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PR 21942: AMENDMENT TO JOB ORDER CONTRACT 20-1129
► Ic& Cc-15e il -t; i q 1/4V. () -) PORT*ARTHIIJR ONOMIC DEVELOPMENT CORPORATION INTEROFFICE MEMORANDUM Date: May 14,2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Floyd Batiste, CEO Port Arthur EDC RE: Amendment to Job Order Contract 20-1129 Per Resolution 20-053, SETEX Construction Corp and the Port Arthur Economic Development Corporation entered into an agreement for the Guaranteed Maximum Price contract for the partial completion of the building located at 549 4th Street as delineated in Exhibit"A"attached hereto. This GMP contract did not provide for the absolute completion of the building. Subsequently,council approved Job Order Contract 20-1129 (Phase II), which was not a GMP contract. The $1,600,000 was to complete the buildout of the first floor lease kitchen, classroom 200C,2nd floor restrooms, breakroom and the four(4) second floor flex classrooms as delineated in the document and plan attached hereto as Exhibit"B". The shaded areas on the plan show what was completed in Phase I. The white areas on the plan("white box") indicate what will be complete in Phase II. Due to the rising costs of materials in the construction industry, the Port Arthur Economic Development Corporation Board of Directors requested completion cost for the project from SETEX Construction. By amending Job Order Contract 20-1129 to include the additional $524,860.00, SETEX Construction has provided a Guaranteed Maximum Job Order Contract and no other monies may be requested by SETEX to complete the building. EXHIBIT "A" , , . ,, ,,. SETE FACILITIES&MAINTENANCE "'-- 'Strength in Construction' MairingAddress: LA License 54837 P.O.Box 20678 January 30, 2020 Beaumont, Texas 77720-0678 ES (409)842-8181 Port Arthur Economic Development Corporation IP (409)842-2274 501 Procter Street, Suite 100 25 setex©setexconstruction.com Port Arthur, Texas 77640 9 setexconstr ction.com Attn: Floyd Batiste General Contracting Project: "Center for Commercialization and Business Development" Construction Management Design-Build Job Order Contracting Mr. Batiste, Facilities Maintenance SETEX Construction Corp. is pleased to provide this GMP for your use. The Commercial information herewith is provided in accordance with section 2.2.3 of the executed AIA A133-2009 contract dated June 10, 2019 and includes the following Industrial documents: Government 2.2.3.1 List of Drawings, Specifications,Addenda, Conditions of the Contract Healthcare See Attachment A. infrastructure 2.2.3.2 Clarifications and Assumptions Corporate General Education 1. Costs associated with underground obstructions not shown in Performing Arts Construction Documents, unmarked by underground line locate services or private lines unmarked by the Owner are excluded. Historical 2. The Allowances are described below and noted on GMP Breakdown. 3. Construction Contingency of$150,000.00 included in GMP. Established 1990 SETE 114. FACILITIES&MAINTENANCE 'Strength kConstruction' General(continued) Marling Address: LA s 540.37 P.O.Box 20678 4. Costs associated with modifications required by the ADA review of 100% Beaumont Texas 77720-0678 Construction Documents 5. Maintenance and/or repairs of the existing Public Utilities. 0 (409)842-8181 (409)842-2274 6. GMP breakdown of itemized costs will be updated upon completion of the • setex@setexconstruction.cam buy-out phase. e setexconstrucaon.com General Contracting Division One—General Requirements • 01160-Job Sign to be one(1)-4'x8". Construction Management • 01410-Testing Laboratory Services by Owner. Design-Build • 01500-Temporary Power, Lighting, and Water are currently provided by Owner these costs are excluded from our GMP. Job Order Contracting • 01631 - Project Substitutions to be determined through buy out phase in review with Architect to meet GMP costs. Facilities Maintenance Commercial Division Two—Existing Conditions • 02070-Due to unknowns of the structural integrity of the existing exterior Industrial walls and supports, an allowance of$75,000 is included in the GMP for temporary shoring and supports. Government • 02281 -Termite control should be liquid treatment only—warranty is five Healthcare years from Substantial Completion date with option to renew annually after initial warranty expires. Product is Premise—75. Infrastructure • 02466-GMP costs excludes casing of Drilled Piers. Corporate • 02520.3.11 -Field Control Quality by a qualified independent testing and inspection agency to be provided by Owner. Education Division Three-Concrete Performing Arts • A2.00—Dated January 10, 2020"white box" area for future kitchen to be Historical left unfinished including slab area for future rough-in. Through-slab trenching for future plumbing and electrical extensions will receive a vapor barrier and seal slab to prevent moisture infiltration in the " white box" areas. Established 1990 SE TE FACILITIES&6tAINTEAIAIfcE "Strength in co,umutkx Division Four-Masonry Mailing Address: LA License 54937 P.O.Box 20678 • Masonry scope allows for four windows on Western exposure. Beaumont, Texas 77720-0678 el (409)842 818i Division Five-Metals • (409)842-2274 • Structural steel accounts for one (1) elevator - it excludes engineering • setex@setaxcor,s ruction.com liabilities, structural steel for folding partition and eight(8)window lintels. e setexconstructron.com • Exterior stair system provided as galvanized steel in lieu of Pre-Fabricated General Contracting Steel Stair System. • Railing system has an allowance set of$80,590.00 for a "to be selected' Construction Management stainless or aluminum system. Design-Build • Excludes engineer stamp from Steel Fabricator with the exception of connection details. Job Order Contracting • Detail 1/S1O only applies at locations of roof top units and the one (1) elevator. Facilities Maintenance Commercial Division Six-Carpentry • A monument stair case structure to be wood or steel framed. Industrial • Fiberglass reinforced rg paneling shall be standard product color to be Government selected by Architect. • Casework locations modified as shown on A2.00 and A2.01 dated Healthcare January 10, 2020. Infrastructure Division Seven—Thermal/Moisture Protection Corporate • GMP provides for one (1) elevator pit and surface-applied waterproofing on the interior face of the pit walls&floor. Education • Exterior wall insulation shall be 3' unfazed blanket insulation in lieu of Performing Arts foam. • Moisture mitigation coating per Note 8/S5 has an allowance set of Historical $30,000. • Fusion drill free frame system with Larson ACM material will be used. Established 1990 SETS FACILITIES&MAINTENANCE "SIlunglhi+ConstrucEsso" Division Seven—Thermal/Moisture Protection(continued) Maih'ng Address_ LA I 54437 P.O.Box 20678 • Samafil or Durolast roofing system will include one(1)layer of DensDeck. Beaumont, Texas 77720 06T8 (this excludes one (1)layer from drawing details) ® 009)842 8181 • Quantity of roofing walk pads has been adjusted to reduce the required ei (409)842-2274 quantity based upon the reduction in rooftop HVAC equipment per the a setex@setexconstroctian.aom reduced scope drawings. 0 0 setexconstruction.00m General Contracting Division Eight—Doors/Windows • Interior aluminum frames to be Type II clear anodized aluminum. Construction Management • Plastic laminate for doors is a standard WilsonArt wood grain and matte— Design-Build 60 texture. • Aluminum curtain wall and storefront finishes are based on clear Job Order Contracting anodized. • Finish hardware on exterior storefront doors shall match City of Port Arthur Facilities Maintenance requirements (upgrade). Commercial • Additional structural steel components beyond the specified manufactures engineered product capabilities. This is to be controlled by providing only Industrial products which work with the as-designed structure. Government • GMP provides for only four(4)windows on Western exposure. • An allowance for MEP service access doors is set at$4,000.00. Healthcare • GMP excludes coiling door at Courtyard 101A. Infrastructure Division Nine-Finishes Corporate • Excludes green rock in areas other than` vet°walls. • Walls shown to deck both sides at fire-rated, mechanical, electrical and Education elevator room walls only, sound walls will have only one side of drywall Performing Ads extend to deck. • Excludes curved ceiling panels in Lease Kitchen. Historical • Wall and ceiling layouts revised per A2.00 and A2.01 dated January 10, 2020. Established 1)90 SETEX A FACILITIES a MAINTENANCE 'Strength In Const,v ion" Division Nine—Finishes (continued) Mailing Address: LA License tl 54837 P.O.Box 20678 • Exposed structure and overhead MEP Components on second floor to be Beaumont, Texas 777200678 painted a standard color to be selected by Architect, this excludes MEP and IDF/MDF Rooms which are to remain unpainted. (409)842-8181 6 (409)842-2274 • GMP excludes painting of exposed mechanical,sprinkler piping, decking, o setex@setexconstruction.cam electrical, IDF& MDF components in the Mechanical, Electrical, IDF and setexconst uction.crom MDF rooms. General Contracting • Wall texture shall be similar to"orange peel" in lieu of Level 5 finish. • Refurbish existing terrazzo allowance set at 55,000.00. Construction Management Design-euiw Division Ten-Specialties • Exterior back-lit signage allowance is set at $2,500.00, interior room Job Order Contracting signage allowance set at$4,000.00 • GMP excludes marker and tack boards, operable partitions, and kitchen Facilities Maintenance lockers. Commercial • Robe hooks noted in Division 10800 were not found on Drawings and not included in GMP. Industrial Government Division Eleven -Equipment • All Division Eleven items by Owner. Healthcare Division Twelve -Furnishings Infrastructure • GMP excludes window shades, FF&E and site furnishings. Corporate • GMP is based on one(1) Big`A'fan. • GMP includes $30,000 allowance for Solid Surfaced Countertops in lieu Education of Quartz. Performing Ads Division Thirteen Historical • Not applicable. E; ih??si.r>>11 ) 8 . , . . SETE FACILITIES&MAINTEHAHCE 'Strength in Construction' Division Fourteen—Conveying Systems Marling Address: LA License 954937 P.O.Box 20678 • GMP includes$65,000 allowance for provision of one(1)Schindler Model Beaumont Texas 77720-0678 3100 elevator. ES (409)842-8181 110 (409)842-2274 Division Twenty-One—Fire Suppression t setex@satexconstruction.com • Provide new wet pipe and dry pipe fire sprinkler system with new backflow e setexoonstr ctioncam preventer. General Contracting • Excludes any wood coverage above ceilings, cleaning of pipe, underground supply line work, tap fees, fire hydrants or replace of alarm Construction Management valves. • Provide upright fire sprinkler heads in'white box'areas per drawings A2.00 and A2.01 dated January 10, 2020. Job Order Contracting Division Twenty-Two-Plumbing Facilities Maintenance • Revised plumbing layouts per A2.00 and A2.01 dated January 10, 2020. Commercial • Showers SH-1 and SH-2 shall be Delta in-wall shower valve in lieu of Surface Mount Bradley. industrial • Provides for one(1)elevator pump, separator, and associated piping. Government • Use non ASME tank in lieu of specified Expansion Tank ET-1. • Use manual flush valve in lieu of automatic sensor type for toilets, urinals, Healthcare and lavatories. infrastructure • GMP excludes water meter, tap,and fire line fees. • GMP excludes gas meter and service line to meter. Corporate Division Twenty Three—HVAC Education • Includes testing and balance of HVAC systems per Owners request. Performing Arts • HVAC modifications based on A2.00 and A2.01 dated January 10, 2020. • Kitchen Hoods,Supply Fans, Exhaust Fans and Roof curbs to be provided Historical by Owner installed by Contractor. • All RTUs&0/A Units are basis of Design(Daikin) • Condensate Drain Piping will be Soh 80 PVC on roof. • Delete ductwork and insulation on Kitchen Hoods 5 and 6. Est2bi,sire:1 199J :T; SETEX FACILITIES A MAINTENANCE "Strength in Construction' Division Twenty-Three—HVAC (continued) Mailing Address: to License I$4097 P.O.Box 20678 • Delete PAC-4 and associated ductwork, insulation, and appurtenances. Beaumont, Texas 77720-067e • Delete PAC-7 and associated ductwork, insulation, and appurtenances. 0 (409)842-8181 • Delete OA-1 associated ductwork, insulation,and appurtenances. • (409)842-2274 • Delete Combustion Air/Flue pipe for GWK-2. • setexc@setexoonstmction.com • Delete RV-4. is setexaons ion.com • Delete nine(9)VAV boxes associated with PAC-5 General Contracting • Delete fifteen (15)VAV boxes associated PAC-7 • delete ductwork for EF-3 and SF-3 Construction Management • PAC-5, OA-2, PAC-6, and EF-10 will be possibly resized per Engineers Design-Build review. Job Order Contracting Division Twenty-Six-Electrical Facilities Maintenance • GMP is based on a VE lighting and control package. • GMP is based on VE gear, subject to approval. Commercial • GMP is based on removing panels 2HE3,2LE3,3LE4,and their associated feeders from the scope of work. Industrial • The amounts are based on State& Local code wiring methods. Government • The amounts exclude any exterior pole or landscaping lights. • The amount is based on the service entrance wire furnished and installed Healthcare byEntergy. ergy. Infrastructure • GMP provides above ceiling stub ups where specifically shown on the electrical drawings. No conduit included above ceiling. Corporate • GMP is based on all fire alarm devices to be ceiling mount except for manual pull stations. Education • GMP exclude all Entergy charges. Performing Arts • Generator to be furnished, transported to project site, and set by others onto designed support structures. H►stoncel • GMP is based on transfer switch to be provided by Owner with generator. Add$15,000.00 if new transfer switch is needed. • GMP excludes provision of generator fuel tank and any associated work • GMP excludes 120v power to any HVAC dampers. Established 1990 SSETR FACILITIES& J4I "Strength in Construction" Meiling Address: LA License 154 P.O.Box 20678 Division Twenty-Six—Electrical(continued) Beaumont Texas 77720-0678 • GMP excludes roof wall grazing lighting shown on E-9(Alternate#1) el tl eat stet • GMP is based on a VE cord reel drops for kitchen, subject to approval to (409)842-2274 • Work that has been removed from the `white box" areas such as lighting, ;+t setex@setexcanstruchbn.com devices, HVAC power, and other associated work is subjected to approval setexconstruction.com per drawings A2.00 and A2.01 dated January 10, 2020. General Contracting Division Twenty-Seven-Communications Construction Management • Communication backbone, cabling,and AV to be provided and installed by Design-Build Owner. Job Order Contracting Division Twenty-Eight—Safety and Security • Access control systems has an allowance of$10,000.00. Facilities Maintenance • Fire alarm systems to meet Local and State code and may vary from Commercial current design and is based on the revised drawings A2.00 and A2.01 dated January 10, 2020. Industrial Division Thirty-One-Earthwork Government • See Division Two comments. Healthcare