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HomeMy WebLinkAboutPR 21443: CONTRACT WITH EXACAVATION & CONSTRUCTION, LLC TO CONSTRUCT BUS STOPS FOR PORT ARTHUR TRANSIT City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit Director c Cc: Rafael Miranda,Public Works Engineering Date: June 8,2020 Re: P.R 21443—Authorization to execute a contract with Excavation&Construction,LLC.to construct bus stops for Port Arthur Transit Nature of Request: Proposed Resolution No. 21443 requests authorization for the City Manager to execute a contract with Excavation&Construction,LLC.to construct bus stops for Port Arthur Transit (PAT). Background: Bus stops are a critical part of the transit system as they serve as the first point of contact between the customer and the service provided by PAT. In addition, bus stop placement throughout the community acts to promote alternative modes of transportation to the traveling public. Over the next few years, PAT will commence the design and construction of bus stops in the community to meet the American with Disabilities (ADA) standards. The bus stops are intended to meet the transit patron's comfort and safety needs,and support an efficient transit network. The first two bus stops addressed in PAT's multi-year project are at the Port Arthur Library and the 9th Avenue Medical Plaza. The library was selected to address bus movement issues at this passenger transfer location. PAT selected the medical facility in response to community requests to improve it for passengers with mobility limitations. As PAT further refines its bus stop construction process, future bids will be more expansive in terms of the number of bus stops addressed. PAT issued a Request for Bids (RFB) for qualified vendors to submit bids to construct the new maintenance building. Two(2)bids were received,and have been evaluated by Purchasing and PAT. Recommendation: It is recommended that the City Council approve proposed P.R. 21443, authorizing the City Manager to enter into a contract with Excavation&Construction,LLC to construct bus stops in the amount not to exceed$254,297.46. Budgetary/Fiscal Effect: The Federal 5307 funds for this project are 100% reimbursable in account 401-1509-561.82-00. P.R. No. 21443 6/8/2020 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH EXCAVATION & CONSTRUCTION, LLC OF PORT ARTHUR, TEXAS TO CONSTRUCT BUS STOPS FOR PORT ARTHUR TRANSIT, IN AN AMOUNT NOT TO EXCEED $254,297.46; FUNDS AVAILABLE IN ACCOUNT 401- 1509-561.82-00. WHEREAS, PAT has been allotted federal funding to construct ADA compliant bus stops; and, WHEREAS, the Port Arthur Purchasing Division issued a Request for Bids to construct ADA compliant bus stops; and, WHEREAS, two (2) bids were received and evaluated by Purchasing and PAT, a copy of the Bid Tabulation is attached hereto as Exhibit"A"; and, WHEREAS, PAT is recommending that the City of Port Arthur by its City Manager award Excavation & Construction, LLC, the lowest responsible bidder, as delineated in Exhibit "A"; and, WHEREAS, a contract agreement between the City of Port Arthur and Excavation & Construction, LLC is attached hereto as Exhibit"B". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct. THAT, the City Manager is hereby authorized to enter into a contract with Excavation& Construction, LLC of Port Arthur, Texas, to construct bus stops for Port Arthur Transit, in an amount not to exceed $254,297.46, in substantially the same form as attached hereto as Exhibit «B» THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this day of A.D. 2020 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: P.R. No. 21443 6/8/2020 IM Councilmembers: NOES: Thurman "Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: ialTizen4ity Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 401-1509-561.82-00 LL ate !\ Ronald Burton Kandy Daniell City Manager Interim Director of Finance 47!„ ' rte Clifton Wi liams, CPPB Ivan Mitchell Purchasing Manger Transit Director P.R. No. 21443 6/8/2020 IM Exhibit "A" On• 00 X ami O O• O a` cd OHO N O r. U , Tc, C' 00 >., O b' F. ' M ' m V y L 6e CO 0 :0 ell u IL a 00 • •I' O r 0 GS U V N sz. ON N y t .7,:- � w y n 4 ^• >. L"' 3 0. 6i y C o O `O N Ul o F N 0 Q V N '� (0) 65 69 C VI ot C 0. Cl .CJ = C O X .0 .4CI: 'C u W — 0. 0 a O J Co -0 Cao 55 _ *C a. 0. C/) 0 cc# :� C FXv- -- y .� Q 'El 0 r_1 g `- t_ w -v c T. 0 .a y 0 o 7 Q ,' L ▪ alU U CO I) CO1• U a.= L1U o E c(.fz'�b C O U CU '� .S cC Y Y .O 'C Um ] FF- ¢ ♦ o o aq o E "8c c eu a o .o � cn 3,9bm U ^- Nr- < ;101Q .� Q C C '-. i- 4 P.R. No. 21443 6/8/2020 IM Exhibit "B" Table of Contents RETURN SECTION TITLE WITH BID A. AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS • GENERAL INFORMATION • FEDERAL CLAUSES D. SPECIFICATION E. BID SHEETS YES F. CONFLICT OF INTEREST(IF NO CONFLICT WRITE NA ON YES LINE 1 AND SIGN/DATE LINE 7) G. PAYMENT BOND H. INSURANCE I• PERFORMANCE BOND J. HOUSE BILL 89 VERIFICATION YES K. NON-COLLUSION AFFIDAVIT YES L. AFFIDAVIT PAGE YES M. SB 252 YES N. DBE DOCUMENT YES 0. CERTIFICATE OF SUBSTANTIAL COMPLETION P. LIST OF SUBCONTRACTORS SECTF• N A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND EXCAVATION & CONSTRUCTION, LLC. TO CONSTRUCT BUS STOPS THIS AGREEMENT, made this day of 2020, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Excavation & Construction, LLC. of Port Arthur Texas, herein acting by and through ,hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this contract a shall be 114 days from the start date on the Notice to proceed. 2. The Contract will perform work as stated in the Contract Documents. 3. During, the term of this Contract, the contractors with furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the for the following amounts. LOCATIONS AMOUNT Library Bus Stop $227,768.61 Cancer Center of SE Texas $26,528.85 5. The term "Contract Documents" means and includes the following: 1. Agreement 2. General Information 3. Specification 4. Bid 5. Addenda 6. Payment Bond 7. Performance Bond 8. Notice Award 9. Notice to Proceed Page 1 of 2 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of 2020. ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Ronald Burton, City Manager Signed on the day of 2020. ATTEST CONTRACTOR Excavation & Construction, LLC BY WITNESS Print Name: Title: Page 2 of 2 SECTION B THURMAN BILL BARTIE,MAYOR RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of '" SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. ;/ 110 CITY SECRETARY CAL J.JONES — r THOMAS J.KINLAW III r t /rt 1t tr r VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK f t",x Texas APRIL 27, 2020 INVITATION TO BID BUILD BUS STOPS FOR TRANSIT DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 13, 2020. (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,May 13, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE:P20-044 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 ►rritin! t(r City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 c l i fton.will i ams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street! Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Design Build of Bus Stops for Port Arthur Transit will be held on May 5, 2020 at 10:00 a.m. at the Transit facility located 322 Proctor Street, Port Arthur, Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s)to clarify the intent of the Contract Documents. Send an email to clifton.williams@portarthurtx.gov if you pregfer to video conference. INVITATION TO BID BUILDINg OF BUS STOPS FOR TRANSIT (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: CITY OF PORT ARTHUR, TEXAS COMPETIVE SEALED PROPOSAL Notice is hereby given that sealed proposals, 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 3:00 P.M., Wednesday, May 13, 2020 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, May 13, 2020 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: BUILD BUS STOPS FOR TRANSIT Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR TUESDAY, MAY 5, 2020 AT 10:00 A.M. AT ROSE HILL MANOR, LOCATED AT 100 WOODWORTH, PORT ARTHUR,TEXAS Copies of the Specifications and other Contract Documents are on file 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/bids.aspx or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. 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. � a24 Clifton Williams, CPPB Purchasing Manager FIRST PUBLICATION: APRIL 24, 2020 SECOND PUBLICATION: MAY 1,2020 SECTION C GENERAL INFORMATION: 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. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Most Responsive Bid in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. 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. WITHDRAWAL OF BID: The bidder may withdraw its bid by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The bidder may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. 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/filineinfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this ITB, 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. 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. The following are the current City Council and City Employees who are anticipated to either recommend or 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 will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer'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. All addenda will be numbered consecutively, beginning with 1. PRICES: The bidder should show in the bid both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 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. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. 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. 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. 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. 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 Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 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$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. 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. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF BIDS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Bidder has notified the City, in writing, that the Bidl Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. AMBIGUITY: Any ambiguity in the Bid Document as a result of omission, error, lack of clarity or non-compliance by the Bidder with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Bidder's ability to meet the minimum standards required by this ITB. CHANGE ORDER (a) The Contracting Officer may at any time, and without notice to the sureties, if any, by a written order, make changes within the general scope of this contract in any one or more of the following: (is) drawings, designs, or specifications; (ii) extending term of contract; and (iii) equitable adjustment in price/time of performance. If any such change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by the order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. (b) Any notice of intent to assert a claim for adjustment under this clause must be asserted by the Contractor within 30 days from the date of receipt of the Contracting Officer's written order; provided, however, that later notice shall not bar the Contractor's claim if the Contractor can demonstrate that PAT was not prejudiced by the delay in notification. In no event shall any claim be asserted after final payment. RETAINAGE: The City will withhold 5% retainage of each payment. ADDITIONAL INFORMATION: City may request any other information necessary to determine Bidder's ability to meet the minimum standards required by this ITB. CHANGE ORDER (a) The Contracting Officer may at any time, and without notice to the sureties, if any, by a written order, make changes within the general scope of this contract in any one or more of the following: (is) drawings, designs, or specifications; (ii) extending term of contract; and (iii) equitable adjustment in price/time of performance. If any such change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by the order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. (b) Any notice of intent to assert a claim for adjustment under this clause must be asserted by the Contractor within 30 days from the date of receipt of the Contracting Officer's written order; provided, however, that later notice shall not bar the Contractor's claim if the Contractor can demonstrate that PAT was not prejudiced by the delay in notification. In no event shall any claim be asserted after final payment. