passageways as required by authorities having jurisdiction. Provide interior and exterior shoring, bracing, or support to prevent movement or settlement or collapse of structure to be demolished and adjacent facilities to remain. Promptly repair damages caused to adjacent facilities by demolition operations at no cost to the Owner. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. The Contractor will disconnect and seal the utilities serving each structure to be demolished, prior to the start of demolition work, upon written request of the Owner. 3.01 DEMOLITION Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. Comply with the governing regulations pertaining to environmental protection. Do not use water in excess when it may create hazardous or objectionable conditions such as ice, flooding and pollution. 20 24 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Consultant or governing authorities. Return adjacent areas to condition existing prior to the start of the work. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. Small structures may be removed intact when acceptable to the Consultant and approved by the authorities having jurisdiction. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. Demolish concrete and masonry in small sections. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. DISPOSAL OF DEMOLISHED MATERIALS: Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. Burning of removed materials from demolished structures will not be permitted on the Project Site. General Demolition Notes 1. Demolish all structures within the property lines including (but not limited to) roof, walls, slab, structural framing, foundation, plants, sidewalks, etc. complete. Use care not to damage adjacent buildings and to confine operations within project limits. Contractor shall remove all debris from site. 2. Demolish and remove below-grade construction and concrete slabs-on-grade. 3. All disturbed areas shall be properly graded after demolition is complete. No ponding shall be allowed to occur. 4. Contractor to take measures to protect trees outside of construction limits. 5. Cut and cap existing gas line. Coordinate work with the gas company. 6. Cut and cap existing sanitary sewer. 7. Contractor shall coordinate shut down of electrical service. 8. Contractor shall protect the storm sewers, contain any runoff and keep adjacent streets and parking lots free of debris, dirt, mud, etc. 9. Structures to remain in place shall be protected from damage during all phases of work. 10. Contractor shall patch and repair all exposed openings or damage due to demolition at no cost to the Owner. 11. Contractor to coordinate the shut-off and capping of utility services as required. 12. Contractor shall be responsible for fencing Work area. 13. Contractor shall field verify the work indicated prior to work. Report discrepancies or concerns immediately to Owner or Owner's representative. 21 25 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 14. Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. 15. The Owner assumes no responsibility for the actual condition of structures to be demolished. 16. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. 17. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. 18. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. 19. Storage or sale of removed items on the Project Site will not be permitted. 20. The use of explosives will not be permitted. 21. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets,walks, and other adjacent occupied or used facilities. 22. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings,structures, other facilities, and persons. 23. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. 24. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. 25. Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. 26. Comply with the governing regulations pertaining to environmental protection. 27. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding and pollution. 28. Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Owner or Owner's Representative or governing authorities. Return adjacent areas to condition existing prior to the start of the work. 29. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. 30. Small structures may be removed intact when acceptable to the Owner or Owner's Representative and approved by the authorities having jurisdiction. 31. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. 32. Demolish concrete and masonry in small sections. 33. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. 34. Break up and remove concrete slabs-on-grade, grade beams and top of concrete footings. 22 26 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 35. Locate demolition equipment throughout the structure and remove materials so as not to impose excessive loads to walls,floors or framing to remain. 37. Grade the surface to meet adjacent contours and to provide flow to surface drainage structures. 38. Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. 39. After grading is complete, the site shall be cleaned of all construction debris 2" in diameter and larger. 40. Burning of removed materials from demolished structures will not be permitted on the Project Site. 41. Contractor shall mow all grass with a finish lawnmower prior to completion of project. SCOPE The scope and purpose of these specifications is to establish certain regulations, general requirements, and particular requirements necessary for the demolition, removal and cleanup of the unsafe, vacant buildings located at the subject addresses as required by the Inspections Department of the City of Port Arthur. PERMITS The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other governmental entities, at his own expense, all necessary general and special permits and pay any and all fees for said permits and any other fees, public or private. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of five hundred dollars ($500). If you opt not to set up an escrow account, you must pay cash or by cashier's check as you dispose. GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the demolition of the building. A. It is understood and agreed that the Contractor/Successful Bidder will function and operate as an independent contractor. Any liability incurred by the Contractor/Successful Bidder will accrue only to that party as an independent contractor and not to the City of Port Arthur or its Consultant. B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the Contractor/Successful Bidder without prior,written approval. No subcontractor will be approved unless that subcontractor meets the same insurance requirements specified for and required of the Contractor. C. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. D. All materials, debris, and rubble from the demolition of the building specified herein will become the property of the Contractor/Successful Bidder. Salvage can only begin immediately prior to the beginning of demolition. E. The Contractor/Successful Bidder will be held responsible for repair of broken or damaged water, gas, or any other type of lines, which occur during the course of the demolition work. The Contractor shall repair or replace, if necessary, to the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas 23 27 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 that may have suffered damage as a result of the Contractor's or any of the subcontractor's operations. The Contractor shall leave these areas in a satisfactory condition. F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. G. All demolition work must be carried out to the satisfaction of the City's Inspections Official. 1. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or failure to make prompt payment therefore. H. If the Contract is terminated as provided above or as provided in the Contract, the City will engage another contractor to complete the work. Payment for the completion of such work will come from funds obligated by the City under its contract with the original Contractor. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions apply specifically to the building located at the subject addresses in Port Arthur,Texas. A. Before the building is demolished, its utilities shall be safely disconnected. The Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have them disconnect the services and remove all meters and equipment belonging to them. Forty-eight (48) hours' written notice must be given the City for termination of their utilities. All piping and wiring shall be properly terminated. Any costs incurred in the termination of utilities and services shall be borne by the Contractor. B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors, windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and the cleaning and removal of all rubbish, trash or other debris that would inhibit or prevent the mechanical mowing of said lot and premises. The building foundation shall be removed. C. Fill,grade and level with clean fill dirt all depressions in the earth which exist on the lot and all ruts or other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. D. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches. E. All sewer lines exposed through demolition work must be cut off within two (2) inches of the surface to the ground or concrete slab and must be plugged with concrete in such a manner as to prevent ground water incursion into the City's sanitary sewer system. F. HAZARDOUS MATERIALS Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. 24 28 of 73 INVITATION TO BID ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? � Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: 29 of 73 CITY OF PORT ARTHUR, TEXAS BID PROPOSAL PAGE BID FOR: Asbestos Abatement&Demolition of 6 Commercial Properties BID DUE DATE: October 24, 2018 NUMBER OF DAYS ITEM # DESCRIPTION TO COMPLETE COST 1 540-548 Rev Ransom Howard Street $ (AKA 7th Street) 4 211 wo. 0° 2 ' $ I IS, OGO. 701-709 E. Procter Street o 3 $. 733 E. Procter Street 14- IS '2-A90. ,v 4 $ �� 1048 E. Procter Street CJS 000. 5 $ 1101 E. Procter Street '22)4 . Uv 6 $ 2202 E. Procter Street 1971�.) loo. T Total ' T$ ) ca),00 AAR Incorporated 6640 Signat Drive COMPANY NAME STREET ADDRESS 73 N/A SIGNATURE OF BIDDER P.O.BOX Dwain Bankston Houston, Texas 77041 PRINT OR TYPE NAME CITY STATE ZIP Vice President 713-466-6800 TITLE AREA CODE TELEPHONE NO dwain@aarinc.net 713-466-4234 EMAIL FAX NO. 30 of 73 • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further a ee to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an.agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. AAR Incorporated 10/22/2018 rErm Name Date L/itis 5 .L Vice President Authorized Sigxaature Title Dwain Bankston 713-466-6800 Name(please print) •Telephone dwain@aarinc.net Email • STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named Dwain Ballston on this the 22nd daY , 91,� .��.,o ,�gtober 2� 18�� -c �&4) -) tary pub to �j/.44TTsr. � t/'S? 999 9 7y RETURN THIS AFFI AA tPAR `OF THE BID PROPOSAL 31 of 73 CONFLICT OF INTEREST QUESTIONNAIRE FORM CLQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Dwain Bankston of AAR Incorporated 4J I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated ' 1 completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer abouf whom the information is being disclosed. None Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No j Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local governmentofficer serves as an officer or director, or holds an ownership interest of one percent or more. None Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 10/08/2018 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usi Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local govemmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission ww'a ethics state tx.us Revised 11:30/2015 33 of 73 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of'Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding federally funded projects. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. 34 of 73 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. 35 of 73 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Demolition, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 IINCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. 36 of 73 The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The 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 by himself or by any 37 of 73 subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. 38 of 73 CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 39 of 73 SIGNAGE REQUIREMENTS SPECIAL CONDITIONS Public buildings, facilities, and centers constructed with TDRA TxCDBG-DRS assistance shall have permanent signage placed in a prominent visible public area with the wording provided below. The formatting of such signage will be at local discretion to best fit the architectural design of the facility constructed but should be legible from at least three(3) feet distance. Other construction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation, demolition, etc. utilizing TDRA TxCDBG-DRS funding shall have temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality as directed by the owner. Project Sign Wording: "This project is funded by the Texas Department of Rural Affairs of the State of Texas, to provide for disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program." Example of Sign OFRo `al HURRiCANE RECOVERY PROJECT ' r 'r • y ,� This project is funded by the Texas Department of r d Rural Affairs of the State of Texas to provide for j* * disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. •Yh 1 l III Funds allocated by the United States Department -- of Housing and Urban Development through the * I I * Community Development Block Grant Program . W W W.T D RA.STAT E.T X. U S The City of Port Arthur will create the sign for the contractor to use. The contractor must return the sign when the project is over. 40 of 73 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, 444 4th Street, or P. O. Box 1089, Port Arthur, Texas, 77641, no later than 10:00 a.m. FRIDAY, OCTOBER 24, 2018; and all bids received will be opened and read aloud on FRLDA Y, OCTOBER 24, 2018 at 10:15 a.m. in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas, for certain services briefly described as: ASBESTOS ABATEMENT & DEMOLITION OF COMMERCIAL PROPERTIES (6) 1. 701-709 E. PROCTER STREET (DO NOT DISTURB SLAB) 2. 733 E. PROCTER STREET (DO NOT DISTURB SLAB) 3. 1048 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 4. 1101 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 5. 2202 PROCTER STREET—NO ASBESTOS/LEAD 6. 540-548 E. REV. RANSOM HOWARD STREET (AKA 7TH STREET) (DO NOT DISTURB SLAB) 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 no less than 5% of total bid, must accompany the bid as a guarantee that, if awarded the contract, the vendor will perform work and execute the Bonds in the forms provided as outlined in the specifications and instructions to bidders. Copies of the Specifications and other Contract Documents can be picked up at in the Purchasing Office,444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gos or yr rr NN.publicpurchase.com. THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND TO WAIVE FORMALITIES. Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. a9za'ami.4- Cliftarf Williams Purchasing Manager FIRST PUBLICATION: OCTOBBER 16, 2018 SECOND PUBLICATION: OCTOBBER 23,2018 GLO Contract# 13-339-000-7653 / DRS220148 This project funded by Texas General Land Office for disaster recovery Funds allocated by U. S. Dept. of HUD through CDBG 41 of 73 CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this day of in the year 2018, by and between the City of Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and , hereinafter designated as the Contractor. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the Work as specified or indicated under the demolition and asbestos specifications of the Owner's Contract Documents entitled: ASBESTOS ABATEMENT/DEMOLITION OF COMMERCIAL BUILDINGS (6) The Work is generally described as follows: Asbestos Abatement and Demolition ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed within U calendar days after the date of commencement of the Work. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein, plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay(but not as a penalty) the Contractor shall pay the Owner the sum of$150.00 for each calendar day that expires after the time specified in this Article 2, herein. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s), and cents ($ ). ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications, Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. 42 of 73 ARTICLE 6.NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS The contractor shall comply with State law as to licensing on asbestos abatement and disposal. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF PORT ARTHUR: CONTRACTOR: Signature By: By: Harvey L. Robinson Printed Name/Title Interim City Manager Attest: Attest: Date: Date: 43 OF 73 Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when the following criteria have been met. (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. 44 of 73 Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of an laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The 45 of 73 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 46 of 73 (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be 47 of 73 permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the David-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause 48 of 73 include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. 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. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor with the same prime contract, or any other 49 of 73 Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat.96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 50 of 73 CONTRACTOR'S LOCAL OPPORTUNITY PLAN _ _A R_Incor,_porated agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the (City/County) of Port Arthur A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (01C), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort G. To insure that all appropriate project area business concerns are notified of pending sub-contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. 1. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implemer tatibn of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives.. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. As officers and representatives of AAR Incorporated , we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program and its provisions. Signature Dwain Bankston Vice President 10/23/2018 Title Date 51 of 73 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Approx. Total Estimated No.to Estimated $ Contracts Dollar Amount local Business Amount Local Business None Self Performed i 1 r ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Total Estimated No. of Positions No. of Positions No. of Positions Classifications Positions Currently Filled not Filled to fill with IUM Residents Heavy Equip Oplprator 2 ( 2 0 0 • skilled Leborea, 6 1 6 0 0 r I I Il 1I I I 1 I I I 1 I I l i Totals g I 8 I 0 I 0 52 of 73 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional Information he desires. Name of Bidder AAR Incorporated Date Or anized: May 1, 1987 g Address: 6640 Signat Dr - Houston, Tx 77041 Date Incorporated May 1, 1987 Number of Years in contracting business under present name 31 years •• CONTRACTS ON HAND: Contract Amount$ Completion Date " a Order Contract 111 11 . 11 1. 1 nut: • _ - . . . 111 111 11 i .•. .• .. - -i - La. a-■ '11 li 11 1 .1 • Asbestos & Lead Abatement, Demolition, Interior De: Type of work performed by your company: Mold Remediation, Soil Excavation & Treatment, Water 'Extraction Have you ever failed to complete any work awarded to you? No Have you ever defaulted on a contract? No List the projects most recently completed by your firm (include project of similar importance): Project Amount$ Mo/Yr CoMpleted University of Houston - Fertitta Center 3,000,000 12/2017 Texas City ISD - (4). Schools SnnJ000 07 2017 Austin ISD - TA Brown. Elementary. • .4.6,000 • 12/20.7 .. Major equipment available for this contract: . See attached Equipment List Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. • Credit available: $ .600,000 . Bank reference: . Post oak.Blank The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any inft rnation requested by the City ©f Port Arthur in verification of the recitals compiling this Statement of Bidder's Q.uaJiftkations. Executed this 23 day of October 2018 . By:(signature) �;,�,,, �rl �,�, Title: Vice President (print name) Dwain Bankston 53 of 73 CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contactor to adopt and abide by equal employment opportunity and affirmative action in their hiring,firing, and promotion practices. This includes practices related to race,color,gender,religion,national origin,disability, and veterans'rights. NAME AND ADDRESS OF BIDDER(include ZIP Code) AAR Incorporated 6640 Signet Drive • Houston, Texas 77041 CERTIFICATION BY BIDDER Bidder has pal ticipated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. ZX Yes 0 No The undersigned hereby certifies that: IX The Provision of Local Training.Employment,and Business Opportunities clause(Section 3 provision)is included in the Contract. A written Section 3 plan(Local Opportunity Plan)was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$100,000). The Non Segregated Facilities clause(Section 109 provision)is included in the Contract. No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. f The Equal Employment Opportunity clause is included in the Contract(if bid equals or exceeds$10,000). %X The Affirmative.Action for Handicapped Workers clause is included in the contract. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246,as amended? ❑ Yes XI No Dwain Bankston, Vice President NAME AND TITLE OF SIGNER(Please type) 10/23/2018 SIGNATURE DATE 54 of 73 SECTION 504 CERTIFICATION POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY The AAR Incorporated does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities. (Name) AAR Incorporated (Address) 6640 Signat Drive Houston, Texas 77041 City State Zip Telephone Number ( 713 ) 466 - 6800 Voice ( } - TDD has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). 55 of 73 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO(appropriate recipient) DATE 10/23/201$ City of Port Arthur PROJECT NUMBER(if any) P19-002 C/O PROJECT NAME Asbestos Abatement & Demolition (6) Commercial Properties Ranson/E Procter-- 1. The.undersigned,having executed a contract with The ('i ty of Pnrt Arthur for the construction of the above-identified project,acknowledges that (a) The Labor Standards provisions are included in the aforesaid contract, (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his subcontractors and any lower tier subcontractors,is his responsibility. 2. He certifies that (a) Neither he nor any firm,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States prrsuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5 (29 CFR,Part 5)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended. (b) No part of the.aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm. corporation,partnership or association in which such subcontractor has a substantial interest is designated as an Ineligible Contractor pursuant to any of the aforementioned regulatory or statutory.provisions. 1 He agrees to obtain and fOnirrard to the aforementioned recipient within ten days after the execution Of any subcontract,including those executed by his subcontractors and any tower tier subcontractors,a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4: He certifies that: (a) The legal name,and the business address of the undersigned are: AAR Incorporate 6640 Signet Drive Houston, Texas 77041 (b) The undersigned 1s: (1)ASINGLE PROPRIETORSHIP (3)A CORPORATION ORGANIZD IN THE STATE OF N/A Texas (2).A PARTNERSHIP (4)OTHER ORGANIZATION(Describe) N/A N/A (s) The name,titleand address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS 6640 Signat Drive Randall Richardson President Houston, Tx 77041 6640 Signat Drive Dwain Bankston • Vice President Houston, Tx 77041 56 of 73 (d) The names and addresses of all other persons having a substantial interest in the undersigned,and the nature of the interest are: NAME ADDRESS NATURE OF INTEREST 6640 Signat Drive Randall Richardson Houston, Texas 77041 Owner 6640 Signat Drive Owner Dwain Bankston Houston, Texas 77041 (e) The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: NAME ADDRESS TRADE CLASSIFICATION None 1 1 1 AAR Incorporated (Contractor) Date 10/23/2018 By Dwain Bankston, Vice President 57 of 73 NONCOLLUSIO,N AFFIDAVIT OF PRIME BIDDER State of Texas County of Harris ) Dwain Bankston , being first duly sworn, deposes and says that: (1) He is Vice President of AAR Incorporated , the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection With such Contract or has in any manner,.directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the city of Port Arthur (Local Public Agency)Or any person interested in the proposed Contract; and (5) The price or prices quoted'in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy; connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) fie/14.,,, &J./4 Dwain Bankston Vice President Title Subscribed and sworn to me this 22- day of October, 2018 sy s N•Ary Public �,"��!!60.r!li3f3�e My commission expires 10/30/2019 m�tij? ;;3O;F rijag, , gf so•........ ew ; f '9 �.1A`` "'s33ie9l;i9ie �° 58 of 73 ZAX13484 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, AAR INCORPORATED as PRINCIPAL, and AXIS INSURANCE COMPANY , as SURETY are held and firmly bound unto CITY OF PORT ARTHUR hereinafter called the "Owner", in the penal sum of FIVE PERCENT OF THE BID AMOUNT Dollars, ($ TBD ?, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated OCT 24,2018 , for ASBESTOS ABATEMENT&DEMOLITION OF 6 COMMFR(IAL PROPERTIES NOW, THEREFOR, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this 22ND day of OCTOBER 7018 , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) AARI 'ORATED 1, (SEAL) AtteBy: I Randall Richardson, Pres. ATnX Corporate Seal Attest: By: Affix Corporate AXIS INSU ANCE COMPANY Seal Attest:00,0,kBy:Ati y!� P Countersigne (IL?) ' By I. "` Attorney-in-Fact, State of ILLINOIS 59 of 73 CERTIFICATE AS TO CORPORATE PRINCIPAL I, Dwain Bankston , certify that I am the AAR Incorporated , Secretary of the Corporation named as Principal in the within bond; that Randall Richarrdsigfed the said bond on behalf of the Principal was then President of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to,for and in behalf of said corporation by authority of this governing body. D i, Corporate ,, +� Seal Dwain-Bankston Title: Vice President/Secretary * Power-of-attorney for person signing for surety company must be attached to bond. 60 of 73 -- — L= •'- . . 4 . 7 " ( i ---- ------ -----_-_. ----. ----, ,------- . r_-----_---. =--T---, ..- ,—,r- --_-__ ._-_–_-- .., ,--,--_- ---- –-=- = - - 0,' -i Mr 'i• -A ----.- __..._ ' --- - •---:= POWER-10F AID:is"PO N 1 ir ;4 tir '' 1-------;- •-L'-`-t•W_N--6903 --- "- — — , • , __ -.... 1 - Know All Men by These Presexits: That AXIS Insurance Company,an Illinois property and casualty company,(the"Compattv")does hereby appoint: -,-- __ — --------- ir___---- a .i , 1", ,L'''..:- NI"..411-'CL" . -= •• - __7- —=--=----- --- V .42614 illPti. tli,P; 11 Williams.Ballay1-20 , „alpiJvfktr,5,bvel*Friel,Maria A...atrrimiecE -naM)-MarBridgeview t Loam . iii N 0,t 2 ----=--t7: -7-.,-_ -= .,-= _, •-=------- = -=---- r11 . . ,, • IF ----_--_ -------_ — = ____ — _ i 4,..:?;„ „ ..,,,F ..,' - - - as its true and lawful Attomey(s)-In-Fact,to make-,execute,seal and deliver for and on its behalf-as surety,bonds and undertakings,such documents to be valid as though executed by the Company on its own behalf. The Company may revoke this appointment at any time. EXCEP'r_1QN:•N.,.....4UTI-12,...Rig is granted to make,eecute,Seal=arid deliver&i ids or undertakings that g,uarante ti e paymeR!or collection of any prcmissory.nnt-P, ev-utette:RoMetlitt* `," • 0,,,-,, Ei, ,21‘-,--- .._.—,..._ .--„._._ ___._—_••—= — .—_ il "h '4,1,i ,,, • '', • Shig•ag.45..e .tbki9taey is Si sealed and Mif&i.MEWie authof70 of resolutio'4,`,:•• 'd knaniriaa_s writte• ,insent'of the MarzWIFAtz---&-s-daglie -,= pany on July 12,2013: — — RESOLVED,that any Vice President,Surety,acting singly,shall have the power and authority to appoint and revoke Attorneys-In-Fact to make,execute, seal and deliver for and on behalf of the Company,as surety,bonds :••undertakings,such documents to be valid astpugh executed by the Company on its aAM own b.ebratrkt tMe terms-and conditiFfthesubjeot Breke E; Agreements. — - .=•----• ' - ' --- " 40.1 — __-:=.=•_.— . lr e li ,,ir;',0.,- IP' _ =– •''!•,-- rill pidloi.,,,,,n-wit- y-aswircs Mrarice Company has cau"s:ed thi ikstILit'nent tdilbe signed atadard7orT.7. sea "1ffixed W duly elected.and eiK ,ed o7.4.1eeti-iig . _ - 5t.1-1-- =--J anifirv_2018.— KS Illk:it ifill'k ____.._ ...:_-__-_,. - __r---- -----==._.__ ---=- lr , 1, ayi 1 dikLefilt 110 AritO5F ,imel•-• - - _ - - Attested and Certified AXIS Insurance4 orntny _ — — —- —----- _=- -. •_L• .--=-. -------=- '' — I ill!4'Ill' iill'r 7:r • et7' fir Al"'' __---- ''------ = —... ..- — .= --- •.r.i.. -= ---...-. --= =. ---=-M- -.------=---;--- -------- '-- . %Mid ale Anew M.Weissert _ _. — 7.- -- , Title: Senior Vice President --- = . . . •- • --=•= . .ir I,• ,r _ - _ , ---'-'-'-iirMYFWIarGM 4' 1, . • T_I_N-UT GM-'aX-r-ON ------- ------- = • - - - 4;11l 1013- (u,tf i, ---_---- •,1,, ".,,[64.'1 114 ,n, ii•it • •,-• Before me personally came Andrew M.Weissert, Senior Vice President of AXIS Insurance Company to me luaown to be the individual and obiticer described herein, who acknowledged that they being duly authorized signed,sealed with the corporate seal and delivered the foregoing instrument by the authority and direction of said Company. ``0111111%i p/ -.T.ESMOITYat - ave hereunto„setAmy 11..e4_1!aa.s1 Er.±1,7-,.----.- 1, !;=iti—M1 seal. 1 1 !, :,441...If, --". --- -- - - = t: ' 11' ai 1, 1, it, 4: IA, ,.,, ;,. ,.. •-.. : Ag -7------- -4t,-------u4-_ - / ,,.„.1,, fii,111 „„,0 +. 1„: ,- -- - , AI- = i = =: Ausi,lc . Notary Public 1; 1......0 c-1.... --..: 4" ':12-20), 0 -.`•.' .- ., .m-ER-rffriesz_ 1-.cm..m_-_ 0,6' OPV ______=. ,_______ ,.._ ____ .._:/-77_,._i7----'6,IN1,11-1-Y,-;'%G:Itia Altsfm —-.=.- --___ ‘1,-.=- 1 0 6 ", 0 - NII ___,_ __,_-_ —_--• , --___, 4•,:• •.„, ..• . _ ,- _=-_,._---___ _,---- -_=--. i.,--Richard Zarandona, Vice President.S &Assistant Secretary of AXES Insurance t'-Ormp any, do hereby certify that the attached er of Attorney dated January 25,2018 on behalf of the person(s)as listed above is a true and correct copy and the same has been in full force and effect since the date thereof arid is in full force and effect on the date of this certificate;and I do further certify that the said Andrew M.Weissert,who executed the Power of Attorney,was a duly elected Vice President,Surety of AXIS laurance Company on the date of the executiongethe attached Power of Attorney. - ,,- 4.1 r - 1*------". = ——— -- ----_ A ,„.•••••.-.- .., _ -- ilm . _ -- - - -- = ;1C' ''' = M ? __M- -ff: -----__M . .= ------1--- $iM. . =--- ----. = = RETha.ve hereuntiMet _•_Mc-3--'7A aNg.ed the corate seal of II' S.Ins'177ane;(17:..ol*.7: y on it.----*-- i , trirogio, ‘4111j.1.411P "' this the t_Lday of (...-)C_fi"--,2018 . - SQ..tWY , C / . i - _ iq .. ii.. 1 1 IllitIrIl'lib r1,, ..-:0 -- _ _—— ____ I , 1,Illiii 0,..semg1 1 4 11 - 111. H 11 r 4,ifF '.;,.pi ,_-__ _-= = —_-= _ = _ ____ ,.. . Iii - -• ----_- ---- = ,_-___- ,,,, . , elqz ,.-,,-._-- 1 ,.-,- -RN•Tard Zararidona — ' I'lllit ---=---• '''' 1"1 1 ' ..e: Vice President Surety •• ••=-.- - .-aM . - l IT --7- _ , _ ;' 411ts, 1'.461,11 — PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of$ Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB- CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 to the SPECIFICATIONS. 61 of 73 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 counter-parts, each on of (Number) which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) 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. 62 of 73 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a hereinafter called Principal, and (Name of Surety Company (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) 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 in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in 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, and 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 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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 to the SPECIFICATIONS. 63 of 73 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) ATTEST: (Surety) 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. 64 of 73 ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Date: Print Attorney's Name: 65 of 73 Copeland Act Regulalions Title 29 — LABOR PART 3 —CONTRACTORS AND Subtitle A — Office of the SUBCONTRACTORS ON PUBLIC Secretaryof Labor BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. minimum wage provisions of the Davis-Bacon 3.1 Purpose and scope Act and the various statutes dealing with 3.2 Definitions Federally-assisted construction that contain 3.3 Weekly statement with respect to payment similar minimum wage provisions, Including of wages those provisions which are not subject to 3.4 Submission of weekly statements and the Reorganization Plan No. 14 (e.g., the College preservation end inspection of weekly payroll records. Housing Act of 1950,the Federal Water 3.5 Payroll deductions permissible without PolluOon Control Act, and the Housing Act of application to or approval of the Secretary 1959), and in the enforcement of the overtime of Labor. provisions of the Contract Work Hours 3.6 Payroll deductions permissible with the Standards Act whenever they are applicable to approval of the Secretary of Labor. construction work. The part details the 3.7 Applications for the approval of the obligation of contractors and subcontractors Secretary of Labor relative to the weekly submission of statements 3.8 Action by the Secretary of Labor upon regarding the wages paid on work covered edpayroll deductions.applications. 3.9 Prohibited pthereby; sets forth the circumstances and 3.10 Methods of payment of wages. procedures governing the making of payroll 3.11 Regulations part of contract. deductions from the wages of those employed on such work; and delineates the methods of AUTHORITY: The provisions of this Part 3 payment permissible on such work. issued under RS. 161,sec.2,48 Stat.§48;Reorg. Plan No. 14 of 1950,64 Stat. 1267,5 U.S.C. Section 3.2 Definitions. Appendix;5 U.S.C.301;40 U.S.C.276c. SOURCE: The provisions of this Part 3 appear As used in the regulations in this part: at 29 F.R.97,Jan.4,1964,unless otherwise noted. (a) The terms building"or'work" generally Include construction activity as Section 3.1 Purpose and Scope. distinguished from manufacturing, furnishing of materials,or servicing and maintenance work. This part prescribes`anti-kickback" The terms indude,without limitation, buildings, regulations under section 2 of the Act of June structures,and improvements of all types, such 13, 1934, as amended (40 U.S.C. 276c), as bridges, dams, plants, highways, parkways, popularly known as the Copeland Act. This streets, subways,tunnels, sewers, mains, part applies to any contract which is subject to powerlines, pumping stations, railways, Federal wage standards and which is for the airports, terminals, docks, piers,wharves, construction, prosecution, completion,or repair `Nays, lighthouses, buoys,jetties, breakwaters, of public buildings, public works or buildings or levees, and canals;dredging, shoring, works financed in whole or in scaffolding, drilling, blasting, excavating, part by loans or grants from the United States. clearing, and landscaping. Unless conducted The part is intended to aid in the enforcement in connection with and at the site of such a of the building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment(whether or not a Federal or State 66 of 73 agency acquires title to such materials, subsidiary or otherwise, and an officer or agent articles, supplies, or equipment during the of such corporation. course of the manufacture or furnishing, cr (g) The term "Federal agency" means owns the materials from which they are the United States, the District of Columbia, and manufactured or furnished) is not a'building" all executive departments, independent or'work"within the meaning of the regulations establishments, administrative agencies, and In this part. instrumentality's of the United States and of (b) The terms "construction," the District of Columbia, including corporations, "prosecution," "completion,' or"repair" mean all all or substantially all of the stock of which Is types of work done on a particular building or beneficially owned by the U nited States, by the work at the site thereof, including, without District of Columbia, or any of the foregoing limitation, altering, remodeling, painting and departments, establishments, agencies, and decorating, the transporting of materials and instrumentality's. supplies to or from the building or work by the 129 FR 97,Jan.4,1964,as amendad at 33 FR 32575.Nov 27, employees of the construction contractor or 1973} construction subcontractor, and the Section 3.3 Weekly statement with manufacturing or i'urniseing of materials, respect to payment of wages. articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (a) As used in this section, the term (c) The terms"public building" or "employee' shall not apply to persons in "public work" include building or work for classifications higher than that of laborer or whose construction, prosecution, completion, mechanic and those who are the immediate or repair, as defined above, a Federal agency supervisors of such employees. (b) Each contractor or subcontractor is a contracting party, regardless of whether engaged in the construction, prosecution, title thereof Is Ina Federal agency. completion, o,repair :f airy public b::Elding or (d) The term °building or work financed in whole or in part by loans or grants from the public work, or building or work financed in Unites States" includes building or work for whole or in part by loans or grants from the whose construction, prosecution, completion, United States, shall furnish each week a or repair, as defined above, payment or part statement with respect to the wages paid Bach payment is made directly or indirectly from of its employees engaged on work covered by funds provided by loans or grants by a Federal 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be agency. The term includes building or work for which the Federal assistance granted is in the executed by the contractor or subcontractor or • form of loan guarantees or insurance. by an authorized officer of employee of the (e) Every person paid by a contractor contractor or subcontractor who supervises the or subcontractor in any manner for his labor in payment of wages, and shall be on form WH the construction, prosecution, corn pletion, or 348, "Statement of Compliance,' or on an repair of a public building or public work or identical form on the back of'NH 347, "Payroll building or work financed in whole or in part by (For Contractors Optional Use)"or on any form loans or grants from the United States is with identical wording. Sample copies of WH 347 and 'NH 348 may be obtained from the "employed" and receiving "wages," regardless Government contracting or sponsoring agency, of any contractual relationship alleged to exist and copies of these forms may be purchased between him and the real employer, at the Government Printing Office. (f) The term "any affiliated person" includes a spouse, child, parent,or other close (c) The requirements of this section shall not apply to any contract of$2,000 o r relative of the contractor or subcontractor; a partner or officer of the contractor or less. subcontractor; a corporation closely connected (d) Upon a written finding by the head with the contractor or subcontractor as parent of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, 67 of 73 tolerances, and exemptions from the (a) Any deduction made In compliance requirements of this section subject to such with the requirements of Federal,State, or conditions as the Secretary of Labor may local law, such as Federal or State withholding specify. income taxes and Federal social security {29 F.R.95,Jan,4,1964,as amended et 33 F.R.10i86,qui; taxes. 