Division Thirty Two—Exterior Improvements Infrastructure • Existing parking lot to use asphalt overlay in lieu of total concrete replacement. GMP includes concrete replacement for areas removed for Corporate underground work identified on the drawings. Education • Landscaping, irrigation, and planting by Owner. Performing Arts Division Thirty-Three—Site Utilities • See Division Twenty-Two. Historical Established 1990 SETEX FACIIJTIEE b hMA1NTENANCE 'Strength in Construction' Maifurg Address: LA license it 54937 P.O.Box 20678 2.2.3.3 Guaranteed Maximum Price Beaumont, Texas 77720-0678 The Guaranteed Maximum Price for this project is: (409)842-8181 • (409)842-2274 Seven Million,Two Hundred Forty-Nine Thousand Nine Hundred Ninety-Nine • seter@setexconstwction.com Dollars and Eighty-Three Cents($7,249,999.83) g setexconstn ctior com (see Attachment B breakdown) General Contracting 2.2.3.4 Substantial Completion Construction Management Pending a Notice to Proceed date of March 1, 2020 the agreed upon Substantial Design-Build Completion Date for the Lamar State College—Port Arthur lease space is January 15,2021,the City of Port Arthur Emergency Operations Center on January 31,2021 Job Order Contracting and the remainder of the Building on February 15, 2021. Facilities Maintenance Should you have any questions for comments regarding this letter please contact Commercial me at your earliest convenience. industrial Respectfully . .itted, Government 7 Healthcare SETEX Construction Corp. Infrastructure Nathan Rivers President Corporate CC: PAEDC-George Davis,Krystie Villareal Education Architect's Studio-Alam Ferias SETEX-Todd Stinson,Jim Shell,Mau'Rissa Broussard.Office file Performing Arts Attachments: Historical Attachment A-Architect Studios-List of Drawings,specifications,addenda,conditions of the contract Attachment B-GMP Breakdown Accepted By:Floyd Batiste Date: Establisfred 1990 EXHIBIT "B" SETE �-■ FACILITIES 6 MAINTENANCE `Strength in Construction" April 21, 2021 Mailing Address: LA License#70090 P,O. Box 20678 Beaumont, Texas 77720-0678 Mr. Floyd Batiste Port Arthur Economic Development Corporation O (409)842-8181 501 Procter Street, Suite 100 $ (409)842-2274 Port Arthur, Texas 77640 setex@setexconstruction.com 9 setexconstruction.com Attn: Floyd Batiste General Contracting Project: COPA The Press Building TI Community Center for Business Development Construction Management Subject: Partial Phase II Buildout JOC#20-1129 "Guaranteed Maximum Price" Design-Build Dear Mr. Batiste, Job Order Contracting The following included attachment No.1 will serve as Setex Facilities&Maintenance "Guaranteed Maximum Price"for COPA-"The Press Building TI"partial buildout based Facilities Maintenance on Powers Brown Architecture confirmation documents dated February 1, 2021. As you are aware the entire construction industry has been under major material cost Commercial increases beginning last October 2020 and has continued the upward cost spiral the entire year to date (2021)which has impeded many construction projects being under Industrial immense budget pressures. In respect to the above,the previous$1,600,000 budget amount for Phase II will now Government cover complete Buildout of first floor lease kitchen, classroom 200c, 2"ct floor restrooms, breakroom and the four (4) second floor flex classrooms complete with Healthcare folding partitions. Infrastructure ADD OPTION No. 1 We are proposing to finish out the remainder of the complete second floor office Corporate spaces, conference room, hallways, etc. which also include completion of mechanical HV&AC systems ductwork, PAC#7 roof top NC equipment along with all electrical, Education fire alarm, plumbing and fire sprinklers as necessary for entire completion of the second floor per Powers Brown Architecture construction documents dated February 1, 2021 per attachment No. 2. Performing Arts The total cost for Option No_ 1 as stated above is the sum of FIVE HUNDRED Historical TWENTY-FOUR THOUSAND EIGHT HUNDRED SIXTY DOLLARS AND ZERO CENTS ......... ( $524,860.00) Based on an early May 2021 approval release date, we anticipate Phase II construction completion by end of September 2021. Beaumont Nacogdoches Part Arthur Established 1990 }*Y BETE FACILITIES&MAINTENANCE ;" "Strength in Construction" Mailing Address: LA License u 7Doso P.O. Box 20678 Beaumont, Texas 77720-0678 ® (409)842-8181 do (409)842-2274 Skk setex@setexconstruction.com • setexconstruction.com We trust the above meets with your approval and please advise us accordingly. Respectfully Submitted, General Contracting SETEX Facilities & Maintenance, LLC Construction Management Design-Build Job Order Contacting L Jim Shell Facilities Maintenance Project Estimator 20-1129 Commercial Cc:George Davis,Krystle Villareal Mulled PAEDC Nathan Rivers,Todd Stinson.Michael Waidley/SETEX Alan,Ferias/Powers Brown Industrial Government Healthcare Infrastructure Corporate Education Performing Arts Historical nFu OZe £triQ ( ®4?X-r 611,u I>_ ,1,9.ttl, Jo1 �TDIE ► 1♦ ,I,-3A �•O Nir'E�rtroiuli I Beaumont Nacogdoches Port AXhur 5 e#TA ® OA Established 1990 - _46 1 . 1 1 Z killii g ccI .3y. 0 = U a ® J I ' 1 Y:Ei o �:• i- 4 t ! FB b t : 2 P 1 1 g ig hIL } 8ya = `ng! aeJJR 1.1 .1 ,�l igP 1 ; 11;pgill i ;RI! 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A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO EXECUTE JOB ORDER AMENDMENT NO. 1 TO THE MASTER JOB ORDER CONTRACT WITH SETEX CONSTRUCTION CORP. FOR THE COMPLETION AND COMPLETE BUILD OUT OF THE BUILDING LOCATED AT 549 4111 STREET, PORT ARTHUR, TEXAS (THE PRESS BUILDING) AT A GUARANTEED MAXIMUM PRICE OF S524,860.00 FUNDING AVAILABLE IN ACCOUNT 307-80- 625-8512-00-10-00. PROJECT NO. ED0549. WHEREAS, on November 10, 2020, per Resolution No. 20-398 (attached hereto as Exhibit "A"), the City Council authorized the City of Port Arthur Economic Development Corporation to enter into Master Job Order Contact with SETEX Construction Corp. for the renovation and construction of Phase II of the former Port Arthur News Building ("The Press Building")located at 549 4th Street,as attached hereto as Exhibit"B";and WHEREAS, during construction it was determined that the cost of materials has substantially increased and the board of directors of the Port Arthur Economic Development Corporation desires to complete the building at 100%;and WHEREAS, SETEX Corp.has agreed to complete the building at 100%no later than the end of September 2021 at a cost not to exceed$524,860.00 as delineated in Exhibit"C" attached hereto; and WHEREAS, the Port Arthur Economic Development Corporation board of directors approved this job order amendment at its board meeting on May 20, 2021. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council approves Job Order Amendment No. 1 between the Port Arthur Economic Development Corporation and SETEX Construction as attached hereto as Exhibit"C". Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this day of A.D., 2021, at a Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor Councilmembers • NOES: Thurman Bartie,Mayor AfThST: Sherri Bellard,City Secretary APPROVED: Page 2 i Floyd Batist , PAED C 0 APPROVED AS TO FORM: Guy N. Goodson,PAEDC Attorney APPROVED AS TO FORM: p Valecia R. Tizeno,City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: f% K ndy Daniel, erim Finance Director Page 3 EXHIBIT "A" Page 4 r `) ( 1 P.R.No.21630 RESOLUTION NO.iaD l l/3/20 FB A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO MASTER A JOB ORDER CONTRACT WITH SETEX FACILITIES & LLC FOR PHASE II OF THE RENOVATION OF MAINTENANCE, BUILDING" (THE FORMER PORT AR BIDING),LOCATED AT 549 4TH STREET, TAN NEWS NOT TO EXCEED$1,600,000;FUNDG ABLEEIINOED ACCOUNT NO. 307-1601-591-82-00 WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to create an environment that promotes business, entrepreneurial and community development;and WHEREAS,the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") applied for and was awarded Economic Development Administration (EDA) funding under the 2018 Disaster Assistance Grant Funds to renovate the former Port Arthu r News Building located at 549 4th Street in Port Arthur, Texas to serve as a Center for Community and Business Development to be known as "The Press Building"; and WHEREAS,on July 16, 2.019 per Resolution No. 19-296, the City Council of the City Construction Service of Port Arthur authorized the PAEDC to enter into a Pre-Development Co s s Agreement with SETEX Facilities &Maintenance, LLC ("SETEX")for the renovation of the former Port Arthur News Building; and WHEREAS,on February 18,2020 per Resolution No. 20-053,the City Council of the City of Port Arthur authorized the PAEDC to enter into a Construction Manager Guarante ed Maximum Price Agreement with SETEX Facilities & Maintenance, LLC ("SETEX") for the addition and renovation of the former Port Arthur News Building at a cost not to exceed $7,249,999.83 (Phase I); and z!z . SCAN? ED WHEREAS, it is necessary to complete Phase II of the project; and WHEREAS, the City Council of the City of Port Arthur on September ep er 15, 2020 approved Ordinance No. 20-83 adopting the budget for the Corporation which allocated $1,000,000.00 towards the completion of the former Port Arthur News Building;and WAFREAS, the PAEDC Board of Directors at their Special Meeting on September 14, 2020 approved the request of proposal from SETEX for the complete build out of 549 4th Street; and WHEREAS, on October 9, 2020 the PAEDC Board of Directors and the 501 Procter Street Inc. Board of Directors held a joint Special Meeting; and 501 Procter Street Inc. Boa rd of Directors approved a granting of$600,000 to PAEDC for the completion of Phase II of the build out of 549 4th Street the Press Building; and WHEREAS,the PAEDC Board of Directors at their Regular Meeting of November 2, 2020 approved entering into a Job Order Contract with SETEX as shown in Exhibit "A" f or the completion of the build out of white box space and renovation of the former Port Arthur News Building at a Maximum Guarantied Price not to exceed $1,600,000.00. WHEREAS,Exhibit"B"to the Job Order Contract with SETEX is for the completion of the build out of white box space in the former Port Arthur News Building at a cost not to exceed $1,430,000.00; and WHEREAS,Exhibit "C"to the Job Order Contract with SETEX is for the installation of the second elevator for the former Port Arthur News Building at a cost not to exceed $170,00.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCII, OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council of the City of Port Arthur authorizes the PAEDC to enter into a Job Order Contract with SETEX to provide construction services(Phase II)for the completion of the build out of the white box space and the installation of a second elevator to the former Port Arthur News Building in an amount not to exceed$1,600,000.00. Sect 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. REM), ADOPTED AND APPROVED on this ja day of NhatilD., 2020,at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers - 614/4 NOES: • T. uman Bartle,Mayor ATTEST: r\n Sherri'Rellard, ity Secrets • f� APPROV -D: Floyd Bati ,PAE C EO APPROVE AS TO FORM; Guy—N. Goodson,PAEDC Attorney APPROVED AS TO FORM: Valecia R. y Attorney APPROVED AS TO AVAILABILITY OF FUNDS: ;0C Kandy Daniel, Inte 'm Finance Director . � y / / � � it Exh I . . n n ... ;1'.);1?-7ft;Itia4trIci,,4104*Nr.,..!;.,...,%:: • *.!*1-,tr .?-'•:::.,„,, t,.---z _ .?.. .,yft••• 0,-ilkt-.',''!..'13W,,,,--..'Y -'," .. .,.V•!14-4--,FT,,LSP-4A2.abP1'. , •.;-, -17,--i ..r..- .• i';-3---;„ ', Master Job Order Contract :, This Job OncierContract(To:Timor)is rnade by and be the City of Port Arthur Section 4A Economic fT•,..-Mi :4,74,;-,'41.•-•''W:, /1.7. _ -l''''?-4,,,,X-T.k, ::'".. Owe/Dement Corporation,a political subdivision of the Mate of Texas,whose main office addiese is 501 _,...t1.,-4,-;'.1„,.247',.13At*?: ...;.,i.I.7,‘.4..--, 4:;,,*•ei! Procter Street Suite 100,Port Arthur,Texas 77840.and SETIDC Fa citties&Maintenance,1.1C, vlose 41 ;IST,...,44,-zik,,, ,..•-4,-,.:%-ce:%;,•- ..47.1. liii..7%-ai,;1;-..:: main office address is 1E60 8 23 Street, Beaumont,Texas 77707 for Job Order Contracting Services. 14-'-"'"--P-',.;,,Icipt,- •- 4,4*- ,,":4.: .,..,,,. _.,,,, effective as of?"..7-:=-..!;.-.:;4•-41,11,. .mato. :.,,a i Ze..miror.=•7t-'!4'(.1:41r7.i•r..,,gr---, ,• ,,•"-.1tf' --_,-----, ....e. t -147'2.0ei l•-•*-r •-4 • 1'.' RECITALS c' ....,...,:ett-':!;• .."-I d::e%...,k4. Whereas,Owner ia in need ofjob order contracting services;and AP:g- '- 1 -,t.-A,.1•5'4. z,_--- *,,,!..dre`-r:.6.._1-• Whereas.this Contact is for the provision of job order contracting services,to be performed on a non- L tv,!,....,t.k.- '- ,,',i:--..-64,.,, ,1.', *,..,---tritz,lw,•:: exclusive Indefinite quantity basis,as re- - by Owner.In accorttance with ale terms Of this Contract - -4....4 - -.- --„, 4.k 'q ,-44...,?-, ::1:....--•i. 1 .:'„,,".-.,1 •Lis ,.,-,.' z.,,,,,;_t4ArvA.-,. . Whereas Contractor has been procured as a Job Om* Contractor vendor under Rains County '14.7,;:j,,,,„.-.c•r•II--,_t e, :•;; - , $r1.-.kf f,..:4"i, . .-• Department of Education(14CDE')Choice Partners Contract ar1204,171,1R-17,mai is avaRable to Owner !...i-,1',;,,,,... '‘"--,-::-.••::;.--, 1"ic-.74.4.4:, ,-;,, . throogh_the Choke Partners'Archaising cooperative as Perrratted by tiutichaller i•ChaPter 2269 of the ;..-74-7-*- ' •!..S.;•-'et:til1'444i;.1fr 2 7.1• ;•• Tens uovernment Code;and ,V-^,xf.r...-.1.1...,-.e' -.t:oh Whereas,Contractor represents that he has the knowledge,abffity,skate and resources to provide such ,,,,,, ,,,,,.' ,,:.1.4,,.;. ..,., ,-,:: •po..,+,11•• job order contracting servicei in accordance with the terms and requirements of this Contract ..,,,,,..:-LA' _• .,_,., ,• star. -,r '-',1,i'iv3., ''' f.,,.e.7:7. . - , •-.4-,.7.,-4_:'•!-.,„:".•-!".14.4. N NOW,THEREFORE,in consideration of the mutual covenants and conditions contained in_this Contract, ,' ,',0:r.,t,„----:„.•,it .• .;.4,;,.... the receipt and suifidency of which are hereby •acknowledged,Owner and Corrtractor inanding to be ir.%'!"--1...;-..,•• ;•-•--?•:-',;',-,i,,,,,*itiTe!,1-4'.?,z,ii•• 1021111Y baind,hereby agree as follows: ,--0,;•.• • , -.:. ,-.i...,.:-.•`•• , ,r.ci:=0.14104,.i.,1', 7-•;-• •- ----•,,,,:ire..- 7.','••-f ..-. !.._. • . - ,::, -,•ki••41,0- 4 ,,t0.4 - . L DEMOTIONS ,.;_,-_-' •.,.c-,•4._.:.1.1:,-.1A:44...i..,41,T, ps14.'4. :5:4tv:41,1.,A, A.:. 1.1 The term^Owner'means the Crly of PortArthur Section 4A Eoonomic_Deveicipment Corporal/0n r • ;,.f.::-?-1.7` * --•4:': ,r 1'fir..ti ' arid includes Owner's duty authorized representative,including any person apectoeliy authorized to act T: ,A!,k•'...'7,';‘, Lnegefor Owner by executing the Contract arid any modification thereto Owner's duties inelude ralmbtstraton :• -45",:i--.X,...L.iir.ta,ry,--,;titvi...'.‘ of the Contact, kidding the isateance of-lob Order(s)and rnocfriSoatiCrts and amassing progress; ' 4...,..7 ...,i,:;,-4 ,--- --,,r,"4z cil,b-tr;•1.;•,'" eeng and Petkdicelly reporting on such perforrnance and grOgteas during the staled PLOW Of .,:fir?!..,,SFF:N_„.."''