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express writ-ten consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS The following access to records requirements apply to this Contract: • Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity- The following equal employment opportunity requirements apply to the underlying contract: 3. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con- tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA)TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 8. TERMINATION 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. 9. DEBARMENT& SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA REQUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 11.RESOLUTION OF DISPUTES, BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 12. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority. 13. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 14. CLEAN WATER ACT (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 15. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 16. FLY AMERICA REQUIREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. DAVIS BACON 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 Iabor 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. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government."40 USC 3145(a), 29 CFR 5.2(h),49 CFR 18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a),29 CFR 5.5(a). `Construction,' for purposes of the Acts, includes"actual construction, alteration and/or repair, including painting and decorating."29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause(see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 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 classifications and wage rates conformed under paragraph (1)(ii) of this section) 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) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), 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; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or(C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (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 any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found,upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area 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 the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - City Utilities 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, City Utilities 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. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form 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 the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (5) 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 of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be 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 classification of 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 shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the 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 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 Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 18. _CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT — OVERTIME COMPENSATION 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section 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 paragraphs (1) through(4)of this section. 19. BONDING BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 20. SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 21. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 22. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. • Buy America certification is mandated under FTA regulation, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R.663.13. • Specific language for the Buy America certification is mandated by FTA regulation, "Buy America Requirements--Surface Transportation Assistance Act of I982,as amended," 49 C.F.R. 66I.12,but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A 53230). Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. §5323(1)and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: 1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1)component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK,OR ASSOCIATED EQUIPMENT 23. ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 24. BID PROTESTS. (1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five(5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen(15) days of receipt of the protest. Within the fifteen(15) day time period, the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. 25. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended(42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. DESIGN-BUILD REQUEST FOR PROPOSALS (RFP) FOR BUS STOPS CONTINUING DESIGN-BUILD SERVICES Scope of Work Port Arthur Transit (PAT) is soliciting proposals to furnish all labor and materials required to design and construct bus stops, and install shelters at various locations throughout PAT's service area. Work includes, but is not limited to transporting and installing shelters and amenities; and constructing all site work required for bus stops and amenities, and to provide ADA access to stops. PAT anticipates to construct 20 to 30 bus stops per year over the 3-year life of this contract. The contract may be utilized to address additional bus stop/sidewalk related items upon PAT's discretion. PAT's standard bus stop features a 10' x 15'or 10' x 30' concrete pad, with accessible connections for pedestrians traveling to and from the stop, a shelter and/or bench, bike loop and trash can. Major bus stops, such as a transit hub, often feature full electrical and communications, with additional shelters, and other amenities. Some stops may require signalization work to connect fiber and equipment to existing or new traffic control cabinets. Group I: Bus Stop Design and Construction 1) Contractor shall provide all professional services, labor, software, materials, etc. required to complete design of each assigned stop. Design shall include the following: a. The Contractor shall prepare and submit a site plan of each stop for approval prior to construction. The site plan shall include an aerial image of the site, with appropriate line work to demonstrate the full intent of the design. The drawing shall include details of proposed amenities, including right-of-way location; sizes and types; dimensions of the bus stop pad, distances from edge of pavement to all installed amenities; dimensions as required to demonstrate sidewalk width and ADA clearance; details of the bus stop pad, including size, concrete depth and strength, etc.; clearly identify clear zone, boarding and alighting area, and sight triangles; horizontal and longitudinal cross-slopes; location of bus stop sign; proposed erosion control measures; connection to adjacent sidewalk and existing or proposed curb ramps; and identification of utilities or other obstructions located within 25 feet of either side of the concrete pad. b. The approved site plan shall be signed and sealed by a Professional Engineer, licensed in the State of Texas. c. Record drawings shall be submitted for each stop following completion of construction. The drawings shall include final information regarding the construction and installation of amenities. All record drawings shall include the same information as the site plan, as well as any additional notes related to elements identified during construction. Record drawings shall be signed and sealed by a Professional Engineer, licensed in the State of Texas. 2) Contractor shall furnish all labor, tools and materials required for ongoing bus stop construction, unless otherwise specified in this RFP document. Work will be assigned through purchase orders prepared by PAT. All work shall be completed in accordance with the following requirements, unless otherwise noted in the RFP document or directed by the Project Manager: a. The Contractor shall not begin any construction at,a stop until a site plan has been submitted by the Contractor and approved by the Project Manager. b. The Project Manager will provide a list of stops for improvement, with notes regarding the planned amenities and bus stop type for each stop. The Contractor shall not begin any work at a stop without confirmation of this information. c. PAT's standard stop is 10' x 30' for stops prepared for installation of shelters and amenities. PAT's standard stop is 10' x 15' for stops prepared for installation of benches and amenities. Other size pads may be required in special circumstances and will be communicated by the Project Manager prior to construction. d. Upon completion of the pad construction, using a semi-permanent white striping paint the Contractor shall mark the following on the bus stop pad: 1. Location of the Bus Stop Installation using a 4 inch diameter circle with an "x"in it. 2. Bus Stop ID in a legible format directly above the sign location mark. e. The Contractor shall comply with Maintenance of Traffic (MOT) requirements by the agency governing the right-of-way of the stop location (City of Port Arthur, Texas Department of Transportation, or other municipality). In any case, the stop must be fully closed and protected until the stop is completed, and the Contractor shall include all measures to do so regardless of the agency minimum requirements. Proper sidewalk closures and detours shall remain in place through the full duration of construction. The Contractor shall obtain lane closure permits where required. f. The Contractor shall sod all disturbed areas within five days of pouring the concrete pad and prior to opening the stop to customers. Sod shall not be cut more than 48 hours prior to placement. The Contractor shall be responsible for establishment of the sod and shall replace any sod that is determined to be dead within six months of completion and acceptance of the stop. The Contractor will not receive additional compensation for replacement of sod within the six month time period. g. The Contractor shall install all erosion controls measures required to keep silt and debris from leaving the site. This includes,but is not limited to, silt fence and inlet protection. h. All construction must fully comply with all local, state and federal requirements, including full compliance with the latest ADA requirements at the time of construction of the stop. If any ADA issues are noted after acceptance of the stop, the Contractor shall return to the stop location and make any necessary modifications or replacement within 30 days of notification from the Project Manager, at no additional cost to PAT. i. PAT may elect to utilize consultant services such as Construction Engineering and Inspection (CEI) or other program support for some or all improvements. In any case, these services will not release the Contractor from any responsibility of meeting construction requirements. The Contractor shall coordinate and communicate with consultant's point of contact and will not receive additional compensation for such. j. The Contractor will not receive payment for any work at a stop until the stop has been completed and accepted by PAT. Quantities will be paid based on the Contractor's final drawings and in place construction. The Contractor will not receive compensation for any work not installed. Group II: Installation of Shelters and Amenities 1) Contractor shall furnish all labor, tools and materials required for ongoing shelter installation services, unless otherwise specified in this RFP document. Work will be assigned through purchase orders prepared by the Project Manager. This work includes, but is not limited to, the following: a. Assembly of new shelters and amenities in accordance with manufacturer installation instructions. 