17, 1556} (b) Any deduction of sums previously Section 3.4 Submission of weekly paid to the employee as a bona fide prepayment of wages when such prepayment statements and the preservation and is made without discount or interest. A`bona inspection of weekly payroll records. fide prepayment of wages' is considered to have been made only when cash or its (a) Each weekly statement required equivalent has been advanced to the person under§3.3 shall be delivered by the contractoi employed in such manner as to give him or subcontractor,within seven days after the complete freedom of disposition of the regular payment date of the payroll period, to a advanced funds. representative of a Federal or State agency In (c) Any deduction of amounts required charge at the site of the building or work, or if by court papoose to be paid to ^other, uriesr, there is no representative of a Federal or State the deduction is in favor of the contractor, agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor or any affiliated person, or when subcontractor,within such time, to a Federal or collusion or collaboration exists. State agency contracting for or financing the (d) Any deduction constituting a building or work. After such examination and contribution on behalf of the person employed check as may be made, such statement, or a to funds established by the employer or copy thereof, shall be kept available, or shall representatives of employees, or both, for the be transmitted together with a report of any purpose of providing either from principal or .r!c!atian, in accordance with epY!icabl income, or both, medical or hospital care, procedures prescribed by the United States pensions, or annuities on retirement, death Department of Labor. benefits,compensation for injuries, illness, (b) Each contractor or subcontractor accidents, sickness, or disability, or for snail preserve his weekly payroll records for a insurance to provide any of the foregoing, or • period of three years from date of completion unemployment benefits, vacation pay, savings of the contract. The payroll records shall set accounts, or similar payments for the benefit of out accurately and completely the name and employees, their families and dependents: address of each laborer and mechanic. his Provided, however, That the following correct classification, rate of pay, daily and standards are mat: (1)The deduction is not weekly number of hours worked, deductions otherwise prohibited by law; (2) it Is either: (I) made, and actual wages paid. Such payroll Voluntarily consented to by the employee in records shall be made available at all times for writing and in advance of the period in which inspection by the contracting officer or his the work is to be done and such consent is no! authorized representative, and by authorized a condition either for the obtaining of or for the representatives of the Department of Labor, continuation of employm ant, or(ii) provided for in a bona fide collective bargai ning agreement Section, 3.5 Payroll deductions between the contractor or subcontractor and permissible without application to or representatives of its employees; (3) no profit approval of the Secretary of Labor. or other benefit is otherwise obtained,directly or indirectly, by the contractor or subcontractor Deductions made under the circumstances or or any affiliated person in the form of in the situations described in the paragraphs of commission, dividend. or otherwise; and( ) this section may be made without application the deductions shall serve the convenience to and approval of the Secretary of Labor: and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps 68 of 73 and Bonds when voluntarily authorized by the such consent is not a condition either for the employee. obtaining of employment or its continuance;or (f) Any deduction requested by the (2)provided for in a bona fide collective employee to enable him to repay loans to or to bargaining agreement between the contractor purchase shares in credit unions organized or subcontractor and representatives of its and operated in accordance with Federal and employees. State credit union statutes. (36 F.R.9770,May 28.1971.) (g) Any deduction voluntarily authorized by the employee for the making of Section 3.6 Payroll deductions contributions to governmental or quasi- permissible with the approval of the governmental agencies. such as the American Secretary of Labor. Red Cross. (h) Any deduction voluntarily Any contractor or subcontractor may apply to authorized by the employee for the making of the Secretary of Labor for permission to make contributions to Community Chests, United any deduction not permitted under§3.5. The Givers Funds, and similar charitable Secretary may grant permission whenever he organizations. finds that (1) Any deductions to pay regular union (a) The contractor, subcontractor, or initiation fees and membership dues, not any affiliated person does not make a profit or including fines or special assessments: benefit directly or Indirectly from the deduction Provided, however, That a collective either In the form of a commission,dividend, or bargaining agreement between the contr actor otherwise: or subcontractor and representatives of its (b) The deduction is not otherwise employees provides for such deductions and prohibited by law; the deductions are not otherwise prohibited by (c) The deduction is either(1) law. voluntarily consented to by the employee in (j) Any deduction not more than for the writing and in advance of the period in which "reasonable cost"of board, lodging, or other the work is to be done and such consent is not facilities meeting the requirements of section a condition either for the obtaining of 3(m)of the Fair Labor Standards Act of 1938, employment or its continuance, or(2)provided as amended, and Part 531 of this title. When for in a bona fide collective bargaining such a deduction is made the additional agreement between the contractor or records required under§516.27(a) of this title subcontractor and representatives of its shall be kept. employees;and (k) Any deduction for the cost of safety (d) The deduction serves the equipment of nominal value purchased by the convenience and interest of the employee. employee as his own property for his personal protection in his work, such as safety shoes, Section 3.7 Applications for the approval safety glasses, safety gloves, and hard hats, if of the Secretary of Labor, such equipment is not required by law to be furnished by the employer, if such deduction is Any application for the making of payroll not violative of the Fair Labor Standards Act or deductions under §3.6 shall corn ply with the prohibited by other law, if the cost on which the requirements prescribed in the following deduction Is based does not exceed the actual paragraphs of this section: cost to the employer where the equipment Is (a) The application shall be in writing purchased from him and does not include any and shall be addressed to the Secretary of direct or indirect monetary return to the Labor. employer where the equipment is purchased (b) The application need not identify from a third person, and if the deduction is the contract or contracts under which the work either(1)voluntarily consented to be the in question Is to be performed. Permission will employee in writing and in advance of the be given for deductions on all current and period in which the work is to be done and future contracts of the applicant for a period of 69 of 73 1 year. A renewal of permission to make such Section 3.11 Regulations part of contract. payroll deduction will be granted upon the submission of an application which makes All contracts made with respect to the reference to the original application, recites the construction, prosecution, completion, or repair date of the Secretary of Labor's approval of of any public building or public work or building such deductions, states affirmatively that there or work financed in whole or In part by loans or is continued compliance with the standards set grants from the United States covered by the forth In the provisions of§3.8, and specifies regulations in this part shall expressly bind the any conditions which have change d in regard contractor or subcontractor to comply with to the payroll deductions. such of the regulations in this part as may be (38 F.R.8770,May 28,1971.} applicable. In this regard, see§5.5(a) of this (c) The application shall state subtitle. affirmatively that there is compliance with the standards set forth in the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shalt include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6;and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. Section 3.1i Methods cf payment of wages. The payment of wages shall be by cash, negotiable instruments payable on dem and, or the additional forms of compensation for,.,/hich deductions are permissible under this part. No other methods of paym ent shall be recognized on'•dork subject to the Copeland Act. 70 of 73 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES AAR Incorporated Asbestos Abatement & Demolition Name of Prime Contractor (6) Commercial Properties Rev Ransom Howard St & E Procter Project Name &Number p19-002 - The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract, (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$10,000), and (c) No segregated facilities will be maintained Dwain Bankston, Vice President Name&Title of Suer(Print or Type) 10/23/2018 Signature Date 71 of 73 House Bill 89 Verification Dwain Bankston (Person name), the undersigned representative (hereafter referred to as "Representative") of AAR Incorporated (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. /7/4/41A. ✓1A. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 8 day of October , 20 18 . ad -ON B.• ;OG '� t� ��n�PUf✓ f o � c 1• ;=• .- r\- ' cr./..(P 91//;. I'� s :1;„ tary.Public 0 - PIPE3 ,ifb?i:is'ra00 SB 252 CHAPTER 2252 CERTIFICATION I Dwain Bankston , the undersigned n representative of AAR Incorporated (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Dwain Bankston Name of Company Representative (Print) A-LA Signature of Company Representative 10/08/2018 Date �CQ DATE{MMrDDmm) ® L CERTIFICATE OF LIABILITY INSURANCE 02/27!2018 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS .<TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME SHAWN WYATT THE WYATT AGENCY (A/cc,No,Exp:936-291-3074 tC,No):936-291-1217 1300 11TH STREET ADDRESS:ARGOI @SB CG LOBAL.N ET SUITE 305-E INSURER(S)AFFORDING COVERAGE NAIL S HUNTSVILLE,TX 77340 INSURER A: ARCH SPECIALTY INSURANCE COMPANY 21199 INSURED INSURER B: PROGRESSIVE COUNTY MUTUAL INS.CO. 29203 AAR, INC. INSURER C: TEXAS MUTUAL INS.CO. 22945 6640 SIGNAT INSURER D: HOUSTON,TX 77041 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 100034 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTRWR ADDL SUBR POLICY EFF POLICY EXP LIMkTS TYPE OF INSURANCE /NSD VD POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY 12 EMP 05242 04 3/1/18 3/1/19 EACH OCCURRENCE $ 1,000,000 PRESEOaoccurrence) CLAIMS-MADE X OCCUR DAMAGE TO $ 50,000 X ASBESTOS/LEAD/MOLD MED EXP(Any one person) $ 5,000 X POLLUTION LIABILITY PERSONALS ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEIT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 _ OTHER: B AUTOMOBILE LABILITYEOa a dep)INGLE LIMIT $ 1,000,000 02895486-2 3/1/18 3/1119 ( X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIREDTOS ONLY X AUTO ONEY ROPERTY DAMAGE $ AU (Per accident) $ A_. X UMBRELLA UAB X OCCUR 12 EMX 05243 04 3/1/18 311/19 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 X DED RETENTION$ $ WORKERSCOMP cA;EITUN 0001265328 3/1/18 3/1/19 X STATUTE I _EORH- C AND EMPLOYERS'LIABILITY Y!N ANY PROPRIETOR/PARTNER/EXECUTIVEY N/A E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE•EA EMPLOYEE $ 1,000,000 ff yes.describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 _ A 12 EMP 05242 04 3/1/18 3/1/19 $1,000,000 OCCURRENCE PROFESSIONAL LIABILITY $2,000,000 AGGREGATE CLAIMS MADE FORM DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) FOR INFORMATION AND BIDDING PURPOSES ONLY CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR INFORMATION AND BIDDING PURPOSES ONLY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE`SENTATIVE -1988-2015 Ag0R139 RPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 0 wy ,._ ccs o A ti tts, M . g W fi b -Si o L '"4: ta o a � w o Ls I.IZI Li '.4.1,� laIm a ti (.T.) Ci CS F LL .....{ 4 5 ,S ..-5. ,-- 0 z L. i' • LI "%J,Y% ✓.iiicip 1:44 C H ,?L.,0L�/b' ,l I..1 0 4 C U 3 to cOt o ; i ki > oa U C O ?tit O 8 � COTS r, z m a) o U b a0 0 CID -Z r. CD A r"' O cn b4 4 a tIJ 174 y .B W v L k. �� /'1 a U -4, a] d 1 O 44 Emi' E?:' *.‘ Pi• 0 ic_ptviti1jjII z CC * 11 Uo C D N N C- 511 g...... t.': '.2 z. ii AAR INCORPORATED Headquarters www.aarinc.net Central Texas District Office 6640 Signat Road-Houston,Tx 77041 925 U S 183 North-Liberty Hill,Tx 78642 (713)466-6800^-Fax(713)466-4234 (512)778-6800'-Fax(512)778-6815 Company Overview LEGAL OPERATING NAME: AAR Incorporated HEADQUARTERS: 6640 Signat Road Houston, Texas 77041 BUSINESS No.: 713)466-6800 FAX No: 713) 466-4234 E-MAIL ADDRESS: mail@aarinc.net CENTRAL TX DISTRICT OFFICE: 925 US 183 North, Suite B Liberty Hill, Texas 78642 BUSINESS No.: 512) 778-6800 Fxx No: 512) 778-6815 E-i�LJIL ADDRESS: bpost@aarinc.net WEBSITE: www.aarinc.net DATE INCORPORATED: May 1, 1987 STATE OF INCORPORATION: Texas TYPE OF BUSINESS: Corporation YEARS IN BUSINESS: 31 years YEARS UNDER NAME: 31 years TAX ID NUMBER: 76-0219081 OFFICERS: Randall Richardson,President Dwain Bankston,Vice President 3018 Deeds Road 22980 Nicholas Sawmill Houston, Texas 77084 31 years Hockley, Texas 77447 25 years NUMBER OF EMPLOYEES CURRENTLY: 100 + WORKED PERFORMED BY OWN FORCES: Asbestos&Lead Abatement, Packaging&Disposal Mold Remediation Demolition PCB Clean-up Infection Control Soil Excavation&Treatment Interior Demolition Water Extraction& Drying LABOR FORCES: Non-Union AAR INCORPORATED Headquarters www.aarinc.net Central Texas District Office 6640 Signat Road- Houston,Tx 77041 925 U S 183 North—Liberty Hill,Tx 78642 713)466-6800 - Fax 713)466-4234 512)778-6800 — Fax 512)778-6185 Current Projects City of Houston Lead Project LEAD Houston,Texas OWNER: City of Houston-Office of Housing and Urban Development CONTACT: Velva Martinez 832)393-5156 BONDED: No CONTRACT: $250,000 START DATE: April 1997 SCHEDULED COMPLETION: Ongoing City of Houston Task Order Contract Dangerous Bldgs ASBESTOS,LEAD,MOLD ABATEMENT/DEMOLITION/SOIL REMEDIATION OWNER: City of Houston CONTACT: Gabriel Mussio 832)393-8079 BONDED: No CONTRACT: $2,000,000 START DATE: April 2012 SCHEDULED COMPLETION: June 2023 University of Texas Medical Branch @ Galveston ASBESTOS ABATEMENT/DEM0Lm0N/ INTERIOR Gut Galveston,Texas OWNER: The University of Texas Medical Branch @ Galveston CONTACT: Paul Graham 409)772-3500 CONSULTANT: Total Safety/ICU Environmental 409) 727-8227 BONDED: Yes CONTRACT: $6 Million START DATE: July 2004 SCHEDULED COMPLETION: Ongoing Inwood Manor Condominiums ASBESTOS ABATEMENT Houston, Texas OWNER: Inwood Manor Condominiums CONTACT: Mark Perterson 713)622-6044 CONSULTANT: JK Incorporated 713) 664-1597 BONDED: No • CONTRACT: $217,000 START DATE: January 2017 SCHEDULED COMPLETION: January 2019 Vista on Gessner Apartments ASBESTOS ABATEMENT Houston, Texas OWNER: Dalcor Gessner LTD CONTACT: Dan Yeager 972)769-2002 CONSULTANT: Daniel Penaloza 832) 552-3122 BONDED: No CONTRACT: $1.9 Million START DATE: February 2018 SCHEDULED COMPLETION: February 2019 Goodyear Houston Plant- Hurricane Harvey Recovery ASBESTOS ABATEMENT Houston, Texas OWNER: The Goodyear Tire&Rubber Company CONTACT: Mario Gnzman-Cotton Restoration 281)979-9958 CONSULTANT: Loflin Environmental 713) 521-3300 BONDED: No START DATE: October 2017 SCHEDULED COMPLETION: November 2018 1801 Smith Street ASBESTOS ABATEMENT Houston, Texas OWNER: Stream Realty Partners CONTACT: Chase Crawford 713) 599-6321 CONSULTANT: QC Laboratories Inc 713) 695-1133 BONDED: No START DATE: May 2017 SCHEDULED COMPLETION: December 2018 City of Austin Flood Mitigation Buyouts ASBESTOS ABATEMENT/DEMOLITION Austin, Texas OWNER: City of Austin CONTACT: Darryl Haba 512) 974-7154 CONSULTANT: Terracon 512)442-1122 Jenkins Environmental 512)708-9390 BONDED: No CONTRACT: $2,809,000 START DATE: July 2017 SCHEDULED COMPLETION: July 2020 Aldine ISD- Francis &Johnson Elementary Schools ASBESTOS ABATEMENT/DEMOLITION Houston, Texas OWNER: Aldine Independent School District CONTACT: Jose Penaherrera 281)985-6373 CONSULTANT: Honesty Environmental 713) 856-5354 BONDED: No CONTRACT: $830,000 START DATE: October 2018 SCHEDULED COMPLETION: January 2019 I C°It:r°HATED Headquarters www.aarinc.net Central Texas District Office 6640 Signat Road—Houston,Tx 77041 925 U S 183 North—Liberty Hi11,Tx 78642 (713) 466-6800—Fax (713)466-4234 (512) 778-6800—Fax(512) 778-6815 EXPERIENCE - COMPLETED PROJECTS - 1999 - 2018 A partial list of projects completed by AAR INCORPORATED is representative of the work we have performed. A brief description of each project is provided. We would be pleased to supply you with additional information concerning our involvement at your request. University of Texas Medical Branch @ Galveston and Sealy & Smith Foundation Galveston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing TSI pipe,sheetrock,duct mastic,floor tile&mastic,transite and pipe fittings in various buildings throughout the UTMB/Sealy complex. Emergency Response following Hurricane Ike. Infection Control, Mold Remediation, Interior demolition and Demolition of multiple floors/buildings throughout UTMB complex. OWNER: University of Texas Systems CONTACT: Paul Graham pa.graham@a,utmb.edu (409)772-3500 Randy Wev-Sealy& Smith (713)729-2533 CONTRACT: $6 Million+ CONSULTANT:Total Safety—UTMB dward@totalsafetv.com (409)727-8227 Start: July 2004 Completion: Ongoing Texas A&M — Kyle Field, Reed, Netum Steed & G Rollie White Building College Station, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile&mastic,cement panels,pipe insulation, HVAC duct insulation mastic and floor tile&mastic on concrete slab. OWNER: Texas A&M University CONTACT: Paul Hawryluk — -------- (979)`458 7-0.84 CONTRACT: $750,000 CONSULTANT: Austin Environmental (979)778-3725 Start: October 2014 Completion: December 2014 University of Houston - Fertitta Center Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing—33,000 floor tile& mastic, 133,000 sheetrock and 2,900 TSI including interior demolition over a 9 month time span. OWNER: University of Houston CONTACT: Dushyant"Dash"Khambhati (713)743-3207 CONTRACT: $3 Million CONSULTANT: EFI Global (832)518-5145 Start April 2017 Completion: December 2017 BP Westlake Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile&mastic,water restoration&Mold Remediation following Hurricane Harvey. OWNER: BP CONTACT: Jeff Wilson (281)366-2000 CONTRACT: $2 Million CONSULTANT: EFI Global (832)518-5145 Start: August 2017 Completion: December 2018 HPA Turning Basin Terminal Phase 2 Houston, Texas DESCRIPTION: Removal, transportation and disposal of asbestos containing plaster texture,transite roofing, silver mastic, window caulk/glazing, roof felt paper, HVAC vibration cloth, exterior flashing @ windows, floor tile&mastic, fire doors,drywall,ceiling texture, sink undercoating,&exterior expansion joint caulking. OWNER: Houston Port Authority CONTACT: Don Smith (713)670-2530 CONTRACT: $884,000 CONSULTANT: Southern Global Safety Services (281)331-3667 Start: August 2016 Completion: October 2016 University of Houston - Agnes Arnold Hall Houston, Texas DESCRIPTION: Removal, transportation and disposal of asbestos containing-44,000 fire proofing and 3,000 TSI pipe over a 6 month time span. OWNER: University of Houston CONTACT: Ed Hughes (713)982-3250 CONTRACT: $566,000 CONSULTANT: Terracon (713)690-8989 Start: July 2017 Completion: December 2017 Spring Branch Medical Center Houston, Texas DESCRIPTION: Removal,transportation and disposal of-43,500 Square Feet of asbestos containing floor tile and mastic. Demolition of a 298,000 SF 7-story hospital building and foundation. Site graded to drain upon completion of demolition. OWNER: Blackswan Investment Partners CONTACT: Johnny King jkincablackswanrep.com (713)526-9810 CONTRACT: $750,000 CONSULTANT: Loflin Environmental (713)521-3300 Start: November 2014 Completion: March 2015 Harris County - Astrodome 7th & 9th Floors Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing fireproofing,block walls,pipe insulation and sheetrock. OWNER: Harris County CONTACT: Dan Reissig (713)755-8179 CONTRACT: $1,556,000 CONSULTANT: PSI (713)224-2047 Start: September 2014 Completion: January 2015 SHSU - King Hall Huntsville, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing-34,464 SF of floor tile &mastic,-33,554 SF of ceiling texture and -4,210 LF of pipe insulation of a school dormitory. Demolition consisted of -36,000 SF 4 story dormitory building and foundation. Site was then graded to drain upon completion of demolition. OWNER: Sam Houston State University CONTACT: Michael Lampson mj1014@shsu.edu (936)294-3152 CONTRACT: $325,000 CONSULTANT: Austin Environmental (979)778-2699 Start: May 2012 Completion: August 2012 Baker Oil Tools - Navigation Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile &mastic and sheetrock. Asbestos containing roof mastic removed in place during demolition. Demolition of building and concrete slab over a six month time span. OWNER: Baker Hughes Corporation CONTACT: Robbie Bryantbr jae.c a:,�rs1.4r:es.,:oi! (832)519-2062 CONTRACT: $414,000 CONSULTANT: Dolphin Environmental (281)240-4646 Start: June 2014 Completion: November 2014 Bush Intercontinental Airport— Central Plant Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing pipe insulation and floor tile&mastic. Asbestos containing Transite panels removed in place during demolition. Demolition of four chillers, 3 boilers and flues associated piping and concrete slab over a six month time span. OWNER: City of Houston—Airport Systems CONTACT: Garret Wheaton (281)924-8657 CONTRACT: $358,876 CONSULTANT: Cardno ATC (713)343-4482 Start: July 2012 Completion: September 2012 HISD - YMCPA & HP Carter Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile &mastic,TSI, vapor barrier,ceiling panels and transite panels. OWNER: Houston Independent School District do Jamail& Smith CONTACT: Cassie Knoll (713)842-1565 CONTRACT: $119,000 CONSULTANT: EFI Global Inc (832)518-5145 Start: August 2014 Completion: September 2014 NASA Rd One / Space Park Drive Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing materials and demolition of 12 buildings covering 2 city blocks. Demolition of entire multi-story business complex structure and slab over a seven month time span. OWNER: Griffin Partners CONTACT: Wayne Axtell (713)439-5300 Jenny Corkill icorkill@,griffinpartners.com CONTRACT: 1.3 Million CONSULTANT: EFI (832)518-5145 River Oaks Medical Center Houston, Texas DESCRIPTION: Removal,transportation and disposal of Asbestos containing materials in conjunction with Mold Remediation. Selective Interior demolition,select building demolition and building façade renovation over a one year time span of a 8 story 160,000 square foot medical facility. OWNER: MPT of Twelve Oaks LP CONTACT: Jim Martina (205)966-9104 CONTRACT: $1.2 Million CONSULTANT: Loflin Environmental (713)521-3300 Houston Chronicle - Downtown, Southwest and Eastport Facilities Houston, Texas DESCRIPTION:Removal,transportation and disposal of sprayed on fireproofing,pipe wrap,duct insulation, floor tile and mastic and the demolition of interior walls. The project is being performed in a 24 hour a day occupied building without shutting down the buildings operations. OWNER: The Houston Chronicle CONTACT: Liz Miller liz.miller@chron.com (713)362-7304 CONTRACT: $5 Million CONSULTANT:Loflin Environmental (713)521-3300 Memorial Hermann Healthcare Systems - SW Memorial Hospital & POB I & 2, Beechnut POB, NW Pavilion, Memorial City Hospital & POB 1 & 2, Fort Bend Hospital & POB, Katy Hospital & POB, Memorial Hermann POB Houston, Texas DESCRIPTION:Asbestos Abatement,transportation, and disposal of fireproofing,floor tile&mastic, thermal system insulation,ceiling tile,sheetrock,sheet flooring and moisture protection. Mold Remediation on sheetrock wall,ceiling tile,duct work and thermal system insulation. Infection control including negative pressure containment,monitoring and clean-up during construction projects. OWNER: Memorial Hermann Healthcare Systems CONTACT: Tomas DeOCampo tomas.deocampo@,memorialherman.org 713)242-3670 CONTRACT: $1 Million+ CONSULTANT:TGE Resources (713)462-3675 AES Deepwater Power Plant Pasadena, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing TSI,floor tile and mastic and transite panels including demolition. Demolition of 9 boilers and 7 turbines including all structures of entire Power Plant over a one year time span. OWNER: Dixie Equipment CONTACT: Claude Hendrix CONTRACT: $4 Million CONSULTANT: CAM Environmental (713)475-9003 Texas Department of Transportation - Abatement and Demolition of Right of Way Houston and Tyler District, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing friable/non-friable TSI pipe, sheetrock, duct mastic,floor tile&mastic,window caulking,ceiling tile/plaster, insulation, roofing and transite prior to demolition. OWNER: Texas Department of Transportation CONTACT: Houston-Funso Ekibolaji (713) 802-5744 Tyler-Ted Pittiner (903) 510-9141 CONTRACT: $IDIQ CONSULTANT: Houston-All Points Environmental Tyler-Burcham Environmental Alcoa Power Plant Rockdale, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing materials including demolition. Partial demolition of 3 boilers and turbines including all structures of the Power Plant over a one year time span. OWNER: Alcoa CONTACT: Richard Burns (512)446-8543 • CONTRACT: $2 Million CONSULTANT: HBC/Terracon (713)690-8989 Land and Natural Resource Building Baton Rouge, LA DESCRIPTION: Removal, transportation and disposal of asbestos containing floor tile&mastic,pipe insulation, window caulking,uint ventilators&acoustical ceiling and PCB balasts &flourescent light tubes on 10 floors and penthouse in a 13 story building prior to demolition over an 8 month time span. OWNER: State of Louisiana CONTACT: Tony Palutta (225)342-5940 CONTRACT: $1.1 Million SHSU - Colony Apartments Huntsville, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing sheetrock and flooring throughout apartment complex. Demolition consisted of 8 apartment buildings and foundations. Site was then graded to drain upon completion of demolition. OWNER: Sam Houston State University CONTACT: Debra Kleppelid (936)294-1912 CONTRACT: $274,000 CONSULTANT: Austin Environmental (979)778-2699 Southeast Texas Regional Airport - Hangar No. 2 Beaumont, Texas DESCRIPTION: Removal,transportation and disposal of lead based paint from Hangar over a four month time span. OWNER: Jefferson County CONTACT: Deborah Clark (409)835-8456 CONTRACT: $220,000 Port Arthur - City Hall, Police Station, Electrical Permit Building, Crosswalk - City Hall to Annex, Central Fire Station, Civic Center €. Multiple Residential Properties - Structurally Unsound Port Arthur, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing acoustical ceiling tiles, duct insulation,floor tile&mastic, linoleum and sheetrock over a year time span. OWNER: City of Port Arthur CONTACT: Lawrence Baker (409)983-8115 Joseph Broussard (409)983-8162 CONTRACT: >$150,000 CONSULTANT: ICU Environmental (409) 727-8227 TXDOT - Parcel 17 - 12936 US Highway 59 and Parcel 18 - 12898 US Highway 59 Fannin, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing window caulking,roof mastic and mastic on metal siding over a month time span prior to demolition. OWNER: Texas Department of Transportation-Corpus Christi District CONTACT: Lou Anna Garcia (361) 808-2246 CONTRACT: $118,000 CONSULTANT: Gamer and Associates (281)491-8844 Baker Hughes - Navigation Houston, Texas DESCRIPTION:Removal,transportation and disposal of 5,200 SF of non-friable asbestos containing roofing material periodically throughout a three month time span in a fully operational industrial facility. OWNER: Baker International Corporation do Benchmark Builders CONTACT: Chris Jones (713) 921-2500 CONTRACT: $86,700 CONSULTANT: Dolphin Environmental (281)240-4646 Various Residential Properties Houston, Texas DESCRIPTION:Removal of Lead-Baed paint from various residential properties. Scope consists of component removal and replacement. Chemical and mechanical lead paint stripping,as well as general lead decontamination activities. The project involves complete lead decontamination from multiple contiguous and stand alone residential properties. OWNER: City of Houston-Office of Housing& Urban Development CONTACT: Dr. Brenda Reyes (713)794-9217 CONTRACT: $250,000+ Prairie View Texas A&M - 5 Structures Prairie View, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing friable/non-friable TSI, ceiling tile, floor tile&mastic and transite prior to demolition. OWNER: The Texas A&M University Systems CONTACT: Gary Kent (979)458-7064 CONTRACT: $1 Million+ CONSULTANT: Baer Engineering (512)453-3733 Holly Street Power Plant Austin, Texas DESCRIPTION: Spot abatement, transportation and disposal of asbestos containing pipe insulation throughout an operational Power Plant of a one month time span. OWNER: City of Austin-Austin Energy CONTACT: Linda Arredondo (512)322-5274 CONTRACT: $78,000 CONSULTANT: ERC (713)290-9444 Parishes - St Elizabeth, Sacred Heart, Our Lady of Guadalupe, St Mary's, Queen of Vietnam, Our Lady of Lourdes, St Pius X, St Catherine's, St Louis and St Joseph, Kelly Convent and High School and Diocesan Pastoral Offices Beaumont, Orange and Port Arthur, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing acoustical ceiling tiles, duct insulation, floor tile&mastic,linoleum and sheetrock over a year time span. OWNER: Diocese of Beaumont CONTACT: Charley Messina (409) 893-9082 CONTRACT: >200,000 CONSULTANT: ICU Environmental (409) 727-8227 Wickes Former Facility - Richardson Richardson, Texas DESCRIPTION: Abatement,transportation and disposal of asbestos containing floor tile&mastic, texture,fire doors, expansion joint,window caulking,roof sealant and flashing. Demolition of structure after abatement. OWNER: City of Richardson CONTACT: Joe Travers (972)744-4225 CONTRACT: $92,000 CONSULTANT: MACTEC Engineering&Consulting (469) 828-4100 Prairie View Texas A&M - College of Nursing Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile&mastic,pipe insulation and fire proofing from an eleven story building prior to demolition. Demolition consisted of existing eleven story structure,parking lot,site lighting and utilities. OWNER: The Texas A&M University Systems CONTACT: John Hall (979)458-7064 CONTRACT: $735,000 CONSULTANT: PSI (281)491-5500 69t Street Waste Treatment Place, Sludge Drying Facility Houston, Texas DESCRIPTION: Removal,transportation and disposal of lead containing paint from—12 truss lines. Including removal of lead-paint from bolt connections, braces and purlins. OWNER: The City of Houston CONTACT: Zafar Iqbal (713)837-0090 CONTRACT: $67,000 Westbury - London Square Apartments & KHS Daycare Houston, Texas DESCRIPTION: Removal,transportation and disposal of ACM and demolition of spray-con ceiling, sheetrock compound and vinyl floor tiles over a 4 month time span. OWNER: Houston Independent School District CONTACT: Dennis Johnson (713)676-9256 CONTRACT: $530,000 CONSULTANT: RHJ and Associates (713)440-7674 GloBal Santa Fe - Galveston Key Rig & Rig No. 136 Singapore DESCRIPTION: Removal of interior asbestos contaminated wall panels,flooring,transit insulation,engine exhaust insulation and pipe insulation throughout vessels. OWNER: Global Marine Santa Fe CONTACT: David Perez (281)925-6353 CONTRACT: $230,000 University of Houston Facilities - Main, Downtown, &. Clear Lake Campus Houston, Texas DESCRIPTION: Abatement,transportation and disposal of fireproofing,acoustical texture,ceiling tile, floor tile and mastic,TSI and debris cleanup. OWNER: The University of Houston CONTACT: Harry Stenvall (281)283-2106 CONTRACT: $900,000+ CONSULTANT: McKee Environmental (281)482-3403 GloBal Santa Fe - Adriatic II Golden Meadow, Louisiana - Bollinger Shipyards DESCRIPTION: Removal 1,225 SF of asbestos containing floor tile throughout docked vessel. OWNER: Global Marine Santa Fe CONTACT: David Perez (281)925-6353 CONJ.RACT: $17,550 Anson Jones, Burnet, Concord, Dodson & Sanchez Elementary Schools Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile&mastic, pipe insulation,window caulking,unit ventilators,acoustical ceiling and roof flashing in various areas of 5 Elementary schools throughout the Houston area. OWNER: Houston Independent School District CONTACT: Dennis Johnson (713)676-9256 CONTRACT: $700,000 CONSULTANT: Law Engineering&Environmental (713)939-8444 12 Residential Properties - Pearland Pearland, Texas DESCRIPTION: Removal,transportation and disposal of ACM and demolition of floor tile& mastic, sheetrock compound and vinyl flooring. Project included the demolition of residents. OWNER: City of Pearland CONTACT: Chris Kidwell (281)652-1622 CONTRACT: $74,000 CONSULTANT: Bay Environmental (713) 729-2533 Attucks, Deady 8, Fondren Middle School Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile&mastic, pipe insulation,transite, sheetrock and ceiling tiles in various areas of 3 Middle schools. OWNER: Houston Independent School District CONTACT: Dennis Johnson (713) 676-9256 CONTRACT: $424,500 CONSULTANT: Ground Technologies (281) 597-8866 Henry Middle School Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile&mastic, pipe insulation,transite, sheetrock and ceiling tiles in various locations throughout the school. OWNER: Houston Independent School District CONTACT: Dennis Johnson (713) 676-9256 CONTRACT: $75,500 CONSULTANT: Law Engineering&Environmental (713) 939-8444 GloBal Santa Fe - Adriatic V - Phase 1 & 2 Gabon, Africa DESCRIPTION: Removal of interior ACM wallboards, insulation piping on engine exhaust and floor tile. OWNER: Global Marine Santa Fe CONTACT: David Perez (281)925-6353 CONTRACT: $160,000 NASA - E135 Aircraft Hanger- East Wing Houston, Texas DESCRIPTION: Removal of 4,000 SF of asbestos containing fire proofing on beams&columns, 8,000 SF of floor tile&mastic,—4,100 SF of carpet, 8,000 SF of ceiling tile&grid work, 18,000 SF of dry-walls,600 LF of pipe insulation and 19,000 SF of batt insulation. OWNER: NASA Johnson Space Center CONTACT: David Hickens (281) 483-3120 CONTRACT: $70,000 Booker T Washington High School Houston, Texas DESCRIPTION:Removal,transportation and disposal of asbestos containing floor tile&mastic,pipe insulation and fire doors in various areas throughout the High school. OWNER: Houston Independent School District CONTACT: Dennis Johnson (713) 676-9256 CONTRACT: $190,000 CONSULTANT: Engineering&Fire Investigations (713) 975-7031 Bammel, Meyer & Oak Creek Elementary Schools Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing vat floor tiles,floor tile&mastic in various locations throughout the 3 schools over a 3 month time span. OWNER: Spring Independent School District CONTACT: John Bremer (281) 587-3975 CONTRACT: $108,000 CONSULTANT: Garner&Associates (281)491-8844 GloBal Santa Fe - Bauer • Lima, Peru DESCRIPTION: Removal of sprayed on insulation in living quarters and storage areas. Removal ACM insulation on engine exhaust. OWNER: Global Marine Santa Fe CONTACT: David Perez (281) 925-6353 CONTRACT: $105,000 Prairie View Texas A&.EA - Student Union Center Prairie View, Texas DESCRIPTION: Abatement,transportation,and disposal of ACM and demolition of 25,957 SF floor tile& mastic, 60 LF pipe insulation, 