%.003! Padormance,and frre3y Certifying as to the,acceptance of the Wei*in Its endrely or any portion thereat ', sk;v1,1-41.;,... ..~-f4ii,-.( as required by the Contract kl;MfActiesU 4,-,r'•,-.k.23?-.1::-,,t?,-.:.44- , .'2 i.- ;:4, :..,,,'2'..tL4!.::,Ailtp;;':.0(4.g,zi::1' :.,".• 12 The tam)'Contractor sheens SETS(Facilities&Maintenance,LLC and babes.. .Conbactora .....2ki.,,,-?179•::.•.".. „_..4.-V-,C,Z,r1,..:'i."1• ..1"", 1 senior mariner or its duly authorized reptesentaana inducting any person speoffically tamarind to act :,tif."4.'..!;3!".•-4140 , .EriL'f-';;••?..-Fiff:. . for Contractor by executing the Contract and any modifications thereto. Contractor's duties include e'l-1-‘,'•':1•,;A:zi.,•-7.7.;1:+;;;ri•f:'••-. ; i • • administration of the Contract and of of the Wort .::,,tNZ`:''•1'4‘0:1- t?-4,1•1A ..., • :44..i..il...i•-•.•:-.:., '..‘ .:-4:tn 5 n•..... ,.f.'• 1.3 The term•Con trecr as used here M mew ;the documents that form the agreement between „.....4,,,Nii.N;k0-15.74.tgi.-4=2,- •;!..44;;;;;;..-..,.!1---4.,:.• Owner and Contractor. The Contract contists of thic agreement. including its Willa and any - iiits,.:•54-k7;;I?irelz.1?-i-ttf".„ili:•-t'-ii• '''. Inotifications thereto,any Job Orderts)that rnay be issued,Choice Partners Ccraractif20/017MR17,w)d s-.„,,, :. ,-Ztlif.,.1,1Zi- ..7-so-,Cone ra:Mors ProPoSal submittal in response to the solicitation issued by ifCE/Choice Partners for '. .;.•"...F.'-.-7 •',..6-,...„ • .• Choice Partners Contract W20/017MR-17,which are fully IncorPorated herein for anY and all PurPoses. .1.,•5.-:;•*ii--.;;Iv.,;-1,11•11-Ai.•.-•-"•" .:-* ...ts,1',::(;.\•' •,i3...Y!•••••.' 1.4 The tem)"Subcontract-as 14ed he rian means any agreement Inducing pun:hate orders{other .:•„;I:A-4,4,1:it.i.'6'A!I.1-4,....1i i.,..-*lo than one inliolving en employer-employee relationship)entered into by Contractor ceiling for equipment ,$4.443V4•14-70"At;f4;:. . supplies or services required for Contract performance.Including any modifications thereto. 7:.:.2e:::ii.'il.....:.; •.'.'i,V.,4:1i.1.(.. ',i....- 1.5 The term 'lob order contracting' means maintenance. receir. alteration, renovation, '-'..:-'..y.i-ii4i0_1.:,•;,':r,.'•,--`..„1„5 y-TZ....'7.:...,..r,,s,.e:. rernediation or minor construction of a facility when the work is of a recurring nature but the cleaver),times, ..fit, - type and quantities of the work rewired are Indefinite. )-iki,-i•1 1.11„..".-;-•.wie ilfzc::,1..,•,,,. 7..-.,. ;;!; ,,,:::.'1:,21E -:••;!.44..:-.Triy.:i.;. .1: '.... -..• :,,,,•,, -. .„:?..,..:, ..,,,.,•_ ,..., • - . • •.i.,-..-,,,,.: .,.........1. 4:4,7,4,•- ).•:• ..,-•. ---.! --A...,',-,;.:;'7,:::,9;ili'i:..fl-filits.:!: -..:,:'..-'......-:.• ... !.:.• -, - ,..,..'-': .,...-.... :.: ... .' '•:'. T•.,....:-: 1--,:.' :, .r..'.. .- rill • 1.6 The term Job Order" means a specific written •`-� �'•: � • . . .Contractor hr Work to be performed under betmeen the Owner and the g' 'act,in the form of Attachment A hereto. •1.7 The term'Unit Price Guide'means the unit price book the a remere of Choice Partners Contract aI 1el7MR-17. specified by HCDElChoice Partners in y:•;••'` a: °'.i • toThe term'�Mtultipller• s ,-.ii.` ' ..:•• `R .i G Contractors award under Choice Partners ,the numerical required to a fed PU ''; . `f`f_ ii fi«(4t4'''"�'- Guide unit ooyer all of Contractors in 7t -17 which a it Jobappliedde to the tkln Price da,� r �f g " 1,9 performing Work of a Order. °�S` ,- ' are The term'Non-Pre-priced items'means the • .susceptibletrm'to u pricing Ong the pre-priced f Inthe Unit Pace at,Darts of a Job Order that .•.r t!; '• ;. ..i ,: •r 1.10 The tent'Work' i'rke Guide. � •.• t :'..' e oirg of ell things Proper,or Incidental'al to the work d in,reasonably related to,and necessary, +:� • - k whole or in part,and Includes 50 tabor, equired Contract and/or a Job i��por4in . supervision, materials,tools,resources, Order,why h -- r- i, • - tr nspor by Contractor to f, management,s operations, and performance its PrAmIta Insrnenee 7.,:.it;. ' r:'s:? •,;fi g; provided deftrac moons under this provided specific or to be `. u. . • ';- is ' requirements11 and further described in any Job Order, any sPecafic project r.: ,.', `R' term P :' '{g�K'"`� end went multiplierced Item means Predesaibed and pre pttced 'a , !:v f tasks based on a unit price guide ••! • •f,.,t. ` .; ':1.:• . II. TERRA OF A0 •• . }2.1 Temp: The initial term of this(�, ,..ct is �p� :'�. .•" • ' `.'41h •.'-.._•.:..t a;F_::�IdBt�.�. Owner exercise -(11)�iu-�^.',.optionsannd 6h�`� ♦ffective.. - • .•• :,,1 •• • er the Choice 6,,,��r s 6o (date)b exec �Q renewal for to i1t'�5• �i-, (date) tThiserms, Job rders rrw ed that dolor Is alit an eligible vertdora one-year Contract win remain In full force and effect y be ibeirg the ped at any lime during the term of this C ` 22Completion of Work In Performance of any Job Order issued by Owner. the oPlien to Wend the term of this Contract er P expiration of thany renewal period,as necessary for Contractor e Owner has Piste work on r approved by Owner III. AUTHORIZED CONTRACT SUM 8.1 Sum:7he maximum aggregate contract yrosr '_"�~ of each specifically authorized for� t one(1)sh Year term is b increased except Owner by Owner and Cow Order wilt be In a'Job m required by Texas change order to a Issue by coot amounts shall rr and Cordracter. As approve any Job Order that The Section t owners be required to authorize Job Orders for lesser Ada a required . Board of Trustees mayrequired e as requir by Meal Board policy. 3.2 No Mlntmum Amount ofi and no minimumrk:it is ar understood that Owner is under no�atbn to ract west any services irom service will be made by Owner on an as-n required under this re on scope of the work and its eost(s);detailed in a specific Job Corner. subject to future agreement on the IV. SPECIFICATIONS AND DRAWINGS • 4.1 Retention of Drawings:Contractor shall keep on the Work site a copy of any drawings spec fieations fore Job Order and sham at at/times give Owner a thereto.Any ng mentioned In the 2 . • n n . , ; , i 1 i . ..: ,•;, , .„(.. ..,•-; .......7....,, .; ..,4,--:i ,..44 as,-.1„:::‘,2...;; e.i .i1.. .,4.‘.;IVir•s'A;:i.:1"ertA.51.,,Ar?-•';;. ...:sn:.... ;::‘-.4:X12."W:fqr i.41-4, ,.,40:4VtAW:-:•::; ',„ WriA4:47'.Y.170,TiL ' .., ,,i.,;:-,t. ever!'descriPdon relating therero,as well as al copies of the foregoing rotating to the work dr 107 Part rr-.4:" . 1.1--„Af":4t1t;i ..tr°7,..„,, 'i ':-....„.;,1:‘,0••/,..:r."ti• thereof shail be the property of Ovmer and may be used by Owner Mthout any claim by Contractor for s".'••-•.."..& 'ir•—•:. r::,-• ' 'I` se.77;- ',.,11...-'4e;:-!•'' 1 additimal compensation,unless such material dwelt/pad by Coritractce does not resuit_in an Issued Job 4-',.;+ '' 7, fr--,. ,,,,•.'"' • Order. In such cases, Contractor War receive reasonable reimbursement for the oeveropment of soot) ,..'.•:;-, " Lr-- 1S:t'-- Vt",i.t.:7-'&7:::',.-• materials before Owner uses them in anymanner whatsoever.If Owner chooses not to use such materials i..-," „.A.,•..., ...,- ,y... _d*.. -. .-; and no Job Order was issued,Contractor Mall not be entitled to any eormensation by Ormer for any ,/. ..;_-•ii•.,`. --ti.'3X....':- ;tr,f. -le;,,Ilif.;,1.-';',/;j:4.:...o.•'• 4.4A exPernes incurred by Contactor for the preparation or development of any of said MaterialS,VitliCh 'e”: ..17,- includes any and all genera/overhead costs for preparation of the materials, r.-c .-'''rlakrAre .,' ' r ,.,,j9.i ?..:..If'• .' 7171.- ' '';•:1114.;7,i't 1.,, t,-; 44 ••1,•c ' VI. UATERUU-AND WORKlitmeme ''..,:,-,-.'7,...ettrt.,..:04,-;ii, ,ii,.' 150,?:;47,,,ot.1 • i,be by s Co s ....,:sp.f.-,-,. ...,.4:,,,r..,, 6.1 AN equipment material,and arddes the in the Work covered thintract shall be , , new and of the most reelable grade for the pupas*interacted.unless otherwise specifically provided in the .p.i.'14..•!•;,••::;;$:..•" • 2,474.14... Job Order References in the Job Ore:and/or its specifications to equipment material,snide,or patenrad. eri , ;„ ,e^...filaf0f;31, , Wig-1-1,„;0.•- process by treacle name make or catalog number Mail be regarded as estabrishing a standard of quality :Cif--4,-: . . " iA.a-i--Azii. and shall not be construed as limiting competition .:t2 ' - 1"- 1.1-et. ,:.›,•gt,::•-.-,::1- *k. • _%.,....?0..wy.l. .., ...4 5';'4,'P:. 6-2 Contraclor shall obtain Owner's paior written approval of Me machinery end mechanical and Ilt•-:;.-i, - . ..,,- 1 -7-i,--y a --,,...t."..4-.,,,i.• - other equlpnnent to be incorporated Into the Work When requesting approval,Contractor shall fumish to 1-, .-.'", " '. -1.,1'..c, 1...-741'''-‘,.,••-i,,,,- ',-,.:4•13.;;11,::- Owner in writing the name of the manufacturer,the model number,and other information concerning the k i i,.,„..,,. - „. . :„...vii_t:„...,:;,,N....:::::: : performnce capacrty,nature,and rating of the machnerY and mechanical and other=Moment When ,.. •..,,i A.V i.o i'E 74., .,;-,i)- 7':•'-',..';':, required by the Contract or by Owner.Contractor shail also obtain Owner's wroten approval of the material S tia .1,5, .,'"71.,tt,...• '.• ,.1.1._„.1''7.e*..;,‘:',4**. -:...,1*--;•i or articles which Contractor cortemplates imorponating into tie Work.When requesting approval,Job Ir. *t..; 1..:i....?,;/...?e,".,7o•••••"-'14"....''-,x--_,. -r...'...---/ ., ',-,714i.;.: Order Contractor shell provide full 1r/emotion concerning the mate or articles,Machinery,equipment f7;,ir,i;„ ,:•-,;.9,,i,,r,.„;. ..crollt-*"•°, 4;.51:..;;;-4''f;47i....1331.: rnateUat and articles that do not hara the required peor approval by Owner shall be instated or used at p":t„.....*.'`,...,.1"' ;•i":!-.ig..7'.'1•_„e. .5 ....__ttle Contractor's risk of subsequent reJection and Owner shall not be Vial*for any costs incurred by .•;',.., :likr.r,r7-,f iP'"14*).-7' .1.14ft....," rIcfacfor frit 8aid MachinerY.equiPment material,articles. 0 ooi‘'ile,-.!,te, ft .' at,4,--i4r;,,...owe , _.4...i.,- ,,,,1-';'•••,•..,,,•• . .w-- ...I: L.,.._..-• ..- I: •-••-•,,.. : .: . 1eeZ.•••.1f;-?' •••..i.' Va. .CONTRACTORI GENF_RAL RESPONS1BILMES ..;.,./.• ,- ic, .•`r ,....,,,,t.i.t...;:-.i.,,... 4-•'.o...:1'r lt,,I.....','.2,:i.F.,,,,,,,,,TAis 7.*,..-1-, 5::-..!t..;•:„,‘ •z-.1)...;,.t ,,,,s.A:,..;•?‘,:-,... -. 7.1 in General:Contractor agrees to provide general and specific job order cortrecting services on i it12,3,::4f2.4. .q, ...,.,..a.,--`11..-7,.;q't a per-project basis as requested by Owner in accordenaa with the terms of thla Contract Contractor shalt r r,s7.7..'013... -.--,..:ft ;7111.,•'4,4,.;:.4:.•-• furnish all of the materiels and perform an of the Work deserted in a Job Order Contractor shall do ,A,,,;zoll4;ift .7:"F'..riAl.:4*. ,. -.Ft*ii 1;;;;•,•41‘soii. ...-. everything required by this Contract the Job Order and any other requirements incorporated into this /4...-iirz;';',2f-•„3"43Kii...,:iia'',Y-i.tiiii,14.`;;ilii.-.•02°.;--;://: ; ageement or a spec Job Order by reference. ii,..,,m,,,,,,Pais 0-47:07_za p.,1 ,..$4,:. ,-';'. .i.:‘,-..•.:, .: ...vie,=.,_,,...„ ye,. ,,,,,,, ... ,-1.0 i...;:.if• . ,ifiAr 4it•r(`-kr;x4k:--.'i-ih./4.1.6i;i-J-J",414.'","•••• 72 Project Manager:Contract(shall manage and provide ad later and material necessary and .:--•-.,,y ..,-"• :',b4.. ••,.•;;.„-aiki.o l•'' 7:' .*44.,.•-4.4"....-9,.1.`Zti4 7, /. . ',...•'-" .•' MilittOrtabiy inferebie for the compete peitmance of the Work on any Mimi andror Job Order authorized .....,:io,k,'.-43....-*I.t.R-'1.4..-.:'''''' ‘. '''''•• .", . pursuant to this Contract F-..e,... NA.,•-t-ek.‘.... ....„ykapryi,/ -4-e-diti., . . , . i--'.:7.4.4.4.-..:•/-.7-...,-4-;?:.:•,,„/,ie,..:,z.e:. . ,. r.. ti, :--'..• ' L,..v...7....,....:4,• ,••.:sh•t 4 stk.ter-Vet ..-1:',/:-.1 r:•• .; • 7.3 Brandard of Care: Contractor agrees to use commercially reasonable best efforts, skill, 1,-".•zl 4-'',",1 i:e;,-.,..,;0,..1;:ira..1kkiirior.i (......z. •. ..;-.. judgment,and abilities to perform the Work detailed In the Job Order in an expeditious and timely roamer. tt-li.',1‘• ....e.f,":,?4,'- *":;.73.":'..!'i.,,,;.,?...,:31.4'F4'.1.,.....s.f'f'fif'!.4. :':'..•:' Coritractor shall at all times provide a sufficient number of queened, skilled persormel,who shall be a by Cont p'..,,,.--tir/•3-='':..'.';•':.?:•'' '-'1.."71:6" -.•'' '•••• upraised ractor. to ccereplish the Work Within the time limb set forth in the ob Order j . t..(,..- ,t." r.... 1.,-•••.,flo'••:-v•i,-.-i'o,f`',-..y-:..,.. ..‘ ' Contractor shall also be responsible for al damages to persons or procertY that odour as a mutt of .'I;..:_ttti.!•‘:•:.;•:1•• A; '..r.,-7..-.;-1'.'"•'':-.'?;;:.4;:`,1::.:-;. Contractor's fault or negligence,BM shall take proper safety and health precautions to protect the VV ork, 07.1;of ii-•-,'• Pitj::-.7f•i**4.,:•:19.,:.i.7, .... the vtorkars,the public.and the property clothes. All Work uncle(the Contract shell be performed in a i'.fr..-14:e`.l..-'4--;,!:,,-...;=;-:-A.7-.:4, -;,,;;.v.-'5....f.., skillful and workmantike manner.Contractor and an subcontractors shall maintain all required ticenses, <1:('•••-,;!-.'ir .....: .-. . certifications,permits.and any other doeumentation necessary to perform this Contract and all Wad .. ."--,. 11;!. .::::-- . . r.rf'..1 detailed in a Job Order. Uniess otherwise specified in a Job Order,Contractor strait be responsille for "ii., -.:.,,•,!.;::•:,•,-.;. -.„.: s •*;•: •. -. any required testing of materials prior to incorporation into the Work. i Itf-v-•/4- .-t•;,•of:: •• -'-.-- .." t i ''',. " •• • 7.4 Compliance with Laws:Contractor shall comply with all afiplicable federal stete,and Foca/ f...,A 1'4','4:'-:.'1,...fr'-':-•,?',.?1...7%.;,..,y,p.;.t.t:*.' . , '• ••• laws regulaons codes ordinances,orders and with those of any other body having A/n=500(10/1er the r;.Z14',.-1?4:.(. .,:i''.;:.'t.:,,,,:t'i.ti."5.N.,:.1...,tri'l•:. • ' .... project detailed in the Job Order Contractor shall comply with all state end local buikeng code t„..,•:if:pfix,p.-4..1.;:ix.-;7.•;•.Z,, -.7'.;''.14.4:- .1 •'• requirements unless othenvise specthcatly detailed in the Job Order Contraclor le required to adhera to .t,O•..-40_1:.44....k,..4?:..e.,14 :!..,7:-••,-;.../..;••,1•,::-•:•,,,,-;,;•.-- .'55,..1•-••`:i7..",1-: -.....-zi-'...ri-etK fc....11-• • ••,,. .-,-'• 4 f::-,E.",;."•• 416,,...rrzlt...-,11,_4-,- 4.,t2,-,:- -....,.::4,1.;.i.1.1%.:•'.." ••'• .;. 41rtk.”1-ia,'417"';.4'4-4-4.1-trve.2-,:'7_ •..•'-.4ii;:ltrUrlik:i.a..1%',%*4i•••*%k;'4i,,t.i.:,'•;,'•*- k "':` ..,. .:*4;iti'Vet-4....*:,i'f40,:c:r-',.:17tthrijt.2'elk 1,14:4•;!74...;*),:*,:;: . t • • •• .,,............... . . y ! 1 applicableri.....,...it: .,11.. all design standards state,and national design codes and n94riretrhenLa as well as Owner's construction M # ¢ �t;,� �3u�: • Existing Concetionst accuracy 7 and suitability Contractor shall use commercially reason best effortse 7 ' 3v tea faracbonc.ortractor uses for the Job ana led drawings, plans, sketches, y Ownerrhfornhation '� ' C,." � �$� -z y otter party,that e•' i x•}t ry : `3 " ,:'r,-,, • 7.6 Correction of Work: hall promptly or other additional cost orb any known or discovered error,omission,r n'.'.1 "T .� Y,I-_ E, expense t o Owner r 7.7 Phasing: Contractor Oak riot beyond any prey ,,� r` s c- t• a Prol+ed unless g: Coned by Owner in writing,except at the Proceedfly authorized phase of the Work far • ',,I.