1. Currently, PAT has shelters produced by Duo-Grad. However, it should be noted shelters may be purchased from other manufacturers during the duration of the contract. 2. Shelters and amenities will be purchased by the PAT, and delivered from the manufacturer to PAT. 3. Standard amenities include solar lighting equipment (solar panels, wiring harness, light bar, etc.), benches, ad panels, bicycle racks, map cases, and trash receptacles. Sites may have all or only some amenities. Some sites require construction of electrical infrastructure for hardwiring. b. Transportation of shelters and amenities to/from installation site. 1. The Contractor shall utilize all necessary care in transporting shelters and amenities to their proper destinations to ensure the finish of the shelter is not scratched, marred or otherwise blemished either in transport, or as a result of loading or unloading. 2. Any damage resulting from the time of acceptance of delivery of the assets to completion of work at the final installation site will be the full responsibility of the Contractor. 3. The Contractor shall transport all items for installations and removals to/from PAT's storage facility. All transportation costs shall be included in the installation unit prices in this RFP. No additional costs for transportation will be allowed. c. Site work is required to install shelters and amenities, and provide ADA accessible path to/from shelters. Site work generally includes minor clearing and grubbing, grading, construction of concrete pads for shelter placement, sodding, etc. Some sites may require construction of curb ramps and sidewalks to/from shelter. 1. Clearing and grubbing for shelter sites typically involves removal of roots, tree stumps, minor pavement removal, etc. All waste shall be removed and disposed of in accordance with local regulations. All disposal tickets should be submitted to the PAT Project Manager. 2. Preparation: a) Prior to pouring, the Contractor shall adequately precondition the soil over which the pad is to be cast by achieving a minimum density of 95%. b) Any required fill materials shall be Fill Type S2 or Structural Fill Type Si. c) Contractor shall cutout soft areas of subgrade not capable of compaction in place. Backfill with Type SI fill and compact to density equal to or greater than requirements for subsequent fill material. d) Scarify subgrade surface to a depth of 4 inches to identify soft spots; fill and compact to density equal to or greater than requirements for subsequent fill material. 3. Each pad shall be cast and finished in a slightly textured (broom) finish to improve traction when wet. 4. The Contractor shall be responsible for ensuring all concrete pads are neatly finished and protected from graffiti until they are adequately cured to a sufficient hardness to preclude such vandalism. Failure of the Contractor to take such precautions may result in rejection of the work, requiring the Contractor to redo the work at the full expense of the Contractor. 5. All concrete pads shall be constructed to comply with the latest structural details for the applicable shelters and amenities. 6. All sidewalks shall be constructed in accordance with governing TxDOT or City of Port Arthur standards, and must meet all ADA requirements, including maximum 2% cross- slope. 7. Furnish and install Common Bermuda or Bahia sod for all disturbed areas around shelter installation in accordance with TxDOT Standard Plans. 2) Install shelters and amenities at various locations throughout PAT's service area. a. The Contractor will furnish the mounting hardware (anchor bolts, etc.) for affixing shelters and amenities to a concrete surface during installation. b. The Contractor shall affix asset tags to corresponding assets within seven (7) days following acceptance of delivery of the amenities at the Contractor's storage facility. Asset tags are placed on the back inside of the shelter just below the roof panel. The Contractor shall maintain a list of all asset tags at associated stops installed by the Contractor during each fiscal year. The assigned asset tags shall be submitted by the Contractor with the paperwork from each delivery, and the full asset report shall be submitted monthly to the Project Manager. c. Shelter installations must meet all clear zone requirements, in accordance with TxDOT Roadway Design Manual. For curb and gutter sections, a minimum two (2) foot clearance between the overhead canopy and face of curb is required. d. Shelters should not be placed such that they block sight distance at intersections or driveways. Shelters should be placed a minimum of 25 feet from the beginning or end of curb return of an intersection or driveway. In any case, the shelter shall comply with Line of Sight and clear zone requirements. e. The Contractor shall ensure a minimum vertical clearance of 14' 6" between top of pavement and bottom of tree foliage. f. Contractor shall complete a solar suitability site review prior to installation and submit a copy of the review with the stop design documents. g. All work shall comply with the requirements listed in the "ADA Accessibility Guidelines for Transportation Facilities."Requirements include, but are not limited to, the following: 1. 'Where provided, new or replaced bus shelters shall be installed or positioned as to permit a wheelchair or mobility aid user to enter from the public way and to reach a location, having a minimum clear floor space of 30 inches by 48 inches of clear floor space, entirely within the perimeter of the shelter. 2. Bus stop pads shall have a firm, stable surface. 3. Bus stop pads shall have a clear length of 96 inches minimum measured perpendicular to the curb or vehicle roadway edge and a clear width of 60 inches minimum measured parallel to the vehicle roadway. 4. Shelters shall be connected to streets, sidewalks or pedestrian paths by an accessible route to the boarding area complying with sections 4.2 and 4.3. 5. The slope of the pad parallel to the roadway shall, to the extent practicable, be the same as the roadway. 6. For water drainage, a maximum slope of 1:50 (2%) perpendicular to the roadway is allowed. 3) For some major stops, the following additional work components will apply: a. Some major stops will have electrical connections. The Contractor will be required to establish all electrical connections to existing stub-outs. b. Some site work, including construction of concrete pads, may be completed through a separate contract. c. Concrete pads must meet structural requirements of the selected shelter, which could include 8" concrete pad with minimum 3,000 psi and #5 reinforcing bars at 12" O.C. in both directions 4"from the edge of pad. Contract Administrative Responsibilities 1) Upon completion of work at a site, the Contractor shall notify the Project Manager. The Project Manager or designated consultant support staff will promptly inspect the site after receiving the notice. Any unsatisfactory work will be noted and communicated to the Contractor. Deficiencies shall be corrected by the Contractor prior to payment and fmal acceptance by PAT. Corrections shall be completed no more than 30 days after notification. 2) The Contractor shall provide a weekly report to the Project Manager. The report shall provide a detailed list of all services performed during the prior week, with corresponding dates, as well as list any noted deficiencies at bus stop locations visited during the week. Deficiencies should also be reported to the Project Manager immediately upon notice, if a decision or action is required, or if a potential safety issue results from the deficiency. A template will be provided to the Contractor to use for weekly reports. 3) The Contractor shall maintain a log of all stops improved during the fiscal year. The log shall be submitted monthly and when requested by the Project Manager for information. The log shall include details of the improvements made to each stop, including location, pad size, amenities installed, and Council District. 4) The Contractor shall provide a list of all scrap aluminum and usable shelter parts, amenity components, etc. to the Project Manager which must be returned to PAT. 5) Prior to construction, the Project Manager will provide the Contractor with a list of all asset tags. 6) The Contractor shall maintain a list of all asset tags at associated stops installed, removed, or relocated by the Contractor during each fiscal year, and during the course of the contract. 7) The Contractor shall document all improvements with preconstruction and post construction photographs. Photographs shall be submitted with the record drawings for all stops prior to final invoicing. Failure to provide photographs to the Project Manager may result in unpaid work. 8) If requested by PAT's Project Manager or Consultant, the Contractor shall provide assistance with notifying property owners of planned work in advance of construction. In such case, PAT will provide the collateral (letters, door hangers, signage, etc.) to the Contractor and the Contractor will deliver or install notices. 9) Response Time: 10)The Contractor shall respond to emergency calls concerning public safety within four (4) hours of assignment. during normal business hours. 11)Prior to commencement of design or construction, the Contractor shall prepare and submit a cost estimate to the Project Manager for approval. Final payment will be based on actual quantities installed at the corresponding unit prices. 