1,460 duct insulation,—100 pipe fittings, 10,310 duct wrap, 33 light fixtures, 6 door&2 louvers and mastic on exterior throughout the entire facility. OWNER: Texas A&M University Systems CONTACT: Martin Garza (979) 845-1431 CONTRACT: $137,000 CONSULTANT: Raba-Kistler Consultants (512)339-1745 GloBal Santa Fe - Bauer Equatoria Guinea, Africia DESCRIPTION: Removal of asbestos containing interior and exterior doors and frames in various locations aboard the vessel. OWNER: Global Marine Santa Fe CONTACT: David Perez (281)925-6353 CONTRACT: $8,000 Cityview Apartments Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing sheetrock up to 4 FT on all walls,batt insulation up to 4 FT on exterior walls,floor tile,sheet vinyl and mastic. Demolition of all cabinets,bathtubs, and mirrors as non-acm. Remove and store appliances,sinks and toilets throughout complex due to severe flood damage over a 5 month time span. OWNER: Lincoln Properties CONTACT: David Scates (972)368-2818 CONTRACT: $281,300 CONSULTANT: Dolphin Environmental (281)240-4646 24 Residential Properties - Pearland Pearland, Texas DESCRIPTION: Removal,transportation and disposal of ACM and demolition of floor tile& . mastic,sheetrock compound and vinyl flooring. Project included the demolition of residents. OWNER: City of Pearland CONTACT: Chris Kidwell (281)652-1622 CONTRACT: $114,000 CONSULTANT: Bay Environmental (713) 729-2533 GloBal Santa Fe - High Island Vii & Adriatic '1 Africa DESCRIPTION: Removal of asbestos containing floor tile throughout floating vessels. OWNER: Global Marine Santa Fe CONTACT: David Perez (281) 925-6353 CONTRACT: $43,000 NASA - Building 2 Teague Auditorium Houston, Texas DESCRIPTION: Spot asbestos abatement of 1,200 l x1 Floor tile and mastic over a 3 month span. OWNER: NASA Johnson Space Center CONTACT: David Hickens (281)483-3120 CONTRACT: $55,000 Bayou Park Village Apartments Houston, Texas DESCRIPTION: Abatement,transportation and disposal of 96,000 SF of asbestos containing sheetrock in 36 units throughout an apartment complex over a 2 month period. OWNER: Bayou Park Apartments Incorporated CONTACT: Michael Bright (713)861-9005 CONTRACT: $178,400 CONSULTANT: Dolphin Environmental (281)240-4646 Anniston Army Depot Anniston, Alabama DESCRIPTION: Removal of lead and cadmium inside a 4 acre building. OWNER: The United States Army CONTACT: Bob Pineweki CONTRACT: $800,000 George W Bush International Airport - Terminal AS.B Houston, Texas DESCRIPTION: Removal,transportation and disposal of asbestos containing floor tile&mastic, pipe mastic wrap,vertical transite battens&transite panels,wall texture, lead-based paint, PCB ballasts and disposal of—80 metal elevator doors. OWNER: City of Houston CONTACT: David Joyce-Swinerton&Wallberg (713)986-1465 CONTRACT: $120,000 CONSULTANT: PSI (281)491-5500 Texas State Technical School - Amarillo Campus Amarillo, Texas DESCRIPTION: Demolition of 44 Buildings formerly utilized as an Air Force Base. The approximate footage of the entire area was 452,000 SF. Scope of work involved removal of asbestos containing materials and disposal,complete building demolition including slabs, piers,beams and footing to a depth of 2" and site grading. OWNER: Texas State Technical College System CONTACT: William Dankin (817) 867-3965 CONTRACT: $1.1 Million CONSULTANT:ERC (713)290-9444 Baker Hughes I Western Atlas Facility Houston, Texas DESCRIPTION: Removal,transportation and disposal of miscellaneous asbestos containing materials prior to demolition. Scope of work consisted of complete asbestos renovation and demolition of —25 Building in a 100 acre Industrial facility and the removal of over 1 million SF of paving and slabs. OWNER: West 8 Investments LP CONTACT: Ana Brasher (713)466-1322 Pamela Culver (713)975-6288 CONTRACT: $2.1 Million CONSULTANT: Dolphin Environmental (281)240-4646 Campbell Centre I Dallas, Texas DESCRIPTION: Interior demolition and abatement of a 22 story high rise building consisting of ACM fireproofing, TSI, floor coverings and sheetrock mud. Project completed in a 6 month time span. OWNER: Dallas RPE- IV Campbell Centre Associates L.P. CONTACT: Insignia Commercial Investments Group-John Stadler (214)525-2045 CONTRACT: $3.5 Million CONSULTANT: ATC (972)556-2204 Tyler Management & Research Center Tyler, Texas DESCRIPTION: Asbestos abatement of floor tile&mastic,sheetrock,thermal system insulation and transite siding. Complete replacement of abated materials and renovations. OWNER: Texas Parks&Wildlife CONTACT: John Swint (512)389-4933 CONTRACT: $160,000 CONSULTANT: LCA Environmental (972) 241-6680 The Courts of Wroxton Place Houston, Texas DESCRIPTION: Removal,transportation and disposal of ACM. Demolition,transportation and disposal of an entire Apartment complex and parking canopy. Removal of the foundation from the building and parking canopy as well as the driveways and sidewalks. OWNER: Wroxtons Partners L.P. CONTACT: Robert Bland (713)968-9874 CONTRACT: $79,200 CONSULTANT: TGE Resources (713)462-3675 Diagnostic Center Hospital Houston, Texas DESCRIPTION: Asbestos abatement of fireproofing from the concrete deck between occupied floors. OWNER: Diagnostic Center Hospital CONTACT: Benjamin Benjamin (713) 796-6541 CONTRACT: $59,000 CONSULTANT: Environmental Resource Consultants (713)290-9444 Texas State Technical College - Chlordane Harlingen, Texas DESCRIPTION: Cleanup of Chlordane contaminate soil. This project consists of excavation, characterization,transportation and disposal of Chlordane contaminated soil. OWNER: Texas State Technical College CONTACT: Mike Buck (956)364-4000 CONTRACT: $107,000 CONSULTANT: Environmental Resource Consultants (713)290-9444 Roadrunner Motel I Stadium Bowling Alley Houston, Texas DESCRIPTION: Abatement,transportation and disposal of asbestos containing materials throughout two building totaling in size 141,400 SF. Demolition of structures and foundations. OWNER: Stateside Enterprises/OHM Shanti L.P. CONTACT: Stanley Williams (713) 860-0616 CONTRACT: $434,000 CONSULTANT: ECMS (713)290-9444 TTU - Boiler No. -I - Central Heating & Cooling Plant No. 1 Lubbock, Texas DESCRIPTION: Abatement,transportation and disposal of asbestos containing thermal system insulation including selective demolition over a 2 month span. OWNER: Texas Tech University CONTACT: Troy Cannon (806) 742-2748 CONTRACT: $177,000 CONSULTANT: Law Engineering/EFI (713) 975-7031 Westfield High School Houston, Texas DESCRIPTION: Abatement, transportation and disposal of 19,000 SF of AC floor tile over a 1 year period detailing weekend work in various locations throughout the school. OWNER: Spring Independent School District CONTACT: John Bremer (281) 587-3975 CONTRACT: $61,500 CONSULTANT: Garner and Associates (281)491-8844 Baker Hughes - CCIP Houston, Texas DESCRIPTION: Industrial Tool facility abated and turned into an Industrial Business Complex. OWNER: Baker Hughes International CONTACT: Cliff Dieterle (281) 209-7215 CONTRACT: $4.5 Million CONSULTANT: Dolphin Environmental (281) 240-4646 AAR INCORPORATED Headquarters www.aarinc.net Central Texas District Office 6640 Signat Road-.Houston,Tx 77041 925 U S 183 North- Liberty Hill,Tx 78642 713)466-6800 -Fax 713)466-4234 512)778-6800 - Fax 512)778-6185 EQUIPMENT LIST Trackhoes with Thumbs Dozers 1 Caterpillar 330 2 CAT 1 Daewoo 130 on wheels 1 JCB 214S Bobcat 1 John Deere 310 3 Bobcats with Grapples 2 Kobelco 200 1 Kobelco 250 1 Kobelco 400 Front End Loaders 2 Komatsu 320 2 John Deere 544 1 Case 721 2 CAT 950 Respirators HEPA Vacuum Half Face Mask VEC Loader Full Face Wet Dry Ambient Air Type C Backpack Negative Air Machines Decon Units 2 K - 18 K Portable Decon Trailer Generators Dehumidifiers 5 KW - 75 KW DRI EAZ Phoenix Spot Coolers 1 Ton - 5 Ton ACCESS TO OVER 40 BOBTAIL AND TANDEM TRUCKS. N U7 a, com _T cc ca O N V) N. •:r m n x ›• .-0 o \i;ci s%•0`Sid", y = L :n Vi co • .. .v'i V CO OM = bb '�--. e .V tr. — a" e.) -t ,d a ii 2i,, m o oo CO — d m ° 0 co 1 c 1:4 -,a• LID V' .. N D U 'o CS NL U 2 m C co Rn o / \ G -a 0 g• cd C 13 C4 C a c CL. c •co �' cam"' 4-, / t; g 10 16 „vi co c; �Oo dfl .1 al ,ii-•-,24) i--- _01 g II 0. i \ m � a 0 01 oO �mm ` ° c/ \ � oV 12 M c I I , ca xi) .4;42 L C • . Q s m I as O C.Ji L N'�Ig11 t4N N i I _ I • [� [6 O C e m •p cap , rn 66 �° ` �..,. 1 tr a U L cG. D.. os '5 m c*-) c i". i jif 4.JLm / pm- m • W m 0h:a3``; n w-� "c M y L `ti \ _ a > y, 11.1 0 m coo 0 13 h e Cr �,O x .t I C V c3 GOm m •� N C .b f,? 1— c,-,3 L C N.0 C E m 4=. `� o aigco � � (0m Y�� V C m c0 •a+^ d ll.l R�m - co -. 03 C CZ co � s- E m r "0 M CO / N h \ liANDALL 1I[I)SON EXPERIENCE AAR INCORPORATED President, May, 1990 to Present Manage all aspects of AAR Inc., an Environmental Contractor. Position entails the following responsibilities: • Hiring all field supervisors, estimators, and marketing personnel • Establishing and maintaining clientele • Estimating and finalizing estimates of other estimators • Establishing schedules and tracking all projects from contract signing through final billing • Monitoring, adjusting and developing company Standard Operating Procedures • Tracking accounts payable and receivable • Acquiring required licenses • Creating and generating subcontracts • Monitoring job costs, productivity and manpower • Overseeing quality control AAR INCORPORATED Project Manager, May, 1987 to May, 1990 Position, entailed the following: • Hiring required field personnel for projects • Expedited materials • Coordinated with building owner all phases of projects • Supervised subcontractors • Handled all aspects of asbestos abatement projects from initial set-up through clean-air and demobilization • Helped establish all company Standard Operating Procedures • EPA approved asbestos worker training provider • Responsible for manpower, productivity and job costs BRAE BURN CONSTRUCTION Project Superintendent, January, 1980 to May, 1987 Position entailed the following: • Directed field personnel • Laid out construction project • Coordinated subcontractors • Carpenter Foreman EDUCATION TEXAS A&M UNIVERSITY B.S. Building Construction, 1986 CONTINUING EDUCATION Certified AHERA and E.P.A. Supervisor in Asbestos Abatement Remediation of Contaminated Soils and Groundwater HUD and SSPC trained in Lead Remediation Texas Mold Assessment& Remediation Rules 295.320e FIELDS OF EXPERTISE • Asbestos Abatement • Demolition • Lead Abatement • Mold Remediation • Underground Storage Tank • New Construction • P.C.B. DWAIN 8ANKSTON EXPERIENCE AAR INCORPORATED Vice President, August, 1995 to Present Manage all aspects of AAR Inc., an Environmental Contractor. Position entails the following responsibilities: • Hiring all field supervisors, estimators, and marketing personnel • Establishing and maintaining clientele • Estimating and finalizing estimates of other estimators • Establishing schedules and tracking all projects from contract signing through final billing • Monitoring, adjusting and developing company Standard Operating Procedures • Tracking accounts payable and receivable • Acquiring required licenses • Creating and generating subcontracts • Monitoring job costs, productivity and manpower • Overseeing quality control EDUCATION TEXAS A&M UNIVERSITY B.S. Construction Science, 1985 CONTINUING EDUCATION Certified Hazwoper, 8 Hour Supervisor UST License B Remover Training Health and Safety Training for UST Workers Hazardous Material and Emergency Response 29 CFR 1910.120 Environmental Property Assessment Bio-Remediation of Contaminated Soils and Sledges Investigation and Remediation of Fungal Contamination FIELDS OF EXPERTISE • Asbestos Abatement • Demolition • Lead Abatement • Mold and Mildew • Underground Storage Tank • New Construction • P.C.B. MICHAEL MACKEY EXPERIENCE MR INCORPORATED HSE Project Manager - Overseas, May,1997 - Current To provide supervision of the total aspects of asbestos removal, and mold & mildew remediation safety. TEC INCORPORATED Project Superintendent, February, 1987 to May, 1997 To provide supervision of the total aspects of asbestos removal. EDUCATION UNIVERSITY OF HOUSTON General Studies - 3 years CONTINUING EDUCATION Certified AHERA and E.P.A. Supervisor in Asbestos Abatement HUD and SSPC trained in Lead Remediation Texas Mold Assessment & Remediation Rules 295.320e AHERA and E.P.A. Air Monitoring Technician OSHA 29 CFR 1926.1101 Certification HAZWOPER OSHA 1910.120 Design Strategies for Residential Construction IICRC Water Loss Technician Asbestos Inspection OSHA 30 Hour Trained FIELDS OF EXPERTISE • Asbestos Abatement • Lead Abatement • Mold Remediation • Infection Control • Demolition • P.C.B. G-.EHAUl)0 ALEJA1N_u RO EXPERIENCE AAR INCORPORATED Supervisor to Project Manager, 1Jovember 1992 to Present To provide supervision of asbestos abatement projects and field personnel,estimating and marketing TGI STEPHENS formerly BFI STEPHENS Supervisor,January, 1991 to September, 1992 To provide supervision of the total aspects of asbestos abatement removal projects BFI STEPHENS Supervisor,January, 1987 to January, 1991 To provide supervision of the total aspects of asbestos abatement projects. EDUCATION TEXAS STATE TECHNICAL INSTITUTE Technical—Combination Welding Pharr San-Juan Alamo High School General Studies-Diploma CONTINUING EDUCATION Certified AHERA and E.P.A. Supervisor in Asbestos Abatement FIELD OF EXPERTISE • Asbestos Abatement • Lead Abatement • P.C.B. • Demolition KEY PROJECTS HOUSTON POLICE DEPARTMENT-1200 TRAVIS Supervised asbestos abatement and renovation including sprayed applied fireproofing and removal and replacement of pipe insulation of a 26 floor facility over six month time span Project Amount: $4.3 Million DFW AIRPORT Supervised asbestos abatement and renovation fireproofing of a terminal over a two month time span. Project Amount: $430,000.00 NASA-BUILDING 2-TEAGUE AUDITORIUM AND AIRCRAFT HANGER-E135 EAST WING Management supervision of asbestos abatement procedures and renovation throughout the highly secured NASA Johnson Space Center over a six month time span. Project Amount: $ 125,000.00 PRAIRIE VIEW TEXAS A&M-STUDENT UNION Management Supervision of asbestos abatement procedures and demolition of the entire Student Union facility over a four month time span. Project Amount: $ 137,000.00 SPRING INDEPENDENT SCHOOL DISTRICT-BAMMEL.MEYER&OAK CREEK ELEMENTARY Management supervision of asbestos abatement procedures and renovations of ACM-VAT floor tiles and floor tile and mastic throughout schools over a three month time span. Project Amount: $ 180,000.00 HOUSTON INDEPENDENT SCHOOL DISTRICT-PILGRIM.LONGFELLOW,BRIARGROVE ELEMENTARY SCHOOLS Management supervision of asbestos abatement procedures and renovations of floor tile and mastic,fireproofing,transite panels,pipe insulation and window caulking removal throughout schools over a four month time span. Project Amount: $400,000.00 HOLLY POWER PLANT-UNIT 1-4 Management and Supervision of asbestos abatement of pipe insulation,glove bag removal and replacement of insulation and the decontamination throughout Unit 1-4,over a month time span. Project Amount: $ 150,000.00 TXDOT-PARCEL 17 AND 18, US HIGHWAY 59N-FANNIN,TEXAS Management and Supervision of asbestos abatement of buildings in place and site clearing at Parcels 17 and 18,over a month time span. Project Amount: $ 135,000.00 CITY OF PASADENA-SPENCER VILLAGE BUYOUT Management and Supervision of asbestos abatement of ACM sheetrock on walls and ceilings,floor tile and mastic and demolition,grading and back fill of 30 residences over a one year time span. Project Amount: $ 168,000.00 GALVESTON HOUSING AUTHORITY-BUILDING 13-OLEANDER HOMES Management and Supervision of asbestos abatement and demolition of building in place Over a two week time span. Project Amount: $36,700.00 PORT ARTHUR INDEPENDENT SCHOOL DISTICT-sooKER T WASHINGTON,WILSON AND MEMORIAL GRADE SCHOOLS Management and Supervision of total and interior demolition of school buildings,also the demolition in place as asbestos containing materials of a partial building at Memorial 9`h Grade,over a six month time span. Project Amount: $800,000.00 TURNER STADIUM-HUMBLE ISD The management and Supervision of demolition of buildings and concrete drives and parking in different phases over a one year time span. Project Amount: $ 120,000.00 HOUSTON INDEPENDENT SCHOOL DISTRICT-CROCKET SITE DEMOLITION The management and Supervision of asbestos abatement and demolition of 13 structures over a month time span Project Amount: $ 115,995.00 HOUSTON INDEPENDENT SCHOOL DISTRICT-PATTERSON,CLINTON PARK EASTER&DOGAN ELEMENTARY SCHOOLS Management and Supervision of asbestos abatement of floor tile and mastic,transite panels,window caulking,pipe insulation using glove bag and wrap and cut methods,black boards,unit ventilators and vapor barrier. Demolition of school buildings including concrete slabs,parking lots,trees,mechanical,plumbing and electrical systems and final grade and hydromulch of areas affected by the demolition work,over four month time span. Project Amount: $650,000.00 TOMBALL SCHOOL DISTRICT-INSTRUCTIONAL TECHNOLOGY CENTER Management and Supervision of asbestos abatement of floor tile&mastic,sprayed fireproofing and pipe insulation in two phases,over a month time span. Project Amount: $75,000.00 TEXAS STATE UNIVERSITY Supervised asbestos abatement project over two month span. Project amount: $ 150,000.00 HERMANN ESTATE PROFESSIONAL BUILDING Supervised asbestos abatement,re-insulation and re-fireproof facility over a one year time span Project amount: $250,000.00 CORPUS CHRISTI NAVAL AIR STATION Supervised asbestos abatement of boiler and steam line insulation while in operation over a two month time span. Project amount: $ 100,000.00 COMINCO FERTILIZER PLANT Supervised asbestos abatement of transite siding, pipe insulation and glove bag removal over a three month time span. Project Amount: $350,000.00 UNITED TELEPHONE-Pennsylvania&New Jersey Supervised asbestos abatement and renovation of various buildings including floor tile and mastic and transite roofing over a six month time span. Project Amount: $ 175,000.00 EFRAIN GOMEZ EXPERIENCE AAR INCORPORATED Supervisor to General Superintendent, March, 1996 to Current To provide supervision of the total aspects of asbestos and lead removal. LAUGHLIN ENVIRONMENTAL Project Supervisor, February, 1994 to March, 1996 To provide supervision of the total aspects of asbestos and lead removal. BMC CONSTRUCTION Crew Leader to Project Supervisor, February, 1988 to February, 1994 To provide supervision of contracted personnel and sub-contracted personnel of the total aspects of asbestos and lead removal. EDUCATION SAM HOUSTON SENIOR HIGH General Studies CONTINUING EDUCATION Certified AHERA and E.P.A. Supervisor in Asbestos Abatement HUD and SSPC trained in Lead Remediation AHERA and E.P.A. Air Monitoring Technician FIELDS OF EXPERTISE • Asbestos Abatement • Lead Abatement • Mold Remediation • Infection Control KEY PROJECTS HOUSTON CHRONICLE-SOUTHWEST, DOWNTOWN AND EASTPORT FACILITY Supervised asbestos abatement of Spray-on Fireproofing,Ceiling Tile and Grid, Sheetrock walicovering, Floor Tile & Mastic and demo of interior walls over 7 year ongoing span. Project Amount: $5 Million UNIVERSITY OF TEXAS MEDICAL BRANCH @ GALVESTON Supervised—Hurricane Ike Emergency Recovery to include but not limited Water Restoration, Mold Remediation and Asbestos Abatement throughout the UTMB complex over a 2 year span. Supervised — Asbestos Abatement of TSI pipe, sheetrock, duct insulation, floor tile & mastic, transite and pipe fittings over a 10 year ongoing span. Project Amount: $2 + Million EFRAIN GOMEZ PAGE 2 CITY OF HOUSTON LEAD PROGRAM Supervised lead based paint abetment of over 100 residential dwellings consisting of component removal and replacement, chemical and mechanical lead paint stripping, general lead decontamination activities over >5 year ongoing span. Project Amount: $250,000.00 + MEMORIAL HERMANN HEALTHCARE SYSTEMS Supervised asbestos abatement, infection control and mold remediation procedures on various Memorial Hermann Healthcare Facilities over a 5 year ongoing span. Project Amount: $1 Million + 1100 FANNIN Supervised asbestos abatement of—300,000 Sq. Ft. of a commercial lease space site over an 8 month time period. Project Amount $1,500,000.00 OXY CHEM-CHOCOLATE BAYOU Supervised asbestos abatement and re-insulation of—6,000 Ln. Ft. of pipe and vessels over a 2 year span. Project Amount: $3,000,000.00 ALLEN PARKWAY VILLAGE Supervised asbestos abatement of Floor Tile and Mastic, and Ceiling Tile. Including the removal lead based paint abatement of- 350 doors, door frames and windows over 1 year span. Project Amount: $450,000.00 TEXAS STATE TECHNICAL SCHOOL Supervised asbestos abatement and demolition of various buildings over 1 year span. Project Amount: $1.1 Million CAMPBELL CENTRE Supervised asbestos abatement of entire facility over 1 year span. Project Amount: $3.5 Million UNIVERSITY OF HOUSTON COLLEGE SYSTEMS Supervised asbestos abatement procedures and renovations on various UH Campus building over a 7 year span. Project Amount: $900,000 + BILLY R. DRIGGERS EXPERIENCE AAR INCORPORATED Supervisor, January, 2002 to Current To provide Field Supervision over Asbestos and Lead Abatement, Mold Remediation and Demolition. Conduct air monitoring and asbestos/lead field assistance on various abatement sites. ENVIRONMENTAL RESOURCE CONSULTANTS-(CONTRACT) Air Monitoring &Project Manager, November, 2001 to December, 2001 To provide manager supervision over the total aspects of asbestos and lead abatement. KING CONSULTANTS Project Superintendent, April, 2001 to November, 2001 To provide manager supervision of contracted personnel and sub-contracted personnel over the total aspects of asbestos and lead abatement. EDUCATION • HUNTSVILLE SENIOR HIGH • General Studies CONTINUING EDUCATION Certified AHERA and E.P.A. Supervisor in Asbestos Abatement HUD and SSPC trained in Lead Rememdiation AHERA and E.P.A. Air Monitoring Technician HAZWOPER Louisiana LAC 33:111. Chapters 27 & 51 FIELDS OF EXPERTISE • Asbestos Abatement • Demolition = Lead Abatement • Mold Remediation KEY PROJECTS TEXAS WOMEN'S UNIVERSITY Provided Supervision of flood related asbestos abatement renovations and air monitoring over a 6 month time period. ALDINE INDEPENDENT SCHOOL DISTRICT-VARIOUS SCHOOLS WITHIN DISTRICT Provided Supervision of flood related asbestos abatement renovation damage to floor tile in various schools throughout the district over a 2 month time period. COOK CARTER CHILDREN'S HOSPITAL Provided Supervision of asbestos abatement procedures and demolition of Hospital building over a 4 month time span. ADM OIL MILL Provided Supervision during asbestos abatement of spray-on fireproofing on the boilers and removal of TSI & transite from exterior of the building over a 1 month time span. WILSHIRE ELEMENTARY Provided Supervision during asbestos abatement of floor tile and mastic through- out the school over a 3 month time span. TRINITY HIGH SCHOOL Provided Supervision of asbestos abatement procedures of TS!and contaminated soil beneath the school over a 1 month time span. GLOBAL SANTAFE BAUER VESSEL- EQUATORIA GUINEA, AFRICA Provided Supervision of asbestos abatement procedures of asbestos containing interior and exterior doors and frames in various locations aboard a docked vessel over a 1 month time span. ADRIATIC II VESSEL-LOUISIANA Provided Supervision of asbestos abatement procedures of asbestos containing floor tile throughout a docked vessel over a 1 month time span. GALVESTON KEY RIG&RIG No. 136-SINGAPORE Provided Supervision of asbestos abatement procedures of asbestos containing wall panels, flooring, transite insulation, engine exhaust insulation and pipe insulation throughout a docked vessel over a 4 month time span. Project Amount:$300,000 24 RESIDENTIAL PROPERTIES-CITY OF PEARLAND Provided Supervision of asbestos abatement and demolition procedures of floor tile & mastic, sheetrock compound and vinyl floor. Project included demolition of properties following abatement over a 4 month time span. 21 COMMERCIAL/RESIDENTIAL PROPERTIES-CITY OF HOUSTON Provided Supervision of asbestos abatement and demolition procedures of floor tile & mastic, sheetrock compound and vinyl floor. Project included demolition of properties following abatement over a 4 month time span. UNIVERSITY OF TEXAS MEDICAL BRANCH @ GALVESTON-GAIL BORDEN BLDG Provided Supervision of demolition procedures of a 4 story building Project included demolition of properties following abatement over a 4 month time span Tx DEPARTMENT OF TRANSPORTATION-HOUSTON AND TYLER DISTRICT-2 YR CONTRACT Provided Supervision of asbestos abatement and demolition procedures of asbestos containing friable/non-friable TSI pipe, sheetrock, duct mastic, floor tile & mastic, window caulking, ceiling tile/plaster, insulation, roofing and transite prior to demolition. JOIE V. MORA EXPERIENCE MR INCORPORATED Project Superintendent, May, 1989 to Present To provide supervision of contracted personnel and sub-contracted personnel of the total aspects of asbestos & lead abatement, demolition and mold remediation. I.A.M., INCORPORATED Project Superintendent, January, 1989 to May, 1989 To provide supervision of contracted personnel and sub-contracted personnel of the total aspects of asbestos removal. U.E.I., INCORPORATED Foreman, February, 1988 to December, 1988 To provide supervision of contracted personnel. EDUCATION SANA PAULA SENIOR HIGH,CALIFORNIA General Studies CONTINUING EDUCATION Certified AHERA and E.P.A. Supervisor in Asbestos Abatement HUD and SSPC trained in Lead Remediation AHERA and E.P.A. Air Monitoring Technician Louisiana LAC 33:111. Chapters 27 &51 FIELDS OF EXPERTISE • Asbestos Abatement • Demolition E Lead Abatement • Mold and Mildew KEY PROJECTS HOUSTON CHRONICLE-SOUTHWEST AND DOWNTOWN FACILITIES Supervised asbestos abatement of spray-on fireproofing, ceiling tile and grid, sheetrock wallcovering, re-spray and floor tile and mastic over 4 years time span. Project Amount: $5 Million CITY OF HOUSTON-LEAD PROJECT Supervised lead-based paint removal consists of component removal and replacement. Chemical and mechanical lead paint stripping, general lead decontamination activities from multiple contiguous and stand alone residential properties over a 5 year on going span. Project Amount: $250,000 + JOE MORA PAGE 2 AES DEEPWATER POWER PLANT Supervised abatement of TSI, floor tile and matic, transite panels prior to the demolition of 9 boilers and 7 turbines including all structures associated with the Power Plant over a one year time span. Project Amount:$2.6 Million UNIVERSITY OF HOUSTON-MAIN, DOWNTOWN&CLEAR LAKE CAMPUS-VARIOUS LOCATIONS Supervised abatement of fireproofing, acoustical texture, ceiling tile, floor tile and mastic, TSI and debris clean up throughout a 7 year span. Project Amount: $900,000 HOUSTON ISD-ANSON JONES, BURNET, CONCORD, DODSON&SANCHEZ ELEMENTARY Supervised abatement of floor tile&mastic, pipe insulation,window caulking, unit ventilators, acoustical ceiling and roof flashing in various locations on 5 Elementary schools in the Houston area over a 1 year span. Project Amount: $700,000 EL PLAZO-HIGH RISE CONDOMINIUM COMPLEX Supervised mold and mildew remediation of miscellaneous contaminated materials throughout High-Rise Complex over a 7 month time span. Project Amount: $400,000 69TH STREET WASTE TREATMENT PLANT, SLUDGE DRYING FACILITY Supervised lead-based paint removal from —12 truss lines including bolt connections, braces and purlins over a 1 month time span. Project Amount: $67,000 LAND AND NATURAL RESOURCE BUILDING-BATON ROUGE, LA Supervised removal,transportation and disposal of fireproofing,floor tile&mastic, pipe insulation, window caulking, unit ventilators, & acoustical ceiling and PCB balasts &flourescent light tubes on 10 floors and penthouse in a 13 story building prior to demolition over an 8 month time span. Project Amount: $986,000 MEMORIAL HERMANN HEALTHCARE SYSTEMS Supervised asbestos abatement and mold remediation procedures on various Memorial Hermann Healthcare Facilities over a 5 year ongoing span. Project Amount: S1 Million + Q) t 0 Ili 0 0. O 1O lki NI t'lN O •n () h IIII �n a � o � •1110 boa 11111 0 a J N 1.. O 6, O CQ � � % �' � N rn bac °, 0 ° ° ° c, QONZN () c) -,-"Z a 7 EXHIBIT"B-2" CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this day of in the year 2018, by and between the City of Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Inland Environments, LTD, hereinafter designated as the Contractor. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the Work as specified or indicated under the demolition and asbestos/lead specifications of the Owner's Contract Documents entitled: ASBESTOS/LEAD ABATEMENT/DEMOLITION OF TWO (2) COMMERCIAL BUILDINGS 1101 E.PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 540-548 E. REV. RANSOM HOWARD STREET (AKA 7TH STREET) (DO NOT DISTURB SLAB) The Work is generally described as follows: Asbestos/Lead Abatement and Demolition ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed within fourteen (14) working days after the date of commencement of the Work. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein, plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner the sum of $150.00 for each calendar day that expires after the time specified in this Article 2,herein. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s), Forty thousand, three hundred fifty-one dollars and no cents ($40,351.00). ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications, Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. ARTICLE 5. PAYMENT PROCEDURES Payment will be made in full when all of the work is completed and approved by City staff with provision for damages in accordance with Article 2 of this Agreement. 1 EXHIBIT"B-2" ARTICLE 6. NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS The contractor shall comply with State law as to licensing on asbestos abatement and disposal. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF PORT ARTHUR: INLAND ENVIRONMENTS, LTD Signature By: By: Harvey L. Robinson Printed Name/Title Interim City Manager Attest: Attest: Date: Date: *Demolition Specifications are made a part of and attached hereto. *Asbestos/Lead or Technical Specifications that have been prepared by Total Safety U. S., Inc. are incorporated by reference. 2 .J City of ort rthur — Texas BID AND CONTRACT DOCUMENTS FOR ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES BID DUE: OCTOBER 24, 2018 Alle* TXGLQ 1111111 ,11111 GLO Contract# 13-339-000-7653 / DRS220148 This project funded by Texas General Land Office for disaster recovery Funds allocated by U. S. Dept. of HUD through CDBG Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthuf,opt5as 776411 409.983.8160 I Fax 409.983.8291 Table of Contents I. Invitation to Bid II. Bid Info III. Specifications IV. No Bid Form V. Bid Proposal Page VI. Affidavit Page VII. Conflict of Interest VIII. General Conditions IX. Signage Requirement X. Advertisement for. Bids XI. Standard Form of Agreement XII. Federal Labor Standards Provisions XIII. Contractor's Local Opportunity Plan XIV. Statement of Bidder's Qualifications XV. Contractor Certifications XVI. Policy of Non Discrimination on the Basis Disability XVII. Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements XVIII. Non Collusion Affidavit of Prime Bidder XIX. Bid Bond XX. Payment Bond XXI. Performance Bond XXII. Attorney's Review Certification XXIII. Title 29-Labor Section 3 XXIV. Certification of Bidder Regarding Section 3 and Segregated Facilities Form XXV. House Bill 89 Verification XXVI. SB 252 Chapter 2252 Certification 2 of 73 DERRICK FORD FREEMAN,MAYOR " HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM city.of INTERIM CITY MANAGER COUNCIL MEMBERS: . SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ort r I h u r CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. ```•` VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK OCTOBER 12, 2018 INVITATION TO BID ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 24, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 24, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-002 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4Th STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 I Fax 409.983.8291 3 of 73 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager 4 of 73 momma TOTAL SAFETY Building HEROES. Protecting HEROES. August 1,2018 City of Port Arthur PO Box 1089 Port Arthur,Texas 77640 Attn: Ms. Darlene Thomas-Pierre Ref: Asbestos/Lead Technical Specifications for Demolition of 6 Properties 540-548 Rev. Ransom Howard Street,701-709 E. Procter Street,733 E. Procter Street, 1048 E. Procter Street, 1101 E. Procter Street&2002 E. Procter Street Ike Round 2.2 Commercial Demolition Project Port Arthur,Texas Daniel R. Ward DSHS Consultant License No. 10-5479 Expires: May 11, 2020 INTRODUCTION AND SCOPE The following technical specifications shall address the proper removal, transportation and disposal of the asbestos-containing materials, lead-based paint and commercial buildings as listed below. The work activities will follow all applicable rules and regulations, including the Texas Department of State Health Services (DSHS), the EPA National Emission Standard for Hazardous Air Pollutants (NESHAP) and the Occupational Safety and Health Administration (OSHA), as applicable. Contractor shall submit the DSHS/EPA required 10 day notification prior to beginning work. All work schedules shall be approved by consultant and City of Port Arthur. Contractor shall supply all water and electricity needed to complete the project. Contractor shall be responsible for collecting toxicity characteristic leachate procedure on lead-based paint waste to determine proper disposal. All results shall be submitted to consultant for approval. 540-548 REV. RANSOM HOWARD STREET Asbestos This project will include the proper removal, transportation, and disposal of approximately 1,300 square feet of asbestos-containing exterior transite siding material. Lead-Based Paint This project will also include the proper removal, transportation, and disposal of grey lead-based paint on exterior wood door frame; white lead-based paint on exterior brick beneath windows; green paint on exterior plaster siding;and white paint on interior wood ceiling. 365 Highway 365,Port Arthur,TX 77640 409-727-8227 www.totalsafety.com City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Demolition This project will also include the proper removal, transportation and disposal of "left-in-place" asbestos containing sheetrock joint compound with texture material at the building located at 540-548 Rev. Ransom Howard Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing material as "Category II friable left in place during demolition" material. Material shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 701-709 E. PROCTER STREET Asbestos See below. Lead-Based Paint See below. Demolition This project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials at the building located at 701-709 E. Procter Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing materials as "Category I & II non-friable left in place during demolition" material. Materials shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 733 E. PROCTER STREET Asbestos See below. Lead-Based Paint See below. Demolition This project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials at the building located at 733 E. Procter Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing materials as "Category I & II non-friable left in place during demolition" material. Materials shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 2 6 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1048 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 1048 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 1101 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 1101 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 2002 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 2002 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. The above named licensed consultant hereby authorizes the Project Manager, Ms. Jennifer Phillips, Mr. Andrew Lee, Mr. Gerald Hebert, Mr. Jordan Bennett, and/or Mr. John Joseph, (DSHS-Licensed Project Managers)to perform the necessary visual inspections as required by DSHS, if applicable. ASBESTOS REMOVAL 3 7 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 GENERAL 1.01 PERSONNEL PROTECTION A. Prior to commencement of work, all workers shall be instructed by the Contractor, and shall be knowledgeable in the appropriate procedures for personnel protection and asbestos removal. B. Contractor acknowledges and agrees that he is solely responsible for enforcing worker protection requirements at least equal to those specified in this Section. C. Contractor shall provide workers with respiratory equipment approved by NIOSH and OSHA for the type of work being performed. Each worker shall be able to show, upon request, dated proof of fit testing performed by qualified personnel for the respirator being used. D. Where respirators with disposable filters are used, provide sufficient filters for replacement as necessary by the workers, or as required by applicable regulations. E. Provide respiratory protection as needed from the time of the first operation involving contact with asbestos-containing materials. Provide respiratory protection until the acceptance of final air test results by Consultant and the completion of containment removal: 1. Provide a minimum of half-face dual cartridge respirators for workers during preparation phases of the work, providing no disturbance of the asbestos- containing material occurs. 2. Provide a minimum of half-face dual cartridge respirators for workers during preparation phases of glove bag-type pipe insulation removal, window/louver unit removal,floor tile and mastic removal, fire door removal, fan-coil unit removal, and exterior caulking/sealant removal, except where these operations are performed in work areas concurrently with abatement activities requiring higher levels of respiratory protection as noted below. 3. Provide a minimum of half-face dual cartridge respirators for workers during all phases of handling and disposal of containerized asbestos-containing waste materials. 