-.. } phases of the scope of work shell be the Job OrderPiContractor's own errands!risk Applicable 7.8 Representative:Contractor shall des? :r , Contact and a spedficJob Order. Thedesignated Work t primarily►esponsbbie for the Contractor vvith respect to designated require, behalfesentative shall act on of ; ' •under this of OJob Orde,which allPieMe a shall not bey changed required rir Oleid n teeny '; b -_ { approval shall not be uresesonabty withheld. eM1�tlOtrt prior written approval K_ 7J Documentatiorx Contractor shall fully document its project activities in drother op Order.Unless p{ the Job Order provided in theme proposal and co►Job Trill rokn at pl asecifications and other used by Contractor and itsshot/bear the cost of + performanceibursaC of theaWork. as consultants. the Contractor m of o specified in Ct a Job Order.r. Unless of construction etad in the Job Order, for Proper execution shelf andsecuns and pay for et 9ovemm fees, and J r, a Job Order, won of the Work loePectlons nay for the 7.10 Ccntractor shall be responsible for 1orJ Safely and Health Act of 1970 OS compliance with ail sat*ales and regulations ci the Federal Occupregilaational during the and Health of the Work ,ail tractor ll In state and brat laws,orpe anoea,and .come the measures that result from the acts of or Ownerdemrify omiselon of a for ties,p a 1: if any,agents,employees,and assigns end its failure to comply with such Contractor, safely rules and - VIII. JOS ORDER PROCEDURES I 8.1 Job Order Procedures = a. AtO is discretion,Owner will submit a Job Order Proposal Request to Contractor for !t the incevidual Pros) This. will include, at a minimhar, the following:project I Project Vile,name of manager,Owners customer town,the project architect and/or engi r,if point of protect if a Jtob Order engi requires neering architectural or engineering sen4ces that genersd description of the practice of [ n the Me project or designate en architect or meaningstooshell select prepare the construction documents for b. Upon receipt of the Job Order Proposal visit with the Owner's project manager.The site visit coeducted a shall t sdrrnutually a a site -- upon time,normaty not later than three(3)business days from the time of null i�on, i c. Otaing the site vielt,the blowing will be accomplished: , J 1. ro•constructon site inspection 2.Review and validate the description of work g • (---) •I ',...:41'4 ,li';;6..-:." .,,,,.i••.$;.4:.'-:.:.4,... .- : •sc:''t..4 .-4.1.:-.‘"::Z.4.121iTfi:;;;1.-;t?.'.$1::%,44‘.-i-.-4:fkrl.f.-7.***.l':...,11c;1(At ..."'... 8,---i,--:•,, Otx,_,*ii„,tV,,..,, 4.•r4a7..::,,,„..e,irrk,.-4:::.• . 4'1:'1P111=V;:r 4.44::•1,3tt:44114. 'i.',:..7.:. .. ..e,.r.:*t^c"':i.;Al. -ifi:f;l1f2-137.5.:t,.' .41.71:1-4". .2fr.,4 ,-;,443...tikif:::!. 3.13erelop draft detailed statement of work • .,:-.1,3,,,,Y,ii.!..1‘.f.',.i-' '-F,',:re.: .r.04.7c.,;i--,.:;r::':•-•:'• 4.Mark-up existing drawings to show required work(wren existing drawings am )•.'44:1.-...., ",;•,-,•iii.:i...,..Fitit- •••-•i...:-'..1.;:i(t..1...=;,..,-..;!=',--, readily available) ..,.,.r.i...„ .._ . • 441.10‘-ttio,‘ ;AAV 'v :fl.A..•' ,' 5 Discuss project with end-user customer,ensure prcposeci work meets their objecdves . ,,_"-.1",„,;;•_,...x-_;.- -..•,„.4-z:!;;;••Ii--...:.:f;:i:;1.-;:;%;:,7 8.Estelgish Contractors clue date for the Job Order Propose! r.tfrk" •-ir...nr•„•••••.i,i4f..b.T....f4„ws,f ,,..,Z :,. . . • 01,1i.', ... 41111;gikivi.As-)%illAc;.,1-1:k;:ii;.•, :.:., d. Contrador wilt keep adequate ntof the site visit,triciuding a before picture,in color, cf the conditions,and provide a copy to Owner followirg completion of the site visit t;;;r34,•„--.!.-4.47.1,4„.1,,• ,••.7..,...„.../..1.ii,•74•,::,,-.*047,4•"4-f.•;,..4-k,„..v,,t.,.,_,,,,,,6;,.._....,:. .,. ti-i.-44.' :=7.1:rii-r4..•-11.77.ve.fTr:li-:.•...•. '.. . . •— . • •••••• f'21,4-111. ...,,-K- 7.V. , fo. V tr.--t .!' • e. Contester shati aubrnit Contractoes Job Order Proposal within three(3)business days of i".:Z; •,,,,:••-,rarr•-.,•• : -.,.. •• . receipt of Owner's Job Order Proposal Request Contractors Job Order ProPosai shag ''‘1•;',74 .4f,f4,:il-r,- :t0:40C4••..,,-,•=i,.;:-.;:if. ': --' include the following: ir',.;•••i,:, ,,t,.-.::.......9_4V... 1.- ,-"?.:1,!!%.• , *: . ..p›..4,0.,:soki..:0,.;,A4-'''.."4,1V.,"i4f'^•''- i. A narrative description of Contraztors of of the projects scope of work; .7---.7s :.....-.• , .,,,.•tisyr.1-•;ii•--.S ,i';:i 3•.*% S.g.• . ti. A description of particuiar phases of the scope of the work; t" 4k.;--4.7,...47,4-(`-lav,41...;,:),-. i''.4...r4.t-. ..T4'"..• .• 1"3.3-6'.e.k..ri4V:r:dtViir'4''..:'.• Ili. A cost proposal detailing: . 1.41-;c:•1•;•••.,ri,k;11,54,.1---_,z`i-41::: -.',. .4,1„ii."1.:,,!-;',/',•-•-.. 1. the cost of the'pre-priced items as taken horn the unit Price glide(The cost 1,,ig-4-';, (i,4-.g.kcp....-4---,-/vit_‘,-1-r..., proposal for each Job Order should be based subsbinbally on the use of pre- F,,..a,.vitt-.5.7gt‘trigt,.1,4..:t.s..-;:s-,--,zzt. .r._il.:- ... creed items): 1-'*4M-t•itst -•---z•.i;="ki;14,,--.. . - - ... .i.,•;k4...-e44:,,..,,,i-•..,,,t,tee,11-. 2. the cost of any'non-oral:deed items(The propOsed_ cost of all non-pre-priced ;:5;,),•`7-4-,:;;');.•,rAt 7,.,1,:-.:7-lis-:;',,,i,•:.:"..4-,...til:;•-:.'. -.. items in the cost proposal shall in3iude all of G0fIt119010n wet items othenvise 1:::..;;"41:,;•;ii",:,....Z.1,-,4::.(A-...,c1.1(,•;.*",is- ',",..., : • included in the coefficient multiPfier used for Pre-Priced items. No=efficient ;4.'44 7e• - V l'i,i,i 1••.:" - mutlipber shell be wiled to non-pre-priced itemt r'' .•••--•::•;•',",V•7:`' •. egVt1;'(••: 4*•",-"..2''''...''Z.:- " -.0,-‘k:7•i••••,.%1,;'.., :'i'• 3. any other costs thatthe Contactor intends to charge to the Project(tiote that Vier •-.44'••,,ri.....,i...7"e.:1%4.,;.-,•.t.,..tt.f-,:;.A2r.. .-.:V costs include extraordinary costs that are unique to a specific project and not Dz.‘• .)-Z-P).--(..",:..".....„--"•YrEi'`. 't14;.?,:-,,`V.-,•?.:i• generally or reasonably included in the coefficient multiligiffi;ciTher costs may be kg' ',Art,iVi‘ii:i4:k1-1_} :k-. ..,,,,,r?;'. •k.: : added orgy if authorized or confineed in wng by Owner. Other costs may be ltf-t-;;;_r3- '" r'.4._."ril'7•-;•',:reVt•47:',..",•.• '• . calf:dated as a Itmro sum for theJob Order or on a'not to exceed'basis.); 6.„.„-serAtifrfT, 4..7r:kli,..,,,!r•:" '"."7"''.;' =4-';‘'.4,-141.41$'e$.444. 4. e statement that all Contraor fates overhead expenses and general conditions ,-,...._&..h.y,I.,rt •.1.e..i.•,...,,s........., •'..t., .-.. , are included in the cost proposal;and r.k.4.r.."(Itl."47t';:k4trt. tc.:it.ec"'•,.i..:.. • 5. slump sum fauns for performing the Work,if appropriate .•••"c ", ,. -.,..o.ti-Z.:"„r"ft,"- f,..N'S,Citi..!, IV A descripdon of all plans,specifications and otherdocumet Including construction t_17-;-;.•::::r•-,t•r••;',•• permts to be used by Contractor in the pedormarce Otte Wort ,r.',-.,s'-.)A,••• .7.4.;:;-,-i:i pii-...i,,7-:.....i4A..,!--?. -4.:1;%;•1;4.,..v1,4;:l.-,,.,„il .,,,,-,...4.4.1:. ,.,.... V. A proposed time schedule showing the sequence in Vihich Contractor proposes to 1..;1....a.-.N, ,. . .iiil.,&, -si.A.. ../.;-4';;,'• perform the Work and dates on yMich Contractor proposes to complete each phase ti.gt,-I•014.41.,....i;4.... ,s.'r".7i.V).."•?Az,.-•:4', ,..:! of the scope Otte work,including a pot:coed date to ccrnmence the Work end a ti:q7.0`.*ilk tiYief•trel 'sr...i•;-,.:(5if...i.T!..-.. .,'.: proposed competion date of the Job Omer. t......1.1 .,r.;es..., ,....?.l'....rri,:r...,:: .'.: :-.•.•• A li recluinXil by Owner Contractor must submi a schedule char,which may be a 15.srlrriff..:..............,.'...LI,....,,,t..,/,.::,1-:_f.,....,..;- .-.:• format computerized WhedUiVOr a PrOkVeRI dart i^a bar chart formai er"liftable 5";•-•...:, r'‘'.7,i.C;,....':•:•''..:•;:kr;is-1,_,A:`-'7"";.... t•••--;'"• scale to indicate appropriately the pen:enrage of Work scheduled for comp by t.•:.• 44,, .1:',-.:•':44:::',31?..t.g'....;.',"' "--;• lit any given date during the period.The scheduie chartif required must contain: -;-':•::----• '1"..."--e: f..`,.' ',..4.;':•:...'.! ;":.• '..•• a. A list of the different types of work actheas or work elements. De::.•:;:',4'.p.;, .:.:i ,rtra4,1.,-74; %, .i,...^-.:41...,'', 'O.*4''', 7-*•: r-., ,•, b. Show the rogicel dependencies dies)to Indicate what Work must be :•/,'Iti.,•-...7: v,..rtrilf.••.filtp.%..„ .-,-,tz.• ixoomplished before other Work can begin. i.::.i., 7‘.--,,,-: ....:c,.....,ty.,,i.,..., ;: i.. • c, Include proposed Stall and comptedon dates or time frames for r•-.• ...,, "2'•". 'ill!'7.•' .. ' ." .. each work activity or work element •!.; .r....;..i;.!-I d. Calculate the"weighting or relative worth each work activity or s.--pri•..- '.;.;••-' :, ;•. -'.";:'•"- • work elenterd is of the total prqiect either as a percentage or dollar amount. e. Proposed traffic control methods provkling all necessary traffic riti". ... ‘•;.:.i.•i,'t.••..,:,,i ' ". e;.-6-..,'');••,••;‘,"4...T ''1.g•Z•••..r." .4 control,such as street blockages,traffic cones,flagmen,etc. vii. Contractor's designated reonsse_ritative primarily responsible for the Work 01,-Ikee,..-...ei,i.''•,g.".-7,":1•tg••••.g. viii A list of all subcontractors who contractor proposes le use in the performance of the rtf.:-:.I. : ..::,..--; • .':- '7f. . Work; :414-.:•!; : t..i..;,. .,,,,..;?:"•....:.: . . br• Any quadcallons or condffjona amicable to the Job Order Prcposel ,.; ;and ."4-3,-"..• •?,•-c•Z ;•;;' ,. • .:'.•...,:;". ''.''',-::1 t:."24.••:.•;fiwk.$1-.; fire,74•-••;.,..:••:1;',•";:•;:A:zt:?,4-it'lirl, ;".k.. .i-4,.e..,:,,,k,•,„ •it---i..1,.A,,5,,,'47-,-if•tg it '.-A. . 6 c!..V.:..1"..7. ; r:gif'...i::::4''; .. ' Jk0..klr.is1:4°''..410t1414":1141';,7 ft.::?/.'..•.-'!./#4,4-49rig4"q'4101. A.'1.Cf %',:.....' aillf,,14‘...q-..4411#4.1:41114:4tie'llFt-- .'it...!.. '41.-i'',..Z.;.;;VF;V".:;:::•=1.2.t.:17i,*!4:411.14,i:f r:5.:11. ::.;;f ,_„... . .. _. .. tem) .:4.....,;.,...c.„,..„........ . .„,.,....„...„ ...,7. .. .„,...,....„,, -4e- e**-,4'a.': •-t---.14.4"-,.,.: if ,,.,.,....„iri...-,„••-•,,;--• •t,-.4%,,•!'"•'-•--.Y.',4;',,,,i• --:*-.' f After Contractor's submission of its Job Order Proposal,Chine?will review the Job Order •-:::"ri.-..t.1--*...,"-iti-;---., -;,';...4:_„4"-...E Vii.. - et:4='"__4.-", Proposal and either proceed to issuarce of a Job Order or schedule a time to review the '-,... .,.;,.,44-1!.r.,i'-'..j,.3.L'tr:,-;:::::.7"(1, - .t:I. %,c•:-f--•• Job Order ns.Proposal with Contractor and negotiate any changes, dartficaboris -it.,-/---- modificatio •••.. _ - z.. -, ,'-47,- ,, . ..,•_-4,,-,,-,;.T.c.: r..:".7•1:-,•:;-,, '''. :"_;::-/_,:•-•4".„'`;,4,--•••",no.„.-•••-',,,i-:----1,--•.',..!`"", gt Foilkwing the review of co,nb.actiy,Job order proposal,owner iiitiaii issue Job of.oei.in : • ,, , .._, ...„ .to Contr - Job -_,,_ writing,the form materially consiaterrt with Attachment A hereto_ ,incorporating any changes, i',, - `-,--,-- •- -*"-1::::- clarifications o r modifications actors Order Proposer made in the review t---- " '''' ' '' -:,'"'-''' process,and attaching the final Job Order Proposal as an exhibit t .- -- -' --- h. Once issued,the Job Order lea not to exceed contract amount for the Job Onier No One ,-- • --_, •--..rf.•'•'c,.7:- item veil be added to a Job Order because a fine item was excluded by Cordractor in 1:',' , , . '-' z -"- • • .:. Contractor's Job Order Proposal or draft or find Job Order,however the Owner shall , . • have no obligation to pay for goods or aervices contained in the Job Order Proposal that are not en:wider:I. i. Notice to Proceed;if a Commence Date is not stetted in the specific Job Order,Owner shall _•-"' - - ' _ -' --= i' -. _t Issue a written Notice to Proceed.The Notice to Proceed authorizes the Contractor to begin :-...."- t; --' * -• - ": • ' ---':,' the Work identified in the Job Order on the date fixed in the Notice to Proceed Upon the i •• -f. _ '' ' - '•• * • "- Commencement Date specified in the Job Order or Notice to Proceed Contractr is Ley ' • reStensible for the schectufing, quality control safely end all other aspects of the r; ' - ...- management of the project detailed in the Job Order.Owner may make periodic inspections ' • it " i . - , • of the job site to ensure compliance;however,quality control is uttimately the Contractors response:oily / Quality Assurance/Quality Control Plan: If requested by the Owner fie a particular Job Orditr Contractor shall submi,forDimer approval,a Duality AssuranceiOuady Control Plan r. ' - , - This plan should address all aspects equality controt including responsithey for eyrieance of wrk,dothsnenbstion, trend analyds corrective action and interfaoe with the thmer's Inspectors. f• . , . ': ' - k. Weldy Reports:Contractor is required to submit weeldy progress reports on each active Job Order electronically or in paper form to Owner at the end of each work week,tiMich shall ,i • ." include a current schedule. 1 . - ••• .• . I Schedule:Time is of the essence in rendering the services hereunder. The Job Order Men ^ - . ,. trctude a time schedule for each phase of the Work for the job Order,and Contractor agrees ; -, - —- - to perform ail cbipaVons and render services in accordance with the in the Job Order. In emergency or no -at ,derd situations,Owner may requia Cetractor to complete a Job Order on an expedited basis.An Job Orders ere to be completed within r,:' the timetines agreed to by Owner and Contractor as detailed in the Job Order. ECoritractor i,... , - • ' - -' falls behind the schedule detailed in the Job Order,Conttetior shad take steps necessary to 1, . : , • improve its progress,inducing those that may be reasoned);required by OWner. Wdhout t..; - . ' _ _'- ' --- . • additional cost to Owner Owner may require Contractor to increase the number of shifts. fl'• '' . ' • ''- -: * r' .'.' . overtime overatien,days of work,and/or the amount of construeron pant or equipment tr,,'•-: - ._ -, ..- • and to subnit for epp rovas any supplementary schedule or schedules in chart fonn as Owner deems necessary to demonstrate haw the approved rate of progress will be regained m.Emergency WOrk: Contractor will give top priority to any emergency work Owner may have and wit allocate at resources necessary to accomplish such work in accordance with i - .... • - - -- Owner's scheduie requirements IX OWNER'S RESPONSIBILITIES . . 9.1 Representative:Owner designates the Aiam Ferias,Powers Brown Architecture of Tees,LLC - - - ' • : . - or histher designee as its representative authorized to act in Owner's behalf with respect to the Job -r • . • . . - 7 r;.-:..;-..,.:_. .-.., - ' ' . • , ., -.';.'6,1*. .• f i • /ram i ii.v4.7•,•.•-••-:•:.,:--zb,."• „I.,.••.:.41•!..,I i;z:..4,.. ..,4,..i.: .,,,... p .,e rr iK 41...„. ▪ '. Order S. 3".e tr ',v r._+., fi l • .tip,,,,,.. ( 1 Contractor shalt coordinate its work sole) ; ,� Y through the cleat ��'r+ " � { , 9_2Or Special for designated eseMative' _'• ., c`,} "4 w3 3-J el.; ` t. em• s: 5s �''avefleble any relevantInformation:Unless otherwise detailed h or in the Job } ' p `� ` and pmpeflY ry easement,►led herein Order,wafer shall furnish ` ti7 AT, >r:�' warraddles or and other sped dab and conditions relevant and larlrlY wrists;ts;plant +" r+�%•�' ,: Owmer or by representations as to the accuracy a surtability of project Owner makes no .