12)In the event a work item is not included in the pay items listed in this document, the Contractor shall prepare and submit a price quote to the Project Manager for approval. All new work items shall be added to the Contract by way of Contract Amendment. In the event that PAT and Contractor cannot agree upon the price for said work, PAT may elect to solicit a 2nd quote from another Contractor, at which time the Contractor submitting the lowest quote will be awarded the work. No work shall proceed without the approval of the Project Manager. General Requirements 1) The Contractor shall have a minimum of three years' experience in similar construction services (i.e. site work, on-call services, etc.). The Contractor shall submit proof of qualifications and similar experience with their proposal. 2) The Contractor shall meet all manufacturer installation and warranty requirements. 3) All design and record drawings and documents shall be signed and sealed by a Professional Engineer appropriately licensed in the State of Texas. 4) The Contractor shall be fully liable for any damages to private property. The Contractor shall take all precautions necessary to complete all work from within the public right-of- way. 5) In the unlikely event the Contractor must have access to private property; it will be the Contractor's responsibility to coordinate with the property owner, unless otherwise instructed by the Project Manager. 6) Any restoration to landscaping or sod shall conform to the standards of the jurisdiction governing the right-of-way in which the site is located. 7) The Contractor shall be responsible for providing all necessary safety equipment. All work must comply with all PAT and OSHA safety requirements. In the event of failure by the Contractor to correct conditions unsafe for the workmen or the general public, or for such periods he or she deems necessary due to unsuitable weather, the Project Manager may stop any affected work tasks until the Contractor can demonstrate appropriate corrections have been made. 8) The Contractor shall protect existing landscaping and shelter amenities that are to remain in the areas of construction. Any damage resulting from the Contractor shall be restored to the original condition, or better, at the full expense of the contractor. 9) The Contractor shall obtain all required permits, at no additional cost to PAT. 10)The Contractor shall complete utility locates in accordance with State of Texas requirements for each site prior to commencement of work. 11)All work items must comply with all applicable local, state and federal regulations. 12)All work sites shall be cleaned up immediately upon completion of work at the site. All trash, debris, and excess materials shall be picked up, hauled away, and properly disposed of by the Contractor. Disposal shall comply with all local, state, and federal regulations. 13)All mobilization costs shall be included in corresponding unit prices. No additional payments will be made for mobilization. Warranty The Contractor shall provide a minimum two (2) year warranty on workmanship of all new installations.The warranty shall cover 100%of all labor&material excluding normal wear. Any sod that dies within the six months after completion and opening of a stop shall promptly be replaced by the Contractor, at no additional cost to PAT. The Contractor shall comply with all manufacturer warranty requirements. The Contractor will be responsible for the full costs (labor and materials) required to correct any work that compromises the manufacturer warranty. Installation Details and Referenced Standards The Contractor shall comply with the latest edition of TxDOT Standard Plans and City of Port Arthur standards as applicable based on the agency governing the right-of-way for each stop SECTIlsit BID SPECIFICATIONS FOR BUS STOP CONTRUCTION Disadvantaged Business Enterprise (DBE). All Proposers are hereby notified that the DBE requirements of 49 CFR Part 26 apply to this Solicitation. The DBE participation goal for the Contract is 15%. Participation Goals. Since a DBE participation goal has been established for the Contract, Proposers must meet one (1) of the following criteria to be considered for the Contract • Achieve the DBE participation goal as specified below; OR • Submit documentation detailing its good faith efforts. DBE Goal Established For The Contract: The Bidderr shall make a good faith effort to subcontract the percentage of the dollar value of the total annual aggregate amount of the Contract as set forth in the Notice for Publication, to certified DBE subcontractors (race conscious). Contracted Proposers shall submit reports, on forms provided or approved by PAT: (1) with each invoice, indicating the amount of the progress payment due to DBE firms; and (2) annual reports indicating the total aggregate amounts paid by PAT to the Proposer, and the amount and percentages of those payments which have been paid to individually identified DBE firms. Contract Term. The contract is for 144 days. Scope of Work Port Arthur Transit(PAT) is soliciting bids to furnish all labor and materials required to construct bus stops at two locations throughout PAT's service area. Work includes, but is not limited to constructing all site work required for bus stops and amenities, and to provide ADA access to stops. The contract may be utilized to address additional bus stop/sidewalk related items upon PAT's discretion. PAT's standard bus stop features a 10' x 15'or 10' x 30' concrete pad, with accessible connections for pedestrians traveling to and from the stop, a shelter and/or bench, bike loop and trash can. Major bus stops, such as a transit hub, often feature full electrical and communications, with additional shelters, and other amenities. Some stops may require signalization work to connect fiber and equipment to existing or new traffic control cabinets. Bus Stop Construction 1) Contractor shall provide all professional services, labor, software,materials, etc. required to complete the construction design of each assigned stop. Construction work shall include the following: a) Record drawings shall be submitted for each stop following completion of construction. The drawings shall include final information regarding the construction and installation of amenities. All record drawings shall include the same information as the site plan, as well as any additional notes related to elements identified during construction, shall be red lined in the construction drawings and marked as record drawings and signed by the contractor. 2) Contractor shall furnish all labor, tools and materials required for ongoing bus stop construction, unless otherwise specified in this ITBdocument. Work will be assigned through purchase orders prepared by PAT. All work shall be completed in accordance with the following requirements, unless otherwise noted in the ITB document or directed by the Project Manager: a The Contractor shall not begin any construction at a stop until a schedule of work and contact persons have been submitted by the Contractor and approved by the Project Manager. b The Project Manager will provide a list of stops for improvement, with notes regarding the planned amenities and bus stop type for each stop.The Contractor shall not begin any work at a stop without confirmation of this information. c PAT's standard stop is 10' x 30' for stops prepared for installation of shelters and amenities. PAT's standard stop is 10' x 15' for stops prepared for installation of benches and other small amenities. Other size pads may be required in special circumstances and will be communicated by the Project Manager prior to construction. d Upon completion of the pad construction, using a semi-permanent white striping paint the Contractor shall mark the following on the bus stop pad: 1. Location of the Bus Stop Installation using a 4 inch diameter circle with an"x"in it. 2. Unique Bus Stop ID in a legible format directly above the sign location mark. e The Contractor shall comply with Maintenance of Traffic (MOT) requirements by the agency governing the right-of-way of the stop location (City of Port Arthur, Texas Department of Transportation, or other municipality). In any case, the stop must be fully closed and protected until the stop is completed, and the Contractor shall include all measures to do so regardless of the agency minimum requirements. Proper sidewalk closures and detours shall remain in place through the full duration of construction. The Contractor shall obtain lane closure permits where required. f The Contractor shall sod all disturbed areas within five days of pouring the concrete pad and prior to opening the stop to customers. Sod shall not be cut more than 48 hours prior to placement. The Contractor shall be responsible for establishment of the sod and shall replace any sod that is determined to be dead within six months of completion and acceptance of the stop. The Contractor will not receive additional compensation for replacement of sod within the six month time period. g The Contractor shall install all erosion controls measures required to keep silt and debris from leaving the site. This includes, but is not limited to, silt fence and inlet protection. h All construction must fully comply with all local, state and federal requirements, including full compliance with the latest ADA requirements at the time of construction of the stop. If any ADA issues are noted after acceptance of the stop, the Contractor shall return to the stop location and make any necessary modifications or replacement within 30 days of notification from the Project Manager, at no additional cost to PAT. i PAT may elect to utilize consultant services such as Construction Engineering and Inspection (CEO or other program support for some or all improvements. In any case, these services will not release the Contractor from any responsibility of meeting construction requirements. The Contractor shall coordinate and communicate with consultant's point of contact and will not receive additional compensation for such. j. The Contractor will not receive payment for any work at a stop until the stop has been completed and accepted by PAT. k Quantities will be paid based on the Contractor's final drawings and in place construction. The Contractor will not receive compensation for any work not installed. Contract Administrative Responsibilities 1) Upon completion of work at a site, the Contractor shall notify the Project Manager. The Project Manager or designated consultant support staff will promptly inspect the site after receiving the notice. Any unsatisfactory work will be noted and communicated to the Contractor. Deficiencies shall be corrected by the Contractor prior to payment and final acceptance by PAT. Corrections shall be completed no more than 20 days after notification. 2) The Contractor shall provide a weekly report to the Project Manager. The report shall provide a detailed list of all services performed during the prior week, with corresponding dates, as well as list any noted deficiencies at bus stop locations visited during the week. Deficiencies should also be reported to the Project Manager immediately upon notice, if a decision or action is required, or if a potential safety issue results from the deficiency. A template will be provided to the Contractor to use for weekly reports. 3) The Contractor shall maintain a log of all stops improved during the fiscal year. The log shall be submitted monthly and when requested by the Project Manager for information. The log shall include details of the improvements made to each stop, including location,pad size, amenities installed, and Council District. 