4. Provide workers applying spray-applied plastic sheeting with stackable HEPA/ammonia cartridges as applicable. 5. Provide workers using solvents with stackable HEPA/organic vapor cartridges as applicable. 6. Provide a minimum of half-face dual cartridge respirators for workers during all phases of containment removal. F. Contractor shall be solely responsible for scheduling necessary air sampling by an independent testing laboratory for compliance of his respiratory protection with OSHA regulations. Contractor shall pay for all costs associated with such testing. 4 8 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 I. Personnel exposure samples collected by or for the Contractor shall be analyzed in accordance with the OSHA reference method (ORM) as detailed in 29 CFR 1926.1101,Appendix A. 2. Ensure that personnel monitoring strategy employed will result in suitable samples for analysis. 3. Arrange for analysis of personnel monitoring samples such that results of analysis are received no later than forty-eight hours following sample collection. • 4. Post the results of personnel exposure monitoring at job-site, upon receipt from laboratory. G. Permit no visitors, except for governmental inspectors having jurisdiction, in the work areas after commencement of asbestos disturbance or removal. Provide authorized visitors with suitable respirators and protective equipment. H. Provide workers with sufficient sets of protective disposable clothing, consisting of full body coveralls, head covers,gloves, and foot covers, of sizes to properly fit individual workers. I. Provide workers with rubber boots, hard hats, eye protection, hearing protection, and other protective equipment as needed. J. Leave reusable equipment, apparel and protection devices (excluding respirators) in the contaminated equipment room until the end of the asbestos abatement work, at which time such items shall be disposed of as contaminated waste or decontaminated for reuse. K. Provide authorized visitors with suitable protective disposable clothing, respiratory protection (including suitable replacement filters), headgear, eye protection, footwear and other protective equipment of sizes to properly fit visitors whenever they enter the work area. 1.02 SIGN-IN/OUT LOG A. Contractor shall maintain a sign-in/out log in the immediate vicinity of the clean room of the personnel decontamination units. Maintain sign-in/out logs from the time the first activity is performed until acceptance of the final air test results by the Consultant or Project Manager. Require each individual entering the work areas, including the Contractor's workers, Consultant, Project Manager, and government officials to sign in and out each time upon entering and leaving the work areas. B. Sign-in/out log shall indicate date, printed or typed name, signature, social security number, company or agency represented, and time entering and leaving the work areas. 5 9 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.03 ASBESTOS WASTE LOG A. Contractor shall maintain an asbestos waste log to be completed as asbestos-containing waste is removed from the work areas for transport and disposal. B. Asbestos waste log shall indicate date; description of waste included; number, size and type of waste containers, as applicable, removed from work areas; time of day; and signature of recorder. 1.04 TRAINING PROGRAM A. Provide a training program to instruct personnel on proper respirator use, hazards of asbestos exposure and OSHA asbestos regulations in accordance with the requirements of the model accreditation program (MAP) established by the EPA in Appendix C to 40 CFR 763 (E). B. The Contractor shall provide a training program as often as necessary to train all employees to be utilized on the project. No worker shall be utilized on any portion of the Work until training documentation has been reviewed and accepted by the Consultant or Project Manager. 1.05 GENERAL—ALL JOBS A. Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials to the areas indicated. If additional storage is necessary obtain and pay for such storage off site. B. Contractor's Asbestos Abatement Supervisors shall remain on the job site and in immediate contact with those under their supervision during all periods of asbestos abatement activity. C. During any period of actual abatement of asbestos, an abatement supervisor shall be stationed within the containment area at least 25% of the time for the purpose of supervising the progress of the abatement work. D. All licensed supervisors are responsible for respirator fit testing, personal protection of the workers,safety, security and control of access at the job site. E. Supervisors shall also require that operations at the asbestos job site cease whenever hazardous or unlawful situations are detected,so as to affect a remedy. F. Contractor's employees shall be fully clothed at all times (shirt, pants and shoes). Sandals or other open toe shoes shall not be allowed. G. The Owner will specify locations for water and electrical hook up at the time of mobilization. H. Contractor's employees shall be restricted to the immediate work area at all times. I. Contractor's dumpster for disposal of asbestos waste must be kept locked. Location of the dumpster must be coordinated with the Owner. 6 10 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1. Fire Safety. At least one fire extinguisher with a minimum National Fire Protection Association rating of 10BC (dry chemical) shall be placed for every 1,000 square feet, or fraction,of containment area. K. Electrical Safety. Ground-fault circuit interrupter (GFCI) units shall be installed on all electrical circuits used within the regulated and containment areas. L. Air Monitoring. Air monitoring shall include personal samples according to 40 CFR Part 763, Subpart G or 29 CFR §1926.1101, baseline sampling, area sampling, and clearance sampling according to §295.58(i). In a public building, a minimum of three baseline sample (minimum volume of 1250 liters) for analysis by PCM must be collected under normal building conditions prior to the disturbance of ACM as part of any abatement activity. Ambient air samples during the project must also be collected for analysis by PCM. All project activities shall be cleared by using aggressive air sampling. For all projects, samples may be collected and analyzed by NIOSH 7400 protocol, counting rules A, Phase-contrast Microscopy(PCM) as amended. Clearance samples shall be collected at a rate of at least 0.5 less than 16 liters per minute on 0.8 micron MCE filters in conducting cassettes with extension cowls. Minimum sample volume will be 1,250 liters. Clearance will be achieved if no sample is reported greater than 0.01 f/cc by the analysis report from the licensed laboratory. Asbestos Hazard Emergency Response Act(AHERA) protocol will be used in schools. M. Contractor shall also meet the specific safety requirements mentioned in the pre- construction meeting. N. Contractor, transporter and disposal site shall meet the licensing and registration requirements of the Department of State Health Service's,Texas Asbestos Health Protection Rules. 0. A licensed asbestos abatement contractor shall perform all work at night or times when tenants are not present in the work area. P. The contractor shall provide the Owner with a work plan including location of decontamination facilities,work location of negative air machines and other equipment, and a schedule of the work. Q. The contractor is responsible for meeting all federal, state, and local laws and regulation, including but not limited to OSHA, EPA, and DSHS requirements. The contractor is responsible for his own OSHA air monitoring. A third party consultant hired by the Owner will provide on-site and clearance monitoring. 1.06 DOCUMENTS A. The following documents shall be posted in a conspicuous spot at the entrance to the regulated area and must not be covered by any other documents: • The asbestos information poster issued by the DSHS; and • Copies of any violations issued by the federal or state asbestos-regulating authorities within the preceding 12 months from any asbestos project. Documents required to be on-site are as follows: 7 11 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 • EPA"Green Book"for O&M work; • 40 CFR Part 61, Subpart M, titles "National Emissions Standards for Hazardous Air Pollutants (NESHAP), November 20, 1990; • 29 CFR 1926.1101,titles, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, October 11, 1994; • 29 CFR 1910.134, titled, "Occupational Health Standards for A Respiratory Protection Program", October 11, 1994; and • Department of State Health Services, Division of Occupational Health, Texas Asbestos Health Protection Rules, September 22, 1994. B. Tape-Shall be glass fiber or other type capable of sealing joints of adjacent sheets of plastic and for attachment of plastic sheet to finished or unfinished surfaces under both dry and wet conditions. C. Surfactant (wetting agent)- shall consist of a mixture of "Dust-Set Amended Water Base" (Matheson Chemical Corporation), or approved equivalent, and water, mixed to manufacture's specifications. D. Sealant (encapsulant) — Shall be manufactured by reputable, established manufacturer of encapsulant/sealant materials and be approved specifically for use in asbestos contaminated environments. It is the responsibility of the Contractor to determine compatibility of the sealant with the materials and existing conditions. E. Impermeable Containers—Shall be suitable to receive and retain any asbestos-containing or contaminated materials until disposal at an approved site and shall be labeled in accordance with applicable regulations. Containers shall be both air and watertight. Two types of impermeable containers: 1. Metal, rigid plastic or fiber barrels with independent tightly fitting lids, lined with six-mil plastic sheeting or bags. 2. Approximately labeled six-mil plastic bags sized to fit within the lined barrels. F. Warning Labels and Signs—Shall be as required by the Department of State Health Services and OSHA 29 CFR 1926.1101 and posted in both English and Spanish. G. Solvents— If used for flooring or other mastic removal, shall demonstrate a flash point of at least 140 degrees F., as appropriately determined, and must be approved by the Consultant or Project Manager prior to bringing it on-site. H. Other Materials — Provide all other materials, such as lumber, nails and hardware, which may be required to construct and dismantle the decontamination systems and the barriers that isolate the work areas. 8 12 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.07 TOOLS AND EQUIPMENT A. Provide suitable tools for asbestos-containing material removal. 1. Water sprayers — Utilize airless or other low-pressure sprayers for amended water application. Pressure washers or sprayers may not be used. 2. Airless sprayer — Use airless sprayer of sufficient capacity to apply spray-applied plastic sheeting or encapsulant in accordance with manufacturer's recommendations. 3. Air purifying equipment (for internal recirculation in the work area) —Shall include HEPA filtration systems and insure that no internal air movement system or purification equipment exhausts contaminated air from inside the work area into uncontaminated areas. 4. Scaffolding and ladders—shall be as required to accomplish the specified work and shall meet applicable safety regulations. 5. Temporary lighting—Shall be suitable for use in wet environments. 6. Transportation —As required for loading, temporary storage, transit and unloading of contaminated waste without exposure to persons or property. Use only enclosed dumpsters, trailers or other transports to haul waste containers to prevent loss or damage of containers in route to landfill. 1.08 REMOVAL OF ASBESTOS-CONTAINING MATERIAL AND DEBRIS A. Remove and properly dispose of all asbestos-containing materials indicated to be removed by the Contract Documents in accordance with federal, state, and local laws and regulations or as more stringently specified herein. B. During any period of actual abatement of asbestos, an abatement supervisor shall be stationed within the containment area at least 25% of the time for the purpose of supervising the progress of the abatement work. 1. Maintain a sign in/out log, as specified previously in this section, in the immediate area of the change room to be signed by every person each time upon entering and leaving work areas. 2. Place in work areas at least one fire extinguisher with a minimum NFPA rating of 10BC (dry chemical) for every 1000 square feet, or fraction, of work area for the duration of abatement and subsequent cleaning activities. Place at least one similar fire extinguisher in vicinity of change room. 9 13 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 C. Exterior Preparation. 1. Restrict access to exterior grounds immediately adjacent to work areas by barrier tape or similar means. 2. Place appropriate warning signs, in English and Spanish, on at least every other window/door opening. 3. Thoroughly wet asbestos-containing materials and debris to be removed prior to stripping or tooling to reduce fiber dispersal into the air. Saturate material sufficiently to wet to the substrate without causing excess dripping. Allow time for water to penetrate material thoroughly. Spray material repeatedly during the work process to maintain a continuously wet condition. 4. Remove the saturated asbestos-containing materials and debris in small sections. Do not allow materials to dry out. As removed, place in barrels, double wrap or bag the materials in sealable plastic bags, six-mil minimum thickness, and place in containers for transport, labeled with the appropriate wording. 5. Provide general clean up of work areas concurrent with the removal of all asbestos- containing materials and debris. Do not permit accumulation of debris. 6. After removal of asbestos-containing materials and debris, all surfaces in the work area shall be wet-cleaned to remove residual accumulated material. Continue wet cleaning until all surfaces are free of visible dust, dirt and debris. 1.09 CLEAN UP AND CLEARANCE TESTING A. Provide general clean up of work areas concurrent with the removal activities. Do not permit accumulation of debris on work area. B. Standard of cleaning for Final Clearance: Consider contained work areas and all other decontaminated and cleaned areas clean when: 1. Surfaces are free from dust, dirt, residue, and debris from abatement operations or other activities subordinate to these operations. 2. Consultant has approved level of cleanliness. 3. Air testing performed by Consultant indicates that the air in the contained/enclosed work areas is acceptable, as specified in this section. 1.10 DISPOSAL OF ASBESTOS-CONTAMINATED WASTE A. All asbestos abatement waste shall be transported to and disposed of at approved landfills. B. Asbestos-containing waste and debris shall be transported to the landfill double wrapped, double bagged, or in properly lined barrels. Removed debris, pipe insulation, used cleaning tools, towels, protective suits, used plastic sheeting and spray-applied plastic sheeting shall be treated as asbestos-containing waste materials. 10 14 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 C. Temporary storage of asbestos wastes outside the work areas may be utilized only if the proposed area(s) are lined with at least two layers of six-mil plastic sheeting, individually applied, and appropriate warnings are posted. Submit proposed location and procedures for temporary waste storage to the Owner prior to initiating use. D. Remove sealed and labeled containers of asbestos-containing material and waste and transport them for disposal to the specified landfill as follows. 1. Line dumpster, trailer or other waste transport with at least two layers of six-mil plastic sheeting, individually applied. Plastic sheeting used to line waste transport containers need not be flame retardant. 2. Notify the Consultant or Project Manager prior to removing each trailer or other waste transport from the project site. 3. Asbestos-containing waste material shall be treated, packaged, labeled, transported, and disposed of in accordance with 29 CFR 1926.1101 (OSHA),40 CFR 61.150(EPA) and 49 CFR 107 et al.,(DOT). 4. Asbestos waste transport shall be limited to approved routes for transport of hazardous materials. Ensure that there are no visible emissions to the outside air from site where materials and waste are deposited. 5. Notify the Consultant or Project Manager immediately of any spill or similar incident involving the transport and disposal of asbestos wastes. E. Alternative methods of transporting asbestos-containing debris will be considered by the Consultant. Do not use alternative methods until reviewed and accepted by the Consultant. 1.11 FIELD QUALITY CONTROL A. The Consultant or Project Manager shall conduct area air monitoring prior to, throughout, and following preparation, removal and cleaning operations. 1. All phase contrast microscopy (PCM) area air samples collected by the Consultant or Project Manager will be analyzed in general accordance with the procedures outlined in the National Institute for Occupational Safety and Health (NIOSH) 7400 Method and also will follow guidelines issued by EPA regarding detection limits. Owner and Consultant reserve the right to analyze air samples by transmission electron microscopy(TEM). 2. Background prevalent level air samples, collected on media for analysis by phase contrast microscopy, will be obtained from representative areas immediately prior to the start of the project and will be analyzed. 3. Background prevalent level air samples, collected on media for analysis by transmission electron microscopy, will, when deemed necessary by the Consultant, be obtained from representative areas immediately prior to the start of the project and will be held for future analysis at the discretion of the Consultant. 11 15 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 4. Area air samples will be collected both inside and outside of work areas. The Contractor is cautioned, however, that should interpretations be made, opinions be formed and conclusions be drawn as a result of examining the test results, these interpretations, opinions and conclusions will be those made, formed and drawn solely by the Contractor. 5. All samples must meet specified clearance levels for the area being tested to be considered clean. Results of PCM air sample analysis shall be reported as the 95 percent upper confidence limit(UCL). a. Final clearance air samples will be of at least 1250 liters of air, collected at a flow rate of at least 0.5 to less than 16 liters per minute on 0.8 micron MCE filters in conducting cassettes with extension cowls. B. Contractor shall wet-clean and HEPA-vacuum areas outside the contained work areas in which elevated airborne fiber concentrations are detected. Indicated airborne fiber concentrations above 0.01 f/cc, or ambient prevalent levels, will be considered elevated airborne fiber concentrations. C. Visual observations will be made by the Consultant or Project Manager after final clean-up and de-mobilization to determine the presence of visible dust, dirt, debris and abatement refuse indicative of improper cleaning and decontamination procedures. LEAD-BASED PAINT REMOVAL GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the abatement of the building. It must be noted, however, that there are special requirements listed in the specifications, which are in addition to these general requirements for abatement, and that it is the responsibility of the Contractor to comply with all particular requirements. A. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. B. The Contractor shall provide all labor, materials, equipment, services, testing, supervision, and incidentals necessary to perform work of lead-based paint abatement under this contract in accordance with the following specifications. After abatement the areas disturbed shall be cleaned in accordance with the procedures outlined below. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions: A. Extreme caution shall be taken when working around any fuel storage areas. HAZARDOUS MATERIALS A. Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations 12 16 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. The following specifications shall apply: 1. Contractors must be familiar with the contents of this document, included bat not limited to the following: • Worker Protection • All types of Lead-Based Paint(LBP)Testing • Measures for control and containment of lead dust and debris • Disposal requirements 2. In addition, the Contractor must be able to substantiate sufficient prior de-leading experience and/or education providing same with the foresight of the prevailing LBP abatement techniques and safety practices contained herein. 3. Contractors should be experienced in building renovation and restoration, guidelines for control and the handling of toxic and hazardous materials and protection of the environment and the health of all occupants and workers, as per applicable EPA, OSHA,and NIOSH regulations. 4. The following methods shall be adhered to during the abatement activities. Any deviation from this list shall require Consultant's prior approval: a) HEPA vacuum visible debris in vicinity of abatement area involving lead paint. b) HEPA vacuum loose lead-based paint on concrete and wash down with a 5% trisodium phosphate solution. c) The Contractor shall perform Toxicity Characteristic Leachate Procedure (TCLP) sampling of the waste stream prior to moving waste containers off site. This activity shall be supervised by the Consultant. Samples shall be analyzed for TCLP by US EPA Method 1311. d) Debris: Collect and properly dispose of lead-contaminated paint chips and debris from the floor and surrounding areas of LBP. B. APPLICABLE REGULATIONS,CODES AND STANDARDS 1. The Contractor shall acknowledge that he is aware of and will maintain strict compliance will all regulations, codes, standards, and ordinances governing the performance of his work. Furthermore, the Contractor shall be responsible for any failure to comply with applicable documents. 2. Applicable documents include but are not limited to the following: a) OSHA 29 CFR 1926.62, Lead Exposure in Construction (Interim Final Rule); b) OSHA 29 CFR 1910.1025, Lead, General Industry; c) OSHA 29 CFR 1910.1200, Hazard Communication; 13 17 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 d) OSHA 29 CFR 1910.134, Respiratory Protection; e) OSHA 29 CFR 1910.145, Specifications for Accident Prevention Signs and Tags; f) OSHA 29 CFR 1926.59,Hazard Communication; g) US HUD, "Lead-Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing",September 1990; h) Lead-Based paint Hazard Elimination; Interim Rule Title 24, Part 35, 905, 941, 965, and 968 of the Code of Federal Regulations; and i) EPA 40 CFR 261, Resource Conservation and Recovery Act(RCRA.) 3. The most current issue of each document shall apply. Where conflict among requirements or with these specifications exists, the more strict or stringent requirement or interpretation shall apply. 4. The Contractor shall provide at least one copy of any applicable EPA, OSHA, State or City regulation, code, or ordinance at the site available for review. S. Nothing is intended to relieve the Contractor of any responsibility for compliance with state or local laws, ordinances, codes or regulations governing lead-based abatement. Where state and local requirements are more stringent than the Federal regulations, those state and local requirements must be followed by the Contractor. C. NOTICES AND SUBMITTALS 1. Prior to commencing of the work, the Contractor shall provide to the Owner's Representative: a) Assurance that the results of worker medical examinations for blood lead level tests are below OSHA guidelines. b) Material Safety Data Sheets (MSDSs)for products used or stored at the job site. c) Name of testing laboratory to be used for analytical testing of waste materials generated as a result of this project. d) The starting and completion dates of the abatement work. 2. During performance of the work,the Contractor shall provide to the Owner's Representative: a) Test results from analysis of waste materials generated. b) Results of OSHA compliance air sampling conducted on Contractor's employees. c) Daily Log. D. SIGNAGE 1. At least 24 hours before starting removal or handling of lead-painted components, the Contractor shall establish a regulated work area around the contaminated equipment and shall display a warning sign(s), as appropriate. 14 18 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 WARNING LEAD WORK AREA POISON NO SMOKING OR EATING E. CONTROL OF ACCESS No one may enter or remain in a regulated work area at any time during abatement which involves lead paint, unless that person is: 1. The Contractor and his employees. 2. The Owner's Representative's Representative or a state or local enforcement official or his designee. F. WORKER PROTECTION 1. The Contractor shall insure that his employees are protected in accordance with all applicable federal, state and local standards. 2. Initial biological monitoring is required for interim work activities. 3. Workers will wear full body disposable suits with hoods and booties. A TYVEK or similar type of suit may be worn. Suits will be worn in the work area at all times after the pre-abatement inspection and shall remain in use until the area passes final clearance inspection. Light-weight nylon clothes may be worn under the disposable suit, but these underclothes must be changed before leaving the work area and should be laundered separately. 4. Goggles with side shields will be worn when working with a material that may splash or fragment, or if protective eye wear is specified on the MSDS for that product. S. Personal hygiene practices by all workers in compliance with applicable regulations shall be enforced by the Contractor: a.) No eating, drinking, or use of tobacco shall be allowed in the work area. The Contractor shall provide a clean space,separated from the work area,for eating and drinking purposes. b.) Disposable clothing, such as TYVEK suits, and other personal protective equipment (PPE) must be donned prior to entering the work area. Disposable suits shall be used once, then shall be properly discarded. c.) All workers must wash upon leaving the work area in a wash facility provided by the Contractor. Wash.facility will consist of, at least, running potable water, towels, and a HEPA vacuum. Upon leaving the work area, each worker will wash and dry face and hands, HEPA vacuum clothes, and remove and dispose of the work suit as contaminated waste. 15 19 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 G. CONTROL OF EMISSION AND DUST 1. When handling/abating lead-contaminated building components outdoors, Contractor shall spread a minimum 10 mil polyethylene sheet beneath the work area under the component to be removed. The drop cloth shall extend a minimum of 3 ft.from the wall for every 10 ft. of vertical distance involved in the work. Lateral distance along the wall should match this distance on either side of the work area. 2. Minimize creation of lead-contaminated dust and airborne particles by using methods and procedures that create the least amount of dust. 3. When working with lead-painted surfaces, Contractor shall exercise care to avoid dislodging any flaking paint from the substrate. 4. Plastic drop cloths, contaminated paper towels, and other dust and debris generated during the abatement shall be carefully folded into the plastic sheeting to avoid shaking dust from the surface. Folded plastic sheeting shall be deposited for temporary storage and testing in a disposal bag. H. AIR MONITORING AND INSPECTION 1. The Contractor shall be responsible for compliance air monitoring of his workers, per OSHA regulation and as detailed in the Lead Safety and Health Plan. 2. Personal air samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level shall be collected and analyzed. Air samples should be taken in accordance with NIOSH Method 7082, or equivalent. 3. Worker exposure levels shall be evaluated with respect to the OSHA Action Level (30µg/m3) and the Permissible Exposure Level (50 µg/m3) as 8-hour Time-Weighted Averages. If measured exposure levels exceed the criteria set for respiratory protection and personal protection of workers, the Contractor shall stop work, shall notify the Owner's Representative, shall attempt to correct and control the operation to reduce the elevated contamination dust levels. 4. After Contractor has completed final clean-up, and performed a visual inspection,the Consultant will perform a detailed visual inspection. All surfaces will be examined for the presence of dust or debris, especially flat surfaces. If dust or debris is found, Contractor shall re-clean the entire work area and a repeat of the detailed visual inspection will occur. CLEANING SOLUTIONS 1. Contractor shall provide solution containing at least one ounce of five percent trisodium phosphate per each gallon of water. 1. DISPOSAL 1. Disposal bags shall be, as a minimum, individual, 6 mil thick, leak-tight, manufactured polyethylene bags. 2. Polyethylene wrap shall be 6 mil and 10 mil polyethylene sheeting. 16 20 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 3. Disposal drums shall meet US Department of Transportation (DOT) regulations for disposal of respective waste(s)generated. 4. Disposal labels shall identify waste materials (before TCLP testing.) Hazardous wastes shall be identified as such in compliance with RCRA regulations for hazardous materials. K. CLEAN UP OF WORK AREA 1. Clean-up shall be performed by contractor as follows: a. After the abatement work has been completed, remove all debris and dispose of it in designated containers. b. Deposit all lead-contaminated waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing, etc. in double plastic bags, at least 6 mil thick or single 10 mil thick, and seal the bags. c. After vacuum cleaning, phosphate wash concrete surface in the work area with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water. d. After floor washing has dried, HEPA vacuum clean surfaces until no visible residue remains. L. WASTE DISPOSAL 1. The Contractor shall remove daily all lead waste from the work area. 2. The Contractor shall be responsible for removing, controlling, waste materials, all treated as hazardous waste until classification through testing is completed. This includes not only solid wastes but also waste water generated from interim and final clean-up. a. During the actual abatement, the Contractor shall not leave debris in the work area or adjacent property, incinerate debris, dump waste into landfills, or introduce lead- contaminated water into storm or sanitary sewers. 3. For disposal of waste materials, the requirements of the Resource Conservation and Recovery Act (RCRA) as well as applicable state and local solid waste plan requirements shall be complied with. a. Testing of lead-contaminated waste materials per the US EPA's Toxicity Characteristics Leaching Procedure(TCLP)will be conducted. b. If the TCLP results equal or exceed 5.0 mg/I of lead,the waste must be handled as hazardous waste,to be transported to a licensed treatment, storage, and disposal facility(TSDF). c. If the TCLP results are below the regulatory threshold of 5.0 mg/I, the wastes are not considered as being hazardous and can be disposed of as construction debris. d. Results of TCLP testing and analysis will be submitted to the Consultant before disposal of the particular waste stream. e. The following waste materials will be tested to determine whether or not they are hazardous wastes: 17 21 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.) Lead paint chips. 2.) Waste water. 3.) Dust from HEPA filters and from damp sweeping. 4.) Plastic sheets, duct tape, or tape used to cover floors and other services during the abatement activities. 5.) Rags, sponges, mops, HEPA filters, respirator cartridges, scrapers, and other materials used for cleanup. 6.) Disposable work clothes and respirator filters. 7.) Any other items contaminated with lead-based paint. f. Non-hazardous solid wastes shall be placed in double (6 mil) or single (10 mil) polyethylene bags that are air tight and puncture resistant. 1.) The Contractor shall contain and properly dispose of all liquid waste, including lead- dust contaminated wash water. 2.) Exteriors of all containers and disposal bags shall be HEPA vacuumed prior to their removal from the work area and shall be wet wiped. Containers and bags should then be moved into the designated storage area. 3.) The Contractor shall carefully place the containers into a truck or dumpster used for disposal. g. Disposal of Hazardous Waste (as determined by analytical testing): The Contractor shall be required to comply with the RCRA regulations. 1.) Lead-contaminated debris shall not be stored in the work area while awaiting testing and removal. A temporary hazardous waste storage area shall be designated and managed for storage, in compliance with all federal, state, and local regulations. 2.) Waste containers used will comply with EPA and DOT regulations for containers used in storing and hauling hazardous wastes. 3.) If the Contractor is not a certified hazardous waste transporter, a subcontract shall be entered into with a certified transporter to move the hazardous wastes. The third party hauler shall be required to follow RCRA regulations, and all manifestation of the transport and disposal of the hazardous wastes shall be completed and submitted to the Owner's Representative. 4.) Copies of transport and disposal manifests shall be submitted to the Owner's representative for distribution to Owner's Project Management team and Environmental Management and Hazardous Waste Program. 18 22 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 M. POST ABATEMENT SUBMITTALS 1. The Contractor shall provide a total of 5 copies of each submittal. The submittals will be provided to the Owner's Representative for distribution to Owner's Project Management team, and Environmental Management and Hazardous Waste Program. Each set of submittals will be bound using three-hole punch paper. 2. The Contractor shall submit to the Owner's Representative copies of all manifests for the transportation and disposal of solid and hazardous wastes generated. 3. The Contractor shall submit to the Owner's Representative copies of all records indicating that the abatement work has been performed in compliance with applicable regulation and these specifications. BUILDING DEMOLITION PART 1-GENERAL GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: Demolition work includes the complete wrecking of structures and the removal and disposal of all demolished materials. All driveways, parking areas, asphalt, concrete, tire bumpers, signs, sign posts, non City-owned sidewalks, dead trees, brush, etc. shall be removed in their entirety. All work shall be conducted to the satisfaction of the Owner and governing authorities. In addition, the project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials as described above, if applicable, in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose these materials. Building debris shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of this asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Contractor shall submit the EPA required 10 day notification prior to beginning work. SUBMITTALS: Submit proposed schedule and methods and operations of demolition to the Owner for review prior to the start of work. Include in the schedule the coordination for shut-off, capping and continuation of utility services as required. Include any and all correspondence from as acceptable to the governing authorities. 1.12 JOB CONDITIONS Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. The Owner assumes no responsibility for the actual condition of structures to be demolished. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. Items of salvable value to the Contractor may be removed from the structure as the work progresses. Salvaged items must be transported from the Project Site as they are removed. Storage or sale of removed items on the Project Site will not be permitted. 19 23 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Historic artifacts, including time capsules, cornerstones and their contents, commemorative plaques and tablets, antiques, and other articles of historic significance remain the property of the Owner. Notify Owner's Representative if such items are encountered and obtain acceptance regarding method of removal and salvage for Owner. The use of explosives will not be permitted. Do not bring explosives to the Project Site or use any explosives without the written consent of authorities having jurisdiction. Such written consent will not relieve the Contractor of total responsibility for any injury to persons or for any damage to property due to blasting operations. Perform required blasting complying with governing regulations. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks,and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures,other facilities, and persons. Erect temporary covered passageways as required by authorities having jurisdiction. Provide interior and exterior shoring, bracing, or support to prevent movement or settlement or collapse of structure to be demolished and adjacent facilities to remain. Promptly repair damages caused to adjacent facilities by demolition operations at no cost to the Owner. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. The Contractor will disconnect and seal the utilities serving each structure to be demolished, prior to the start of demolition work, upon written request of the Owner. 3.01 DEMOLITION Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. Comply with the governing regulations pertaining to environmental protection. Do not use water in excess when it may create hazardous or objectionable conditions such as ice, flooding and pollution. 20 24 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Consultant or governing authorities. Return adjacent areas to condition existing prior to the start of the work. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. Small structures may be removed intact when acceptable to the Consultant and approved by the authorities having jurisdiction. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. Demolish concrete and masonry in small sections. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. DISPOSAL OF DEMOLISHED MATERIALS: Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. Burning of removed materials from demolished structures will not be permitted on the Project Site. General Demolition Notes 1. Demolish all structures within the property lines including (but not limited to) roof, walls, slab, structural framing, foundation, plants, sidewalks, etc. complete. Use care not to damage adjacent buildings and to confine operations within project limits. Contractor shall remove all debris from site. 2. Demolish and remove below-grade construction and concrete slabs-on-grade. 3. All disturbed areas shall be properly graded after demolition is complete. No ponding shall be allowed to occur. 4. Contractor to take measures to protect trees outside of construction limits. 5. Cut and cap existing gas line. Coordinate work with the gas company. 6. Cut and cap existing sanitary sewer. 7. Contractor shall coordinate shut down of electrical service. 8. Contractor shall protect the storm sewers, contain any runoff and keep adjacent streets and parking lots free of debris, dirt, mud, etc. 9. Structures to remain in place shall be protected from damage during all phases of work. 10. Contractor shall patch and repair all exposed openings or damage due to demolition at no cost to the Owner. 11. Contractor to coordinate the shut-off and capping of utility services as required. 12. Contractor shall be responsible for fencing Work area. 13. Contractor shall field verify the work indicated prior to work. Report discrepancies or concerns immediately to Owner or Owner's representative. 21 25 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 14. Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. 15. The Owner assumes no responsibility for the actual condition of structures to be demolished. 16. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. 17. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. 18. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. 19. Storage or sale of removed items on the Project Site will not be permitted. 20. The use of explosives will not be permitted. 21. Conduct demolition operations and the removal of debris to ensure minimum interference with roads,streets,walks, and other adjacent occupied or used facilities. 22. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings,structures, other facilities, and persons. 23. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. 24. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. 25. Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. 26. Comply with the governing regulations pertaining to environmental protection. 27. Do not use water when it may create hazardous or objectionable conditions such as ice,flooding and pollution. 28. Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Owner or Owner's Representative or governing authorities. Return adjacent areas to condition existing prior to the start of the work. 29. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. 30. Small structures may be removed intact when acceptable to the Owner or Owner's Representative and approved by the authorities having jurisdiction. 31. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. 32. Demolish concrete and masonry in small sections. 33. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. 34. Break up and remove concrete slabs-on-grade, grade beams and top of concrete footings. 22 26 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 35. Locate demolition equipment throughout the structure and remove materials so as not to impose excessive loads to walls,floors or framing to remain. 37. Grade the surface to meet adjacent contours and to provide flow to surface drainage structures. 38. Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. 39. After grading is complete, the site shall be cleaned of all construction debris 2" in diameter and larger. 40. Burning of removed materials from demolished structures will not be permitted on the Project Site. 41. Contractor shall mow all grass with a finish lawnmower prior to completion of project. SCOPE The scope and purpose of these specifications is to establish certain regulations, general requirements, and particular requirements necessary for the demolition, removal and cleanup of the unsafe, vacant buildings located at the subject addresses as required by the Inspections Department of the City of Port Arthur. PERMITS The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other governmental entities, at his own expense, all necessary general and special permits and pay any and all fees for said permits and any other fees, public or private. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of five hundred dollars ($500). If you opt not to set up an escrow account, you must pay cash or by cashier's check as you dispose. GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the demolition of the building. A. It is understood and agreed that the Contractor/Successful Bidder will function and operate as an independent contractor. Any liability incurred by the Contractor/Successful Bidder will accrue only to that party as an independent contractor and not to the City of Port Arthur or its Consultant. B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the Contractor/Successful Bidder without prior,written approval. No subcontractor will be approved unless that subcontractor meets the same insurance requirements specified for and required of the Contractor. C. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. D. All materials, debris, and rubble from the demolition of the building specified herein will become the property of the Contractor/Successful Bidder. Salvage can only begin immediately prior to the beginning of demolition. E. The Contractor/Successful Bidder will be held responsible for repair of broken or damaged water, gas, or any other type of lines, which occur during the course of the demolition work. The Contractor shall repair or replace, if necessary, to the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas 23 27 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 that may have suffered damage as a result of the Contractor's or any of the subcontractor's operations. The Contractor shall leave these areas in a satisfactory condition. F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. G. All demolition work must be carried out to the satisfaction of the City's Inspections Official. 1. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or failure to make prompt payment therefore. H. If the Contract is terminated as provided above or as provided in the Contract, the City will engage another contractor to complete the work. Payment for the completion of such work will come from funds obligated by the City under its contract with the original Contractor. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions apply specifically to the building located at the subject addresses in Port Arthur,Texas. A. Before the building is demolished, its utilities shall be safely disconnected. The Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have them disconnect the services and remove all meters and equipment belonging to them. Forty-eight (48) hours' written notice must be given the City for termination of their utilities. All piping and wiring shall be properly terminated. Any costs incurred in the termination of utilities and services shall be borne by the Contractor. B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors, windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and the cleaning and removal of all rubbish,trash or other debris that would inhibit or prevent the mechanical mowing of said lot and premises.The building foundation shall be removed. C. Fill,grade and level with clean fill dirt all depressions in the earth which exist on the lot and all ruts or other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. D. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches. E. All sewer lines exposed through demolition work must be cut off within two (2) inches of the surface to the ground or concrete slab and must be plugged with concrete in such a manner as to prevent ground water incursion into the City's sanitary sewer system. F. HAZARDOUS MATERIALS Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. 24 28 of 73 INVITATION TO BID ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional ork? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: 29 of 73 CITY OF PORT ARTHUR,TEXAS BID PROPOSAL PAGE BID FOR: Asbestos Abatement&Demolition of 6 Commercial Properties BID'DUE DATR October 24;2018 NUMBER OF DAIS ITEM # 'DESCRIPTION TO COMPLETE COST 1 ' 540-548 Rev Ransom Howard Street (AKA 7th Street) 1._ _. lel Gbo ' co 2 701-709 E,Procter Street - • In S.7-71 : co Q c� 733E Procter•'$ t J ... U(4 Ab, 00 ItzitS.PractertStleet J I t.Dl O 5 1-101 E.Procter Street 7 20 1- (.0 • CO 2202 E. Procter Street 4 $ I o i S%O . o0 Total (61 .... .'. lk 2. `l 04 '0© f P Inland y v' . .- is Ld. . 25380 Sorters Road, Porter, TX 77365 COW, ' _IT-,_4% :. / 7 47 43.it.%TADDBM •44�f / PO Box 6751 Si.. *Van. ft ',E3IDDEQ' ... . / Jed Landrey Kingwood, TX 77325 f tirEMNM- - _ Gam. z Vice President 281-354-7500 SLE -ASA CON TEtEPI 'lo' Jed@InlandEnvironnents.00m 281-354-7540 30 of 73 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offergand agrees tO one of the following: !It I hereby certify that I.do not have outstanding debts Wit,the City Of Port Arthur. I further Ire- to pay succeeding debts,as they become due. j,hereby certify- that r do halielmtstandingdes with the OW pf*Port Arthur and agreelo Val :said.-..debt.o.prior to execution of this agreetiettt. Tritther agretta-p*wcsgeedjag debts as they bee0010. due. I herby certify:that I do have outstanding debts,with the Oily OrPi:itt.Attiiiit and agree to miter into oli Wednietit for the p,liment.of said debts. I further agree,10 ay w000ditfg4obts:•iit they 4.(teoult.,41" / Inland DI V. 011 tS W. 10/24/18 Fi '. i. a e'--; - / bate / Ait/ Ai AVVice President A ,1 Orize7Stici Atiix Title Jed lanc#:4 281-354-7500 _ — 'Xii0;:(p1Prtill10 Jed@lnlandEnvironments.com . atusd -STATE:,TEXAS .....:. OUNTY.tic, momGommy:,, :: ;StlitatiRED AND SWORT51-0 bef9M470 17'40AM/um&‘. Jed tandreY 0-0*§Ilit 24th re' 44 October t018 0:44,, ALLISON MOLINA a, _,J2,,,,,,- My Notary 29593607 piickfra ID#1 :.1.. .4t . 7a,,.1 -;:1)....1.tt) ,e .. -" EO"°cIbber 15.421 ...... - — _. gsotomosi..Atmaimitit 1P.. .oe llam -Pwwiizt.:, - , 31 of 73 CONFLICT OF INTEREST 1. .UE$T!ONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the taw by H.B. 23,84th Leg., Regular Session. OFFiCEUSEONLY This questionnaire is being filed inaccordance with Chapter 176.,Local Goveniment.Code;by a vendor who Date Ft ived has a business relationship es defined by Section 176:001(1-a)with a local Governmental entity and the vendor meets requirement&tinder Section 176.006(a). By lave this questionnaire Must be filed with.the:records administrator of the local governmental entity not later than the 7th business day afterlhe:date the vendor becomes aware of facts`that regt.nre:the statement to be filed. See Section 176..006(e4), Lona(Government Code. A yendot'commits an-ofiense if the vendorknowingly violates Section 176.006,Local Government Code.An efisOte Older this*e on is a misdereati . .J Name of vendor who has a busineiirelationshipwithiocal governmental entity. Jed Landrey, Inland Environments Ltd. i .. J Check:.thisboxifyouarefilm anu update reviousl fried gonnaire.! CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://wwwstatutes.legis.state.tx.us/ Docs/LG/him/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code A 176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section f 76.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www ethics.state.tx.us Revised 1113012015 33 of 73 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding federally funded projects. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. 34 of 73 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. 35 of 73 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Demolition, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. 36 of 73 The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The 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 by himself or by any 37 of 73 subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City bf Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. 38 of 73 CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 39 of 73 SIGNAGE REQUIREMENTS SPECIAL CONDITIONS Public buildings, facilities, and centers constructed with TDRA TxCDBG-DRS assistance shall have permanent signage placed in a prominent visible public area with the wording provided below. The formatting of such signage will be at local discretion to best fit the architectural design of the facility constructed but should be legible from at least three (3) feet distance. Other construction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation, demolition, etc. utilizing TDRA TxCDBG-DRS funding shall have temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality as directed by the owner. Project Sign Wording: "This project is funded by the Texas Department of Rural Affairs of the State of Texas, to provide for disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program." Example of Sign HURRICANE RECOVERY PROJECT (4cOF ;\ ... .t f ., i� .,, Q - _; ,,, 7 This project is funded by the Texas Department of-,Ja_ Rural Affairs of the State of Texas to provide for ``!TEXA6 * disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. p' .,:kMENTa� Q 'S 'C7 .Qw Funds allocated by the United States Department 1( 111111 z of Housing and Urban Development through the * * 2 Community Development Block Grant Program. (.x?QAI DEV-'°¢ WW�V.T D RA.STAT E.T .0 S The City of Port Arthur will create the sign for the contractor to use. The contractor must return the sign when the project is over. 40 of 73 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, 444 4th Street, or P. O. Box 1089, Port Arthur, Texas, 77641, no later than 10:00 a.m. FRIDAY, OCTOBER 24, 2018; and all bids received will be opened and read aloud on FRIDAY, OCTOBER 24, 2018 at 10:15 a.m. in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas, for certain services briefly described as: ASBESTOS ABATEMENT & DEMOLITION OF COMMERCIAL PROPERTIES (6) 1. 701-709 E. PROCTER STREET (DO NOT DISTURB SLAB) 2. 733 E. PROCTER STREET (DO NOT DISTURB SLAB) 3. 1048 E. PROCTER STREET (1)0 NOT DISTURB SLAB)—NO ASBESTOS/LEAD 4. 1101 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 5. 2202 PROCTER STREET—NO ASBESTOS/LEAD 6. 540-548 E. REV. RANSOM HOWARD STREET (AKA 7TH STREET) (DO NOT DISTURB SLAB) 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 no less than 5% of total bid, must accompany the bid as a guarantee that, if awarded the contract, the vendor will perform work and execute the Bonds in the forms provided as outlined in the specifications and instructions to bidders. Copies of the Specifications and other Contract Documents can be picked up at in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov or ww.publicpurchase.com. THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND TO WAIVE FORMALITIES. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. a Cliftdrf Williams Purchasing Manager FIRST PUBLICATION: OCTOBBER 16,2018 SECOND PUBLICATION: OCTOBBER 23,2018 GLO Contract# 13-339-000-7653/ DRS220148 This project funded by Texas General Land Office for disaster recovery Funds allocated by U. S. Dept. of HUD through CDBG 41 of 73 CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this day of in the year 2018, by and between the City of Port Arthur, a legal entity organized and existing in the State of Texas,hereinafter designated as the Owner, and , hereinafter designated as the Contractor. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the Work as specified or indicated under the demolition and asbestos specifications of the Owner's Contract Documents entitled: ASBESTOS ABATEMENT/DEMOLITION OF COMMERCIAL BUILDINGS (6) The Work is generally described as follows: Asbestos Abatement and Demolition ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed within U calendar days after the date of commencement of the Work. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein, plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay(but not as a penalty) the Contractor shall pay the Owner the sum of$150.00 for each calendar day that expires after the time specified in this Article 2, herein. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s), and cents ($ ). ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications, Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. 42 of 73 ARTICLE 6.NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS The contractor shall comply with State law as to licensing on asbestos abatement and disposal. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF PORT ARTHUR: CONTRACTOR: Signature By: By: Harvey L. Robinson Printed Name/Title Interim City Manager Attest: Attest: Date: Date: 43 OF 73 Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when the following criteria have been met. (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. 44 of 73 Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of an laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The 45 of 73 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 46 of 73 (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be 47 of 73 permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the David-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause 48 of 73 include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. 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. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor with the same prime contract, or any other 49 of 73 Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat.96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 50 of 73 CONTRACTOR'S LOCAL OPPORTUNITY PLAN Inland awironments Ltd. ((name or company) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the (City/County) of Jefferson . A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous; seek the assistance of local officials in preparing and implementing the affirmative action plan.. B. To attempt to recruit from within the city the necessary number of lower income-residents through: local advertising media, signs placed at the proposed site for the project; and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the: US, Employment Service. C. To maintain a list of all lower income residents who have applied either on their own,or onreferral from any source, and to employ such persons, if otherwise eligible and if a vacancy ekists; D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilizationgoals and the specific steps planned to accomplish.tt ese goals. E. To insure that subcontracts (greatel than,$10,000), which are typically, Jet on a negotiated (AO than.a;bid basis in areas other than the covered project area, are alto let-on: a negotiated batik Whenever feasible, in a covered projeettei F. To formally:contact unions, suocontractOrt,,and Ode assoCiatiOnt to,.sec ure'iheirt oopefatioti in tits effotf: G. To insure that all appropriate project area business_concerns are notified .tff pending sub-confr�actual Oppt rWhitfes. H. To maintain records, including'copies of correspondence, memoranda;.etc:, whiff document that;all :of the above affirmative action steps have:been taken. it... 'To appoint or recruit an executive official`of the,company or agency as algal 1ppgrttunity Officeplo coordinate the implementation of this.plan. To maintain records concerning thg amount arumber of contracts, submit E and.pttlae which contribute=fig objectives. K. To maintain re©ords of all projected workfforce ne ds.'for.atl phases of the PrOlpet by.0gaitlatcittl iladia, skill lelai, and number of positions and to up a fh a projections based ap.-ii*eAtgiti tq fNti dfifHiring ri eeltlflese Local Opportunity objectiv&:, Inland Environments Ltd. As officers and representatives of (nameof company) , we the undersigned have read and fully,,- a.ee to 'his Plan, and become a party to the full implementation of the program and its provisions. r/ Sigriture -. Vice President 10/24/18 -..._....;_w.-._ ... a ti 51 of 73 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Approx. Total Estimated No. to Estimated $ Contracts Dollar Amount local Business Amount Local Business Abate & Demo 1 TBD No Subcontracting Opportunities. Inland self-performs all aspects of asbestos abate-nment and demolition, we employee sufficient personnel and own all of our equipment. ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Total Estimated No. of Positions No. of Positions No. of Positions Classifications Positions Currently Filled not Filled to fill with L/M Residents Operator 3 3 0 N/A Driver 3 3 0 N/A Helper 3 3 0 N/A Totals 9 9 0 0 52 of 73 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary,questions may be answered on separate attached sheets. The Bidder may stibmit any additional infcirmation he desires. Name Of Bidder: Inland Environments Ltd. Date Organized: 11/25/02 PO Box 6751 Address: Kingwood, TX 77325 Date Incorporated N/A biurnberpf Years in contracting business under present name 19 : CONTRACTS ON HAND: Contract Amount$ Completion Date Western Int'1 $32,000 . 11/9/18 Vines Construction _ ,$175,0.00. ...- 11/30/18 Owen Properties $12,06Q 11/6/18 Type:4 initiric 0041-Med hstwor Company Asbestos Abatement & Demolition Have you everfalte'd to complete any work awerde,d10 you? ....NO .. .._ .: .Have you evee_defaUlted on a contract? No tiStlheprojedtb4adt recently completed by your Orb Otkiaw.projw of 4Milat 1010ortarle*: Project Amount$ Mo/Yr Completed City of HunfRvillp $ 23,750 9/28/18 City of..Bryan . $..64,.261 10/5/18 Malitireteipeptaveilable4$11-ii$Ontract: Excavator, roll-off truck, etc. Attach resume(s) for the ptippp4 member(s)et ypyrzomonigelione.(atAtAing the officers as wolf,es,Itte progibsed Atogiatendent firtrie prt0t. xxeslif ayaimiks,,,,, __:_,_,,... 13'-ankfetorop.41, _Op.rrounity Bank of Texas The „U.psteteigned ;hereby authorizes eri4 recipest einy.person; firm, or corporation to furnish any ediVettiWrequfWetivby:tye City ®f Port Arthur in verification of the iriVitgAs 991014109.9 lit*:4i*PrOPN 0.., ,Ps'a 4101ittcAtIPP . 7 :E.15eddlOatra 4 d:. v kr ob , 201EL, a A. iBygogria-tirro „La , Title: Vice President otitt6010,. ,,_ ied Landrey. .. . ..,.,...., _ . . • 53 of 73 CONTRACTOR CERTIFICATIONS US.Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION`OF,BIQDER REGARDING Extive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring,firing,and promotion practices. This includes practices-related to race,color,,geader,religion,national origin,disability,and veterans'rights. NAME AND ADDRESS OF BIDDER,0104de ZIP Code} Inland Environments Ltd. PO Box 6751 Kingwood, TX 77325 CERTIFICATION BY BIDDER BidclerhasvprOcipated in a previous contract or subcontract subject to Civil Rights Lawsfand Regulations. "Y4g- f No The.undersigned hereby certites-that: Pg The ProvisionbfLocal Trafninct Ernbloyment,and.Business Opportunities tlau'Se0SOction 3 prorli ri)is included in the Contract A written Section 3 plan; ocal Opportunity Plan)was:prepared and submitted aspat of the bid proceeding5:0rb +equals,: t3esdS$19o,00Q). Of'The.Non Seciregated"Facifitiis pdaued.<f Section 109 provision):is included in the trat ; r ted facibties wUI be:maintained as requires byT loll o,the Civil Rights Actof 1964. L?I I'#iel ial Emplovrn Opportunity: i aUse le itiduded in the t; tract(if bid e"I1 1S;b4e edi ;al ., 5 The AffirniativeAotion ftt :Haodicaiakie(Worker's clause is included in the cdpMek 00<S ` `, 041 _.`<' _i 1544 ` t41`+ At's 01'n14000bla d 1'0 0;01A y 03:44 00.1 ! d.d . CI ilia X03 NO Jed Landrey, Vice President NAME AN7 TI •€ F SIGNER(Please type 1, f' ' f 10/24/18 t • • 54 of 73 Jed Allen Landrey PO Box 6751,Kingwood,TX 77325 281-354-7500, Jed@InlandEnvironments.com Education Bachelor of Science,Texas A&M University, 1991 Minor,Chemistry,Texas A&M University, 1991 Chemical Officer Basic Course,US Army Chemical Corps, 1992 Employment History February 1999—Present Owner Inland Environments,Ltd,Beaumont&Houston,TX October 1998—January 2000 Project Manager Basic Industries,Inc. Houston,TX Sept. 1993—October 1998 Chief Estimator Eco Environmental,Inc.,Houston,TX Dec. 1991 —Sept. 1993 Platoon Leader US Army, Ft. McClellan,AL Experience Military Supervised thirty-four men and women,and equipment and supplies,of a chemical decontamination platoon in the United States Army as a 2nd Lieutenant. In charge of conducting training missions to decontaminate military vehicles and personnel;clean environmentally hazardous waste sites;detect chemical agents and the degree of their lethality. Ultimately responsible for the lives and well being of each person in the platoon. Eco Environmental, Inc. Responsible for supervising the estimating department and reviewing the staff's bids prior to submission. Responsible for the take-off of projects that were in excess of two million dollars in contract value. Supervised projects in job-costing and project management in excess of two million dollars. Basic Industries, Inc. Responsible for project management,estimating and sales for all lead,asbestos and environmental contracting projects. Honors &Activities Commissioned as 21°Lieutenant in the United States Army Chemical Corps., 1991 Chemical Corps. Regimental Associations Member Army Service Medal,National Defense Medal,German Efficiency Badge Texas A&M Black Hat Committee Earned the Recondo Award during Advanced Camp at Ft. Lewis,Washington, 1991 Spent 4 years as ROTC cadet with Company Al at Texas A&M University,serving as Supply Officer Served 3 years as Public Relations Officer with Parson's Mounted Cavalry Participated in Collegiate FFA, 1991 Texas A&M Weightlifting Club Earned Eagle Scout Award, 1982 Order of the Arrow, 1981 Environmental Certifications AHERA and Texas Department of State Health Services Asbestos Supervisor/Contractor Lead Abatement Supervisor/Contractor Underground Storage Tank Installation&Removal -Class A&B On-Site Supervisor License Hazwoper Supervisor 29CFR 1910.120 40-hour OSHA Safety Course First Aid Course 1926.50 Section C SECTION 504 CERTIFICATION POLICY-OF NONDISCRIMINATION ON THE BASIS OF OISABILITY >lbe Inland Environments Ltd. does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities. Inland Environments Ltd. (Name) . - (Address) PO Box 6751 Kingmppd, TX 77325 city State Zip Telephone Number fv 281 ) 354 7500 Voice (N/A TDD has been designated ordinate.:cprOliance with the iiiihdiStiiiiltrietiOtt requitbrilaitk 'the 00w:bile-of of Has*'and thbati tW-eloprnebt's (HUD),reptettait itOtatflOhtifig Oatkirl t314 (24 CFR Part.8. dated Junea.V.04,3),1 55 of 73 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS;AND PREVAILING WAGE REQUIREMENTS TO(appropriate recipient) DATE PROJECT NUMBER(if any) CA? PROJECT NAME 7, The undersigned,having executed a cormact With Inland Environments Ltd. for theconstruction of the above-identified project,acknowledges that: la). The Labor Standards provisions are included in the aforesaid contract, M (b) Correction of any infractions of-the;aforesaid condiipns,including infCactipns by any of his subcontractors and-ariy,loiiierlet subcontractors,is his responsibility, 2. Hecertifies that (a) Neither he hor any frm,,partnership or assoaatibh in which hiehas substantial interest is.designated asarttnelig~ibfe cigr 'by ilia Comptroller General of the United Mates pursuant taSectiorr5 6(b)of the Regulations of the:Secretary of Labor,Partv5 (29 CFR,Parts)or pursuant to Sec a)of the Davis B ,aAoS,;asamer�ded{ • ). .-No part of the aforementionedLconfrac has been.ora+vill be,suboontracted to any subcontractor if such subcontractor:o My ttriti,. corporation,partnership or associatfonJn which such sUbcontractorhas a substantial interest is designated as an ineligible t ontraOtor pursuant to any of the:aforementioned regulatory or statutory provisions, Re agrees to obtain and forward to the•atorgmentioned rcuptentwithin ten days after the execution of any subcontract;inCluding those executed by his subcontraotorrand erg)i'towertiii*S h1e4ctors,a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirementsexecu(ed#y tttesr�bcorticf}3rs. .._. ;lie:.certifies that:. (a) The legal name and the business address of tne'undersigned acre" Inland Environments Ltd. PO Box 6751 Kingwood, ,TX 77325 . The is: AZINGLE'PROPRIETQRSHIP (3)A-CORP.ORATiOtstOF GANlZEQ lN`THE$FA1E.Q 91 APART EI:4%P. (4 oTHER;pRRRNI.A..ON WAOIPs) X (c) The naiite, partners (iarid address of the,oNrier, or officers the undersigned are: , ADDRESS__ Lori Lardrey President same Jed Landrey Vice President same • : — 56 of 73 (d) The names and addresses of all other persons having a substantial interest in the undersigned,and the nature of the interest are: NAME ADDRESS NATURE OF INTEREST NONE (e) aIle names,addresses and trade classifications Of all Other buadingoonstructtori contractors in whim,the undersigned has a substatitiai'interest are: NAME ADDRESS TRADE CLASSIFlCATrON NONE Inland Env' onments Ltd. tractor) � ' Date 10/24/18 , /j � �. J:ó Landrey 57 0173 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of TEXAS ) County of MONTGOMERY ) Jed Landrey , being first duly sworn, deposes and says that: (1) He is Vice President of Inland Environments Ltd. , the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed,directlyor indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in Connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of-any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Port Arthur (Local Public Agency)or any person interested in the proposed Contract;and (5) The price or prices quoted in the,attached Bid are fair and proper a,d .t.taintednby any Collusion,conspiracy, connivance or unlawful agreement on the pada t, -. s'••-r or arty of its agents, representatives,owners,employees, or parties in interest,includi this= / (Signed) A ,, ce Pres' ient =Title Subscribed and sworn to.meihis 24th day of October 2018. i r By:- {. .- fP// � Nota ,.Public My commission expires i 4 i S — I :;fir•"Y" ; ALLISON MOLINA My Notary ID#129593807 "Ili . +" Expires October 15,2021 58 of 73 Bond # ZAX 13479 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, Inland Environments as PRINCIPAL,and Axis insurance Company , as SURETY are held and firmly bound unto the city of Port Arthur hereinafter called the "Owner", "in the penal sum of Dollars, ($ TBD ), lawful money of. the United States, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators,:successors, and assigns,jointly and severally, firmly.by these presents. THE CONDITION OF TI-115 OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid,dated 10/24/18 for Asbestos abatement and Demolition of six(6)commerical properties • NOW, THEREFOR, if the Principal shall.not withdraw said Bid within the period specified therein after the opening of the same, or, if•np.period be:specified, within thirty 039)days after the:said opening, and shall Within the period.Specified therefor.,or if no period be specified,within ten_('I g)days after the. prescribed forms are presented #o.him for signature, enter into a written contract with the Owner in accordance with the Bid.as accepted;and give bond with good and sufficient surety or sureties,as may be required,.for the.faithful performance and.proper fulfillment:of such contract;:or in.the event of the withdrawal of salt)'Birt within the:period specified, or the failure to enter into such Contract and give such bond within:the time specified, if the Principal shall pay the OWner'the difference between the amount specified;jn;said Bid and the amount for which the local Public Agency may. procure the required Work or supplies of both,'if the latter be in excess of the former,then the above obligation shall be void and of'no effect, otherwiee_:to remain in full force and virtue. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals:this 19th aayof October,2o1s 'e n - a d corporate seal :of each corporate party•hail herefo affixed and.th'ee present sign y• 'ers •.ned rspr- entative, pursuant to authority of:Its governing body. r ($ AL) Attest: , : Jed .A111, AffN : - Affix Corporate Seal Attest; By; . . .. . _ . , .... Corporate - S:eal Attest: �/,--r.i le t- By' Michael J.Friedrich,AI,.mey-in- Axis Insurance Compan Couiritersigied 300 Connell Drive-Suite 000 Berkeley Heights,NJ 0792 Attorrld.y-11'1:-act.. .. dD, 59 of 73 POWER OF ATTORNEY AXI -6897 Know All Men by These Presents: That AXIS Insurnce Company,an Illinois property and casualty company,(the"Company")does hereby appoint: William A.Ballay,Dana M.Kuber,Michael J.Friedrich,Maria A.Gonzalez,.and Anne.M.,Barber of Bridgeview,IL as its true and lawful Attomey(s)-In-Fact,to make,execute,seal and deliver for and on its behalf as surety,bonds and undertakings,such documents to be valid as though executed by the Company on its own behalf. The Company may revoke this appointment at any time. EXCEPTION: NO AUTHORITY is granted to make,execute,seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, ..,._ check,draft or letter of credit. = . . . . . . . . - This Power of Attorney is signed,sealed and certified-tnderrand by the authority of resolutions adopted by unanimous written consent of the Board of Directors of,the 1 Company on July 12 2013: RESOLVED,that any Vice President,Surety,acting singly,shall have the power and authority to appoint and revoke Attorneys-In-Fact to make,execute, seal and deliver for and on behalf of the Company,as surety,bonds and undertakings,such documents to be valid as though executed by the Company on its . . . . . ' own behalf-subject to the terms and conditions of the subject Brokerage Aireements. . . ,-,.- . .4_:---_ .._ •,..f_-;. ,.'.. ., Ill Witness WitereOf,-,AXIS InSurance Company has caused this instrument to be signed and its corporate seal to be affixed b3(a duly elected and qualified officer,this ,a_ .,.: g5th'Illiffof..;Jahtfary.2018. „- •----7- Attested and Certified AXIS Insurancedom!: y By: li - =-----2 • ---- --- lit ii i _ —. , ,-- .-----: --- sitaliq -..----- _-:-T-----,-..----- :7-------- -::.--=.7„ --17.47 --.,1-. ,,-__L:— ---7,- --f.--- Printed Name: Andrew M.Weissert •--- _. . • Title: Senior Vice President . . • . . . . . . . . . . , Ha. ' S_TATg,0,4E atiatLGIA -Acdtpity oettyLkoN ---1-R -- ---- — .-- ------- .. BEfore me personally came Andrew M.Weissert, Senior Vice President of AXIS Insurance Cdhipany to me known to be the individual and officer described herein, who acknowledged that they being duly authorized signed,sealed with the corporate seal and delivered the foregoing instrument by the authority and direction of said Company. 00111111/W0, \V, fp IN TESTIMONY WHEREOFnt ,I have hereunto set my hand and affixed_ idffiI seal. .:•..:::' .9:, .•''''''''•. 4C' ".•:.... _-,.=_-. -7-..4.7---.:-"--_.--r--._-----.-- --- -----.-. •••• ..6arnov... (.1:<, ...., ,L,_._.7,---..,F.-7a. ,--.7-41-7 ,:;7='-i., 7,-;,,, to: :4 1-1— __ ______=_, Pliat tC j :5: E 7.• di - Notary Public 1 .c.....0 tel. Rts / 0 F., -3.-- I .4:•e:12-1209-/Cf.•411. ' Of-;"------- G, .._•ifikri./ ..t+ i .II..• .v.• CERTIFICATION_ -•:.•i:s_-: ''•-•j_,••. -fifirintriostots* ' -- t-Tlaichard Zarandona Vice President.Surety&Assistant Secretary of AXIS Insurancet dffi-pany, io hereby certify that the attached Power of Attorney dated January 25,2018 on behalf of the person(s)as listed above is a true and correct copy and the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said Andrew M.Weissert,who executed the Power of Attorney,was a duly elected Vice President,Surety of AXIS Insurance Company on the date of the executionAnf the attached Power of Attorney. — -----,7—_'_- IN TESTIMONY WHEREOF,I have hereuntedet my_had and aftlid the ccittorate seal of AXIS Insurance Company on --- this the YaltAay of 0 Ctk.5.„..2018 . I / _. i . - - . _ .,....„. .7-4,Q.:ir.:.: . -,:r• Peiil By: ik . rinitd Name-fe--kiehard Zaranima • • Title: Vice President,Surety - =- - ,_ - „,,; _ .. _ :--f-.5.-_-,_:: ,_t.--,-;..•--a. . .,z,---7,,,,a,r 1,ET: •-=_.7..am- T-.-,r. ,---„_--,--F ---. 1.-- -- F.0 -7..''-: ',..,••'"..' - „ ., ---.' -.-.-. -, „2T• " CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the , , Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body. Corporate Seal Title: * Power-of-attorney for person signing for surety company must be attached to bond. 60 of 73 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a _, hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of $ Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB- CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 to the SPECIFICATIONS. 61 of 73 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 counter-parts, each on of (Number) which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) 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. 62 of 73 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a hereinafter called Principal, and (Name of Surety Company (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) 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 in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in 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, and 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 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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 to the SPECIFICATIONS. 63 of 73 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) ATTEST: (Surety) 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. 