• ' ��-;• >:Y "' trrtoroadon provided to Contractor by :'� > `� r 9.3 Entry on Land:Owner shahr �'it 7e i a jq'. Contractor to perform its serves t Contractorthis Contra i n gaining entry to Owner's property as r>ece+ssery •i •a r "' r i 9.4 a x v�a:ti a r st. for Review of Work Owner will review the r';•r- .*• -`�'`- �J •-k s 1 Job Order.Owner(or Owners Architect/Engineer,Work in progress as appropriate.At the com .' ; ,i `�+T +cam '-C, it t eerro J is harder.O in accordance s the Owner will shall do_a walk through to ensure that the .. s`[ ' ^". ,' ,-�}i 7• `,0 awor°r butConorowner ffei ther trothno Work or anyoonfit � wertYrr ! Imo' 5 4. ":.. �,,�' iK' n ▪'.r ..: e>tist, IBa on or duty to investigate contract such faults,ocuments that Owner becomes U E r. .. •.• :5:(! •�. ,,••nor,. defects,orCDntfiCtS fi'T a , - J ;�'ri vr!.. • r+ 9.6 Thee for Reeporfee:Owner steal]famish tr —1. at r , '� r "approvals and decisions ri e> nee s information and services and shall render r"3.Y s'�' ..k ~,-. . c " P 1'▪. arid of the Work• r the orderly progress of Contractor's!services 7'"` '+ "� .' �' �4, K SITE INVESTIGATION AND ` Y k ,2 .U" TIONS AFFECTING THE WORK }i .' _' e ` `,,c-,*t a , 1uentractor's acknowledgement that 0 C s acceptance of a Job Order entered into pub to this ' ` - r Contractor has Taken satisfied itself location for the specific Job Order, reasonablyrtt min the ' Z_ r• '1-si f .. not limited to: to the general and local conditions which sari affect'theWork or F investigatedContractor has and aJ' r 3`?r r�a e i;, nsbre end coat.Including but r; • ��ti s -, .4•44/'.st a. Conditions b- The ev8ilab bearing upon transportation disposal,handing,andii.� . f�.t r§ >7 ,;` _ C. Uncertainties of f�'eAttlef. � '1C �,and row: storage ofmateriels: ' "asc��s- �� '•r' ,a,} i t • '. river Slaws,tides, y r+ d. Theme conformation and of the nwtl,sirrslar physical conditions et the life; `:_K - a., . f e. ernent and tedasea needed r r= ,� perfonnaract p misery to and during work .n sr q ar'�+t Trza..r.:. r„k 'C.-4: 1�0.22�,_._C�ontracta�ls a of a Job Order y. µ'_ 0 r 1 m ' �1 , 4. r `' van ,�1.t�8 arty pursuant to this Y{,� f reasonably surface and aaC OWied ace geMent r or Contractor has satisfied ibeli es to the character,quality and qt y onstitute !a :~'� • e r,ei ' - : : . : ascertainable weir as from the drawings ads,specifications made a part O t i Contract. _"^7 work done DY....'7far,as s to be encountered insofar aS this infomialion Is 4 �r kM+�{{ r irrr' q r i 10.9 �r COlYfSe<. 'I�y�.�,,'`r s>�r F��;�ti�a {4 t Furnished itiFb:Owner shall - si..' ,{It• :�f >4 toilet10.3ctlEbesfhaFurnis provide,at Contractor.wet s�.:S�f�S,tkc•'u.i; F' 1+ . and/or toilet (Waling and available at each site fir Work and�Y utilities and r ai„,I IF-, r,.,r l•%c t Propose): It is theradioing;e not and available,the coets for s shall bend Inthe cluded i the Order.Job Order r � : ,�s.r 9; + 0 X °s ,: ; adequate for the needs of the Job Contractor to determine the torterri to which Order _t r�,f::sL,.:# _ '�: !, +. Order. uhT�are ,: - r: i 10.4 r4sbestoa Certification i s :.7,`.�:;'_▪,,4,,;,.Yf: : for each Job Order.statingm no asbestos-containingequinid by fir'CD or shall provide a certification ,i4' r'.▪ds ;`s•kr , •,..',.? - scope statement Job Order.N materials or avrk is included within "• t'rtr s i; j ENS'a �- r: scopnotare the Job r Owner quirestating y Oar'Contractor shalt provide,at completion of the Job Order,a i F •r•;: .x , r i ,s1 t' r fimiished or added to the asbestos-containing meteriefs or work provided, �r...NN.,.,tinstalled, 4 r :•-fr.:,.:.R;,..t s,•...rat; ,'.. project was provided,installed, .f3'y,••.£ V.':i. 1'S • f 10.5 if required, Owner _f"t-.,',tr. ,.a fed•.Y••:, • Shall Provide a survey In accordance with tfeatji ? e Z• ' x ''r• L the Teims Asbestos P'4 Y f i,- tf Y Yks Cr :r7-r:ti i+.� r 8 ftt.,r,,p.-• .+- y ��:y�.• i x�f` r t� s+ y ', '� p i t•.: n Y. ems. F3'. . .....4. Protection Rules ;5 t ,' 5- x i a'�. Prot ctio he deems necessary ommencerrient to ensure �l Job Order. Contractor shaft take whatever _'-�"' = --`.� s • '_ subcontraczora,or their ass+ssa comply with this ate, suppliers, fabric, material men 4 '^,,..4 Order shall be ; certified as non-Asbestos Containing Building Ma2ert ent ��teri�s used one.fob zw "� ���. tf a flied as ads sfnxnbes os Conti and all di Corrh e a Cam•Contactor sing i re camp( with s s .z '_'� Drs and assigns: ' "�� a a. s OrdResponse T ' �_ � � y ' . b. Asbestos National EmissionResp eAct(AHEM--40 CFR 78388(7)): Xyr.-1 T""`.,' c_ '. v a� �' $1,N Standards far He Air PollutantsS ,a ,'- a ,, C. r Protectionexas Asbestos Heath r (NESNAP--EPA40CFR •• "'� �'`r-�` � i >Y"4-1 ,y•': 1,Ch.285C,Asbestos Health Protgn��RP--TeX Admire Code TMe 25,Part .Ji-rmac FS " " y �-_71 ; • Everysubcontractor shall provide a notarized sea that r ACt3M has been used,prwaded or left a , _ 'f ement an a Job Order.Contactor shall provide,in hard copy and electror;c form,all data t (MSDS)of al products used In the Job Order to the Texas , " t.- ►necessary of Health licensed inspector or Owners audited orDwill corned&Me rmatIon t of Haagh med r _ r finding no asbe in any of the p engineer, any, from tlx MSDS end 10.6 Differing Site Conditions: ' - give a written notice to Owner of Cyr shall promptly,and before the conditions are disturbed, � ` - rr ., a. Subsurface e or the latent physical conditions at the site which differ materially from those orrtraa or b. Unknown physicar conditions at Me site,of an unusual nature,which differ m Provided r encounteredthose ordlnanly ���y recogn¢ed as inherent in work of thecharacter s 10.7 k - _ Investigation by Owner Owner shag investigate ( notice.lithe eortr9Gorn do materially lifer and cause aease the site conditions promptly after receivin in Contractqs cost g the c Ordertime required for ified in performing writing of the Work,an equitableadds ` 1100.88 Equitable Adjustment No request by Contractor for en equitable ad if , der this Contractor Alicia shall be allowed unless Compactor has given the written notice request by Co final payment equltabte adjustment to the Job Order for differing site conditions shall be allowed if E payment under such Job Order. .•. t _ Xf. INSPECTION OF CONSTRUCTION AND OWNER'S ACCEPTANCE OF WORK 11.1 Contractor Inspection System:Contractor shall perform such inspectionsadequate r shall maintain as well as ensure that the Work called conforms to the JobOrder. and r a mai and complete n records and make them angst/ye to Owner.All work is subject to _ ensure strip o m Owner at all places and at all reasonable times before final Work to ptience with the terms of thewoe of the f: Contract and the Job Order. _ 11.2 Owner's Satisfaction:All Work performed under satisfaction of Owners C shall be representative assigned to the Job Order. to �.; performance under the Owner's decisions shall be f�aquestionndarcfing Contractor's Contract and Job Order,and such�Msdive shall decide all 11•3 Non-Conformance:Contractor shall,without charge,replace or correct Work found by Owner • not to conform to a Job Orders requirements,unless Owner consents,in writing,to accept the Work with . 1' an appropriate adjustment in contract price.Contractor shall promptly segregate aril nsmove rejected f material from the premises,if required by Owner. 9 r - ,47 i r r•3 Cr'• .j. ..,I,,• '.. 11.4 FaNwe to Conform:d Carr does1� , ► may: not promptly replace or correct - s'tg 3.'79 rejected Work,Owner ,n"f��j -•ir ,z-st',1 r �,. otherwise, ti a �r m tra contract or actor, replace or correct the Work and charge the _> `r} rt, s b. Terminate the Contractor for default upon seven(7)days written «x r ;• ° 7,• �- , +Z`"4 r Owner's notices �"'� 11.5 �dh':te defects is acceptance of Contractor's Work 5ha/1 not release Contractor r -` A•.- c �- 11.6 • ,1' a. Relieve Owner t and tests N any,ate for the sole benefit Owner and do t . .•J • , �fh' �r • b. Relieve Contractor of re for adequate quality control measures; i M i▪re • - ' ` {ram . :,:: r t c. material before actor damage tO a IOW Of the :-kyhe '�b .. ate` 2.:• jS . Constitute o imply acceptance;w y w?t °` '?r Sx Affect the continuing rights of Owner after i acceptance of the 4.4 X 11,7 oompJetSwork ,` '' QI�/G, requirement,presence Or absence�an p^�ru/' r not r eke _ •' �L�/i l without Owner's rm'tten ism w authorized to change any Contractor of tany f�treCt or Job r 3 ". ....��te • r/::•.. 17.8 Contractor shall promptly furnish, :,,, X t s ,1,,..- f , k ' ':-. without additional '{'' ,v. :. •r! ii^1 n. for performing such safe and t inspections'ad nddfrtieD, and required material `,fi ,,t > s' i ,L.F by reasonablyOwner needed maydone and tee as may be required r ^ . readyspecified by Contractor additiwml cost of inspection a test when Work is rot „ •. '. , o �r ry,Owner shaft fall rrnarc i tests for irispeceon or test,or doe in rior rejection�ke6 t r5 t � , " r 1-t r unnecessarily Y Work.Special,full size and and tests fit a manner that will not t,� �y �' � y` e+„`+ • m the Job Order shall be as described rs41 4 . 7Y', ' t ., r 11.9 ff,before �� i#°�•�, '+-$ �f ����'S�I.tr br acceptance of the entire Work, C.4-- 1 /��'". i / • and material for this f86k.If the foby removing it or tearing it out,Contractor,ufld n request,shall txo+►nptty furnish ell rtpc�sgyY facit6es,labor,es to examine already-corm:49W Work i,:, r• c 4: }.r., , A� ' and of fault at Contractor a its Subcontractors,`^^,u�;ior shall ive or����material � • 14'y�"-i . s��.Clt i,l.. satisfactoryan equitable adjustment for the.However.tithe Work is torrid to meet rem of r the examination i • ,.,� , j ,t,c t incrucgna, if additional services 'examination and n shell 1 '' i ,{` performance.completion of the thereby delayed e>Qerts period of time for � 'l+a'. t r M f , 11.10 Substantial Completion means r qi f'; r+`= ar .1 4� Wont,Work is ubsianti complete so that Owner on which the Work.w an agreed-upon portion of the * .. , "� �#" _'.> r • is suended f lterin Job Order occupy and use the Work a a portion thereof for its ^t �rt ,rF i, #k,, �`,tij� .z i f . completion and inspection. e 1 • ,�r -"Y+i ▪ r 8f1d1t as es t t Owner et nos c an b mistakes separately.cepted Acceptance shall be final and conclusive,P ept for latent �` �F 'r *� 7 . pracfidef la fraud,or Owner's rights under any `+{5'`, /Y a 11.11 Use end possession Prior to l;om y wartan(y or guarantee, �<r���'i�sziL���.�j,,��r�`�����+r or use any completed a pielian:Owner shall have the , f r•+ I I. ,r. a a L partially Work to take possession of 6t +. k., a� :e iri 1 work Owner shah furnish or Contractor a Oct Of part of the waft ✓abre taking pion of or using any i.•d �sA1 + c &^''41 . ' portions of the Work that Owner intends to tie pricks of to te performed or t owever,failure ct Owner1 r:`r°;+�'r '.�'q ' ` . :' '�' man ,� < c under Co�r this or the p�not Owner relieve Conti of responsibility for complying„ with.the terms of this f•���`' itte- r �"t:4,.: `i :i thoContract underct �.p •} C k Lit,-JI ,: t - .• Contract.ty for the loss of or damage has such = Of use shalt not trio deemed all 8ocept,�0e of L/� '7c N hit f � f ! Possession or use bypoak r stow or use, Contractor pshallossession be relievedof * ' r�{s f t r i Owner damage to the Work resulting from Owners po ion or use Hz r y>$ `n• delays the progress of the Wok or causes priortor, -T ': a :f„ F •additional expense to tOr, �M� i•�>*1cy, � io S3•yk.g, ,, .t,L r •,f'� '. t°!e.' '1 r y Y L 1 -; ,eta=, - q,4'"j ,.�z� .�i y.;' ,1 {sue y s•,. s 54 ,I ,E• r • ' 4. , x � and such— or delays are 41 aWe..c' k', !! and such a cpen beadequately documented and substantiated by Contractor en ` ,- j :' ^�""ray'` L , y made in the Job Order price arid/or the period of performance,and the equitable � ?i ' j shag t nt shall writing i7N- Job order � 3 4 '�,r+��".•��""�`tt'•3 s' 11.12 Close-Out Documentation: Contractor shag 11.12A!, -. .- nfa6on: provide the following as part of the close-out _ '�' �q . ti b. submitted with closer a. An electronic file of all documentation specific to every Job order project shell be � ' 'c ••" + °�F AR ferns below must be included with the final payment documentation of the • "' � Y , 1) Owner's Manucl(s) project,as #w f ' ,old g x .as �. ,� 2) MSDs r . °< 3) Strbm,ttals{t x Paint colors, eQ a ,. Warr,9ntiers suppfias,and , t iC "Y'•, A 5) Concilaorrat Lien Release w »1 `s {' 3 z 8) Copies of all applicable permits,licenses,and/or other T ' &`` , �rlr x-'+ r: c. �Con}r> or shall be any!all regulatory documents. 4• s r ,': s a,, required to submit•, any pfoject upon request by the Director of documentation that is related f � " `p- 'it' t XIL PROTECTION OF 8 ; w 1T1 •v) . Yc ;�- EIftSTW(;VEGETATION, •IMIPROVF •TRAFFIC CONTROLTF�lC7URE8.tm `i;: 12.1 Preservation: t`L•'�,` (such as trees,enrubs, r'shall preserve and 1>r aQ structures,agtripma,>i and vege�pan(eudmas not »)on or adjacent to the Job Order site,which Is not to be remove tress y Interfere.with the Work required under the Job Order. remould and that will remain In spec/fleetly authorized by Owner to do so,and shag avoid damaging A place.If any limbs or branches titles are brolcen during performanceof equipment,or by Contractor shag trim those limbs or ' cut with a tree pruning compound as drented by Owner. witha sit and paintin f j 122 Existing made known to �improvements: v rrrsi e endproperty from third Manage all the rp improvements trxxgtiong f { utilities at or those that Property d should be known off third parties,rung fromfailureirepairthose 4 which n Contrscof this Cot oor a Jobbuses to r Order ir ofailure to comae reasonable �"� ng the Work. If r Performed and-Margo the cost to Contractor.damage p�nPdy, may have the rneoeaeary repair work as street blockages,12.3 Traffic Control: Contractor shall be responsible for providng all necessary traffic methods shall c se en,a c.,fa aged for each Job Orr .P roPoseoldcontrol,su traffic ch approval in Cor>aaru0r s Job Order Propnsel, XNL - CLEANING UP AND REFUSE DISPOSAL 13.1 Contractor shall at all times keep the Job Order site,accumulations of waste materials.Before completing the work, including storage free from any rubbish,tools,scaffolding equipment, and Contractor thesha propertyefromOwner.premises mr c T pleting the Work,Cs land are not the of Upon ' Contractor shag be Contractor shall leave the site Jr a des„ of any and gable for all corgi refuse � removal their from the si eon Dispose/ army hazardous materials not addressed and priced in the Job case.enadjustmenty Owner u requires Contractor to dispose of the materials,i n equitable Owners trash miners for any reason r+�oftated the price will be and agreed upon Contractor shall not use 11 l _ . . er.-#1 rfti ;v.,. ,//11,--1,-.4-fZ!,it‘‘,....:44i::;:1--' '', • '142 .r.figt; ,,I-5".ltt4V•i:fA7",:• -'''- •,,Z''-.-1-•-' .!f;:-.9riIkei,o'V`INt . '' • : 7..,* : j?...W " 11`;.L.,.. . .-A- rp,,,..z14.1f. ri... 4,-...,,. .,, : ::„.... 74%.:'-': ..:0-4e,ri'":1.-i.:...'1:'... ..,;,...,1,. .1:.,1 . XIV. WARRANTY OF CONSTRUCTiON in ,r44.43,,s 4t4-.%.:--t,..kx, , , ,,,. , , •ivf.,,,,;.