4) The Contractor shall provide a list of all scrap aluminum and usable shelter parts, amenity components, etc. to the Project Manager which must be returned to PAT. 5) Prior to construction, the Project Manager will provide the Contractor with a list of all asset tags. 6) The Contractor shall maintain a list of all asset tags at associated stops installed, removed, or relocated by the Contractor during each fiscal year, and during the course of the contract. 7) The Contractor shall document all improvements with preconstruction and post- construction photographs. Photographs shall be submitted with the record drawings for all stops prior to final invoicing. Failure to provide photographs to the Project Manager may result in unpaid work. 8) If requested by PAT's Project Manager or Consultant, the Contractor shall provide assistance with notifying property owners of planned work in advance of construction. In such case, PAT will provide the collateral (letters, door hangers, signage, etc.) to the Contractor and the Contractor will deliver or install notices. 10)The Contractor shall respond to emergency calls concerning public safety within four (4)hours of assignment. during normal business hours. 11)Prior to commencement of design or construction, the Contractor shall prepare and submit a cost estimate to the Project Manager for approval. Final payment will be based on actual quantities installed at the corresponding unit prices. 12)In the event a work item is not included in the pay items listed in this document, the Contractor shall prepare and submit a price quote to the Project Manager for approval. All new work items shall be added to the Contract by way of Contract Amendment. In the event that PAT and Contractor cannot agree upon the price for said work, PAT may elect to solicit a 2°d quote from another Contractor, at which time the Contractor submitting the lowest quote will be awarded the work. No work shall proceed without the approval of the Project Manager. General Requirements 1) The Contractor shall meet all manufacturer installation and warranty requirements. 2) The Contractor shall be fully liable for any damages to private property. The Contractor shall take all precautions necessary to complete all work from within the public right-of-way. 3) In the unlikely event the Contractor must have access to private property; it will be the Contractor's responsibility to coordinate with the property owner, unless otherwise instructed by the Project Manager. 4) Any restoration to landscaping or sod shall conform to the standards of the jurisdiction governing the right-of-way in which the site is located. 5) The Contractor shall be responsible for providing all necessary safety equipment. All work must comply with all PAT and OSHA safety requirements. In the event of failure by the Contractor to correct conditions unsafe for the workmen or the general public, or for such periods he or she deems necessary due to unsuitable weather, the Project Manager may stop any affected work tasks until the Contractor can demonstrate appropriate corrections have been made. 6) The Contractor shall protect existing landscaping and shelter amenities that are to remain in the areas of construction. Any damage resulting from the Contractor shall be restored to the original condition, or better, at the full expense of the contractor. 7) The Contractor shall obtain all required permits, at no additional cost to PAT. 8) The Contractor shall complete utility locates in accordance with State of Texas requirements for each site prior to commencement of work. 9) All work items must comply with all applicable local, state and federal regulations. 10)All work sites shall be cleaned up immediately upon completion of work at the site. All trash, debris, and excess materials shall be picked up, hauled away, and properly disposed of by the Contractor. Disposal shall comply with all local, state, and federal regulations. 11)All mobilization costs shall be included in corresponding unit prices. No additional payments will be made for mobilization. Except for contracts with callout or emergency works. 12)The contractor will establish the project control point,points of tangency,pi's (points of intersections), point of curvature (pc,pi and pt) and bench mark at the beginning and end of the project. 13)The contractor shall furnish all lines, grades and benchmarks, other than those specified above. Notify the Engineer immediately if discrepancies are discovered in the horizontal control or the benchmark data. 14)All authorized waste material and debris shall become the property of the contractor and shall be disposed of at a place off the right-of-way and do not dispose debris on private property unless approved in writing by the Engineer. Warranty The Contractor shall provide a minimum two (2) year warranty on workmanship of all new installations. The warranty shall cover 100% of all furnished materials, equipment, labor, tools, supplies and incidentals to complete the work excluding normal wear. Any sod that dies within the six months after completion and opening of a stop shall promptly be replaced by the Contractor, at no additional cost to PAT. The Contractor shall comply with all manufacturer warranty requirements. The Contractor will be responsible for the full costs (labor and materials) required to correct any work that compromises the manufacturer warranty. Installation Details and Referenced Standards The Contractor shall comply with the latest edition of TxDOT Standard Plans and City of Port Arthur standards as applicable based on the agency governing the right-of-way for each stop. SPECIAL PROVISIONS IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to the fact that utility adjustments may be required for the construction of this project. The Contractor will be expected to coordinate work with all utility companies in order to maintain service at all times to the adjacent property owners. Additional time will be granted for delays caused by utility adjustments, if in the opinion of the Engineer, such delays warrant additional time. It is specifically understood, however, that if the Contractor is delayed by virtue of these utility adjustments, that this delay will not be considered as a basis for a claim by the Contractor. The following utility companies are involved in the construction of this project and a telephone number and current contact person are listed: UTILITY TELEPHONE NO. CONTACT PERSON AT&T Telephone Company 0: 409.839.7851 Eddie Cook M: 409.924.1495 0: 409.893.1666 Cliff Palermo M: 409.291.9489 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur Water 0: 409.983.8557 Darrel Harmon Distribution M: 409.718.2442 City of Port Arthur Sewer 0: 409.983.8551 Jerome Hudson Conveyances M: 409.543.3839 City of Port Arthur Drainage 0: 409.983.8524 Brad Brown Superintendent M: 409.365.7184 Entergy 0: 409.982.5830 Pauline Oliver M: 409.679.6154 Spectrum 0: 409.720.5565 Adam LaRive M: 409.284.3765 The utilities listed above will be adjusted by the Owner of the utility and will not be the responsibility of the Contractor with the exception of sewer and water line adjustments. The Contractor shall perform all work necessary to adjust the sewer and water lines as detailed in the plans. DETOURS, BARRICADES, WARNING SIGNS, SEQUENCE OF WORK, ETC. • Prior to beginning any work on this project, it will be necessary for the Contractor to participate in the pre-construction safety meeting with the Engineer in charge of the project, and other agencies. The Engineer in charge of the project will notify the Contractor when this meeting will be held. This meeting shall be prior to the beginning of working time changes. • Before beginning work on this project, the contractor shall submit in writing, for approval by the Engineer, a plan of operation outlining in detail a sequence of work to be followed. • The Traffic Control Plan shall be governed by TxDOT Traffic Control Plan, Barricades and Traffic Control Standards; BC (1-12)-14 and Work Zones Traffic Control Details as shown on the plans. • Flaggers, portable barricades, pavement markings, and warning signs in addition to those shown in the plans may be required as directed by the Engineer in order to insure a safe and continuous flow of traffic. If the Contractor desires to deviate from the Traffic Control Plans, approval from the Engineer must be obtained. No additional compensation will be allowed the Contractor if there is a deviation from the Traffic Control Plan. • The Contractor's particular attention is called to the Traffic Control Plan and sequence of work detailed in the plans. Strict adherence to this plan will be required unless otherwise approved by the Engineer in writing. • It is the intent of the City of Port Arthur that unfavorable impact by the contract work, on businesses and residences, shall be minimized. The Contractor shall notify in writing, at least forty-eight (48) hour prior to beginning any phase of work, all businesses and residences which are expected to be affected by said phase of work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the Plans and Contract documents. General: • The Contractor shall provide the traffic control devices so detailed in the Texas MUTCD. It is the intent of the sequence of work that the Contractor be continually aware and responsive to the needs of the traveling public and that all operations be performed with the needs of the public and local residences in mind and to insure the safety of both the public and the project personnel. • Insure that safe access is provided to bus stops, bus shelters and to and from bus loading and unloading at all times. • Provide temporary driveway access crossing construction area at the end of each day. x0 YID. BID TABULATION CANCER CENTER OF SE TEXAS(STOPID 237) NOTE:The City of Port Arthur is a tax exempt agency.The City will furnish approved bidder with Tax Exemption Certificate for materials used in this project. BASE BID ITEMS ITEM ITEM ALT DESCRIPTION UNIT ESTIMATED UNIT PRICE UNIT PRICE(WRITTEN) TOTAL NO. CODE QUANTITY i / 104 001 REMOVING CONCRETE(CURB)(INCL SAW CUTTINGPAVMT) LF 16 3S.'ji r4 -c.W' c,—+,-c—,„ $SD-1.01 110 001 EXCAVATION CY 20 539 ) Frl...c wn r,r f1+1', ccr), 406.03 132 001 EMBANKMENT(fINAI)(ORD COMP)(TY B) STA 84 KJ_� r �'Vis-,,,,,e NIf i, . -�Y�•o crn�<•- IA.QSf n.e 164 001 SODDING(ST.AUGUSTINE GRASS) SY 41 4 2Q J s} (/yttl G'' >en�Cc/}p•5 $`}I),4(J 168 001 VEGETATIVE WATERING MG 4 7 7,y1, 7 T,r,,},,,,r,�cct) s,�en1•�.JJJe r�+and F,{#'•L- ,.... i 11 li N.I4 CONCRETE PAVEMENT PAD(10'W X 30'0(61(CLASS A)(INCL 8 MIL J 360 001 SY 34 POLY SHEET BOND BREAKER)(SUBGRADE DC) t 69,20 3.t A-n.n� 4") n..u,f c 3_2,3s2 20 500 001 M0BIU2ATION LS 1 799•CO Sc.r reA r441,--Tu.T ..dr.co...AY, 4 ?el./X) 502 001 BARRICADES,SIGNS,AND TRAFFIC HANDLING MON 1 I I?J I S.'J ro,, *•,,,, ted rl r....,—3 ,+.,- .._,A4,41,2)) A`"J 529 001 CONCRETE CURB(TYPE I1)(MONO) IF 10 Z 2.y0 J.,,nhs-F...n,.'']' co..sr4- c ,i 4-c 72'1 ) 531 001 SIDEWAULS(5'X 4")(CL.AI(SUBGRADE ROILED&COMPACTED) SY 102 1 yM6.S,3 (n,,,r- s,v �.rid F,G4 -J14 rcc c.,fs `•j 7`Jj, D‘, 531 002 SIDEWALXS(WHEEL CHAIRRAMPS)(TY 7) EA 2 )i 1O 0 PM Tlvx.rt,. p, c�nc'A 7,rea r_x241 2!QJb:C'(,i 644 001 INS SM ROADSIDE SIGNS ASSEMBLIES(BUS SOPI(COMP IN PL) EA 1 {, I 12.0.00 n,.,ltw�-.,moi• 4,4, 1N-...43.