64 of 73 ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Date: Print Attorney's Name: 65 of 73 Copeland Act Regulations Title 29 — LABOR PART 3—CONTRACTORS AND Subtitle A -- Office of the SUBCONTRACTORS ON PUBLIC of Labor BUILDING OR PUBLIC WORK Secretary FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS `I FROM THE UNITED STATES Sec. minimum wage provisions of the Davis-Bacon 3.1 Purpose and scope Act and the various statutes dealing with 3.2 Definitions Federally-assisted construction that contain 3.3 Weekly statement with respect to payment similar minimum wage provisions, Including of wages those provisions which are not subject to 3.4 Submission of weekly statements and the Reorganization Plan No. 14 (e.g., the College preservation and inspection of weekly payroll records. Housing Act of 1950,the Federal Water 3.5 Payroll deductions permissible without Pollution Control Act, and the Housing Act of application to or approval of the Secretary 1959), and in the enforcement of the overtime of Labor. provisions of the Contract Work Hours 3.6 Payroll deductions permissible with the Standards Act whenever they are applicable to approval of the Secretary of Labor. construction work. The part details the 3.7 Applications for the approval of the obligation of contractors and subcontractors Secretary of Labor relative to the weekly submission of statements 3.8 Action by the Secretary of Labor upon regarding the wages paid on work covered application . payroll Prohibited payroll deductions. thereby; sets forth the circumstances and 3.10 Methods of payment of wages. procedures governing the making of payroll 3.11 Regulations part of contract. deductions from the wages of those employed on such work;and delineates the methods of AUTHORITY: The provisions of this Part 3 payment permissible on such work. issued under R.S. 161, sec. 2, 48 Stat.§48; Reorg. Plan No. 14 of 1950,64 Stat. 1267, 5 U.S.C. Section 3.2 Definitions. Appendix;5 U.S.C.301;40 U.S.C.276c. SOURCE: The provisions of this Part 3 appear As used in the regulations in this part: at 29 F.R.97,Jan_4, 1964,unless otherwise noted. (a) The terms building"or'work" generally include construction activity as Section 3.1 Purpose and Scope. distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. This part prescribes "anti kickback" The terms include, without limitation, buildings, regulations under section 2 of the Act of June structures, and improvements of all types, such 13, 1934, as amended (40 U.S.C. 276c), as bridges, dams, plants, highways, parkways, popularly known as the Copeland Act. This streets, subways, tunnels, sewers, mains, part applies to any contract which is subject to powerlines, pumping stations, railways, Federal wage standards and which Is for the airports, terminals, docks, piers, wharves, construction, prosecution, complet'on, or repair ways, lighthouses, buoys, jetties, breakwaters, of public buildings, public works or buildings or levees, and canals;dredging, shoring, works financed in whole or in scaffolding, drilling, blasting, excavating, part by loans or grants from the United States. clearing, and landscaping. Unless conducted The part is intended to aid in the enforcement in connection with and at the site of such a of the building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State 66 of 73 subsidiary or otherwise,and an officer or agent agency acquires title to such materials, articles, supplies,or equipment during the of such corporation. course of the manufacture or furnishing, or (g) The term "f=ederal agency" means owns the materials from which they are the United States,the District of Columbia, and manufactured or furnished)is not a"building" all executive departments, Independent or"work"within the meaning of the regulations establishments, administrative agencies, and In this part. instrumentality's of the United States and of (b) The terms"construction," the District of Columbia, Including corporations, prosecution,' completion," or'repair' mean all all or substantially all of the stock of which is types of work done on a particular building or beneficially owned by the U nited States, by the work at the site thereof, including, without District of Columbia, or any of the foregoing limitation, altering, remodeling, painting and departments, establishments, agencies, and decorating, the transporting of materials and instrumentality's. supplies to or from the building or work by the {29 FR 97,Jan_4,1964,as amended at 33 FR 32575,Nov.27, employees of the construction contractor or 1973} construction subcontractor, and the Section 3.3 Weekly statement with manufacturing or furnishing of materials, respect to payment of wages. articles, supplies, or equipment on the site of the budding or work, by persons employed at (a) As used in this section, the term the site by the contractor or subcontractor. "employee'shall not apply to persons in (c) The terms"public building" or classifications higher than that of laborer or "public work" include building or work for mechanic and those who are the immediate whose construction, prosecution, completion, supervisors of such employees. or repair, as defined above, a Federal agency (b) Each contractor or subcontractor is a contracting party, regardless of whether engaged in the construction, prosecution, title thereof is Ina Federal agency. completion, or repair of any public building or (d) The term "building or work financed public work, or building or work financed in in whole or in part by loans or grants from the whole or in part by loans or grants from the Unites States" Includes building or work for United States, shall furnish each week a whose construction, prosecution, completion, statement with respect to the wages paid each or repair, as defined above, payment or part of its employees engaged on work covered by payment is made directly or indirectly from 29 CFR Parts 3 and 5 during the preceding funds provided by loans or grants by a Federal weekly payroll period. This statement shall be agency. The term includes building or work for executed by the contractor or subcontractor or which the Federal assistance granted is in the by an authorized officer of employee of the form of loan guarantees or insurance. contractor or subcontractor who supervises the (e) Every person paid by a contractor payment of wages, and shall be on form WH or subcontractor in any manner for his labor in 348, "Statement of Compliance," or on an the construction, prosecution, completion, or identical form on the back of WH 347, "Payroll repair of a public building or public work or (For Contractors Optional Use)"or on any form building or work financed in whole or in part by with identical wording. Sample copies of WH loans or grants from the United States is 347 and WH 348 may be obtained from the "employed" and receiving"wages,' regardless Government contracting or sponsoring agency, of any contractual relationship alleged to exist and copies of these forms may be purchased between him and the real employer, (f) The term "any affiliated person" at the Government Printing Office. (c) The requirements of this section includes a spouse, child, parent, or other close shall not apply to any contract of$2,000 o r relative of the contractor or subcontractor; a less. partner or officer of the contractor or (d) Upon a written finding by the head subcontractor; a corporation closely connected of a Federal agency, the Secretary of Labor with the contractor or subcontractor as parent, may provide reasonable limitations, variations, 67 of 73 it tolerances, and exemptions from the (a) Any deduction made In compliance requirements of this section subject to such with the requirements of Federal, State, or conditions as the Secretary of Labor may local law, such as Federal or State withholding specify. income taxes and Federal social security (29 F.R.95,Jan.4,1964,as amended at 33 F.R.10186,July taxes. 17,1988) (b) Any deduction of sums previously paid to the employee as a bona fide Section 3.4 Submission of weekly prepayment of wages when such prepayment statements and the preservation and is made without discount or interest. A"bona inspection of weekly payroll records. fide prepayment of wages"is considered to (a) Each weekly statement required have been made only when cash or its under§3.3 shall be delivered by the contractor equivalent has been advanced to the person or subcontractor, within seven days after the employed In such manner as to give him regular payment date of the payroll period, to a complete freedom of disposition of the representative of a Federal or State agency In advanced funds. charge at the site of the building or work, or if (c) Any deduction of amounts required there is no representative of a Federal or State by court process to be paid to another, unless, agency at the site of the building or work, the the deduction Is in favor of the contractor, statement shall be mailed by the contractor or subcontractor or any affiliated person, or when subcontractor,within such time,to a Federal or collusion or collaboration exists. State agency contracting for or financing the (d) Any deduction constituting a building or work. After such examination and contribution on behalf of the person employed check as may be made, such statement, or a to funds established by the employer or copy thereof, shall be kept available, or shall representatives of employees, or both, for the be transmitted together with a report of any purpose of providing either from principal or violation, in accordance withapplicable income, or both, medical or hospital care, procedures prescribed by the United States pensions, or annuities on retirement, death procedures nof Labor. benefits, compensation for injuries, illness, Depart(b) Each contractor or subcontractor accidents, sickness, or disability, or for shall preserve his weekly payroll records for a insurance to provide any of the foregoing, or period of three years from date of completion unemployment benefits, vacation pay, savings of the contract. The payroll records shall set accounts, or similar payments for the benefit of out accurately and completely the name and employees, their families and dependents: address of each laborer and mechanic.his Provided, however, That the following correct classification, rate of pay, daily and standards are met: (1)The deduction is not weekly number of hours worked, deductions otherwise prohibited by law; (2) it Is either: (I) made, and actual wages paid. Such payroll Voluntarily consented to by the employee in records shall be made available at all times for writing and in advance of the period in which inspection by the contracting officer or his the work is to be done and such consent is not authorized representative, and by authorized a condition either for the obtaining of or for the representatives of the Department of Labor, continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement Section 3.5 Payroll deductions between the contractor or subcontractor and permissible without application to or representatives of its employees; (3)no profit approval of the Secretary of Labor. or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor Deductions made under the circumstances or or any affiliated person in the form of in the situations described in the paragraphs of commission, dividend. or otherwise; and (4) this section may be made without application the deductions shall serve the convenience to and approval of the Secretary of Labor: and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps 68 of 73 and Bonds when voluntarily authorized by the such consent is not a condition either for the employee, obtaining of employment or its continuance; or (f) Any deduction requested by the (2) provided for in a bona fide collective employee to enable him to repay loans to or to bargaining agreement between the contractor purchase shares in credit unions organized or subcontractor and representatives of its and operated in accordance with Federal and employees. State credit union statutes. (35 F.R.9770,May 28,1971.} (g) Any deduction voluntarily Section 3.6 Payroll deductions authorized by the employee for the making of permissible with the approval of the contributions to governmental or quasi- Secretary of Labor. governmental agencies, such as the American Red Cross. Any contractor or subcontractor may apply a I to (h) Any deduction voluntarily authorized by the employee for the making of the Secretary of Labor for permission to make contributions to Community Chests, United any deduction not permitted under§3.5. The Givers Funds, and similar charitable Secretary may grant permission whenever he organizations. finds that: (i) Any deductions to pay regular union (a) The contractor, subcontractor, or initiation fees and membership dues, not any affiliated person does not make a profit or including fines or special assessments: benefit directly or Indirectly from the deduction Provided, however, That a collective either In the form of a commission,dividend, or bargaining agreement between the contractor otherwise; or subcontractor and representatives of its (b) The deduction is not otherwise employees provides for such deductions and prohibited by law; the deductions are not otherwise prohibited by (c) The deduction is either(1) law. voluntarily consented to by the employee in (t) Any deduction not more than for the writing and in advance of the period in which "reasonable cost" of board, lodging, or other the work is to be done and such consent is not facilities meeting the requirements of section a condition either for the obtaining of 3(m)of the Fair Labor Standards Act of 1938, employment or Its continuance, or(2)provided as amended, and Part 531 of this title. When for in a bona fide collective bargaining such a deduction is made the additional agreement between the contractor or records required under§516.27(a) of this title subcontractor and representatives of its shall be kept. employees; and (k) Any deduction for the cost of safety (d) The deduction serves the equipment of nominal value purchased by the convenience and interest of the employee. employee as his own property for his personal protection in his work, such as safety shoes, Section 3.7 Applications for the approval safety glasses, safety gloves, and hard hats, if of the Secretary of Labor. such equipment is not required by law to be furnished by the employer, if such deduction is Any application for the making of payroll not violative of the Fair Labor Standards Act or deductions under §3.6 shall comply with the prohibited by other law, If the cost on which the requirements prescribed In the following deduction is based does not exceed the actual paragraphs of this section: cost to the employer where the equipment is (a) The application shall be In writing I purchased from him and does not include any and shall be addressed to the Secretary of direct or indirect monetary return to the Labor. employer where the equipm ent is purchased (b) The application need not identify from a third person, and if the deduction is the contract or contracts under which the work either(1)voluntarily consented to be the in question Is to be performed. Permission will employee in writing and in advance of the be given for deductions on all current and period in which the work is to be done and future contracts of the applicant for a period of 69 of 73 1 year. A renewal of permission to make such Section 3.11 Regulations part of contract, payroll deduction will be granted upon the submission of an application which makes All contracts made with respect to the reference to the original application, recites the construction, prosecution, completion, or repair date of the Secretary of Labor's approval of of any public building or public work or building such deductions, states affirmatively that there or work financed In whole or in part by loans or is continued compliance with the standards set grants from the United States covered by the forth In the provisions of§3.6, and specifies regulations in this part shall expressly bind the any conditions which have change d in regard contractor or subcontractor to comply with to the payroll deductions. such of the regulations In this part as may be {36 F.R.8770,May 28,1971.) applicable. In this regard, see§5.5(a) of this (c) The application shall state subtitle. affirmatively that there is compliance with the standards set forth In the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compile nce. (d) The application shalt include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.B Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on dem and, or the additional forms of compensation for which deductions are permissible under this part. No other methods of paym ent shall be recognized on work subject to the Copeland Act. 70 of 73 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES Inland Environments LTd. Asbestos Abatement & Demolition NtanIe:ofRiitne-ContraCtOr of 6 Camercial Properties Project Name&Number Theundersigned hereby certifies that: (a) Seetion.3provisions are included in the Orottrraa. (b) A written Section 3 plan was prepared and submitteaAtliattlatifehitt proceedings(if bid equals or exceeds$10,9,90),and 116-4410 Jed Landrey, Vice President Name&Title ofSiggerCP ;:t7oi The) ' / f 1 /2 4/1 8 - - • 1:5441.- 71 of 73 House Bill 89 Verification Jed Landrey (Person name). the undersigned representative Inland Environments Ltd. (hereafter referred to.as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult Over the-age of eighteen (18) years Of age, after beirtg:diAyswcinl--by the undersigned nOtary, do hereby depOse-and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; Z. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be-ortered into between BUSiness Entity and the City a Port Arthur; and That Repretentative understands that the term "boycott Itrael" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise'taking any action that is intended to penali4g; inflict 'economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing busine$:$inlsrael or in an Israeli-controlled territory, but does not include a • otis ; . -de for ordinary business purposes., SI ATU fa: R- `°MSENTATIVE StiBSORIKED MO SWORN TO BEFORE ME,,the underskined filtil04%,Olt this 24th day of October 20 18, ... ALLISON MOLINA '4c My Notary ID#129593607 Expires October 15,202i I fi WOO:POW' 72 of 73 SB 252 CHAPTER 2252 CERTIFICATION 1, Jed Landrey , the undersigned n representative of Inland Environments_Ltd. (aininy or Business Name) being an adult over the age of eighteen (18) years of ;ae1 pursuant to Texas GovernMent COde, Chapter 2252, Section 2252,152 and 8ed1pri 2252153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning te,listing.or companies that are identified under Section 806.051, Section 80.7.051. or Section 2253.153. 1 further certify that should the above-named ompany Onter into a cootract that is listing of companies on the wobato ofthe Comptroller of the State of Texas whidt CIO,business with Iran, Sudan or OW Pilit000. Terrorist: Organization, I will immediaft notify the City of Port Afthur -Purcbasing Department i Jed . i• -y .eillk. Nance ' fi.,:4/4::•a :jRiiiktiiii(Printi . - , A Sig// (r,la-Lire of Opmp';'.--ytitspAgentatta, 10/24/18 Date' . . 73 of 73 i- ' O z W °' 1---1 U N N '� 5, ^' ' 0(-....\I ~ ,Q Q s,W O VD O0 C4-4 o Hi e s�, O W A kr") w 4.-) ° .,z Z V �' w cl E--+ cs v ° a tx W Z .� Q E--( LU W o ° ILI z ocil o z0R, W w�� siqi V 0 Lu }{ ~ Lu _ Z oU F—QH 1, W v O O 0 Az .0 ' 0 3'H Attt 0-4 [Nw •N gLi Wo N W N NO 1/40 h 00 - `off -� fl N w t E � � z z Hw -S, U 61 o +'.' ► a U 0 v l Ia it F-( O <O Y, -.- r -- -0 C"� e= a cz O < H W ti •r"1"SCO (� 1ct l� ti ` .. Ill ui l'�rL%==-� E= (r a ( C--) '-' CC „,.' ' i Vi, H Z ` O '� H zr • I v) o k•-•'..,,'4 •,i ,f 11/ O ( o W W Z ::r� i� ruY' }N•({ •�j c.ate � ,--i F�� � := 0a o 0 .'7/ w v) 0 /--c co)CU tl cA x W H W v ''Q C U W W a H 4 � � A-c W o Q � Z H ” O Z • w . O ►-] U A - OATS{MM/DO(YY- AcciRC? CERTIFICATE OF L[AB1L-IT INSURANCE ro • s oo)s CERTIFICATE I$•ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlFJCATE HOLDER. THIS t.+rtTFJCATE DOES NOT AFFIRMATIVEt.Y OR NEGATIVELY AMEND, EXTEND'OR ALTER THE COVERAGE AFFORDED.BY THE POLICIES BELOW. THIS CERTIFICATE OF :INSURANCE DOES .NOT CONSTITUTE A- CONTRACT BETWEEN THE ISSUING INSURER(S), .AUTHORI EO REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • IMPORTANT: .If the cettficete holder is-an ADDITIONAL INSURl?D,the poliey(Iea1 must have:ADDITIONAL INSURED Provisions oy be etldorsed. If SUB 3A11OH Is WAIVED,subject`to the terms.nd:conditioins of the I}o1Tcy.certain policies may regalee an endorsement: A ataternent on this. cettiflcate does riot coafet rights to the certificate holder in Ilelsaf each eiidofsemotifisl- . ... 44ROax z ro�WcT SI WN WYATT. . .THEWYATTAGENCY I •Ho: .9*291-3074 1inu_T+oT$36=291 1; 17 1300.1111-1 MEET - ARGOIOSBCGLOBALNET -. • • # SUITE305-E xlSuPERfS.}A FaiNccovEgfos it+.�cr _tiUNTSVILLE;TX 7734.13._ . .. 1tksi RJB ARCH•SPECIALTY INS_CQ,_. •2ii09 - o*A - .. .. . firthur+> e:.;NATl4NWUJE Mvrui l2:1787 iNlAND ENVIRONM8isTS;tTTh., . thiSisRIERit TEXAS MUTUAL INSURA►4CECO.-. -•"7'945 P.O, B0X.6751 uvcurLR o: °KINGWOOD,TX 77325 .. . . : _ _ _ tr+SURCRFc .; .-.. COVERAGES__ .. :CERTIFICATE NU1 BP.R: • ....:. '. • REVISION._NUMBER: .. - . •THIS IS TO CERTIFY.THAT THE POLIOS OF INSURANCE:WWI)BELOW:HAVE BEEN fSSUED TO THE INSJRED NAMED ABOVE.FOR THE POLE PERH?D .- INMATE). RID GATED, 'NOTSMI'HSTANDING ANY REOIJ EMEHT,TERM OR COHDCnOI4 OF ANY CONTRACT OR OTHER DOWM941"WITH,RESPECT TO WHICH 7ltIS CC}'tTWIC. TE MAY BE-.ISSUED OR MAY PERTAIN, THEICE IN$URA �lFFDRtiE'D BY THE POLICIES DESCRIBED tl,E REIN IS SUBJECT TO ALL THE TEEMS . eX WS10NS ANOCONOT'IONS 3F SUCH P{O,uO ES:LIMITS SHOWN MAY HAVE SEEN RE UCED BY:PAID:C�LAAIIMg. MT 1YP,E*.eiSpwor.:6 flfid j PQUCYNU1,18eil , 1 Y1 hrM?04JIYY 1 . u A • X f*i- ALi w oawcsAWLITY 112 EMP 43854A1 411.1./i 8 4111119- EACH 6CCU€EEEGE s 1,00,000 .. 1.1 el...o S •x4ADE �11 9ecuR • ET-y�`�•x •_, . �., i 50,000 .d_q. Aa`IJE&TOS .teEtrEa.rtJ-r cera«,> s. 5,060 X i POLE( TIpU::1,1ABILITY • sari t is MN s 1,000;000 . : aft d04 A Et!Mtc A PCiEt'PER: .0aNeRJ1G1E r TE c i 2;0004M..... 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Dr_sibp-noer c .rto►tr icicle ltosivoset.sc�c*n:lot,Aildo+oa�tit .g, ! irs.,iiiiif �!�e aKs�me.Q.a1�4. , CEknA_ AT yOWER AND ANY OTHER ENTITY RE AAE,tNQU) P A5_AIDicIQ&/L SIRED( CERTWO RS CoMP), IF,T•t outR D �OIN TEL'CQ RACT,P€R#?OUGY BL A*(Er Ed ��'I 444.r.6:._BLANf , -1NEsiR;QF.SURROGATTe3N+ 1 .I TO R ITE O1- R.ANL 'O1"I4ERl iTfl"Y;IF REf tW ED SY, :CONTRAS , -1. `POLUGY N $• , ttaiFtOlktE titApAR • •GAHOg.LAT[?lir ... _ . r:. -TSN ' .PE PECOV RED tH. t77e;4, s _` - Q 1►tGK .. ;Atp ip3 ear retdtR g . . - • EXHIBIT"B-3" CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this day of in the year 2018, by and between the City of Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and Lark Group, Inc., hereinafter designated as the Contractor. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the Work as specified or indicated under the demolition specifications of the Owner's Contract Documents entitled: DEMOLITION OF TWO (2) COMMERCIAL BUILDINGS 1048 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 2002 PROCTER STREET—NO ASBESTOS/LEAD The Work is generally described as follows: Demolition ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed within eight (8) working days after the date of commencement of the Work. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein, plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner the sum of $150.00 for each calendar day that expires after the time specified in this Article 2, herein. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s), Twelve thousand, five hundred dollars and no cents ($12,500.00). ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications, Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. ARTICLE 5. PAYMENT PROCEDURES Payment will be made in full when all of the work is completed and approved by City staff with provision for damages in accordance with Article 2 of this Agreement. 1 EXHIBIT"B-3" ARTICLE 6. NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS The contractor shall comply with State law as to licensing on asbestos abatement and disposal. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF PORT ARTHUR: LARK GROUP, INC. Signature By: By: Harvey L. Robinson Printed Name/Title Interim City Manager Attest: Attest: Date: Date: *Demolition Specifications are made a part of and attached hereto. *Asbestos/Lead or Technical Specifications that have been prepared by Total Safety U. S., Inc. are incorporated by reference. 2 1-11-1-1; ' T :<<, BID AND CONTRACT DOCUMENTS FOR ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES BID DUE: OCTOBER 24, 2018 \TXGL0 7 u GLO Contract# 13-339-000-7653/ DRS220148 This project funded by Texas General Land Office for disaster recovery Funds allocated by U. S. Dept. of HUD through CDBG Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street Port Arthuf,oT? as 776411 409.983.8160 I Fax 409.983.8291 Table of Contents 1. Invitation to Bid II. Bid Info III. Specifications IV. No Bid Form V. Bid Proposal Page VI. Affidavit Page VII. Conflict of Interest VIII. General Conditions IX. Signage Requirement X. Advertisement for Bids XI. Standard Form of Agreement XII. Federal Labor Standards Provisions XIII. Contractor's Local Opportunity Plan XIV. Statement of Bidder's Qualifications XV. Contractor Certifications XVI. Policy of Non Discrimination on the Basis Disability XVII. Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements XVIII. Non Collusion Affidavit of Prime Bidder XIX. Bid Bond XX. Payment Bond XXI. Performance Bond XXII. Attorney's Review Certification XXIII. Title 29-Labor Section 3 XXIV. Certification of Bidder Regarding Section 3 and Segregated Facilities Form XXV. House Bill 89 Verification XXVI. SB 252 Chapter 2252 Certification 2 of 73 DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III, MAYOR PRO TEM , • = 10--" INTERIM CITY MANAGER COUNCIL MEMBERS: ; SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. (H-1 CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. ` VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK OCTOBER 12, 2018 INVITATION TO BID ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 24, 2018. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 24, 2018 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P19-002 DELIVERY ADDRESS: Please submit one(1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 /1M 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinj to: City of Port Arthur, TX Clifton Williams, Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O. Box 1089 1 444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 3 of 73 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager 4 of 73 MOM =MIN TOTAL SAFETY Building HEROES. Protecting HEROES. August 1,2018 City of Port Arthur PO Box 1089 Port Arthur,Texas 77640 Attn: Ms. Darlene Thomas-Pierre Ref: Asbestos/Lead Technical Specifications for Demolition of 6 Properties 540-548 Rev. Ransom Howard Street,701-709 E. Procter Street,733 E. Procter Street, 1048 E. Procter Street, 1101 E.Procter Street&2002 E. Procter Street Ike Round 2.2 Commercial Demolition Project Port Arthur,Texas BY: Daniel R.Ward DSHS Consultant License No. 10-5479 Expires: May 11, 2020 INTRODUCTION AND SCOPE The following technical specifications shall address the proper removal, transportation and disposal of the asbestos-containing materials, lead-based paint and commercial buildings as listed below. The work activities will follow all applicable rules and regulations, including the Texas Department of State Health Services (DSHS), the EPA National Emission Standard for Hazardous Air Pollutants (NESHAP) and the Occupational Safety and Health Administration (OSHA), as applicable. Contractor shall submit the DSHS/EPA required 10 day notification prior to beginning work. All work schedules shall be approved by consultant and City of Port Arthur. Contractor shall supply all water and electricity needed to complete the project. Contractor shall be responsible for collecting toxicity characteristic leachate procedure on lead-based paint waste to determine proper disposal.All results shall be submitted to consultant for approval. 540-548 REV. RANSOM HOWARD STREET Asbestos This project will include the proper removal, transportation, and disposal of approximately 1,300 square feet of asbestos-containing exterior transite siding material. Lead-Based Paint This project will also include the proper removal, transportation, and disposal of grey lead-based paint on exterior wood door frame; white lead-based paint on exterior brick beneath windows; green paint on exterior plaster siding;and white paint on interior wood ceiling. 365 Highway 365,Port Arthur,TX 7764o 409-727-8227 www.totalsafety.com City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Demolition This project will also include the proper removal, transportation and disposal of "left-in-place" asbestos containing sheetrock joint compound with texture material at the building located at 540-548 Rev. Ransom Howard Street in Port Arthur,Texas in accordance with all applicable federal,state and local regulations. The contractor shall properly transport and dispose the asbestos containing material as "Category II friable left in place during demolition" material. Material shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 701-709 E. PROCTER STREET Asbestos See below. Lead-Based Paint See below. Demolition This project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials at the building located at 701-709 E. Procter Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing materials as "Category I & II non-friable left in place during demolition" material. Materials shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 733 E. PROCTER STREET Asbestos See below. Lead-Based Paint See below. Demolition This project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials at the building located at 733 E. Procter Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing materials as "Category I & II non-friable left in place during demolition" material. Materials shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 2 6 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1048 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 1048 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 1101 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 1101 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. 2002 E. PROCTER STREET Asbestos No asbestos was found at this address. Lead-Based Paint No lead-based paint was found at this address. Demolition This project will also include the proper demolition, transportation and disposal of the vacant building located at 2002 E. Procter Street in Port Arthur, Texas, in accordance with the attached City of Port Arthur demolition specifications and all applicable federal, state and local regulations. Buildings located on adjacent properties shall be left intact and in a safe condition. See additional demolition notes at the end of these specifications. The above named licensed consultant hereby authorizes the Project Manager, Ms. Jennifer Phillips, Mr. Andrew Lee, Mr. Gerald Hebert, Mr. Jordan Bennett, and/or Mr. John Joseph, (DSHS-Licensed Project Managers)to perform the necessary visual inspections as required by DSHS, if applicable. ASBESTOS REMOVAL 3 7 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 GENERAL 1.01 PERSONNEL PROTECTION A. Prior to commencement of work, all workers shall be instructed by the Contractor, and shall be knowledgeable in the appropriate procedures for personnel protection and asbestos removal. B. Contractor acknowledges and agrees that he is solely responsible for enforcing worker protection requirements at least equal to those specified in this Section. C. Contractor shall provide workers with respiratory equipment approved by NIOSH and OSHA for the type of work being performed. Each worker shall be able to show, upon request, dated proof of fit testing performed by qualified personnel for the respirator being used. D. Where respirators with disposable filters are used, provide sufficient filters for replacement as necessary by the workers, or as required by applicable regulations. E. Provide respiratory protection as needed from the time of the first operation involving contact with asbestos-containing materials. Provide respiratory protection until the acceptance of final air test results by Consultant and the completion of containment removal: 1. Provide a minimum of half-face dual cartridge respirators for workers during preparation phases of the work, providing no disturbance of the asbestos- containing material occurs. 2. Provide a minimum of half-face dual cartridge respirators for workers during preparation phases of glove bag-type pipe insulation removal, window/louver unit removal,floor tile and mastic removal, fire door removal, fan-coil unit removal, and exterior caulking/sealant removal, except where these operations are performed in work areas concurrently with abatement activities requiring higher levels of respiratory protection as noted below. 3. Provide a minimum of half-face dual cartridge respirators for workers during all phases of handling and disposal of containerized asbestos-containing waste materials. 4. Provide workers applying spray-applied plastic sheeting with stackable HEPA/ammonia cartridges as applicable. 5. Provide workers using solvents with stackable HEPA/organic vapor cartridges as applicable. 6. Provide a minimum of half-face dual cartridge respirators for workers during all phases of containment removal. F. Contractor shall be solely responsible for scheduling necessary air sampling by an independent testing laboratory for compliance of his respiratory protection with OSHA regulations. Contractor shall pay for all costs associated with such testing. 4 8 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1. Personnel exposure samples collected by or for the Contractor shall be analyzed in accordance with the OSHA reference method (ORM) as detailed in 29 CFR 1926.1101,Appendix A. 2. Ensure that personnel monitoring strategy employed will result in suitable samples for analysis. 3. Arrange for analysis of personnel monitoring samples such that results of analysis are received no later than forty-eight hours following sample collection. • 4. Post the results of personnel exposure monitoring at job-site, upon receipt from laboratory. G. Permit no visitors, except for governmental inspectors having jurisdiction, in the work areas after commencement of asbestos disturbance or removal. Provide authorized visitors with suitable respirators and protective equipment. H. Provide workers with sufficient sets of protective disposable clothing, consisting of full body coveralls, head covers,gloves, and foot covers, of sizes to properly fit individual workers. I. Provide workers with rubber boots, hard hats, eye protection, hearing protection, and other protective equipment as needed. J. Leave reusable equipment, apparel and protection devices (excluding respirators) in the contaminated equipment room until the end of the asbestos abatement work, at which time such items shall be disposed of as contaminated waste or decontaminated for reuse. K. Provide authorized visitors with suitable protective disposable clothing, respiratory protection (including suitable replacement filters), headgear, eye protection, footwear and other protective equipment of sizes to properly fit visitors whenever they enter the work area. 1.02 SIGN-IN/OUT LOG A. Contractor shall maintain a sign-in/out log in the immediate vicinity of the clean room of the personnel decontamination units. Maintain sign-in/out logs from the time the first activity is performed until acceptance of the final air test results by the Consultant or Project Manager. Require each individual entering the work areas, including the Contractor's workers, Consultant, Project Manager, and government officials to sign in and out each time upon entering and leaving the work areas. B. Sign-in/out log shall indicate date, printed or typed name, signature, social security number, company or agency represented, and time entering and leaving the work areas. 5 9 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.03 ASBESTOS WASTE LOG A. Contractor shall maintain an asbestos waste log to be completed as asbestos-containing waste is removed from the work areas for transport and disposal. B. Asbestos waste log shall indicate date; description of waste included; number, size and type of waste containers, as applicable, removed from work areas; time of day; and signature of recorder. 1.04 TRAINING PROGRAM A. Provide a training program to instruct personnel on proper respirator use, hazards of asbestos exposure and OSHA asbestos regulations in accordance with the requirements of the model accreditation program (MAP) established by the EPA in Appendix C to 40 CFR 763 (E). B. The Contractor shall provide a training program as often as necessary to train all employees to be utilized on the project. No worker shall be utilized on any portion of the Work until training documentation has been reviewed and accepted by the Consultant or Project Manager. 1.05 GENERAL—ALL JOBS A. Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials to the areas indicated. If additional storage is necessary obtain and pay for such storage off site. B. Contractor's Asbestos Abatement Supervisors shall remain on the job site and in immediate contact with those under their supervision during all periods of asbestos abatement activity. C. During any period of actual abatement of asbestos, an abatement supervisor shall be stationed within the containment area at least 25% of the time for the purpose of supervising the progress of the abatement work. D. All licensed supervisors are responsible for respirator fit testing, personal protection of the workers,safety,security and control of access at the job site. E. Supervisors shall also require that operations at the asbestos job site cease whenever hazardous or unlawful situations are detected, so as to affect a remedy. F. Contractor's employees shall be fully clothed at all times (shirt, pants and shoes). Sandals or other open toe shoes shall not be allowed. G. The Owner will specify locations for water and electrical hook up at the time of mobilization. H. Contractor's employees shall be restricted to the immediate work area at all times. I. Contractor's dumpster for disposal of asbestos waste must be kept locked. Location of the dumpster must be coordinated with the Owner. 