-; 14.1 Warranty in addition to any other warranties specified in any Job Orders.Contractor warrants, :i*k•., ,..A.e" . .. ,L:•;•11`.. for the rriaximum period allowed by law,arid except as othenvise specifically provided herein,that Work o.....,......v,-- ri: 4,... 4- .` performed conforms to the Job Order and is free of any defect in equipment,material or design furnshed, ttit-', If _,,-.1k0..P Voir... I'Lt. or workroarialliP Performed by Contractor or any of its subcontractors or suppfiers at any tier. The ' c.,14. .r` v'''''''1•* 1' -- ' .-.*•**,•:••••• Contractor shall be obligated to repair or repace any defective or non-corrforrnirg Work for a period of ,,,Fti - ?''''.6'.4 'L,A-'7...;7- 71kr:. one(1)year from the date of final acceptance of the Work.ff Owner takes posaesaion al any pan of tee ri';-,p'':.,„,,,- ',...- T,„ Z,,... - *r ;i11-; Work before final axeptance,this one(1)year otirrecfion period shall coranue fore period Of one(1) t.-,--,?..,tei......o.4 .,„ -;.`'7-4.- 0-- -::•7..5- 1:,'(...:.: ' year from the dale possession is taken ii--7. '-.:=•: .1.---.:z:.,•,,- ,.. _, 4-:-..1 -„,,• .k.r: ,-"''....ifet.„-...., '...,;,....„1-,14,1,Al..;,,-0,i•s":-.-, 14.2 Non-Conforrnance:Contractor shalt remedy,at Contractor's sole expense,any failure of the ti-:'•.',.. • '. ,...;. "--fteu --,..‘1:,7-''''-•,'...-:::- --1S1',„,/fi:-.•if. Work to conform to the Job Order.or any Oonsjution defect occurring during the warranty period.In f, "..•••.. L..;•-- --i-.. %VI".-4.-:?!..,-:, -!,•.•.41,.'":•: ad ,the Contractor shall remedy at Contractors expense,any damage to Ovrneris real or personal :.-'''' -;: •i. '•;, i•- . •.- property,when that damage is the resutt of: , "-;. ".-,`,"1--r:r•;-..,7-y ,;.--„,•,„... ..-,•„,,7,,,...„.., a. Connctor's failure to conform to requirements in this Contract or the Job Order or r: -. •_, !, =.•'-'..". '• :., !,.., -. - • -I.,•'.-. b. Any defect of equipmerd material,workmanship.or design furnished by the Contractor, s','.... •.,--. i-.••• '"-: 4‘4%, 1 , , , . , _ _ ,., , . • , If Conker:tor.after notice, fails to proceed promptiy and remedy the problem widen thirty(30)calendar 1-•-'': .-:. : `7-:"..--.•:,,,,.-- •-•-: 1. ".- •,'''' . days or within another period of time which has been agreed to in writing, in compliance with the ; .: '..:-'. ..,-,.,, -=;,.. ':', .-•--..•.,.:::A -- .".....-.:,.' . terms of the warranty Owner may have the defects corrected and the Contractor and its surety shall be .-,..-_:-.-'' - liaba for MI expenses incwred. I.-'.. -....•.: - , .....:.... . ...i .:,......,.. ,,, -.,. . .._ . ,..,..-- - --,(4'z---,, 14.3 Restoration:Contractor shalt restore any work damaged in fulfilling the terms and cox:liana of :, . . '-5 ' ,: --,: - - --'?,,,...:0->i•,?...i,, this Section.Contractor's warranty vnIti respect to work repaired or repaced will run for one(1)Year from '•. '..-.7:--- - .!•...• ,,.. "'...••‘..'41-,...,.''fr,c-.4,4.'.'-'LL;;' the date ar repair or replacement Owner shell notify Cotractor In wrtfing,within a reasonable time after 7-.:„., •• .- - • : , -..-,-., the discovery of any failure,defect,or damage.if Cordractor falls b remedy any failure,defect or damage i.-1:_`;*'.''', -' . ,-:titTa,,,..a.,:. • ;'''P,.'.:''.7'.:',',:.4i,': within a reasonable tine after receipt of notice,Owner shall have the right to replace,repair,or otherwise 1:.::7-. . - --;,..- ,.,_ , _,.., ,..„c,-.7r, ri•-:-. ,• remedy the failuns,defect or damage at Contractor's expense,and Contractor shalt be fable to owner for ,:-. .:... -4.4 '7'. ...4,7$4..- li,'' ','Z't3;''': [ any damages sustained by Owner as a reauft of the failure defect,or damage. ..„-.:.4.,.....!•-• - ;41.!:,.., . ,i- ,....47.412...1,..•-...."'s..t,,r.V.it:'1;., *f..-.'i ,-17.---....a,k41:;1*-_..r,.•i&a,,,,i&-!:•?-4'lt, .;."*,r,‘: i-,,,,-„„..-.,•94-0-k.:--1;-ent,,,, it.,.e.:.. 14.4 Third-Party Warranties: INIth respect to at warranties, expressed Cr hared, from -r4;----11.•:;,:. ,4-...xc‘...•-i-,-‘,0,?.... ,... subcontractors,manufacturers.or suppliers for v•iork performed and materials furnished for Job Orders 'ilt--4-,i '''-'..4;.•:-.,, , .,...,..-4t,....1**2 ,147,-.i. Issued under this Contract Contractor shall: elv'"'--,;.--9....tsi .(i.---:,-1.i7.----7.-----:=1,---, --. ,:-.0.,- A, •-q?-•-•'•,2••,`--. ;,-. .2,-5.,..c.:N.z:4'.'r pr...:?"y,;,..3...•,-;,%0-,t,0/.- ....,),....„.1-1%.',..4.7.0•. . a Obtain all warranties required by the Job Order; f4."1,,t.,._,.,. , P-si t, . ....<.w. ..-..- • r b. Require ail warranties to be executed,In writinit tor the benefit of Owner;and .,-. ....te..-Ais -,e....6-L-Irp-,.!:i•e»ficti..- ,1.-,Izi.,:-...,,,e).n-.-- c. Errforce all warrenftes for the benefit of Owner- frg•-ii-va's.:.Kii.,,-$.!tg..z.;--.' r.,t :,"..f...'-...,41...:,,.:1. ...4,-.,r .. e'..-.' irccia—s,..,_.‘,•-;;'--.,..,,,,,..... • ... . .,,;:s. s , ,,,,,,,,,ce.,,,,K.-s,.:* L 4,11.411s4r1-.4!•-:.vs.,..mr.,0.,- .:;...f,,..-,-„*,_.-4 r,... 14.5 Warranty Expiration:in the event Contractor's warranty under paragraph 14.1 of this Arlide ,. ---1.100:1,,-. .D., -4'.;,...v,,,-,._.:-. 1-1.„,,yrx•4•,''.;,•1;o1:.Z. has expired,Owner may bring suit to enforce a subcontractor's,manufacturers.or supplier's warranty ;_,..1.t.iA,..4•1•?,?:it W,..?"4.0i:Ifit..f-,.?,•il,3.--•-i!i•'...1.•.'.:,• r.;,--t,-c,,,,,--ati-cf.,;- :, - ti,,,,:i-:sp--_,.-.."7:•-!,:i-•,..,1:-.., i 14.6 Owner Uability:Unless a defect is caused by the negligence or intentional act or fsdiure to act tc,.:,•.,,c-il.,..:1•:„‘,,,11.,ult.f.,‘.-4. •4 ,73,:;•,..):-•:r_d of Contractor or subcontractor or supplier at any tier,Contractor shall not be Sable far the repair of any j' t,.0,•%A.,tt-:.V.:1,41'..'..,-'-;,,T;r;,70).A',;.% '..,1 defects of material or design furnished by Owner Cr for the repair of any damage which results from any el....z.'At-7.,i,i;i„-1,F-1,...,Vit;•.4.,:•.-..o.,74.1f-If:,-;?,ti- 11....i-, defect in Owner-furnished material or design.Contractor is not responsible for and does not warrardy pre- is-,,,i1:14!!..'•43.i'A',1iii;IV.c.i .4.,,-7..?,..WAT„i „•.:.;' existing work or facilities that may be assigned to Connector except as stated in the Job Order. :':P4fV.1:4-!-1AVI' ffi 5. If•isriAi. trk-a-)•'''fra''-'1: 1, :-.-1:,:V.-J,•10.•itx.,11 r4, 'Ir.g•1'';ri-,.-1•i•••• 'i 14.7 This warranty shall not limit Owner's rights under this Contract andror applicable law with respect iii.. ;$.4:-,e.r.....44...tfri.i...,,....;re.s,,,,.!:,.....-,•-•-.i: r.g.b." k-,./474''' , tot atent defects,gross mistakes,breach of contract or fraud. 47.. • :„.1-.0 ,, , P.-.,-la*•!, :::.•". . ,., tieti7,1::.4‘;,'N.44.7lit ..,*•-••1.:. .:-, .- *;'"' t ..24.-YIPSA*Wridl , '•1:-'l-- XV. PAYMENT ,..1-,•i:-.• ,•,,,,...,v,„,.2.h.,.,...:::sr,t'.i...1-4:,,,,,, r•:', .q.c..:•.•-rS..ei,n,..-:,:iftig,:r..i,:iiiy..;,,gi.i.j.kri...1.4,4...,.,p-:..$4.1r.•: --4- 1,r;,:.t.-.,v4..,e,..re,i,Eigaz:s-i.rrl f,('',,r.,"' ... 1-.,:'-',14.1,:j_47&,/ 1ilz..! 12 ..,.. n Compensation. 5. } • .11 15.1 '•� Y �)�• Oa ayCosts for fgfequipment, Work material, and tabor shall be in aozor'dance PAM ;, -1' f x�Y T-- ' Conbaa. allowable a shall pa CoC and perm on Job Orders auihorfzed by Owner in "`� t*.�3`:--'a , Contractor under this deductions. Owner shallwriting, s H,, (r{� a 1t,. Contract set N`wt`Y_(30)., of pay of Invoice.If and undisputed amounts hanf due *'_ �'yly,.`,w�'. � , p,� +•f: t •r mil Interest will be sat higher Y)days sell percent r6N 11 paymentis any .. ry Y J �SCA. -J. S hasthereof net met the satisfactory approval Of Owner's )peramum. N Work or�Y6f portion }g. r- j�x made until both Vie,ctmiMnxrnts V -"-I'` 7 r -. ry rmade or the Work is the NNOtk or the portion thereof has�rnplated in a T slgt' §�� s a ., payment of amounts shalt be considered any provisionntherein to the contrary,no - '' y . '+ iJi . accordance with Section 2251.021 of the Texas wed past due or not paid when due except in ,„..A.."' ' " a overnment Code. ° x: :+ 'i_ .-� h 4 required by the Job Order, Owner r 4. 15.2mo2Nrfy as the Work ,or at more frequent intervals ae shad make Progress payments .r-. ''' �". +Pietas svbmtpad by Contractor and approved In defe n fined by Owner,on estimates of 44- -*�'r ,,;f. acceptable in a torn,and by Induce writing by Owner.Contrada shall use an , •= 5,-;,:- Work price Showing the form l! n for ec to reflect a wren breakdown of the total "n a requested,to Provide a basis for included therein progress h PrinciPar�Bte of the Woro fn such detail as 1``"` c s -� i;:; Owner wit top mold payment for Payments.ln the estimationof work • r n �,-, -•k- Owner w evidence that t delivered on the site and preparatory work if Con ,. & -t , . a .� to perform the Work acquired title to such material and that the ' material will be used �, - _ • • -_ the to/lowing frrfomration Payment With east Appfiaypn for Payment,Contractor must aSfadVdeteti (1) Defec five Work not remedied, t ' (2) Legal claims Sed against Contractor filing ofedmms or reasonable evidence lnfiratng probable ' + (3)Failure of Contractor to make supplier for materiel or labor Payments properly to any tractor or r (4)A t easonable doubt that Ire Job Order can be completed for the unpaid Job Order •t-. (5) Damage to another contractor. .- , 15.4 Payment Retention:In the processing of progress payments,Owner shall retain five Percent : (5%)of the estimated amount until final completion and acceptance of a5 Work Order. Retenti Perfmed on apptwab(e to each Job Order shall be released within thirty � usdaiffsJab completion of the Job Order and acceptance of the Work under the Job Order. lam) days after final 15.5 Liquidated Damages:Contractor is evectea to win Liquidated damages may be assessedat Ownerslate each Job Order on a timelynpbeefs. i Jab Order andror phase of thewon for ContCractor's failure to timely o h ' damages,deor requre of the scope of work dateled Ina Job Order. Owner may wfthhotn the Job ,as liquidated `�damages for any Pa)'a'per day`amount,to be set forth damages are not Work , . y b � completion to e COMpenSati071 for i Job These ideted t f =„ inconvenience caused ddltional 9kd o wfi' . time by Contractor's fare to alba,Owner to receive the prey red and [. er dtrsignated � on XVI. TERMINATION FOR CONVENJENCE OF OWNER 16.1 Termination:Owner may,with or wifhotr! e • Contract or any Job Order in whore or,from time to time,in part,If Owner ofperformance the Worktermination this P' In Owner's interest.Owner shall effect such tennirration by delivering to Corrhac obnes ce of Termination- specifying the extent of termination and the effective date. 16.2 After receipt of a Notice of Termination,and except as directed by Owner. Contractor shall s.` i . n „milk. ? " 1 p i i i 1...a4:,•4....:-,..3.".•,....i:,a kg,..,:!ir,...../::...4: :.ia;,'• ,-,....:, ,•4:,..,17,4%.1.4.4.,..:.:;ii.1.).7•41fp.,:z *-:: -t-it,-,..e___. .:.r.:::.!L • I i-/- -‘••'." '=:,•.'t tt-rvrit.' 1,,zrttte.A' 4:'A ' ' '4_ ,•1.•.: -ti:- • ..,r,wl, ........; ,44...7.-4.-r,....„.A4 s.:),.,-;:. ...*,..:;. ...,:_ip;:!,::: ir1/4-4.-q.,---e...!,...4-,_.-- --i.: — ,.,_.;*y.,..,-,4,----, irnmediatelY Premed with the following obligations,regardless of any delay in determining or adjusting OsiS-4-,,,,,(..;.t....•..'... 1-03iN-,,,iVily #. il any arnourits due under this Adicie: mk,T4f, 4-.A.''.(T y .'' • ikW.....'7.1iri.,,,...714,4%+1.1'(^O... ' -,'...,... .11-`,.::;:'•- -; a. Stop work as specified in the notice; „,...14.--5tri':-- • ',-= '...tc4se. 'ciirl.:.1ki:._."'. . b Place no further subcontracts or orders(referred to as subcontnscts in this Article)for materisis, services or fealties except as necessary to complete any Work not -_,Zin5 terminated; a4.7::,,, ..-1,1,-; .- s,'.."- : ---:-.4:ti , -„.,...1.; ;.iSi',',A;14,-: ',;••••-' c. Assign to Owner as dlnacted by Owner afl right tie,and interest of Contractor under , ,=.„,-...:443,.tii. -i.,,ZI-Tri.,ta; the subcontracts to the extent they relate to the Work terminated,in which case Owner '-'7...'.t,„glig'4:4.,,-....._ul.„..lior,,,,,,,,-,,Iiiii:ii-474r.,:. shall have the right to settle or lo pay any temination settlement proposed arising out of ''' f....4-2...4..,,,%.47.,_. 14:51re„7:,..tii7A;.:S.;:fi: those terminations or with approval or ratification to the extant required by Owner, ,...t. , ..:,,i.4_,'• ':,:77:,;,Z47..,,-; '41',..i. . egri4g....::...sk• ;- . Contractor shall settle all outstej Eatigities and termination settiemerd prqloaaal L-,A.,- .- =p=-=';.,::Tie'.•,-.<.i=lf., ,.> .0.vrialfi.-. 1), • arising from the termination of subcontracta,the approval or ratification of which will be "'- IT415V,. .-.-t.,,AV.-0_1.7,4..., final for purposes of this Section; .t.,,5 - -w..,..,44:4: .,.1.,,, d. As directed by Owner transfer We and deliver to Owner re , ',, 2f ,,IT4,,_ 7 •.,1-k-,"•:.. ....4-tg::' i The fabricated or un-fabricated pads Work in process, completed Work. N,it:.,..i.;%7, '''•:..=:?. . ,*;''-'. 1- ,!---..SVICil‘:1%. supplies,and other materiel produced or acquired for the Work terminated,and i•-:': ;•••.',.'2...--..'''..'"..T'.../.'7:-."---;';•-1.7.-.1' - ,'--:—','• •,-.;,:' ...:,...7,-;tt,;:--s-,.-r.,t--...•: ,, ?... • ii• The cOrnigeted Or Partially comPieted plans=drawings,information,and other ?,,,=."i.:,;:f,,.•.,:'..-;::,,.-,,--.t.,;:-.;;:-. •::==,1 ,,4.,11,,..i:.:4 , properly that,if the Contract ancVor Job Order had been completed,would be 1,:';-:. ...I-. ..",,--= ..i-i- .i."--t. .).". i.:. required to be furnished to Owner L.=.'.'r7',•_.=f,'.--'-''...-.--..1.Q.,----,' re$, „--AP:.• •-:.•J'`';'- .i' • 1..• e. Complete performance of the Work not terminated; 1.=T-t .'47'''' - :fi...J..';'•'"?'4 leas firti.lb., ?r.. .41 i .3;S:.1:1-4 . --' ... t Take any action that may be necessary,or that Owner may direct,for the Protection .i ,,,,, ,,,,,k44.,..ii.,,et.,*.,,,YLV. ,'--ey!'i.,,,,•:,!.,.• and preservation of the property retated to this Contract andror the Job Order that Is in ..,- 4..&".,,tt,4.N.%r.,i;:iFi'-'4'.=,:,,gc' the possession of Contractor and In which Owner has or may acquire an interest r' '--;--- 1:;'!",§,z4,1';.$•,7.111-;,. ..._ „,1,,- :irtt.r. 4,...•.;,,,N.AY,_•71k4,-ef„tf,';': • , g Use its best efforts to sell,as cgrected or authorized by Owner,any property of the types CcA:,.,-a4-!:;;;.A.Vi..*,(4=;..L...;.`1,j41.-.5-f,:k-Te.-4,tti:.."!..-i-:.., referred to in paragraph 1132(c) above; provided, however. that Contractor is not ,..;rt5ki.. .." .. --t j..f=PiP......,Ire .. .;i•.!i,ri...• required to extend credit to any pumbeser and may acquire the property under the ,. (trwir.:.17,11..0,....111,,.,.4.,....e.::,....i condi/ors prescribed by, and at prices approved by. Oefner- The Proceeds of any &A .?-1,:o.,:.:„:;,- .: . • transfer or disposidon will be applied to reduce any payments to be made by Owner 7., , 1.:Mi. 14$}.:i,';••:'.. ..,5.4f, :&.f.4?. :...,• under the Contract andfor Job Order,Credited to the price or cost of the VVork or paid -;...'rak -110. -4-.14,::::•-•L`''`k it# i It'll , .^.• '4. 1."..r.:5'.441411.. '''ti;.1. ".•. in any other manner directed by Owner n_g.;.. .i iki-i.......,.,•..,,,itif,.. t s ,...lair ..•:.- gtp.t1P74)irZt1, -15:Z•iiir'! XVL DEFAULT .e' ."4;1974r—.P14'•itiwe4.4:41t,igt;..r.....L..;•.. : 7,igjAle.10'...4%."; 14.k."''''E4t.,/!:?g1:-• •.... 