�„r� ,....,—„t,.I I�{too,co 84000 001 SUPPLEMENTAL ITEMS LS 1 $ 4,00000 Fr,..r I v-,...3G c.nd i,--o cin I 4,0Y),Q`) TOTAL AMOUNT BID $A S23 95 Bid Sheet 42 - CANCER CENTER OF SE TEXAS (STOPID 237) and {6 /100 Dollars (Total Base Contract Price-Written) Total number of Calendar days to complete: 74 QUANTITIES OF WORK: The quantities of work or material stated in unit price items of the Bid arc supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty-percent (20%) of the Contract Price.r[ Bid Submitted by: Lxr�,vc,.1-,cin `- // , Contractor Represented by: rt-I (1\�f,r,�;}- )m , Title Bid Prepared by: E4----.r)��` <fr�r, , Estimator , Estimator Bid Sheet#2 - LIBRARY BUS STOP (STOPID 256) Two hi�a1 t Cf7 tv �l I (- 4C,lr r1 7 hoo1 (C7 s,y� —cn and (, 1 /100 Dollars (Total Base Contract Price-Written) Total number of Calendar days to complete: 144 QUANTITIES OF WORK: The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty-percent (20%) of the Contract Price. Bid Submitted by: Exe,,...+-,t,on d- C,ca ,cfr J-,.- , Contractor Represented by: Er-if G i f r k.<t-c{- ,A1 , Title Bid Prepared by: 611..r, L,n Sn , Estimator , Estimator BID TABULATION LIBRARY BUS STOP(STOPID 256) NOTE:The City of Port Arthur Is a tax exempt agency.The City will furnish approved bidder with Tax Exemption Certificate for materials used in this project. BASE BID ITEMS ITEM ITEM ALT DESCRIPTION UNIT ESTIMATED UNIT PRICE UNIT PRICE(WRITTEN) TOTAL NO. CODE QUANTITY 104 001 REMOVING CONCRETE(SIDEWALK) SY 41 4L{7,6)1 Fa... -,--- , r"r] n.n t5-or>„ant, ,$115Ld.31 110 001 EXCAVATION CY 723a LW...C.'/�,n T._cnf1 Gnd •nfcrn „-„id l�j i761'1 QG. 1( 132 001 EMBANKMENT(FINAL)(ORDCOMP)(TY B) STA 84 132.77 7,rt�-t.......-. r40 v,,yA}j-,,,,,n r 164 001 BROADCAST SEED(PERM)(RURAL)(CLAY) SY 223 '�j, y�L jL L{.`f 9 h w � 4r..� c`�`'1 r yfi �ct'y'y.04 168 001 VEGETATIVE WATERING MG 5 222.8 . Y..,11�1�N }wrp,A -}..T, ,„{, 11 IILj 10 260 001 LIME(HYDRATEDLIME)(6%)(SLURRY) TON 33 2,3t-`0Sj T i'x.rlw.1 r4...,-t3-{ „.-,,.......ccc]]]]]]��JJJJJJ c.1-}c Cr.l'c,3 7,7Z`f,('-/ 260 002 LIME TREATMENT ROAD MIX)(81(EXIST MAIL) SY 1445 1 CJ,6 I Tr n ••nel .S.401/,nr)x r,"rrFi 4 1.5 f 331 `f' 276 001 CMTRT(PTMX)(CLL)(TYA)(GR1-2)(FNPOS) SY 1445 7 2.M Lff Twrrp}, -n-,nc uTu..-1v-rw,er,-t< '7/1417•-I C 360 001 CONCRETE PAVEMENT(6")(CLASS P)(INCL.B MIL POLY SHEET BOND SY 1334 /tJ/ L J BREAKER) b IL-5 Saf5 —fo„c ,,,,f_/-f1+- c,Ais 0�16tz�/{,3(0 464 001 REINFORCED CONC PIPE(18")(CL III)(COMP IN PL) LF 37 129.1`--f .0,..ii t..,.n _c,p I' Jrv,`Cy.. . '-/,/1/, I 467 001 SAFETY END TEATMENT 118"PIPE)(COMP IN FL) EA 2 _1 I 3• j I p,.44w..,,o„ }h„y H,y�`�r" c.,r L„�,..�4.,,/, 12 6�P f7,an 479 001 ADJUST MANHOLES AND INLETS(G.I.) EA 1 ..,,,A.,A, . ,,c,, ,„J,. 1, 3'1 n a) 500 001 MOBILIZATION IS 1 a{10,O O Cy) Tc,-. FI,a,,. ,a „r) ice:.. cc is A 10.PtY0.7),-,502 001 BARRICADES,SIGNS,AND TRAFFIC HANDLING 1 MON Q 17_3- -OD V. 44,°„„a r,re l..a.A ctt),J,r4.1-FvF.yf�,....4, 1f?32.0n 529 001 CONCRETE CURB(TYPE II) LF 130 4{'.6.kt r Ir ticc-- }./] u ccn 1.� 4,1 16L1, 531 001 SIDEWALKS(5'X 4") SY 12 4 1SC(,L-/5 r�,Tt ^n,rX• o-r 1....0. -F",,, �n(a 3 1 h1J,Yr) 531 002 SIDEWALKS(WHEEL CHAIR RAMPS)(TY 7) EA 1 j4 b X76.ran E Thr h, ,/I Fntrt. n ri 7.,Tn«ntx a 0.00 644 001 SMALL ROADSIDE SIGNS ASSEMBLIES(COMP IN PL) EA 6 4 t 1 b,4`) 5,x�h,nn ,-,,c) 11-.=,•-• ,...,,,11,0,-,r•cn,,-nh $5496.00 666 001 REFL PAV MRKG(TY I)(12")(SLD)(100 MIL) IF 128 c 2.0,/6T. -, c-» t.s c1 -1 tr f+-cn rrft,-, 2,5.V6 4/1 666 002 PAV SRF SEALER FOR MRKG 1121 LF 128 "1122.r-1(7 "LA r tint? Rpr) F,�._rty c..-nh __I Z 7.20 678 001 PAV SURF PREP(12") LF 128 1 \2. One r.nl 1•�cl.ic r•-.^7'#t ', l'i.J.3.6 84000 901 SUPPLEMENTAL ITEM L5 1 5 18,775.87 $ 18,775.87 TOTAL AMOUNT BID $277, 7E4 61 SECTION F CONFLICT OF INTEREST QUESTIONNAIRE FORM CLQ For vendor doing business with local governmental entity This questionnaire reflects changes made 10 the law by H.B. 23, 84th Leg., Regular Session. OFRCE 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 178 001(1•a) with a local governmental entity and the vendor meets requirements under Section 176006(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 176.008(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code.An /� 44- • offense under this section is a misdemeanor. /�/ J Name of vendor who has a business relationship with local governmental entity.ril l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated l 1 completed questionnaire with the appropriate filing authorhy not later than the 7th business day after the date on which you became aware that the originally tiled questionnaire was Incomplete or inaccurate I J Name of local government officer about whom the information is being disclosed. 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, Froin the vendor? Yes 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 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. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as descri d in Section 176003(a)(2)(B), excluding gifts described in Section 176.003(a-1) /zO/ Zo Sign re of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics state_tx us Revised 111302015 SECTIO ' - G Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name.legal slates and address) (Name,legal states and principal place of business) This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name,legal status and address) modification. Any singular reference to Contractor,Surety,Owner or other party shall bo considered CONSTRUCTION CONTRACT plural where applicable Date.: Amount: Description: (Na,,,'and/rrcwtirrn) BOND Date: (Not earlier than('onslruction('uniraci Dale) Amount: Modifications to this Bond: 0 None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate.Sea)) Company: (('urp(watc.Saul) Signature Signature: Name Name and Title: and Title: (Any additional signatures appear on the last page rJthhi Payment Bond) (FOR INFORMATION ONLY Name.address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect. Engineer or other parte:) Init. AIA Document A312"—2010 Payment Bond.Copyright®2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution or this AIAe Document,or 1 any portion of It.may result in severe clvli and criminal penaltles.and will be prosecuted to the maximum extent possible under the taw.To report copyright violations of AIA Contract pocameras.e-mail The American Institute of Architects legal counsel oopyrfghtgaia.org. ae„is §1 The Contractor and Surety.jointly and severally,hind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference.subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnities and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3.the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1('laimants,who do not have a direct contract with the Contractor. 1 have furnished a written notice anon-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed.within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim:and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 Ifa notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2.whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt oldie Claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7,2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. lf,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surely shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to he due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount ol'this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.I3y the Contractor furnishing and the Owner accepting this Bond.they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. toil AIA Document A312'"—2010 Payment Bond.Copyright Cl 2010 by The American Institute of Architects.Alf rights reserved.WARNING:This AIA" Document Is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this Ale Document,or 2 any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To repos copyright violations of AIA Contract Documents,e-mail The Amerean Institute of Architects'logai counsel,oopyrightgaia.org. §10 1lie Surety shall not he liable to the Owner.Claimants or others for obligations oldie Contractor that are unrelated to the Construction Contract, the Owner shall not he liable for the payment of any costs or expenses o1'any Claimant under this Bond,and shall have under this Bond no obligation to make payments to.or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change.including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No soil or action shall he commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(I)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall he mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be pertbnned.any provision in this Bond conflicting with said statutory or!era!requirement shall be deemed deleted herefrom and provisions conforming to such statutory nr other legal requirement shall he deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to he a potential beneficiary of this Bond.the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant: .2 the name of the person for whom the labor was done,or material,or equipment f trrished; .3 a copy of the agreement or purchase order pursuant to which labor.materials or equipment was furnished for use in the performance of the Construction Contract: .4 a brief description ot'the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials ur equipment furnished as atilt: date of the Claim. §16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall he to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract_architectural and engineering services required for performance of the work of the Contractor and the C'ontractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the_jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.'flee agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AMA Document IOU"'—2010 Payment Bond,Copyright®2010 by The American Institute or Architects.Alf rights reserved.WARNING:This AIA' Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA"Document or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To 3 report copyright violations of AIA Contract Documents,e-mail The American institute of Architects'legal counsel.copyrighifgaie.org §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 I f this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall he deemed to be Subcontractor and the term Owner shall he deemed to he Contractor. 