6 10 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 J. Fire Safety. At least one fire extinguisher with a minimum National Fire Protection Association rating of 10BC (dry chemical) shall be placed for every 1,000 square feet, or fraction, of containment area. K. Electrical Safety. Ground-fault circuit interrupter (GFCI) units shall be installed on all electrical circuits used within the regulated and containment areas. L. Air Monitoring. Air monitoring shall include personal samples according to 40 CFR Part 763, Subpart G or 29 CFR §1926.1101, baseline sampling, area sampling, and clearance sampling according to §295.58(i). In a public building, a minimum of three baseline sample (minimum volume of 1250 liters) for analysis by PCM must be collected under normal building conditions prior to the disturbance of ACM as part of any abatement activity. Ambient air samples during the project must also be collected for analysis by PCM. All project activities shall be cleared by using aggressive air sampling. For all projects, samples may be collected and analyzed by NIOSH 7400 protocol,counting rules A, Phase-contrast Microscopy(PCM) as amended. Clearance samples shall be collected at a rate of at least 0.5 less than 16 liters per minute on 0.8 micron MCE filters in conducting cassettes with extension cowls. Minimum sample volume will be 1,250 liters. Clearance will be achieved if no sample is reported greater than 0.01 f/cc by the analysis report from the licensed laboratory. Asbestos Hazard Emergency Response Act (AHERA) protocol will be used in schools. M. Contractor shall also meet the specific safety requirements mentioned in the pre- construction meeting. N. Contractor, transporter and disposal site shall meet the licensing and registration requirements of the Department of State Health Service's, Texas Asbestos Health Protection Rules. 0. A licensed asbestos abatement contractor shall perform all work at night or times when tenants are not present in the work area. P. The contractor shall provide the Owner with a work plan including location of decontamination facilities,work location of negative air machines and other equipment, and a schedule of the work. Q. The contractor is responsible for meeting all federal, state, and local laws and regulation, including but not limited to OSHA, EPA, and DSHS requirements. The contractor is responsible for his own OSHA air monitoring. A third party consultant hired by the Owner will provide on-site and clearance monitoring. 1.06 DOCUMENTS A. The following documents shall be posted in a conspicuous spot at the entrance to the regulated area and must not be covered by any other documents: • The asbestos information poster issued by the DSHS; and • Copies of any violations issued by the federal or state asbestos-regulating authorities within the preceding 12 months from any asbestos project. Documents required to be on-site are as follows: 7 11 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 • EPA "Green Book"for O&M work; • 40 CFR Part 61, Subpart M, titles "National Emissions Standards for Hazardous Air Pollutants (NESHAP), November 20, 1990; • 29 CFR 1926.1101, titles, "Occupational Exposure to Asbestos, Tremolite, Anthophyllite, October 11, 1994; • 29 CFR 1910.134, titled, "Occupational Health Standards for A Respiratory Protection Program", October 11, 1994; and • Department of State Health Services, Division of Occupational Health, Texas Asbestos Health Protection Rules,September 22, 1994. B. Tape-Shall be glass fiber or other type capable of sealing joints of adjacent sheets of plastic and for attachment of plastic sheet to finished or unfinished surfaces under both dry and wet conditions. C. Surfactant (wetting agent)- shall consist of a mixture of "Dust-Set Amended Water Base" (Matheson Chemical Corporation), or approved equivalent, and water, mixed to manufacture's specifications. D. Sealant (encapsulant) — Shall be manufactured by reputable, established manufacturer of encapsulant/sealant materials and be approved specifically for use in asbestos contaminated environments. It is the responsibility of the Contractor to determine compatibility of the sealant with the materials and existing conditions. E. Impermeable Containers—Shall be suitable to receive and retain any asbestos-containing or contaminated materials until disposal at an approved site and shall be labeled in accordance with applicable regulations. Containers shall be both air and watertight. Two types of impermeable containers: 1. Metal, rigid plastic or fiber barrels with independent tightly fitting lids, lined with six-mil plastic sheeting or bags. 2. Approximately labeled six-mil plastic bags sized to fit within the lined barrels. F. Warning Labels and Signs —Shall be as required by the Department of State Health Services and OSHA 29 CFR 1926.1101 and posted in both English and Spanish. G. Solvents— If used for flooring or other mastic removal, shall demonstrate a flash point of at least 140 degrees F., as appropriately determined, and must be approved by the Consultant or Project Manager prior to bringing it on-site. H. Other Materials — Provide all other materials, such as lumber, nails and hardware, which may be required to construct and dismantle the decontamination systems and the barriers that isolate the work areas. 8 12 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.07 TOOLS AND EQUIPMENT A. Provide suitable tools for asbestos-containing material removal. 1. Water sprayers — Utilize airless or other low-pressure sprayers for amended water application. Pressure washers or sprayers may not be used. 2. Airless sprayer — Use airless sprayer of sufficient capacity to apply spray-applied plastic sheeting or encapsulant in accordance with manufacturer's recommendations. 3. Air purifying equipment (for internal recirculation in the work area) —Shall include NEPA filtration systems and insure that no internal air movement system or purification equipment exhausts contaminated air from inside the work area into uncontaminated areas. 4. Scaffolding and ladders—shall be as required to accomplish the specified work and shall meet applicable safety regulations. 5. Temporary lighting—Shall be suitable for use in wet environments. 6. Transportation —As required for loading, temporary storage, transit and unloading of contaminated waste without exposure to persons or property. Use only enclosed dumpsters, trailers or other transports to haul waste containers to prevent loss or damage of containers in route to landfill. 1.08 REMOVAL OF ASBESTOS-CONTAINING MATERIAL AND DEBRIS A. Remove and properly dispose of all asbestos-containing materials indicated to be removed by the Contract Documents in accordance with federal, state, and local laws and regulations or as more stringently specified herein. B. During any period of actual abatement of asbestos, an abatement supervisor shall be stationed within the containment area at least 25% of the time for the purpose of supervising the progress of the abatement work. 1. Maintain a sign in/out log, as specified previously in this section, in the immediate area of the change room to be signed by every person each time upon entering and leaving work areas. 2. Place in work areas at least one fire extinguisher with a minimum NFPA rating of 10BC (dry chemical) for every 1000 square feet, or fraction, of work area for the duration of abatement and subsequent cleaning activities. Place at least one similar fire extinguisher in vicinity of change room. 9 13 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 C. Exterior Preparation. 1. Restrict access to exterior grounds immediately adjacent to work areas by barrier tape or similar means. 2. Place appropriate warning signs, in English and Spanish, on at least every other window/door opening. 3. Thoroughly wet asbestos-containing materials and debris to be removed prior to stripping or tooling to reduce fiber dispersal into the air. Saturate material sufficiently to wet to the substrate without causing excess dripping. Allow time for water to penetrate material thoroughly. Spray material repeatedly during the work process to maintain a continuously wet condition. 4. Remove the saturated asbestos-containing materials and debris in small sections. Do not allow materials to dry out. As removed, place in barrels, double wrap or bag the materials in sealable plastic bags, six-mil minimum thickness, and place in containers for transport, labeled with the appropriate wording. 5. Provide general clean up of work areas concurrent with the removal of all asbestos- containing materials and debris. Do not permit accumulation of debris. 6. After removal of asbestos-containing materials and debris, all surfaces in the work area shall be wet-cleaned to remove residual accumulated material. Continue wet cleaning until all surfaces are free of visible dust, dirt and debris. 1.09 CLEAN UP AND CLEARANCE TESTING A. Provide general clean up of work areas concurrent with the removal activities. Do not permit accumulation of debris on work area. B. Standard of cleaning for Final Clearance: Consider contained work areas and all other decontaminated and cleaned areas clean when: 1. Surfaces are free from dust, dirt, residue, and debris from abatement operations or other activities subordinate to these operations. 2. Consultant has approved level of cleanliness. 3. Air testing performed by Consultant indicates that the air in the contained/enclosed work areas is acceptable, as specified in this section. 1.10 DISPOSAL OF ASBESTOS-CONTAMINATED WASTE A. All asbestos abatement waste shall be transported to and disposed of at approved landfills. B. Asbestos-containing waste and debris shall be transported to the landfill double wrapped, double bagged, or in properly lined barrels. Removed debris, pipe insulation, used cleaning tools, towels, protective suits, used plastic sheeting and spray-applied plastic sheeting shall be treated as asbestos-containing waste materials. 10 14 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 C. Temporary storage of asbestos wastes outside the work areas may be utilized only if the proposed area(s) are lined with at least two layers of six-mil plastic sheeting, individually applied, and appropriate warnings are posted. Submit proposed location and procedures for temporary waste storage to the Owner prior to initiating use. D. Remove sealed and labeled containers of asbestos-containing material and waste and transport them for disposal to the specified landfill as follows. 1. Line dumpster, trailer or other waste transport with at least two layers of six-mil plastic sheeting, individually applied. Plastic sheeting used to line waste transport containers need not be flame retardant. 2. Notify the Consultant or Project Manager prior to removing each trailer or other waste transport from the project site. 3. Asbestos-containing waste material shall be treated, packaged, labeled, transported, and disposed of in accordance with 29 CFR 1926.1101 (OSHA), 40 CFR 61.150(EPA) and 49 CFR 107 et al., (DOT). 4. Asbestos waste transport shall be limited to approved routes for transport of hazardous materials. Ensure that there are no visible emissions to the outside air from site where materials and waste are deposited. 5. Notify the Consultant or Project Manager immediately of any spill or similar incident involving the transport and disposal of asbestos wastes. E. Alternative methods of transporting asbestos-containing debris will be considered by the Consultant. Do not use alternative methods until reviewed and accepted by the Consultant. 1.11 FIELD QUALITY CONTROL A. The Consultant or Project Manager shall conduct area air monitoring prior to, throughout, and following preparation, removal and cleaning operations. 1. All phase contrast microscopy (PCM) area air samples collected by the Consultant or Project Manager will be analyzed in general accordance with the procedures outlined in the National Institute for Occupational Safety and Health (NIOSH) 7400 Method and also will follow guidelines issued by EPA regarding detection limits. Owner and Consultant reserve the right to analyze air samples by transmission electron microscopy(TEM). 2. Background prevalent level air samples, collected on media for analysis by phase contrast microscopy, will be obtained from representative areas immediately prior to the start of the project and will be analyzed. 3. Background prevalent level air samples, collected on media for analysis by transmission electron microscopy, will, when deemed necessary by the Consultant, be obtained from representative areas immediately prior to the start of the project and will be held for future analysis at the discretion of the Consultant. 11 15 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 4. Area air samples will be collected both inside and outside of work areas. The Contractor is cautioned, however, that should interpretations be made, opinions be formed and conclusions be drawn as a result of examining the test results, these interpretations, opinions and conclusions will be those made, formed and drawn solely by the Contractor. 5. All samples must meet specified clearance levels for the area being tested to be considered clean. Results of PCM air sample analysis shall be reported as the 95 percent upper confidence limit (UCL). a. Final clearance air samples will be of at least 1250 liters of air, collected at a flow rate of at least 0.5 to less than 16 liters per minute on 0.8 micron MCE filters in conducting cassettes with extension cowls. B. Contractor shall wet-clean and HEPA-vacuum areas outside the contained work areas in which elevated airborne fiber concentrations are detected. Indicated airborne fiber concentrations above 0.01 f/cc, or ambient prevalent levels, will be considered elevated airborne fiber concentrations. C. Visual observations will be made by the Consultant or Project Manager after final clean-up and de-mobilization to determine the presence of visible dust, dirt, debris and abatement refuse indicative of improper cleaning and decontamination procedures. LEAD-BASED PAINT REMOVAL GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the abatement of the building. It must be noted, however, that there are special requirements listed in the specifications, which are in addition to these general requirements for abatement, and that it is the responsibility of the Contractor to comply with all particular requirements. A. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. B. The Contractor shall provide all labor, materials, equipment, services, testing, supervision, and incidentals necessary to perform work of lead-based paint abatement under this contract in accordance with the following specifications. After abatement the areas disturbed shall be cleaned in accordance with the procedures outlined below. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions: A. Extreme caution shall be taken when working around any fuel storage areas. HAZARDOUS MATERIALS A. Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations 12 16 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. The following specifications shall apply: 1. Contractors must be familiar with the contents of this document, included bUt not limited to the following: • Worker Protection • All types of Lead-Based Paint(LBP)Testing • Measures for control and containment of lead dust and debris • Disposal requirements 2. In addition, the Contractor must be able to substantiate sufficient prior de-leading experience and/or education providing same with the foresight of the prevailing LBP abatement techniques and safety practices contained herein. 3. Contractors should be experienced in building renovation and restoration, guidelines for control and the handling of toxic and hazardous materials and protection of the environment and the health of all occupants and workers, as per applicable EPA, OSHA,and NIOSH regulations. 4. The following methods shall be adhered to during the abatement activities. Any deviation from this list shall require Consultant's prior approval: a) HEPA vacuum visible debris in vicinity of abatement area involving lead paint. b) HEPA vacuum loose lead-based paint on concrete and wash down with a 5% trisodium phosphate solution. c) The Contractor shall perform Toxicity Characteristic Leachate Procedure (TCLP) sampling of the waste stream prior to moving waste containers off site. This activity shall be supervised by the Consultant. Samples shall be analyzed for TCLP by US EPA Method 1311. d) Debris: Collect and properly dispose of lead-contaminated paint chips and debris from the floor and surrounding areas of LBP. B. APPLICABLE REGULATIONS,CODES AND STANDARDS 1. The Contractor shall acknowledge that he is aware of and will maintain strict compliance will all regulations, codes, standards, and ordinances governing the performance of his work. Furthermore, the Contractor shall be responsible for any failure to comply with applicable documents. 2. Applicable documents include but are not limited to the following: a) OSHA 29 CFR 1926.62, Lead Exposure in Construction (Interim Final Rule); b) OSHA 29 CFR 1910.1025, Lead, General Industry; c) OSHA 29 CFR 191.0.1200, Hazard Communication; 13 17 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 d) OSHA 29 CFR 1910.134, Respiratory Protection; e) OSHA 29 CFR 1910.145,Specifications for Accident Prevention Signs and Tags; f) OSHA 29 CFR 1926.59, Hazard Communication; g) US HUD, "Lead-Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing", September 1990; h) Lead-Based paint Hazard Elimination; Interim Rule Title 24, Part 35, 905, 941, 965, and 968 of the Code of Federal Regulations; and i) EPA 40 CFR 261,Resource Conservation and Recovery Act(RCRA.) 3. The most current issue of each document shall apply. Where conflict among requirements or with these specifications exists, the more strict or stringent requirement or interpretation shall apply. 4. The Contractor shall provide at least one copy of any applicable EPA, OSHA, State or City regulation, code, or ordinance at the site available for review. 5. Nothing is intended to relieve the Contractor of any responsibility for compliance with state or local laws, ordinances, codes or regulations governing lead-based abatement. Where state and local requirements are more stringent than the Federal regulations, those state and local requirements must be followed by the Contractor. C. NOTICES AND SUBMITTALS 1. Prior to commencing of the work,the Contractor shall provide to the Owner's Representative: a) Assurance that the results of worker medical examinations for blood lead level tests are below OSHA guidelines. b) Material Safety Data Sheets (MSDSs)for products used or stored at the job site. c) Name of testing laboratory to be used for analytical testing of waste materials generated as a result of this project. d) The starting and completion dates of the abatement work. 2. During performance of the work, the Contractor shall provide to the Owner's Representative: a) Test results from analysis of waste materials generated. b) Results of OSHA compliance air sampling conducted on Contractor's employees. c) Daily Log. D. SIGNAGE 1. At least 24 hours before starting removal or handling of lead-painted components, the Contractor shall establish a regulated work area around the contaminated equipment and shall display a warning sign(s), as appropriate. 14 18 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 WARNING LEAD WORK AREA POISON NO SMOKING OR EATING E. CONTROL OF ACCESS No one may enter or remain in a regulated work area at any time during abatement which involves lead paint, unless that person is: 1. The Contractor and his employees. 2. The Owner's Representative's Representative or a state or local enforcement official or his designee. F. WORKER PROTECTION 1. The Contractor shall insure that his employees are protected in accordance with all applicable federal, state and local standards. 2. Initial biological monitoring is required for interim work activities. 3. Workers will wear full body disposable suits with hoods and booties. A TYVEK or similar type of suit may be worn. Suits will be worn in the work area at all times after the pre-abatement inspection and shall remain in use until the area passes final clearance inspection. Light-weight nylon clothes may be worn under the disposable suit, but these underclothes must be changed before leaving the work area and should be laundered separately. 4. Goggles with side shields will be worn when working with a material that may splash or fragment,or if protective eye wear is specified on the MSDS for that product. 5. Personal hygiene practices by all workers in compliance with applicable regulations shall be enforced by the Contractor: a.) No eating, drinking, or use of tobacco shall be allowed in the work area. The Contractor shall provide a clean space,separated from the work area,for eating and drinking purposes. b.) Disposable clothing, such as TYVEK suits, and other personal protective equipment (PPE) must be donned prior to entering the work area. Disposable suits shall be used once, then shall be properly discarded. c.) All workers must wash upon leaving the work area in a wash facility provided by the Contractor. Wash facility will consist of, at least, running potable water,towels, and a HEPA vacuum. Upon leaving the work area, each worker will wash and dry face and hands, HEPA vacuum clothes, and remove and dispose of the work suit as contaminated waste. 15 19 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 G. CONTROL OF EMISSION AND DUST 1. When handling/abating lead-contaminated building components outdoors, Contractor shall spread a minimum 10 mil polyethylene sheet beneath the work area under the component to be removed. The drop cloth shall extend a minimum of 3 ft.from the wall for every 10 ft. of vertical distance involved in the work. Lateral distance along the wall should match this distance on either side of the work area. 2. Minimize creation of lead-contaminated dust and airborne particles by using methods and procedures that create the least amount of dust. 3. When working with lead-painted surfaces, Contractor shall exercise care to avoid dislodging any flaking paint from the substrate. 4. Plastic drop cloths, contaminated paper towels, and other dust and debris generated during the abatement shall be carefully folded into the plastic sheeting to avoid shaking dust from the surface. Folded plastic sheeting shall be deposited for temporary storage and testing in a disposal bag. H. AIR MONITORING AND INSPECTION 1. The Contractor shall be responsible for compliance air monitoring of his workers, per OSHA regulation and as detailed in the Lead Safety and Health Plan. 2. Personal air samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level shall be collected and analyzed. Air samples should be taken in accordance with NIOSH Method 7082, or equivalent. 3. Worker exposure levels shall be evaluated with respect to the OSHA Action Level (30µg/m3) and the Permissible Exposure Level (50 }tg/m3) as 8-hour Time-Weighted Averages. If measured exposure levels exceed the criteria set for respiratory protection and personal protection of workers, the Contractor shall stop work, shall notify the Owner's Representative, shall attempt to correct and control the operation to reduce the elevated contamination dust levels. 4. After Contractor has completed final clean-up, and performed a visual inspection,the Consultant will perform a detailed visual inspection. All surfaces will be examined for the presence of dust or debris, especially flat surfaces. If dust or debris is found, Contractor shall re-clean the entire work area and a repeat of the detailed visual inspection will occur. CLEANING SOLUTIONS 1. Contractor shall provide solution containing at least one ounce of five percent trisodium phosphate per each gallon of water. J. DISPOSAL 1. Disposal bags shall be, as a minimum, individual, 6 mil thick, leak-tight, manufactured polyethylene bags. 2. Polyethylene wrap shall be 6 mil and 10 mil polyethylene sheeting. 16 20 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 3. Disposal drums shall meet US Department of Transportation (DOT) regulations for disposal of respective waste(s)generated. 4. Disposal labels shall identify waste materials (before TCLP testing.) Hazardous wastes shall be identified as such in compliance with RCRA regulations for hazardous materials. K. CLEAN UP OF WORK AREA 1. Clean-up shall be performed by contractor as follows: a. After the abatement work has been completed, remove all debris and dispose of it in designated containers. b. Deposit all lead-contaminated waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing, etc. in double plastic bags, at least 6 mil thick or single 10 mil thick, and seal the bags. c. After vacuum cleaning, phosphate wash concrete surface in the work area with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water. d. After floor washing has dried, HEPA vacuum clean surfaces until no visible residue remains. L. WASTE DISPOSAL 1. The Contractor shall remove daily all lead waste from the work area. 2. The Contractor shall be responsible for removing, controlling, waste materials, all treated as hazardous waste until classification through testing is completed. This includes not only solid wastes but also waste water generated from interim and final clean-up. a. During the actual abatement, the Contractor shall not leave debris in the work area or adjacent property, incinerate debris, dump waste into landfills, or introduce lead- contaminated water into storm or sanitary sewers. 3. For disposal of waste materials, the requirements of the Resource Conservation and Recovery Act (RCRA) as well as applicable state and local solid waste plan requirements shall be complied with. a. Testing of lead-contaminated waste materials per the US EPA's Toxicity Characteristics Leaching Procedure(TCLP)will be conducted. b. If the TCLP results equal or exceed 5.0 mg/I of lead,the waste must be handled as hazardous waste,to be transported to a licensed treatment, storage, and disposal facility(TSDF). c. If the TCLP results are below the regulatory threshold of 5.0 mg/I, the wastes are not considered as being hazardous and can be disposed of as construction debris. d. Results of TCLP testing and analysis will be submitted to the Consultant before disposal of the particular waste stream. e. The following waste materials will be tested to determine whether or not they are hazardous wastes: 17 21 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 1.) Lead paint chips. 2.) Waste water. 3.) Dust from HEPA filters and from damp sweeping. 4.) Plastic sheets, duct tape, or tape used to cover floors and other services during the abatement activities. 5.) Rags, sponges, mops, HEPA filters, respirator cartridges, scrapers, and other materials used for cleanup. 6.) Disposable work clothes and respirator filters. 7.) Any other items contaminated with lead-based paint. f. Non-hazardous solid wastes shall be placed in double (6 mil) or single (10 mil) polyethylene bags that are air tight and puncture resistant. 1.) The Contractor shall contain and properly dispose of all liquid waste, including lead- dust contaminated wash water. 2.) Exteriors of all containers and disposal bags shall be HEPA vacuumed prior to their removal from the work area and shall be wet wiped. Containers and bags should then be moved into the designated storage area. 3.) The Contractor shall carefully place the containers into a truck or dumpster used for disposal. g. Disposal of Hazardous Waste (as determined by analytical testing): The Contractor shall be required to comply with the RCRA regulations. 1.) Lead-contaminated debris shall not be stored in the work area while awaiting testing and removal. A temporary hazardous waste storage area shall be designated and managed for storage, in compliance with all federal, state, and local regulations. 2.) Waste containers used will comply with EPA and DOT regulations for containers used in storing and hauling hazardous wastes. 3.) If the Contractor is not a certified hazardous waste transporter, a subcontract shall be entered into with a certified transporter to move the hazardous wastes. The third party hauler shall be required to follow RCRA regulations, and all manifestation of the transport and disposal of the hazardous wastes shall be completed and submitted to the Owner's Representative. 4.) Copies of transport and disposal manifests shall be submitted to the Owner's representative for distribution to Owner's Project Management team and Environmental Management and Hazardous Waste Program. 18 22 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 M. POST ABATEMENT SUBMITTALS 1. The Contractor shall provide a total of 5 copies of each submittal. The submittals will be provided to the Owner's Representative for distribution to Owner's Project Management team, and Environmental Management and Hazardous Waste Program. Each set of submittals will be bound using three-hole punch paper. 2. The Contractor shall submit to the Owner's Representative copies of all manifests for the transportation and disposal of solid and hazardous wastes generated. 3. The Contractor shall submit to the Owner's Representative copies of all records indicating that the abatement work has been performed in compliance with applicable regulation and these specifications. BUILDING DEMOLITION PART 1-GENERAL GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: Demolition work includes the complete wrecking of structures and the removal and disposal of all demolished materials. All driveways, parking areas, asphalt, concrete, tire bumpers, signs, sign posts, non City-owned sidewalks, dead trees, brush, etc. shall be removed in their entirety. All work shall be conducted to the satisfaction of the Owner and governing authorities. In addition, the project will include the proper removal, transportation and disposal of "left-in-place" asbestos containing materials and lead-based paint materials as described above, if applicable, in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose these materials. Building debris shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of this asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Contractor shall submit the EPA required 10 day notification prior to beginning work. SUBMITTALS: Submit proposed schedule and methods and operations of demolition to the Owner for review prior to the start of work. Include in the schedule the coordination for shut-off, capping and continuation of utility services as required. Include any and all correspondence from as acceptable to the governing authorities. 1.12 JOB CONDITIONS Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. The Owner assumes no responsibility for the actual condition of structures to be demolished. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. Items of salvable value to the Contractor may be removed from the structure as the work progresses. Salvaged items must be transported from the Project Site as they are removed. Storage or sale of removed items on the Project Site will not be permitted. 19 23 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Historic artifacts, including time capsules, cornerstones and their contents, commemorative plaques and tablets, antiques,and other articles of historic significance remain the property of the Owner. Notify Owner's Representative if such items are encountered and obtain acceptance regarding method of removal and salvage for Owner. The use of explosives will not be permitted. Do not bring explosives to the Project Site or use any explosives without the written consent of authorities having jurisdiction. Such written consent will not relieve the Contractor of total responsibility for any injury to persons or for any damage to property due to blasting operations. Perform required blasting complying with governing regulations. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks,and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. Erect temporary covered passageways as required by authorities having jurisdiction. Provide interior and exterior shoring, bracing, or support to prevent movement or settlement or collapse of structure to be demolished and adjacent facilities to remain. Promptly repair damages caused to adjacent facilities by demolition operations at no cost to the Owner. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. The Contractor will disconnect and seal the utilities serving each structure to be demolished, prior to the start of demolition work, upon written request of the Owner. 3.01 DEMOLITION Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. Comply with the governing regulations pertaining to environmental protection. Do not use water in excess when it may create hazardous or objectionable conditions such as ice, flooding and pollution. 20 24 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Consultant or governing authorities. Return adjacent areas to condition existing prior to the start of the work. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. Small structures may be removed intact when acceptable to the Consultant and approved by the authorities having jurisdiction. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. Demolish concrete and masonry in small sections. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. DISPOSAL OF DEMOLISHED MATERIALS: Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. Burning of removed materials from demolished structures will not be permitted on the Project Site. General Demolition Notes 1. Demolish all structures within the property lines including (but not limited to) roof, walls, slab, structural framing, foundation, piants, sidewalks, etc. complete. Use care not to damage adjacent buildings and to confine operations within project limits. Contractor shall remove all debris from site. 2. Demolish and remove below-grade construction and concrete slabs-on-grade. 3. All disturbed areas shall be properly graded after demolition is complete. No ponding shall be allowed to occur. 4. Contractor to take measures to protect trees outside of construction limits. 5. Cut and cap existing gas line. Coordinate work with the gas company. 6. Cut and cap existing sanitary sewer. 7. Contractor shall coordinate shut down of electrical service. 8. Contractor shall protect the storm sewers, contain any runoff and keep adjacent streets and parking lots free of debris, dirt, mud, etc. 9. Structures to remain in place shall be protected from damage during all phases of work. 10. Contractor shall patch and repair all exposed openings or damage due to demolition at no cost to the Owner. 11. Contractor to coordinate the shut-off and capping of utility services as required. 12. Contractor shall be responsible for fencing Work area. 13. Contractor shall field verify the work indicated prior to work. Report discrepancies or concerns immediately to Owner or Owner's representative. 21 25 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 14. Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. 15. The Owner assumes no responsibility for the actual condition of structures to be demolished. 16. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. 17. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. 18. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. 19. Storage or sale of removed items on the Project Site will not be permitted. 20. The use of explosives will not be permitted. 21. Conduct demolition operations and the removal of debris to ensure minimum interference with roads,streets,walks, and other adjacent occupied or used facilities. 22. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. 23. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. 24. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. 25. Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. 26. Comply with the governing regulations pertaining to environmental protection. 27. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding and pollution. 28. Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Owner or Owner's Representative or governing authorities. Return adjacent areas to condition existing prior to the start of the work. 29. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. 30. Small structures may be removed intact when acceptable to the Owner or Owner's Representative and approved by the authorities having jurisdiction. 31. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. 32. Demolish concrete and masonry in small sections. 33. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. 34. Break up and remove concrete slabs-on-grade, grade beams and top of concrete footings. 22 26 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 35. Locate demolition equipment throughout the structure and remove materials so as not to impose excessive loads to walls, floors or framing to remain. 37. Grade the surface to meet adjacent contours and to provide flow to surface drainage structures. 38. Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. 39. After grading is complete, the site shall be cleaned of all construction debris 2" in diameter and larger. 40. Burning of removed materials from demolished structures will not be permitted on the Project Site. 41. Contractor shall mow all grass with a finish lawnmower prior to completion of project. SCOPE The scope and purpose of these specifications is to establish certain regulations, general requirements, and particular requirements necessary for the demolition, removal and cleanup of the unsafe, vacant buildings located at the subject addresses as required by the Inspections Department of the City of Port Arthur. PERMITS The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other governmental entities, at his own expense, all necessary general and special permits and pay any and all fees for said permits and any other fees, public or private. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of five hundred dollars ($500). If you opt not to set up an escrow account, you must pay cash or by cashier's check as you dispose. GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the demolition of the building. A. It is understood and agreed that the Contractor/Successful Bidder will function and operate as an independent contractor. Any liability incurred by the Contractor/Successful Bidder will accrue only to that party as an independent contractor and not to the City of Port Arthur or its Consultant. B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the Contractor/Successful Bidder without prior,written approval. No subcontractor will be approved unless that subcontractor meets the same insurance requirements specified for and required of the Contractor. C. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. D. All materials, debris, and rubble from the demolition of the building specified herein will become the property of the Contractor/Successful Bidder. Salvage can only begin immediately prior to the beginning of demolition. E. The Contractor/Successful Bidder will be held responsible for repair of broken or damaged water, gas, or any other type of lines, which occur during the course of the demolition work. The Contractor shall repair or replace, if necessary, to the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site arid to any elements within these areas 23 27 of 73 City of Port Arthur Ike Round 2.2 Commercial Demo July 2018 that may have suffered damage as a result of the Contractor's or any of the subcontractor's operations. The Contractor shall leave these areas in a satisfactory condition. F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right-of-way so that it poses a danger to any person. G. All demolition work must be carried out to the satisfaction of the City's Inspections Official. 1. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or failure to make prompt payment therefore. H. If the Contract is terminated as provided above or as provided in the Contract, the City will engage another contractor to complete the work. Payment for the completion of such work will come from funds obligated by the City under its contract with the original Contractor. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions apply specifically to the building located at the subject addresses in Port Arthur,Texas. A. Before the building is demolished, its utilities shall be safely disconnected. The Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have them disconnect the services and remove all meters and equipment belonging to them. Forty-eight (48) hours' written notice must be given the City for termination of their utilities. All piping and wiring shall be properly terminated. Any costs incurred in the termination of utilities and services shall be borne by the Contractor. B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors, windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and the cleaning and removal of all rubbish,trash or other debris that would inhibit or prevent the mechanical mowing of said lot and premises. The building foundation shall be removed. C. Fill, grade and level with clean fill dirt all depressions in the earth which exist on the lot and all ruts or other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. D. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches. E. All sewer lines exposed through demolition work must be cut off within two (2) inches of the surface to the ground or concrete slab and must be plugged with concrete in such a manner as to prevent ground water incursion into the City's sanitary sewer system. F. HAZARDOUS MATERIALS Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. 24 28 of 73 INVITATION TO BID ASBESTOS ABATEMENT & DEMOLITION OF 6 COMMERCIAL PROPERTIES (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: 29 of 73 CITY OF PORT ARTHUR,TEXAS BID PROPOSAL PAGE BID FOR: Asbestos Abatement&Demolition of 6 Commercial Properties BID DUE DATE: October 24,2018 NUMBER OF DAYS ITEM# DESCRIPTION TO COMPLETE COST 1 540-548 Rev Ransom Howard Street (AKA 7`h Street) 2 701-709 E. Procter Street $G v/ 3 733 E. Procter Street $ NO r3 4 �/_ 1048 E.Procter Street 3 TQ 5 1101 E. Procter Street /0 $ 6 $ -a° 2202 E. Procter Street Total 2-11e-k- 6I .7trec 6S C.,e / 9 ,/p COMPANY NAME STREET ADDRESS lef(1/7 . SIGNATURE OF BIDDER P.O.BOX f° Zli'. /7 7 70 9 PRINT OR TYPE NAME CITY STATE ZIP /fee S I4e, ''O d-'-mac' TITLE AREA CODE TELEPHONE NO Gam , 16V _ J 3 2,1 : ?-- EMAIL f FAX NO. 30 of 73 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersi ed offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur.and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. , kge, Firm : • Date /2/ /11 • Authorized Signa . e Title / 1.0 -5460706S----' Name(please print) Telephone • Greoc, 9-2 Email STATE: ' 45 COUNTY: "3--eit4r. son SUBSCRIBED AND SWORN to before me by the above named 4 iia.,ct Alt 090(7 on this the d2.AtL day of V(';- 19e r,20 (. ;F fki..tJ CHERYL R. GIBBS eifrittPLA/(ji.61.- Notary Fabry.State of Teras ; rI Conan.Expires 03/14/2021 Nota ublic �� Notary l0 12518230-9 ' RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL 31 of 73 CONFLICT OF INTEREST QUESTIONNAIRE ''OHM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.S. 23, 84th Lag., Regutar Session. OFFICE USE ONLY This questionnaire is being filed in accordaice with Chapter 176,Local Government Code,oy a vendor who pate Received • - - has a business relationship as defined by Section 176.001(1•a) with a local governmental entity end the vender meets requirements ander Section 1761300(a). Sy lava this questionnaire must be filed with the records administrator of the local governmental entity not later 'flan the 7th business day after the date the vendor becomes aware of;acts that require the statement to be filed. See Section 176.006(a-1),Local Govo anent Code. A vendor commits an offense if the vendor knowingly violates Section 376.006, Local Government Code.An offense under this section is a misdemeanor. LI Name of vendor who has a business relationship with local govurnmenta±entity. © t ;(this box if you are filing an update to a previously filed questionrafre.(Tu e law requires thai you file at1 upoated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date or which you became aware that the originally ?sled questionnaire was incomplete or inaccurate.) a Name of local government officer about whom the information is being aisclosed. Name of Officer Describe each employment or other business relationship with the fecal government officer, or a fancily member of the officer,as described by Section 176.0O*X2)(A). Also describe any family relationship with the local government officer. Complete subparts A and S for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. t i A. Is the local government officer or a family member of the officer receiving or likely to receive Taxable Income, other than investment Income, from the vendor? j Yes [] No ' &'e e. is Cie vendor recevirc oa likely to receive taxable income,other than investment income,irom or at giro direction of rine local covernment erlcer a a family member of the officer.=.i'JD the taxable Income Is rot received :ram the local govsrnne:eta.i entity? iessN° /VA E Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. /4/41 6 1-1 Check this box If d Fhas given the local government officer ar a family member of the officer one or more gifts as described in ion 176.0133(a)(2) S), excluding gilts described in Section 176.003(a-1). I 43/R&(/' Nrizature of vendor doltig-iiitsiless the g mmental entity Date Form provided by Texas Etfvcs Commission www.ethics.s.ais.t-us cried 1;,CO,2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.usi Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2XA)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 6 176.006(a)and(a-I) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local govemmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,ora family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission aww ethics state.tx.us Revised 11.352015 33 of 73 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding federally funded projects. TERIYII1i 1OLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us'filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. 34 of 73 Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. 35 of 73 INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Demolition, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. 36 of 73 The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The 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 by himself or by any 37 of 73 subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should tontain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. 38 of 73 CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 39 of 73 SIGNAGE REQUIREMENTS SPECIAL CONDITIONS Public buildings, facilities, and centers constructed with TDRA TxCDBG-DRS assistance shall have permanent signage placed in a prominent visible public area with the wording provided below. The formatting of such signage will be at local discretion to best fit the architectural design of the facility constructed but should be legible from at least three (3) feet distance. Other construction projects, e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation, demolition, etc. utilizing TDRA TxCDBG-DRS funding shall have temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality as directed by the owner. Project Sign Wording: "This project is funded by the Texas Department of Rural Affairs of the State of Texas, to provide for disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program." Example of Sign ={ ' e HURRICANE RECOVERY PROJECT This project is funded by the Texas Department of f _ �'ti Rural Affairs of the State of Texas to provide for * `` * disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds allocated by the United States Department 1111111 of Housing and Urban Development through the * Community Development Block Grant Program. v WWW.TDRA. STAT E .TX. US The City of Port Arthur will create the sign for the contractor to use. The contractor must return the sign when the project is over. 40 of 73 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, 444 4th Street, or P. O. Box 1089, Port Arthur, Texas, 77641, no later than 10:00 a.m. FRIDAY, OCTOBER 24, 2018; and all bids received will be opened and read aloud on FRIDAY, OCTOBER 24, 2018 at 10:15 a.m. in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas, for certain services briefly described as: ASBESTOS ABATEMENT & DEMOLITION OF COMMERCIAL PROPERTIES (6) 1. 701-709 E. PROCTER STREET (DO NOT DISTURB SLAB) 2. 733 E. PROCTER STREET (DO NOT DISTURB SLAB) 3. 1048 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 4. 1101 E. PROCTER STREET (DO NOT DISTURB SLAB)—NO ASBESTOS/LEAD 5. 2202 PROCTER STREET—NO ASBESTOS/LEAD 6. 540-548 E. REV. RANSOM HOWARD STREET (AKA 7TH STREET) (DO NOT DISTURB SLAB) 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 no less than 5% of total bid, must accompany the bid as a guarantee that, if awarded the contract, the vendor will perform work and execute the Bonds in the forms provided as outlined in the specifications and instructions to bidders. Copies of the Specifications and other Contract Documents can be picked up at in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov or vww.publicpurchase.com. THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND TO WAIVE FORMALITIES. Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. S/aff a)4o Cliftdif Williams Purchasing Manager FIRST PUBLICATION: OCTOBBER 16,2018 SECOND PUBLICATION: OCTOBBER 23,2018 GLO Contract# 13-339-000-7653 / DRS220148 This project funded by Texas General Land Office for disaster recovery Funds allocated by U. S. Dept. of HUD through CDBG 41 of 73 CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this day of in the year 2018, by and between the City of Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and , hereinafter designated as the Contractor. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the Work as specified or indicated under the demolition and asbestos specifications of the Owner's Contract Documents entitled: ASBESTOS ABATEMENT/DEMOLITION OF COMMERCIAL BUILDINGS (6) The Work is generally described as follows: Asbestos Abatement and Demolition ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed within Q calendar days after the date of commencement of the Work. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein, plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay(but not as a penalty) the Contractor shall pay the Owner the sum of$150.00 for each calendar day that expires after the time specified in this Article 2, herein. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s), and cents ($ ). ARTICLE 4. THE CONTRACT DOCUIv1ENTS The Contract Documents also consist of: this Agreement, Asbestos or Technical Specifications, Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. 42 of 73 ARTICLE 6.NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS The contractor shall comply with State law as to licensing on asbestos abatement and disposal. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF PORT ARTHUR: CONTRACTOR: Signature By: By: Harvey L. Robinson Printed Name/Title Interim City Manager Attest: Attest: Date: Date: 43 OF 73 Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when the following criteria have been met. (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. 44 of 73 Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of an laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The 45 of 73 Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (i;(a; The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 46 of 73 (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be 47 of 73 permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment: A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the David-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause 48 of 73 include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. 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. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor with the same prime contract, or any other 49 of 73 Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat.96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 50 of 73 CONTRACTOR'S LOCAL OPPORTUNITY PLAN (name of company) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the (City/County) of . A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (010), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. G. To insure that all appropriate project area business concerns are notified of pending sub-contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. As officers and representatives of (name of company) , we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program and its provisions. Signature Title Date 51 of 73 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Approx. Total Estimated No. to Estimated $ Contracts Dollar Amount local Business Amount Local Business • ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Total Estimated No. of Positions No. of Positions No. of Positions Classifications Positions Currently Filled not Filled to fill with L/M Residents Totals 52 of 73 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Name of Bidder: Date Organized: Address: Date Incorporated Number of Years in contracting business under present name • CONTRACTS ON HAND: Contract Amount $ Completion Date Type of work performed by your company: Have you ever failed to complete any work awarded to you? Have you ever defaulted on a contract? List the projects most recently completed by your firm (include project of similar importance): Project Amount $ Mo/Yr Completed Major equipment available for this contract: Attach resume(s) for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Credit available: $ Bank reference: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the in verification of the recitals comprising this Statement of Bidder's Qualifications. Executed this day of , 20 By:(signature) Title: (print name) 53 of 73 CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring,firing, and promotion practices. This includes practices related to race, color,gender, religion, national origin,disability,and veterans' rights. NAME AND ADDRESS OF BIDDER(include ZIP Code) CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. ❑ Yes ❑ No The undersigned hereby certifies that: 0 The Provision of Local Training, Employment, and Business Opportunities clause(Section 3 provision)is included in the Contract. A written Section 3 plan (Local Opportunity Plan)was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$100,000). ❑ The Non Segregated Facilities clause(Section 109 provision)is included in the Contract. No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. ❑ The Equal Employment Opportunity clause is included in the Contract(if bid equals or exceeds$10,000). ❑ The Affirmative Action for Handicapped Workers clause is included in the contract. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑ Yes ❑ No NAME AND TITLE OF SIGNER (Please type) SIGNATURE DATE 54 of 73 SECTION 504 CERTIFICATION POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY The does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities. (Name) (Address) City State Zip Telephone Number ( ) - Voice ( ) - TDD has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). 55 of 73 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO(appropriate recipient) DATE PROJECT NUMBER(if any) C/O PROJECT NAME 1. The undersigned,having executed a contract with for the construction of the above-identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract, (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility. 2. He certifies that: (a) Neither he nor any firm,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor, Part 5 (29 CFR,Part 5)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation,partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,including those executed by his subcontractors and any lower tier subcontractors,a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION(Describe) (c) The name,title and address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS 56 of 73 (d) The names and addresses of all other persons having a substantial interest in the undersigned,and the nature of the interest are: NAME ADDRESS NATURE OF INTEREST (e) The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: NAME ADDRESS TRADE CLASSIFICATION (Contractor) Date By 57 of 73 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of County of , being first duly sworn, deposes and says that: (1) He is of , the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to me this day of By: Notary Public My commission expires 58 of 73 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPAL, and , as SURETY are held and firmly bound unto hereinafter called the "Owner", in the penal sum of Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated , for NOW, THEREFOR, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) (SEAL) Attest: By: Affix Corporate Seal Attest: By: Affix Corporate Seal Attest: By: Countersigned By * Attorney-in-Fact, State of 59 of 73 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the , , Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body. Corporate Seal Title: * Power-of-attorney for person signing for surety company must be attached to bond. 60 of 73 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of $ Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB- CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 to the SPECIFICATIONS. 61 of 73 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 counter-parts, each on of (Number) which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) 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. 62 of 73 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a hereinafter called Principal, and (Name of Surety Company (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) 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 in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in 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, and 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 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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 to the SPECIFICATIONS. 63 of 73 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) ATTEST: (Surety) 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. 64 of 73 ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Date: Print Attorney's Name: 65 of 73 Copeland Act Regulations Title 29 LABOR PART 3 —CONTRACTORS AND Subtitle A -- Office of the SUBCONTRACTORS ON PUBLIC Secretaryof Labor BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. minimum wage provisions of the Davis-Bacon 3.1 Purpose and scope Act and the various statutes dealing with 3.2 Definitions Federally-assisted construction that contain 3.3 Weekly statement with respect to payrreni similar minimum wage provisions, Including of wages those provisions which are not subject to 3.4 Submission of weekly statements and the Reorganization Plan No. 14 (e.g., the College preservation and inspection of weekly payroll records. Housing Act of 1950, the Federal Water 3.5 Payroll deductions permissible without Pollution Control Aci, and the Housing Act of application to or approval of the Secretary 1959), and in the enforcement of the overtime of Labor. provisions of the Contract Work Hours 3.6 Payroll deductions permissible with the Standards Act whenever they are applicable to approval of the Secretary of Labor. construction work. The part details the 3.7 Applications for the approval of the obligation of contractors and subcontractors Secretary of Labor relative to the weekly submission of statements 3.8 Action by the Secretary of Labor upon regarding the wages paid on work covered application . payroll Prohibited payroll deductions. thereby; sets forth the circumstances and 3.10 Methods of payment of wages procedures governing the making of payroll 3.11 Regulations part of contract. deductions from the wages of those employed on such work; and delineates the methods of AUTHORITY: The provisions of this Part 3 payment permissible on such work. Issued under R.S. 161,sec. 2, 48 Stat.§48; Reorg. Plan No. 14 of 1950,54 Stat. 1267,5 U.S.C. Section 3.2 Definitions. Appendix;5 U.S.C.301;40 U.S.C.276c. SOURCE: The provisions of this Part 3 appear As used in the regulations in this part: at 29 F.R.97, Jan.4, 1964,unless otherwise noted. (a) The terms building" or"work" generally include construction activity as Section 3.1 Purpose and Scope. distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. This part prescribes"anti kickback" The terms include,without limitation, buildings, regulations under section 2 of the Act of June structures, and improvements of all types, such 13, 1934, as amended (40 U.S.C. 276c), as bridges, darns, plants, highways, parkways, popularly known as the CopelandAc i. This streets, suhv eys, tunnels: sewers. mains, part applies to any contract which is subject to powerlines, pumping stations, railways, Federal wage standards and which is for the airports, terminals, docks, piers, wharves, construction, prosecution, comp)etion, or repair ways, lighthouses, buoys,jetties, breakwaters, of public buildings, public works or buildings or levees, and canals;dredging, shoring, scaffolding, drilling, blasting, excavating, works financed in whole ori n part by loans or grants from the United States. clearing, and landscaping. Unless conducted The part is intended to aid in the enforcement in connection with and at the site of such a of the building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment(whether or not a Federal or State 66 of 73 subsidiary or otherwise, and an officer or agent agency acquires title to such materials, articles, supplies, or equipment during the of such corporation. course of the manufacture or furnishing, or (g) The term "Federal agency" means owns the materials from which they are the United States, the District of Columbia, and manufactured or furnished)is not a'building" all executive departments, independent or"work"within the meaning of the regulations establishments, administrative agencies, and In this part. instrumentality's of the United States and of (b) The terms "construction," the District of Columbia, including corporations, "prosecution,' "completion,' or"repair" mean all all or substantially all of the stock of which is types of work done on a particular building or beneficially owned by the U nited States, by the work at the site thereof, including, without District of Columbia, or any of the foregoing limitation, altering, remodeling, painting and departments, establishments, agencies, and decorating, the transporting of materials and Instrumentality's. (29 FR 97,Jan.4,1964,as amended at 33 FR 32575,Nov ?.7, supplies to or from the building or work by the employees of the construction contractor or 1973} construction subcontractor, and the Section 3.3 Weekly statement with manufacturing or furnishing of materials, respect tc payment of wages. articles, supplies, or equipment on the site of the building or work, by persons employed at (a) As used in this section, the term the site by the contractor or subcontractor. "employee' shall not apply to persons in (c) The terms"public building" or classifications higher than that of laborer or "public work" include building or work for mechanic and those who are the immediate whose construction, prosecution, completion, supervisors of such employees. or repair,as defined above, a Federal agency (b) Each contractor or subcontractor is a contracting party, regardless of whether engaged in the construction, prosecution, title thereof is in a Federal agency. completion, cr repair of any public building or (d) The term 'building or work financed public work, or building or work financed in in whole or in part by loans or grants from the whole or in part by loans or grants from the Unites States" Includes building or work for United States, shall furnish each week a whose construction, prosecution, completion, statement with respect to the wages paid each or repair, as defined above, payment or part of its employees engaged on work covered by payment is made directly or indirectly from 29 CFR Parts 3 and 5 during the preceding funds provided by loans or grants by a Federal weekly payroll period. This statement shall be agency. The term includes building or work for executed by the contractor or subcontractor or • which the Federal assistance granted is in the by an authorized officer of employee of the form of loan guarantees or insurance. contractor or subcontractor who supervises the (e) Every person paid by a contractor payment of wages, and shall be on form WH or subcontractor in any manner for his labor in 348, Statement of Compliance,' or on an the construction, prosecution, completion, or identical form on the back of WH 347, "Payroll repair of a public building or public work or (For Contractors Optional Use)" or on any form building or work financed in whole or in pari b; iL6niical wording. Sample cupi6s oi'Nr7 loans or grants from the United States is 347 and WH 348 may be obtained from the "employed" and receiving"wages," regardless Government contracting or sponsoring agency, of any contractual relationship alleged to exist and copies of these forms may be purchased between him and the real employer, (f) The term "any affiliated person" at the Government Printing Office. includes a spouse, child, parent, or other close (c) The requirements of this section shall not apply to any contract of$2,000 o r relative of the contractor or subcontractor; a less. partner or officer of the contractor or (d) Upon a written finding by the head subcontractor; a corporation closely connected of a Federal agency. the Secretary of Labor with the contractor or subcontractor as parent, may provide reasonable limitations, variations, 67 of 73 tolerances, and exemptions from the (a) Any deduction made in compliance requirements of this section subject to such with the requirements of Federal, State, or conditions as the Secretary of Labor may local law, such as Federal or State withholding specify. income taxes and Federal social security (29 F.R.95,Jan.4,1964,as amended at 33 F.R.10188,duty taxes. 17,1968) (b) Any deduction of sums previously Section 3.4 Submission of weekly paid to the employee as a bona fide statements and the preservation and prepayment of wages when such prepayment is made without discount or i nearest. A"bona inspection of weekly payroll records, fide prepayment of wages"is considered to (a) Each weekly statement required have been made only when cash or its under§3.3 shall be delivered by the contractor equivalent has been advanced to the person or subcontractor,within seven days after the employed in such manner as to give him regular payment date of the payroll period, to a complete freedom of disposition of the representative of a Federal or State agency In advanced funds. charge at the site of the building or work, or if (c) Any deduction of amounts required there is no representative of a Federal or State by court process to be paid to another, unless, agency at the site of the building or work, the the deduction is in favor of the contractor: statement shall be mailed by the contractor or subcontractor or any affiliated person, or when subcontractor,within such time, to a Federal or collusion or collaboration exists. State agency contracting for or financing the (d) Any deduction constituting a building or work. After such examination and contribution on behalf of the person employed check as may be made, such statement, or a to funds established by the employer or copy thereof, shall be kept available, or shall representatives of employees,or both, for the be transmitted together with a report of any purpose of providing either from principal or violation, in accordance with aprl!c�b!Q income, or both, medical or hospital care, procedures prescribed by the United States pensions, or annuiti es on retirement, death Department of Labor. benefits, compensation for injuries, illness, (b) Each contractor or subcontractor accidents, sickness, or disability, or for snail preserve his weekly payroll records for a insurance to provide any of the foregoing, or period of three years from date of completion unemployment benefits, vacation pay, savi nes of the contract. The payroll records shall set accounts, or similar payments for the benefit of out accurately and completely the name and employees, their families and dependents: address of each laborer and mechanic, his Provided, however, That the following correct classification, rate of pay, daily and standards are met: (1)The deduction is not weekly number of hours worked, deductions otherwise prohibited by law; (2) it Is either: (i) made, and actual wages paid. Such payroll Voluntarily consented to by the employee in records shall be made available at all times for writing and in advance of the period in which inspection by the contracting officer or his the work is to be done and such consent is not authorized representative, and by authorized a condition either for the obtaining of or for the reprascr iaeiL1es of the Depa:tment of t_a cr. continuation of employment, or (ii) provided for in a bona tide collective bargaining agreement Section 3.5 Payroll deductions between the contractor or subcontractor and permissible without application to or representatives of its employees; (3)no profit approval of the Secretary of Labor. or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor Deductions made under the circumstances or or any affiliated person in the form of in the situations described in the paragraphs of commission, dividend. or otherwise: and(4) this section may be made without application the deductions shall serve the convenience to and approval of the Secretary of Labor: and interest of the employee. (e) Any deduction contributing toward the purchase of United Stales Defense Stamps 68 of 73 and Bonds when voluntarily authorized by the such consent is not a condition either for the employee, obtaining of employ ment or its continuance;or (f) Any deduction requested by the (2)provided for in a bona fide collective employee to enable him to repay loans to or to bargaining agreement between the contractor purchase shares in credit unions organized or subcontractor and representatives of its and operated in accordance with Federal and employees. Slate credit union statutes. (35 F.R.9770,May 28,1971.} (g) Any deduction voluntarily authorized by the employee for the making of Section 3.6 Payroll deductions contributions to governmental or quasi- permissible with the approval of the governmental agencies, such as the American Secretary of Labor. Red Cross. (h) Any deduction voluntarily Any contractor or subcontractor may apply to authorized by the employee for the making of the Secretary of Labor for permission to make contributions to Community Chests, United any deduction not permitted under §3.5. The Givers Funds, and similar charitable Secretary may grant permission whenever he organizations. finds that: (1) Any deductions to pay regular union (a) The contractor, subcontractor, or initiation fees and membership dues, not any affiliated person does not make a profit or including fines or special assessments: benefit directly or indirectly from the deduction Provided, however, That a collective either In the form of a commission, dividend, or bargaining agreement between the contractor otherwise; or subcontractor and representatives of its (b) The deduction is not otherwise employees provides for such deductions and prohibited by law; the deductions are not otherwise prohibited by (c) The deduction is either(1) law. voluntarily consented to by the employee in Q) Any deduction not more than for the writing and in advance of the period in which "reasonable cost" of board, lodging, or other the work is to be done and such consent is not facilities meeting the requirements of section a condition either for the obtaining of 3(m)of the Fair Labor Standards Act of i 938, employment or its continuance, or(2)provided as amended, and Part 531 of this title. When for in a bona fide collective bargaining such a deduction is made the additional agreement between the contractor or records required under§516.27(a) of this title subcontractor and representatives of its shall be kept. employees;and (k) Any deduction for the cost of safety (d) The deduction serves the equipment of nominal value purchased by the convenience and interest of the employee. employee as his own property for his personal protection in his work, such as safety shoes, Section 3.7 Applications for the approval safety glasses, safety gloves, and hard hats, if of the Secretary of Labor. such equipment is not required by law to be furnished by the employer, if such deduction is Any application for the making of payroll not violative of the Fair Labor Standards Act or deductions under§3.6 shall comply with the prohibited by other law, If the cost on which the requirements prescribed In the following deduction is based does not exceed the actual paragraphs of this section: cost to the employer where the equipment is (a) The application shall be in writing purchased from him and does not include any and shall be addressed to the Secretary of direct or indirect monetary return to the Labor. employer where the equipm ent is purchased (b) The application need not identify from a third person, and if the deduction is the contract or contracts under which the wore.; either(1)voluntarily consented to be the in question is to be performed. Permission will employee in writing and in advance of the be given for deductions on all current and period in which the work is to be done and future contracts of the applicant for a period of 69 of 73 1 year. A renewal of permission to make such Section 3.11 Regulations part of contract. payroll deduction will be granted upon the submission of an application which makes All contracts made with respect to the reference to the original application, recites the construction, prosecution, completion, or repair date of the Secretary of Labor's approval of of any public building or public work or building such deductions, states affirmatively that there or work financed in whole or In part by loans or is continued compliance with the standards set grants from the United States covered by the forth In the provisions of§3.6, and specifies regulations in this part shall expressly bind the any conditions which have change d in regard contractor or subcontractor to comply with to the payroll deductions. such of the regulations in this part as may be (38 F.R_9770.May 28,1971.) applicable. In this regard, see§5.5(a) of this (c) The application shall state subtitle. affirmatively that there is compliance with the standards set forth In the provisions of§3.6. The affirmation shall be accompanied by a fuli statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wanes the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, If any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6;and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. Section 3.1v Methods of payment of wages. The payment of wages shall be b; cash, negotiable instruments payable on dem and, or the additional forms of compensation for w hich deductions are permissible under this part. No other methods of paym ent shall be recognized on work subject to the Copeland Act. 70 of 73 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Prime Contractor Project Name &Number The undersigned hereby certifies that: (a) Section 3 provisions are included in the Contract, (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$10,000), and (c) No segregated facilities will be maintained Name&Title of Signer(Print or Type) Signature Date 71 of 73 House Bill 89 Verification (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 . Notary Public 72 of 73 SB 252 CHAPTER 2252 CERTIFICATION I, , the undersigned n representative of (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051 , Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. 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