17.1 Termination of Right to Proceed:tf Owner determines that Contractor is not prosecuting the the 7f ,.-,:i.i..‘ .,,sy.1 -..„=4.1..4,! 1 ;.:14:-•.;, 41,744.1,W.4..r.':•:.., Work with sufficient diligence to ensure compiebon within the time specified in the Job Order,or fags to L'-'4,i4t.:7;411..:-..4-4-Aiii-ii.Wili-4,8`,Z.,7'..... ' :•, complete the Work within this time,Omer may terminate the Contractor's right to proceed with the Work ..t.,. .ille-iTv'!-I•48,....Zii„,";,t':::1.,4;r744,r.:-....- 1•'. (or separable part of the.Work),upon seven(7)carers:tar days'written notice to the Contractor.In this 1•;`,1 ';', "..O.A.401.:,44.S.*Vic. ...i!.i.;14.4,i...:.:11'..'• - event Oener may take over the Work and complete it by contract or othenvise and rnay take possession i•-:-‘-'g.74V,4,r....7?‘ =.‘t.r..:V:T.Nr7-r=4*.ZAF.r,, of and use any materials,appliances,and plant on the site necessary for completing the Work. !.- -.'..0,-s.-; -•:1-1 ••..t2i1:1:51.t.St,-.,,-r,s.:- ..• ,. '••• •g.=.4i7Z-1=2,-;.t...i..i'i.!;...;:i4!...T.',. .-:..;''.,;173.'*•:•,:''•- f. • Contractor's right to prooeed shall not be terrninated under this Section,it k-....:,..: ::,.....,;::...,...,..{1:.._•b:61-,+7-1 1 rri',14,%'''A•4:5'.ii.:;"4;g.:ICk'ii!A ..-_,"iTi:'-1...',.: a. The*twin comp/sting the Work arises frorn unforeseeable Ca111383 boyorxi the -e..1.4 .45.t.. .: .44;.:11 r''.1.!...,. 'z'',-•• control and without the fault or negligence of Contractor.Examples of such causes ty.v....*04.i--.4144'',Vttp=::-.A4?= 411,!..f..=`..• zi...4,.....-.= rpl: n....1,2! 4.:114. ''!-•t% ,.. .•.'.. indUde: ;:;'•-t'..jtee,'6-Y./.l''",..i.;,,'A';.-'a.,b,r,r.:;;-,t71.n t,,,;:.. . ..,.• RP• ,:.i... . L acts of God or of the public enemy. k-$.0.1.:,:?..i%o•:..t,..• Ver ..41.-rile*,•:-.;•,, , :,1. -8-,c,./-;v-?,4.2 i• '..tlt.. ,..1.en. ,-A '•,.... t'....1.7.„t . r0,t,;•......b.,1:-..N.f..i...,5•Pf:.' .': - ii. acts of Owner in its contractua/caPacitY. i'''''Vie7.13-1=-P-1ptAfit:--t, At c•F:,!:.;.;4.:, - ::$,e,siyyp,•... ,.,,,, -;-,Tt,..,e4,Iq i*,.'":57i;,:. ..: ••• -t:-.71-,::,••••-i470,,z L. ...z.z.•4-.f..,.i: • :. . ... .* • 4.4;1'4- 'it-,ete. frIX,..f,i,$4t4:.•"^k444},?I`04. ‘..; * r'•.'0.3":* 14 ..i..47T,I...4" ..,,i,....' . ",--e,,:.,..:',.A,246.:,,.•,.,..•' ie;t62041,11150if,.-1'!''''``V-41-SI'''!;•:N:04.%;-.7k.,,tZ--14%;-(-(ATACV: ;a4:4-gealtV-*/i'IF4-444tZ.VW21;!.... rvititlwafer ti..Z4N4410-4x,ettl-,7, %,........,. ,•,:,..-..-; gc.c.,-,:„i',•z.-.i;.,--,..-itl-w.N...,;1>i.t.0:;•..., i . . n.. f g i f ' i I VgO•..••.gm t.1:•,,,,.. "---kili; •-y:i;• . , • -:.: ...,..'' 4 ;•41 .p:;1•;i 2.fell ...;m:444, -' „ ,---4,,:.14A;''e-•„ j!;;"'~'''.,'-ii";:;;TPr,,', , ' ''''.?;;:„- ' 'r'71.13-'•.1. ?, ,›To ..-4it *---`11'.1:,4$7,.' ..-:--11.••1:4• •••:,,gl,._-et-.• .-...-.,,i,', -4,74i.', -•-;;:•.• hi. as of another Contractor In the performance of a written Contract with Owner, i'.•-e isfei.....s-,,it,r). .erfe:i4-ef.„---.:-:-.74.1.tt, -- • r •e•s't- • 1V. IlreS, V., v. t,-t,epode 4 4 i..f,,::.i :t:i•.vi. epidemics, k. ,,,k- , .c.„.c-,--,1-, ,,,...*:.„...,-,, r•,;;!,.• vii. quarantine restrictions, *-,,IN '-' f.1.•_,.....17;--4-efF,;„,...e,7.-.7.-...„-..„..,.:-, ,e.".3..,- viii strikes, r''ti.. --M'ep:4—'7,f---'•z::' -7.....:X-4---,:-.'-i•-',..,-:All,:t.-F.-.-i'i'• •-41:„.• ••1;rg..t+-4-..--...-=,4r..,v4g,„;,? :. bc freight embaroes,or k.c6....- 4.--: -r-t-•'*:4 -.! -1.• ,r ,,444-.;!•-:4.2..,,;,:t-zr---.1-17,!**1/4....i,. . unusually severe weather e.-.N.-. ,-*.f, ,F4,, ,.,-,,: ,iip. ,..-4.... b. Contractor vrithin seven(7)calendar days from the beginning army such delay(unless :.-'ir-,.,... • ,. spetriet extended by Ovrner) steel notify Omer in wing of the causes of delay.Owner shall - ,. .•:::,‘• Aenii:,.• &44i,l,‘,:?-.,_,r ascertain the facts and the rodent of delay.tf,in the judgrnerg of Owner the!fixings of ::•.;,,-.. ,:'!:;'73,t--le` •••,,,,.. ,s.fe ._..,.v1.1-4,v.i.: fact warrant such action,the time for competing the Work under the Jab Order shad be ::- --?;45•;It..f, 1,.;4„. f;j1:-k:.15,. e.-7;•:,,,Aty:••::;i. esdended ,'"'': • , -,--r :-;e!: :••--.; tt 4i«, ' . ff,after Vori of Contractor's right to proceed,rt is determined Met Corgractor was not in default,or i'..::•._ ,-,,. ,-•;,..--•,' n)--,.--,:: :' '•-•,..:;•,,. that the delay was excusable,the rights and obligations of the parties MU ew U be the same as if the termeice f-., : -.. , - - ,...,. had been issued for the convenience of Owner. The rights and remedies of Owner IT'this Article are In .;':,.'.,..„,..,-. •-. .„..,-;:.-, .,.„•-•,..„..,.-. . , addition to any other rights and remedes provided by taw or under this Contract —.. . , ." .- .,.. " •..- 17.2 Termination for Default: In the event Contractor faits to Garry out or corn*with any of the -:.,•: .., -. -. • . , .: • terms and conceeens of this Contract or arty Jot)Order,Owner may notify contractor of such faikee or ••!.e.; . . , ,. "-....:,,.7 .. .-, • default in kwiting and dernand that the failure or default be' need within seven(7)meander deys;In the "'..' • , .• • • , :-. event Contractor falls to remedy such failure or defeult*thin seven(7)day eeriest Owner shag helve the to .,i;-.,,, ..:• , 'r, -, - ,'. right terminate this Conbact and/or any Job Order. leethoirt Hinting the farseeing,he* lowing shall '..:-.. ' _ • ; ...... •-,,,., ,., oceislibite a materiel breach by Contractor upon the occurrence of which Contractor shall immediately :l- ; - -: - • -1 . •_ •:• nobly owner:Contractor:(i)ceases Its business operations;(ift makes a genera/assignment(of the . ':- -.''' :1 :••- :':• benefit of creditors;(be is areudge,d bantam*or ev)becomes insolvent _ • ,,. _, : 17.3 Effect of Termination: Termination of this Contract crony Job Order under any oincurnstances • • F . ., whatsoever shalt not effect Or relieve Cntractor-from any obligation ornate/1y that may have been incurred :, , .. - :..,.. • -, ,:,&.;.•. or Wit be Incorrect and such termination by Owner shall not Omit any other right or remedy available to - : ' ,-.. ••. . ; . Owner at law or in equity. . , _, •. . XVIII. CANCELLATION FOR COW-OCT OF INTEREST 18.1 Pursuant to appbcable law,Chvner may can this Contrci without penalty or further obligation ' ., , • - • , to Contractor,If any person slanificart,involved in Intiating,negotiating,securing,drafting or creating -, ,.:., , ._._ [ -•, -_ , - Vs Contact on behaff of the Owner was at any time while this Contract Or extension of this Contract is in effect an employee or agent of any other party to this Centred in any capacity or correultant to any other . ,. , •- : , party of tels Contract A mercerise*made pursuant to this provision etetil be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. .. XIX INSURANCE .•••-ftilr-i-3,---:-_,>0.t_il-,T.S::4-,-,11.,,re• 4.,,,...;_w.:•;•ir . :. 19.1 C.ontractor shall purchase and maintain in effect during the term of this Contract Insurance of ii,:li.' ,41GI.1.•.?ket.f4z,.--liciet .':;:it?-lipi,.”: the types and with minimum limits of liability as stated below.Such insurance shall protect Contractor tom ,-Jits. .,4,„.-kfej .: . - :- ;,4-,,- .,:. ...• claims which may arise out of or result from Contractor's operations whetner such oPelations_ _are s,,,e!f..,,,,,A,..5.:r.eritf1t.: 2. ..., ,, iriI.,„ „.,-, .„., it '1' 4 ' performed by Contractor or by any subcontractor or by anyone for whose acts any of them may be lible. :-: .zr4-.-f../-r..1,..ii:Ccr5r.., p..;_.t.i .-..i•,..`e. •-.:-• virr41A. -1,1Pr. ..:1::-4,,t ,ii.;..t*,-;,Ze.. •-.--r,..iff , ilittoloatiolegitkle :..:4. .;...1.0.-t..,• ..e,i.,•.i.,-,.",,,,..0„..gt..0.kg a .44cRKESWCOMPSF•410.10%.eatititctir#3,:00.0i.. - -,. .,, ,..., ,---.,ag-g.g.,...•••i:-.;44.0A-g5gg,4',,,..- ., ...v.,.,- WO-1**i Wke.tribiilikiliftf****VM *041#•. -., -'41110 i.'.•-•,4(:-.4gh gg.77.'1;;i'-'114-`fiii•legi.tr: fr.'•:z ':' :--2''le••••• •".-•-g,"dtt.`,2".-.,g4',-;,- %.. 15 .gYit4't. • 51::4;;i- •11..fti-.:•Ii• i- lbj,. ..1,3;)c/ettitT:'-.11.1,,,,,i,.: .. -.. ':••••••51*--4?,:• e•--7..., :-.-.,..i'•,-;,..i...r:.....01:4-•••!•,,F,?,,"1-2...•-';'.::.....-• ...,,,,,,-,ig..t.g.„•.1.;!._$.,e.g.:4,igg;••1,,....!-,,•1.sifr=gtilN,.'r'"•;17,''f, 'i • ' •1:OMLIERCfAaf-: � • `Eo"t�rr a.i a4 k•1• 4'E` L 74.��'!'''f •a • tttt.^^^�...555fYYY7pppp3c++sss�± ''3x" tz • • Opik ittiOias w� A 3 Fri c'�`v f`' zx r#•e sf� -. • J `+�'�:�„4: .j!<ypy�iw,• '�+ •R•4 A '^yl• pfi-Y iT. isitctitiOsitala via! } .lplF 19.2 Such insurance as is provided herein shall be and collectible Insurance available to Owner and+ton contributing with any other validt> " 19.3 endorsed to(provide t folpolicies d (6 insurance as required In paragraph 19.1 above shall be s r, a. Ninety(90)days written notice of address designated in Section 23.Gabon or neon rer18xa1 Bruner to Owner at the b. O wner be named as Additional Insured on all potties except Workers Compensation w). c. Waiver of Subrogation added by endonsement on all policies. 19.4 The*nits of frabdity as required above may be prcvided�b'�of primary,excess or umbrella petldea.In by a simple t licy of insurance of i tl a avetable for arty one oCCUrrence or accident tie less that the�however,shad the total Umtia lability ar++arrgs)required above. 19.8 Proof of compliance with these insurance of an original insurance signed a+ aFaed le uirements shag be� to Owner in the form ecmpany( s)within ten(10)days.of execution of this P+ewal or ra a> of the 1►xe xalt be furnished to Owner riot less than twenty-one(21)daystoR�l o�rq shed applicable poficy(res).If Contractor fads to maimale they orsuran a cr alto of the Policies to lapse orexpae during the term of the Contact,Owner may amounts of ar allows the Ste coat of obtaining the insurance from Contractor's contract sum.y terse sand insurance and deduct 19.6 Contractor shall require any and ail subcontractors carry insurance of the types and with linnets of liability*Conirngn.performing�under phis Cond itto aOwner upon request current certificates dequate for the Work being performed.Contractor shall obtain and make avai lane and tr for nape:lion by of insurance evidenci g insurance cov ble Carried[ by such 16 X .i . "19-7 1 the original ortifieate of insurance ¢ ;.,F ) k f 6_ Mr.Floyd Batiste �,ra 7$ '� �.a f ra upr„ CEO,Executive Director ` L t fr •.s ax" w City 04 PortArtfus Section ma`s .- . 501 PCoractation Y Yf, a � `�y r . . ' Procter Street,Suite 100 s $ ^x.�� j< Port Arthur,Texas 7784D _ r Mr_Mem Ferias 6 ` Powers Brown 2160 Travis Street Architect i . _ t - Houston,:Texas 77002 S' 7tX k, -' f 20.1 Owner may,at any time,without notice to the sureties,if indict change fir'make in the Work within any,by*Mien c pore of a Job Ord r, F.. . - _ be a �: scope a Job Order, a. In the specifications(Inducfi g drawings and designs); Gf b. In Owner-furnished facilities,equipment materials services-.or site,or ;. o. Directing toleration in the performance of the Work, or otherwise altering the schedule for performance of r Myt 20.2 other written order(which, as used fn thisparagraph, _i rpretrition,or determination from Jbe tr s di under this Article; provided, Owner that causes a change shelf be frosted � instruction, f; and r theeoorder C Contractor ontra regards The order as change timely written notice the date 20.3 �9 order. as a change under thus' Artie entige C provided in this Article,no order, statement,or conduct Owner un shall be treated ? to an equitable adjustment hereunder. 20.4 Contractor must sutmvt , �Y i under this Article within thirty( )calendar days alter: a. Receipt ore written change order under Para i Paragraph 20.1 above or b• The fumishirg of a written notice under Paragraph 20.2 above, by submitting to Owner a written statemente _ unless this period Is extended by Owner.Theme proposal for general ed�amount of bee ' the notice under Paragraph 202 above. err>ent lusameru may included nl 20.5 No prop equitable caa!by Contractor for an -- payment under the Job Order, shall be ellvwed if after final 703. PAYMENT AND PERFO RMAMCE Bt> t` I1�3 21.1 Payment Bond: 17 p_, " l • , rft) (91) , . • I i I ! .t..-,4:-.: iltirkfl'.4.-J-ii43-41. 6.5!,-,•.y..:;.,,,.: -4•A=J:lege:31,-04-1e4,,,*,-,,,,...te!1,.:.,„:27.;,,,,,.:,,s;.:?,... z,7765r..,-. _i..-.:24..,•,-*.-reA.,";-,tw-Lt-efi,.:. Contractor shall furnish a Payment Bond in the amount equal to or hundred peterrt(100%)of the ,: ft.".•=r4',..;Lii.i•*4*-20:!--' 41--44;Fit&V,'t...:-..',.... . contract amount if the Job Onder lain excess of$25,000. Itt4 '''jsi`l.g.•>.-4.,'•-:.:t••••1'....t,,....P1.4...-z,v-... • (4),4,-1-. ....tf-r.,...4q1;;,:: 21_2 Performance Bond ..,!...;;t:-.);:c7." 44 ..0..*,...;?...,......,?,,x,;0•,-....i. , is, - .1? ,..rt, -,?4,,,? .rt.:-:;,1..c.',,ri,. . • Contractor shall furnish a Performance I3ond in the amount WWII/to one hundred percent(100%)of the tfAilVifv,.;•>•4'1',,."4.111,-%:-: ,''ir!..47;a:;.',,,itt.i:',,• Job Order amount if the Job Order is In excees of$100,000.00. The bonds must be executed by a rik:•'.,,f*:";;,-*,7141`54.&.',-''' • 0,Ets,',.4:41,A..:.,. ii corporate surety authortzPA to do business in Trocas and icensed in Texas to Sure surety bonds and .$ .vs.... tr5sit.,t.......45"•:';•.••• must be executed bye surely company that is authorized and admitted to rade surety bonds in Texas.If i'''=- 4tfiti.4):'....—;' -"' ttie tunoUnt of the bond exoeeds$100,000.00,the swat/must ei•-.,;-%.,.,1.?,--,,k, ,-,,;„,„Trt4:..-..;.:-1•;,'-- -, -.,,, -..1,-,••• .. r•,-,:, ..2.-,47,,,,,;-... . 4.*`..-..I.;.;'• -4 'V• '.— (a) Hoid a certificate of authority from the U.S.Secretary of the Treasury to or quallfy as a surety on 14./=.s. •,•fil.f.4.=,7-1.-4::-.At.i .,,,K44/0..i... ..‘,.f.,,i'.5:•4,4,-,'. obligations permitted a'required under federal IOW. oat ASI 0 ?V Or .r:•::,a,...,..4;vt---,,g.41.4-5:' -• -V•rta . P (b) Have obtained reinsurance for any liabiety in excess of$100,000.00 from a relnsurer the Is .,, . , A-,ti,!" s''''*:4•E-,.., ..i.T:"."::•5.c,"4 authorized and admitted as a reinsurer In Texas and is the holder of a certificate of aehonty -.1. .,..,- ii.; 4.,..1.:,...7.tp. !•,,:: from the U& Secretary of the Treasury to qualify as a surety or reinsurer on obfigations .4e-1'-.1 .:7‘,— ' 7' fi:':;-•.-.4.'• permitted or required under federal law '-+ -..;, m:F4, „4-1,1'%i,";=1-.- '• P .b04—t-g. r;iiip .1:47;17A4.*Ine,',1 21.3 The Performance and/or Payment Bonds must be submitted to Owner befcre commencement ;137 :r.--1; -Iir-iN4 •);=e..-4- of any work.The bonds must be made payeble to Owner. ,,,..,..,s.. ..;t.,,..4-..":„.,::•4.,.,.k.tizp, •,...:•' •, lik,,,,,•-•:::! ."-N:f..qr-i:e.,..•',51';i2f -11; .--XXII. PREVAIURG WAGE RATES ir...4,(7-^?.1 ii",:b. ,,,,,...k.:,v.f.;qtte 4-1.:(11,441V,• 22.1 Contractor she oomply with,and ensure each subcontractor compfies with,al appficable Whys ! ,,'.,41.,,:,,i,.. regarding prevaling wage rates,inducing,but not finn to ed Chapter 220 of the Texas Goverment f'c'et 01 jW. 2 ... --31-trit.u. ::7- ::::.:-:(2-7-4,;:t.• Code and any related federal requirements applicable toe Job Order. Contractor and all subcontreators. 1;._.„-'''S • ,;,.:''A'..1,._:-'?.-,i.!;,'s::;;141:8,.,!,:-;111`;iti,:c,i'?':‘!.!..'l A '• ' shall empty with all state and federal laws Indming,but not limited to,laWs of laber,minimum wage, .7-4.1=;,,. :F-1_,K=1,4,.,'::-}•:-.',,,'1,.14.,•Yi safety,and equal employment opporbmity.Conbecta and all must must pay not less than the ri•;;4-t.T.,A'A.,,f,,ii 4-4.!