418 Modifications to this bond are as follows: (.Space it provided below,/or uclditional signatures ro/uddet(puriie.s,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (('rnporwe Seal) Signature: Signature: Name and Title: Name and Title: Address Address lnit AIA Document A312,0-2010 Payment Bond.Copyrightei 2010 by The American Institute of Architects_Aa rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of It,may result In severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.To 4 report ecpyright violations of AIA Contract Documents,email The American Institute of Architects'legal counsel.copyrighleaia org. yA �d • AlA Document A31 QTM — 2010 Bid Bond CONTRACTOR: SURETY: (Name. legal slams and address) (.VaniE'. legal sunt.and principal place husinessl Excavation&Construction LLC nL berry Mutual Insurance Company 6601 Proctor Street Ext. 175 Berkeley St. This document has important legal Port Arthur,TX 77642 Boston, MA02116 consequences.Consultation with an attorney is encouraged with OWNER: respect to Its completion or (Name, legal,clubs and address/ modification. City of Port Arthur Any singular reference to 444 4th Street Contractor,Surety,Owner or Port Artur,TX 77640 other party shall be considered BOND AMOUNT: FIVE PERCENT(5%)of Total Amount Bid plural where applicable. PROJECT: (Name. location Or address, and 1'rnject number, if an,►•) Project Nmmbcr,if any: City of Port Arthur-Build Bus Stops For Transit Build new bus stops for city transit Various locations throughout City of Port Arthur,Tx The Contractor and Surety arc bound to the Ow mer in the amount set forth above. for the payment of which the Contractor and Surety hind themselves.their heirs.executors.administrators.successors and assigns.jointly and severally.as provided herein.'Mc conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents.or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)caters into a contract with the Owner in accordance with the terns of such bid.and gives such bond or bonds as may be specified in the bidding or Contract Documents.with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner. for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or(2)pays to the Owner the difference.not to exceed the amount of this Bond.between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work coycred by said bid.then this obligation shall be null and void.otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Ow rice and Contractor to extend the time in which the Ow mer may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents.and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty. (60)days. if this Bond is issued in connection with a subcontractor's hid to a Contractor. the tens Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to he Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project. any provision in this Bond conflicting w ith said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished.the intent is that this Bond shall be construed as a statutor\ bond and not as a common law bond. Signed and scaled this 8th day of May,2020 Excavation&Construction LLC (Seal)(l'l�l alS.! /Il7fnetay i.er /Le-- ('I isle) Liberty Mutual Insurance Company e9Ali �� � �_ i.�lireit•J• ^- i'� ` - — -_ ('eali (Witne0 Claudia Nunez 1' �� ink, ��-��Sean McCauley,Jr., / Attorney-In-Fad AIA Document AS101"—2010.Copyright 0 1963,1970 and 2010 by Taw Aminivan Instituto of Arch'nets.AN rights rev./yet. STATE OF TEXAS STATE BOARD OF INSURANCE Certificate No 2 01 ")} 'umipany No. o6-47970 CERTIFICATE OF AUTHORITY THIS IS TO CERTIFY THAT LPERTY MUTUAL rSURA?ICE COMPANY BCSTON, !.:A3SACi3176EZ^S has complied with the laws of the State of Texas applicable thereto and is hereby authorized to trans- act the business of Fire; Allied ':c'rerages; rail, growing crops only; Rain; Inland Marine; Ocean Marine;ne; Aircra=t--Liability and Physical Da;;age; Accident and Health;; ' orl:nen's Compensation and Employers ' Liabii'_ A• tomooile--Liability ani ?l ysical damage; Liability other than .. utor:c-ile; Fidelity ani :.;rety; Glass; Burglary and Theft; Forgery; Boiler and Machinery; Cred i,t; Livestock Reinsurance on all. lines except Life and Annuities insurance within the State of Texas. This Certificate of Authority shall be in full force and effect until it is revoked, canceled or suspended according to law. r.v.,1***' S' t )r � ,�w ( yt j IN TESTIMONY WHEREOF, witness my hand and seal of office at Austin, Texas, this 4u: day October A. D. =460 yli :? COMMISSIONER OF INSURANCE This Power of Attorney limits of those sene andherein, to ton extentheroin etno aauthority to IOW bind the Company exceptin the' i/ � Liberty Liberty Mutual Insurance Company Cert. ea No: 8202286-976311 • �� The Ohio Casualty Insurance Company �� Mu�ueLi West American Insurance Company SURETY POWER OF ATTORNEY Hampshire,that tion dulyorganized under the laws of the State offNew t wianHduly genized KNOWN ALLa PERSONS o THESE PRESENTS:Thatyn Ohio Casualty Insurance the StateComof s a coretshereby name Company is and appoint,�— Liberty Mutual Insurance Company is a corporation duly organized under the laws of the of Massachusetts,aMoerein set forth American Insurance Company under the laws of the State of Indiana(herein collectively called the'Compantas')Pursuant to end by Scan McCaule ,1r.,Claudia Nunez,all of the ci of Dallas,state of TX and Edward N.Hackett,Christine Maestri all of the city of Aliso deliver, e'o state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, ds, nces and other ance execute,seal,acknowledge and deliver,for and on its behalf as surety if they as its act and ha a been duldeed,gned by thet president and attested by the secretary of the surety Companiesen�heirnown proper of these presents and shall be as binding upon the Companies persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3rd day ofOce , 2019 Liberty Mutual Insurance Company Y INs hHSUR The Ohio Casualty Insurance Company a P�hNStl�4 ,P�oryPc�U VP�oaeoa�fR b� West American Insurance Company te J-• i' '''o Q is m m w 3 o to CII to N • 1912 o 0 1919eo 1991 �� r Oma/ 4n 7- V. r;Hutf`e.dL I,e4, AUP9 aak rs,�rtiotr,N��,�b BY: � a It 0ei7 s 0 4)f/. * �� M R David M.Cerny,Assistant Secretary a) c c 2 -T State of PENNSYLVANIA -v = County of MONTGOMERY Si Mu1Ual Insurance c rn a red David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Company, and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes=v � � On this 3rd day of October 2019 before me personalty PPeH �u o Company,The Ohio Casualty Company,and West American Insurance Company, £ m > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. r a) = IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. o c c-,..7,-, . . 17.:(''. . , commoawEALTH OF PENNSYLVANIAD, �O Notorur Scar cp �,• • Teresa Pastceu.Notary Puhuc , itte-114) e5 O , ()pox Merton Twp..Montgomery County By: o O�? My strn,E.mints March 28.2021 erase Pastella,Notary Public d r a• r6 µanis,Penmytvr Nsoaoeen o1 Neons ro t N t• o N O mat This Power of Attorney is made and executed pursuant an which resolutions are now in following effect reacting as fotlows:uthorizations of ho Ohio Casualty Insurance Company, latterly Mutual_ o,c Insurance Company,and West American Insurance Company .13 E ori ARTICLE IV-OFFICERS:Section 12.Power of Attorney. O N Ponena other oshall a e aCorporation ppoint such attorneys-in-fact,foas may be necessary in o actby(n behal of theChairman rCoorporati neto meltesexecute,seal,acknowledge nd deliver as surety > ro Presidentyad may prescribe,tigs ,r any and all undertakings,bonds,reoognlzances and other surety obligations.Such attomeys•In-fact,subject to the limitations set forth in their respective powers of attorney,shall r _ full have power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such , o o Z v c Instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or adcrney'in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,end subject to such limitations as the chairman o the president may prescribe, shall appoint such attorneys-In-fact,as may be necessary to act In behalf of the Company to make,execute,seal,acknowledge and deliver es surety any and all undertakings, bonds,recognizancos and other surety obligations.Such attorneys-In-fact subject to the limitations set forth In their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys•In- fact as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanicallysignature of anyassistant secretary of the reproduced Company,wherever appearing upon a certified copy of bny power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Onie Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing in a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. �(J IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ...1(-\5-11' -day of , 1Hsu ‘ hH3!/,q /SSV rNS/jp N R4 E� 7 'y'� o '9 t/aP r 'tom i�`- V ( °"° 'e�'� YJ2ve� R1�,O ym W�4O "O‘ii, _ v n 1912 r lc t �1919 W o 1991 0 By: .„4,... d,,,�',nn,s�ab 0 HA,,rs4•43 rS�No x", aa` Renee C.Uewellyn,Assistant Secretary ej7 + h� Hl . 0� M . /.-‘� LMS-12873 LMIC OCIC WAIL Multi Co_062018 ACC)REP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDYYY'I) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 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 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: PHONE FAX(A/C, (AJC,No Ex)'___,----- Not: E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC INSURER A: INSURED INSURERB: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR i ADDU SUeR, LTR TYPE OF INSURANCE INSR I'NVD� POLICY NUMBER M'POLICY EFF POLICY EXP { (MDD/YYYY) (MNVDO/YYYY)I LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ ■ I CLAIMS-MADE I I OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY_ S ■ GENERAL AGGREGATE S •GENL AGGREGATE LIMIT APP_UE7S PER. PRODUCTS•COMPIOP AGG S ( POUCY[ WI PJERCaT I 1 LOC AUTOMOBILE UABIUTY CUMBINEO SINGLE LIMI I (Ea accident) .ANY AUTO BOCILY INJLRY(Per person) S .ALL OWNED SCHEDULE BOOILY INJURY ) AUTOS DAUTOS (Per accident) S MI HIRED AUTOS NON-O `C PROPERTY DAMAGE AUTOS (Per ecooent) S UMBP-ELLALIAS I OCCUR EACH OCCURRENCE S EXCESS LAB CLAIMS-MADE AGGREGATE S _ E DOD I RETENTIONS I S WORKERS COMPENSATION WC STATU- LOTH-11 AND EMPLOYERS'LIABILITY Y N TOP, IIM'TS I I ER I ANY PROPR+ETOR/PARTNER/EXECUTNE E.L.EACH ACCIDENI T 5 OFFICEP.+MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE S d yes,descnoe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S i j l I ! DESCRIPTION OF OPERATIONS,LOCATIONS:VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION I a&ATA Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name,legal,stains and address) (Name,legal status and principal place of business) This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (\lame.legal status and address) modification. Arty singular reference to Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. [)ate: Amount: Description: (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: Modifications to:his Bond: 0 None 0 Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Cbntpan): (C'uryurale.Seal/ Com llpany: (t.'re porult.Seal) Signature: Signature:. Name Name and Title: and Title: (Any additional signatures appear an the last page of this Pet:fin-mance Bond.) (FOR INFORMATION ONLY. Name,edch•ecs and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect. Engineer nr other party':) Init. AI yDocument A312"'—2010 Performance Bond.Copyright et 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document. or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To report copyright violahors of AIA Contact Documents,e-mail Tne American Institute or Architects'legal counsel.copyrghtr aie.org. 061110 §1 The Contras:or and Surety,jointly and severally,bind themselves,their heirs,executors,administrators.successors and assigns to the Owner for the performance(tithe Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a wnfcrence as provided in Section 3. §3 If there is no Owner Default tender the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.lithe Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. IF the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree.the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any.subsequently to declare a Contractor Default: .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance oldie Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. 55 When the Owner has satisfied the conditions of-Section 1 the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract: §5.2 undertake to perform and complete the Construction Contract itself,through its agents or independent contractors: §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract Ibr performance and completion ofthe Construction Contract,arrange for a contract to he prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to he secured with pertormance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of'damages as descrihtxl in Section 7 in excess of the Balance oldie Contract Price incurred by the Owner as a result of the Contractor-Default;or §5.4 Waive its right to perform and complete;arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,us soon as practicable after the amount is determined,make payment to the Owner,or 2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to he in default on this Bond seven days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall he entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4.and the Owner refuses the payment or the Surety has denied liability.in whole or in part,without further notice the Owner shall be entitled to enfoee any remedy available to the Owner. Ala Document A312'"'-20W Performance Bond.Copyright IS 2010 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIAT Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe Document, or any portion of h,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To 2 report copyright violations of AIA Contract Documents.e-mail The American Institute of Architects'legal counsel.copyrightrgaia.crg. §7 (fate Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction ol'defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specilied in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 lithe Surety elects to act under Section 5.1.5.3 or 5.4.the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not he liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators.successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years alter a declaration of Contractor Default or within two years after the Contractor ceased working or within two years nficr the Surety refuses or fails to perform its obligations under this Bond.whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety.the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall he construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price,The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to rhe Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the C'ontrtctor under the Construction Contract. S 142 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement het ween a Contractor and subcontractor,the term Contractor in this Bond shall he deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. AIA Document A312'"—2010 Performance Bond.Copyright 20t0 by The American Institute of Architects All rights reserved.WARNING:Thle Init. Ale Document la protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AlAe Document 3 or any portion of it,may result in severe cleat and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To report copyright violations of AIA Contract Documents,email The American Institute of Architects'legal counsel,copyrightt�+ ia.org • §16 Modifications to this bond arc as follows: (Space is provided below fru-additional sil;nalarec of added panic., other than thaw appearing on the corer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (('ul-u;rafnSeal) Ctnnl)any. (('urpurate.Seal) Sig_nature: Signature: Name and Title: Name and Title: Address Address AMA Document A312'—2010 Performance Bond.Copyright C 2010 by The American Institute of Architects.All rights reserved.WARNING:This IniL AlA`Documentis protected by U.S.Copyright Law and International Treaties unauthorized reproduction or distribution of this AIA°Document, or any portion of It,may result in severe civil end criminal penalties,end will be prosecuted to the maximum extent possible under the law.To 4 report copyright v:olatons of AIA Contract Documents.e-mail The American Institute of Architects'legal counsel.copyright©aia.org. SECT ON + is House Bill 89 Verification I, EI', <- 6, 1 c_ttiC (Person name), the undersigned representative (hereafter referred to as "Representative") of C /0,1 LL C— - - - --_A (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. SIG ATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this - day of P\«_ t , 20; .'... rr . ,, �ll k'4'. rr I f `m- Notary Public ''''pr' ' ELIZABETH LEMOINE 9,'' en=Notary Public,State of Texas :: 'P= Comm. Expires 09-24-2023 ''.;PI;;os Notary ID 11746490 SECTION K NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and s 'mission of this bid proposal. Signature: Printed Name: Lr. 6 Title: /V\- Company: Date: 57 . 0 ( 2 J ;1 crf IcS� SUBSCRIBED and sworn to before me the undersigned authority by<" the G-V1, of, n 4 on behalf of said bidder. CD nS2"r"3-�°n , Notary Pu:lic in and for the State of Te, as ELIZABETH LEMOINE Notary Public,State of Texas My commission expires: 't n c Lta 3 y9r +v. Comm. Expires 09-24-2023 `,, Notary ID 11746490 SECTION L 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 u ersigned 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 ree 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. E--YC‘i LA fil)•-\ f 6.0.15 +rytie Gi'1 a C- 5-7Z.0 (20 Firm N me Date Aut orized Signature TitleI r yO 4',i 2Ogat i0 3 Name (please print) Telephone --rr' y I � c.._ .tree e LXc .,,,, L-,- , ,, .-,„ Email STATE: I2,' COUNTY: Jit+ sce, SUBSCRIBED AND SWORN to before me by the above named L.'-tG C 1 I c c' es- on this the &0 day of Mak-I , 20 a0 • `'",,,,, ELIZABETH LEMOINE 1 yla Tk4(.lt -Q°.: ;;,;Notary Public.State of Texas INolic =° := Comm.Expires 09.24-2023 ii '',.;;;,`,.` Notary ID 11746490 11 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL z_ j . SB 252 CHAPTER 2252 CERTIFICATION I, r. C c 1, r(` e• , the undersigned and representative of �Ccr./4'1'c>''l CU's S Yc_4f- 0`'1 (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. Name of Company Representative (Print) Signature of Company Representative -S1Z40 /ad Date SECTIO: - N r�az4. THURMAN BILL BARTIE,MAYOR 1J,��0, RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY CAL J.JONES •: �� ar THOMAS J.K1NLAw Illv t t VAL TIZENO r t Ir u CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas DBE DOCUMENT By signing this document the contractor is acknowledging that an 15% DBE participation will be provided in this contract. DBE Goal Established For The Contract: The Proposer shall make a good faith effort to subcontract the percentage of the dollar value of the total annual aggregate amount of the Contract as set forth in this contract, to certified DBE subcontractors (race conscious). Contracted Proposers shall submit reports, on forms provided or approved by PAT: (1) with each invoice, indicating the amount of the progress payment due to DBE firms; and (2) annual reports indicating the total aggregate amounts paid by PAT to the Proposer, and the amount and percentages of those payments which have been paid to individually identified DBE firms. The following will be done to make a good faith effort to hire a minority business(DBE). 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F .R. § 200.321 (b )(1 ). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.32 1 (b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. §200.321 (b )(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). ( _(printed name of signatory) Z (signature and date) ,� A ' F t.cl .q l _ Document G7047`t - 2000 Certificate of Substantial Completion PROJECT:(Name and udclre.s.$) PROJECT NUMBER: OWNER 0 CONTRACT FOR: ARCHITECT 0 CONTRACT DATE: CONTRACTOR 0 TO OWNER:(Name and address) TO CONTRACTOR:/Nome and arldre.s.r) FIELD 0 OTHER 0 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The Work performed under this Contract has been reviewed and found,to the Architect's best knowledge.information and belief,to be substantially complete.Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate,which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: ARCHITECT BY DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto.The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.Unless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will he the date of issuance of the final Certificate of Payment or the date of final payment. C'ust estimate of Work that is incomplete or defctaive: 5 The Contractor will complete or correct the Work on the list of items attached hereto within ( )days from the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at (lime)on (chile). OWNER BY DATE The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall be as follows: (Note:Owner's and Contractor's legal and insurance counsel should determine and re View insurance requirements and coverage.) AIA Document G704"-2000.Copyright 0 1963,1976,1992 and 2000 by The American Institute of Architects.AU rights reserved.WARNING:This AIA'Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA'Document, or any portion of n,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. Purchasers are permed to reproduce ten(10)copies of this document when conipieted.To report copyright violations of AIA Contract Documents.e-mail The American Institute of Architects'legal counsel.Copynehtoaia.org. .;S i - 3tAIADocument G705TM - 2001 List of Subcontractors PROJECT:(Name and addressl DATE: TO ARCHITECT:(Name and address) ARCHITECTS PROJECT NUMBER: FROM CONTRACTOR: (Name and Address) • CONTRACTOR'S PROJECT NUMBER: (List Subcontractors and others proposed to be employed on the above Project as required by the bidding documents.) Work/Firm Name Address/Phone Superintendent AlA Document G705ry—2001(formerly GB05T"—2001).Copyright Ci 2001 by The American Institute of Architects.All rights reserved.WARNING. This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AlA Contract Documents,e- mail The American Institute of Architects'legal counsel.copyrighttaia.org, a.,r„M;c+r -CITY OF PORT ARTHUR,TEXAS Ciny of e wrinrt rilitct ` — ADDENDUM NO. ONE (1) Mins April 30, 2020 BID FOR: BUILD BUS STOPS FOR TRANSIT The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. The location of the Non Mandatory Pre-bid is 322 Proctor Street. Email Clifton.williams@a,portarthurtx.gov for a Webex video conference invite if you do not want to attend in person. 2. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 20, 2020. (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, May 20, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 3. The drawings are attached. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ('440)4 Clift66rrii Williams, CPPB Purchasing Manager .4pinprawomf. .5720 / 2 � i�. attire of Proposer Date Clrr,o! -CITY OF PORT ARTHUR,TEXAS 1..`r,'' )4" '.— ADDENDUM NO.TWO (2) ort rthur Truro May 19,2020 BID FOR: BUILD BUS STOPS FOR TRANSIT The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Replace the bid sheet with the attached bid sheet. 2. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 27, 2020. (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, May 27, 2020 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 11 Clifton "i liams, CPPB Purchasing Manager /za ( Signa re of Proposer Date