•,:Ti.4.•••. "'.'. :.,-•'•- general preimiling wage rate plus any applicable fringe benefits.Coritraztor shad pay rett less than the 1;4.;•.,11:c"....3W41:4 i&.,141=. ..".:‘ t='2•••,'";...'11 wage scale of the various classes of labor as detailed in the prevailing wage schedule&tatted tri .1,:n...:k"?.:!..-1,c,7::•.;ni...•.j..*41; ,'.":. ,.? , . Attachment B. t,.7.;.fi.,.,,,,T•''.-,i;',.--,',(:'''' '-f' ....1=?'.;,_ja•;-,-";' ".•• ---= .:-.71M•4•;y4;:ii741/4fei,y, ,..-t,,r.':.'-.1.1',-• . -. 10411.„K;ijAWLIA".4.S1.45, ,,,,i.1:;1'.'::.'' JOWL MISCELLANEOUS PROVISIONS -P't.iti-,,-Tr•r:r...-1:1•1111Vi+,..44:4:-4,0-r.f.,- •, vi... ,••$:".1(4.",S?: .:,...1.7-t:r4x.";•-•.!es,^ v:NA',-;r., f.21i, 1,4,''..11.:-.4-,:•,!,..f . 23.1 Independent Contractor: Contractor acknowledges that It is engaged as an contractor and that Owner shail have ro responsiblity to provide Contractor or fts emptoyees with Irl.V:I.w.../4;41,4„1.111/.:::;.197-1.,;.ri..r.,%..,:rtr::,!, trattsPortatioh.Insurance or other fringe benefits normally associat wi ed th empioyee status.Contractor is f•-r"srtir•31ti'li. "';!;1:•0!'''''';64;1•V' ':"-li'; •. resPansIbte for all Income taxes required by applicable law. kis the inteneon of the parties that Contractor 1..i.ii.:.-Ii.!?.;,i.,.. ..-.-.•`:,:•:-'.1' :;.,:;.%--;'.'..'.fir.;;,...•'•' Is indsPendent of Owner and is not an emloyee,agent,joint vervain),or partner of Owner. Contractor ?•4:2•st'141,.,p1.1.!:. acknowledges that Owner has no responeity for any conduct of any Contractor's a-mployees agents, Ti;i'Sq.,-";;..;.`.i3;-"zi' :::',4:4.4 -:" ..:7 4•'5:7:,5 . ".''. . representatives,contractors,or subcordractors. :-.m.r.,;'.:-f...t.rt.•1'...-..441•1.,,I:......i.,1:.:......; ,.-.-.: '..t.--1--,...—?.ii.'".i ;;1!...,41,',.;..!....,.;•••••;,.......„ 232 Confidentiality: Contractor shell treat any informetion supplied by Owner or intonation "-*.t•-?'‘i .-',...,•• .:„.i•;.•... -7.-,•Z' ; ... i'' eertranirg to Owner as confidential and shag not disclose any such Information to others except as ,'..;: ,is'..`"- ....", - :ii;.''•".;i:T.'.;•'-;;,...;:t", .'s.,...-..•• - necessary for the performance of this Contract or a Job Order or as authorized by Owner in writing or r: ..., '.,..,. ...,.et ..,e .••f .., except when required by taw. 23.3 Successors and Assigns:Owner and Contractor,respectively,bind themselves their partners t:. •:.'.,.„ -..-:.!..:.:•..:,;. •..:=4. 4i•/stri',I- ,. • successors assigns and legal representaves to the other party to the terms and condftions of this I.:...1':., ". .....i''.' ',..•T ••.•:-''.! :••':::' , Contract This Contract is a personal service contract for the services of Ccntractor and Contractor% i", • .:1. . ;A":',;1''. •,..-''. • ...'' interest in this Contract chilieshereunder andfor fees due hereunder may not be aesigied or delegated ..,..i--, . •,. . ',;:?. ,:, . .:'.... •,: toe third party without written consent of Owner.The benefits and burdens of this Contract am,however, r.,:?,.. :,....., ...,,!..:,. . 1.. .:•... assignable by Owner. ; .v • .. 1 ;'.,.:-.; ,:. ;:i• l .,.si--' • • • :.,I.•‘Aftir. •• '41..tiXti .'•i:•• '' .1•11`kriK,...:.:ct :.,-,...:i Isi-.-.3,1k.s:‘,..%.r P4-.'"'''''''.......' ti4s;I:,/,-;':-,-,4,3.i :41.r,'-,,i: 18 p./:`'p-g•-..-igi-4. &o...,:%,}1,-,--;,,,. -..11-,.. .---1 . ,ei,a?..• ...wir ---,71,01,..,- --47, 7,,,3, 0.4..wk.I.A147,t-*;10,,-„,kivipii,,,,,,sm., -.:.-3;.;:..,s,g.i.::.-7,',.:.,4;;F•ritu i:t.rA50.4-‘7AY"1.#'; r '- ( 1 1 1 : r 1 S.- v h M .�• 1l' ' -: •��ti; /.tom 9L. x�"� A• „cut z•'I 23.4 Loss of Funding:Performs , =r•' ,. ,P on endFunding of funds by the Tacos Sle.e der this Contract may be dependent upon the "� ;Vs, '� yr ",g£IV.? •,-i,, of appr on e d(homersallotment of of Trustees.M the Leakier-ire Leg s(the'Legislature')ender allocation ,, a y'� �r ` •.r- r . funs, or the Bowl OirrreraRs to altocate the necessary to this funds.then Ownerto appropriate or afiot!tie L, ?' •«i ': * r' "ir- -, adrnowisitellthat wiihoutfurtser Y '" Parties agree .i asd 6O Order of funds are beyond °wax. The �hereunder.Contractor • 1 " ' .-} -' z r c r+: Coof g' al this ry payment ad On of Owner t 8 Coroners Is yam( �s of Owners Current s., y 147- 1 .• ` : �`'r: :' .: revenue '..Everts al PaYment of such ^^ ar�n artd.and e V at'T b,' ,t yT f t,i • avail forthe eared orell of this orteaContract or any Job Order,thison. If funds are not allocated ,,". -: .., y�. ,�,..a terminated by Owner at the end of the �Y Job Order = �_ r i Period for which funds are ava may be t .K= '� ,* a .s{�.,. 23.5 Open Records:Contractor atK! waves that Owner le subject to the Texas Pubfrc /:• :_' ; any Been against and releases from hibernation •agents,and attorneys with respect to disclosure of providedormation nder or In r,its Clines,is Contract a i• otherwiAttorney scalofofT �tned,or�by Contractor or O determinedb or . _ . ; by the I.. : ' .. Act be aub)ect to lure under the Texas Public Information = -. , 23.6 Franchise Tax Certification:A is not Y delinquent in the corporate or limited liability corns Code,or that the corporation or aty comPany iilny is due under It not the�n or Texas Franchise T company is en out-of :de corporation or 6 exempt from the paYment of Suoh taxes,that is that ax,whichever re applicable.�ble. bifity any th rd ' 23.7 Taxes:Owner is tax exempt and Contractor shell avail itself of ab tax exemptionst • Contractor's requestor expenses. Owner shall provide a tax exemption Certificate Contractor .p to •, , Owner otherwise required by taw. shall not be Sable for any taxes resulting torn ids Contract, on 23.8 Captions:The be considered Of referredto captions of paragraphs in this Contract are for convenience only and shall not i resolving quietens of fKerpretaton or construction �- 23.9 Severabiltty:Should any Ptoviaiorro a of this Contract be held invalid or unenforceabfe in ect adend this Contract shaft f f P .invalid or e provision(s)respect tat provision shell not had not , :23.1!) Waivers:No - the23.ProvlstValof this day or omission by either party in exercising any rust or power provided under right ror ovisions.A written ontract�Impair any such right or power or be construed to be a waiver of the matts w r granted that by either of the parties of be as a provision or a 'Damon of thine Contract Ahab not '��of any other Provision of the 23.11 Force Majeure:No party stet be Gable oror damage but not/kneed to,acts of God,employee any delays ortaikue to perform under this Contact dim to to theond its other eafor any bee nrol,in or for or any other ci cumetanoes of like strikes,epidemics,wet'riots,flood,fire sabotage,terrorist acts 23.12 Governing Law and venue: This Carried.shall be construed, to terpreted accordance with the laws regard for choice of law prf and applied in ;of the'parties created he garrons t ' The exclusive venue for any dispute hereunder,tmeable in Port Air' County.Texas,which shall be 23 13 Entire Contract This Contract, defined herein,oorhetiq the sole and < bwritten etween the parties with respect to the services contracted for and supersedes ° aor greement effectiveer oral.No ess in writing modification,ration or waiver of this Contract any of anyts be ned by both Parties.No course of Prior dealings,no usage of trade,and 19 f , r) no course of performance shell be used to �'4' at .1' � M t r� '�, modify,supplement or explain any terms used In this / ?. a, tTMY of4Fh72uCiall8ysiOnaCvrEAar�e0n, Contract. r�r � -r4�*��: "tic Y��,}c( r • . Trustees has i financial inheres d Contactor that no member of n r�, I i , 1 contra SeL�y Or indirectly,EY. in the Owner's fed <. ?r r « ,try ')A transac5on that is the subject of this t"- -(-- -; 23.75 Authority to Act: If ,„-; : 1, rx ` „ " Contractor is a corporation ores rt -' r. -:A3. ,, �K 3., ►3.15 s,re y agrees that(1)r is mated finality company, Contractor +y ,'r3• #�;3�f t+ti the laws of the sent, fits hi rees that r duly organized,validly iodating and in goodun �� � -*f e s'+conduct business in theShe of Texas (3)its :(2)K is duty guifiorized IV ill to C.-it, ."` -+' k� > + oorX0o t to tress and deliver cluer�,,,�..,.� necessary Power and4 n. -` h� Vertr Ctar has been duly deliver toed and(4)the individual executing ►tra al ray s �., `y�, 1;? ,� Cont23.16 and bind Conte:tor' m behalf of 'c '�� S;e.g. Z , Y`A basis�a�u��,,o�r��ol�a.Reco VVage rds of expensesto acklitional r.. e +Y • ! .• •. on the basis Rate or Monthly Salaryor Y1 performed on the t,< •'.•a' '« ' A J r w 3.▪.' standards fly RecantingRate Inmbursable with If Edlowed.shall be kept f 3 t '{ ' ( 5 Board and shall the Office ofcost accountingr _4 3 tgY�..is •{s Y r j + ,,. noace shall be avar7abie for audit by Ownerand Coat Agingi sr Sb� {? 4L4Jj, a1"}�;�r�'�t .mot:` 23.17 legal Dumping: Contractor dumping of EtterIllegal in shall ensure that it and all rt ,' • " 'k� s authorized representative on reasonable accordance Mt#+Titie 5,Texas Heath and Of W per 365.8 prevent illegal ? F71,.. -.._.,015:,:ki;,.?, .... ; .,`,:F.•23.tB i�: 'Cr1dg CttaPter365 it, ra � � - ctv f ambiguities in the me agrees construed that against the drafter scrag - r` p: it ti nl the Contract n any Job e l rt a of mutation that re4uke that any �• la` •ti, . .,5 tY i ` , not be employed in the ri' ',' x'" vh p,▪r3, 23.10 parties toodrllcabon. This Contract may only be rnodfrod "'i :�v '� k '* .•7, be incorporated into this Contractmay by a written instrument executed 1,-;;.,, , ) �a$' '• ,• ;+-� :+.. by the ;fir, �. �r•i 1 r. .,-+' �--��,a � o 23 2g Assignment Contactnr may i`?S 4 r .4'« .,. E t< hereunder without they mitred or a of its �' t-r- .c i.' • r prior Written approval ofany rights,duties or Obi , -P'r'-t,5=r s}; _ s Contractor shah be the end void. An Job Owner. Any d assignment of fi':t d'i,J.1`f,-�:fr r: s assigned,subcontracted,be null y order made as a result of this Contractthis transferred, by j.:,.:,,,;.: .},16, ,$44.1k C.':: � maynot :.. a �: j� .,. �,��.�.a contractor With the prior written i of gvror erwise disposed of or encumbred ina any 1 ; >+: "rj 1,A; 23.2t immunity: ��'��`�jRf � �s:� �. defense evarlabte to Owner c any of O pe Contract WI st construed to waive,modify, j !!s ifs. ;x x }, fn !' ..-ii including,without h s or present or amend anyr r • - . limitation,governmental immunitys f aft trustees officers,agents.or ertrp i S i .r'1;4; -r ;r r:,4,` t as melded by low. t.; :.ii,� i 4: ' �<6; . XXIV. NOTICES .. ,i 4 r . •<i. .4',:iti; •:F' -f 24.1 Ail notices,consents,approvals,demands, � f s I �+i 3 '� ,+: Contractor Contract r be in b'Written notice may delivered person b the er binding communications under thiss's rir ,•�'#`� . a,,.i+ 'j r Owner, malted by U. S. mail to Me last known business �f tIVe;Of transmitted e. Men are fax machine to the last known business address of glad .., r •a f ,...- t repr es are d� deemed effective three business daysnurrrber of the designated k ▪ e deemed effective the next business day after faxing. after the data of mailing.Fax < 24.2 The Initially designatedves li. 1 s .;!:.:�t r s '' Either party may change their designated representative receipt of the parties for receipt notices by written notice. ( r T r t r r a i�'. ,r. .,T :.-; is r. j 20 1. t t�ti .; 1:y.siXg7 t r7 T- ''yMr`-i-- • j L-r :ti ;-"1 r•' i.. c- . 1.�. ,,t- 24.2,1 If to OWNER a '� ' 'i t#`{,q°= +; r. Floyd Satiate r CEO,Executive Director k=-+�a �' +r4 ' City of Port Arthur Economic r�e.,�t�,S�e�W�orn 4A "2 e `ate r _eveloprnent Corporation 4 -i.x;. ' i'ft t �'t'�0:, • 501 Procter Street,Suite 100 �4{rf`� `y4 i 1 f Port Arthur,Texas 7764b d y x i . ; 24.22 With Copies to: ' � , Guy N.Goodson C'z' • 1 • #-15 Gartner PLLC >` " } P.O.Drawer4915 • h1:� �v Bent,Texas 77704 24.23 ft b Contractor. :' py !sa --.•y!x SETEX Facilities a Maintenance,LLCNathan x s President 1660 SS 23'd Sheet Beaumont,Texas 77707 - XXV. OTHER CONTRACTS I:,- - 25.1 Owner may undertake or award other cps for eddiironal work at or near the site of Wok h• under this Contract or a Job Order,Contractor shall ' Owner's employees and sf>all y cooperate with the other contra this s and with to Owner's emploe the additional work, a and Performfnp the Work under this Contract shah eding any not commitpit any ad that di with the that maybe provided by Omer.Contractor performance of by any other contractor or by Owner's employees. may25.2 Owner may award or be imply enter Into r contracts inIts sofa di c,etfpn.and rloWrtg in this Contract t$, r services to Owner. Contractor heshe exclusive rightifl provide Job order contractlng f XXVI. INDBANIF}CATION . 26.1 •..n _ T•. -PL.d .' _US ? • ADO . a rye 0 •• . "'� • ALL ! :;J.Fi . AGAt i OR 351ON$OF CO C OF TN 'j EMPLOYEES ttd TitEPERFORMA►ICE OF THE CO+r,nn SM RV S-- T S ,h c - XXVII. CONTRACT ORDER OF PRECEDENCE t 27.1 In the event of an iyp resolved by giving precedence in the following between provisions of this Contract,the inconsistency shell +_ befo9owinB order - a. Contract Modifications,if any, i . , , _ _ . b. this Contract,including exhibits; • 21 } • . i . i 1$74,.lii-f,,I.A41 ,5.i..•,,' ...,'':"..•......'"..0,00-ed, ,1 , aft it -;•v".....-t..i--,.•it•-•, r-,-•-1,..r.;;,-"....-; .... •kti-.4.t... .,-,=-1=t---;t-,... '• "-**4.=;4'-'''',7:',: ''' '"„%.,. ,"*-t401:',-,,,---.=*--.0,4, 1.•.,!ip-7, r s'.'14.'-i -* ' ••-t-, 'V.E. ,'-c‘-‘V''7`..A.,.--,?-44K11.!=-04-' .1" ''',0••" -*',•; ;.:5 74.-t•T."-7e:Z.i9.4i,t,, ;•;:t..,,, ... ,i,..,-ittkr.,=- ..,:,;•,c--- : rig,- 1...Fi - -:'..el .': - : .''14":: .).-Zik.4.;/,...,,.,7.;--..l• •- -',C1r. c Job Orders;* " .-5 -t-tNZ-4*ct*tr'4 .1: • ' if-it:Art...4;7! 3' d Dra•Mngs; = •„,/r2,---`,. -.C.;-..,4-4.a..p--:.-4,-1w ty-- tit Kkti-v., ..,r.i...,..*"-A,...-4...,ft-•,:.•-", e. Speciecations; .:ft 4"--i5,t2- 4E4....% ,7-7-r,,-;Tit, 'Is^t,--"•;"": 'r .'.1., 1:-.:",f V,-iiriSrx.,.:,r•I:.4-• .rtyi'::;-• •-, 1$..,••••• A ,.._ ,...,„• , •„4, ..,..f. - I. The contract documents for Choice Partners Contract$/2010I7MR-17 any ,including , --,0, -t• - *V ''-,1.`=:.."t.•.1i I addenda thereto; ,„.x.•,• . A ,,,. - .. ,vA•••• "' -.,. .4 -- -. .4. g. Contractor's proposal submitted in response to the solicitation for Choice Partners Contract#20.0178AR-17. , 4t‘-',,•'. ...1111.4..' r't:Ar f:: XXVII PARTY AWITTRUST WOLATIONS • 2'ii-F.,7,4,...,'••.,-'-;-i "C' ' •1,lit-..7','*., •-,r,:•P'"' -at' 4r" 5,. —Ikkz.,,,_57.tzlii..• •• • -.:ie,, ,f4 -, -•,. .,,,r- .,• •••• ,• 28.1 Contractor assigns to Owner any claim for overthauges,resulting from antitrust violations to the1.,,ftlf.`„ odent that such violations cci)cern nlatel°1°°r seivims SupPlied hY third Parties t°Cm478ct°r bward trtf.4c41`4,--':"47.::: -6'--;-•;Nt;#4" , .t..... i,.. .,,,,,,_ . ....,,.., fulfillment of this Cono-act XXIX AUDIT OF RECORDS (r,..i-":4.:,;,::?'.:,);,":-..;-,..--..• 6--1.4-7,.....,,,..,7 -,k.. ,,,,, ,,, ,, ,_-:;,---,-;,•.:T.,..-,,„ -:i-i - .-.11-,,'.._,.:. ..,:, „ 29.1 Pursuant to applicable laws, the Contractor steal retain and shalt carter:tally require each f- '". - - ''' '‘'1 .,1 4,,,,,,-, subcontractor to retain all data,boolcs,clOarnents and other records erecorde)relating to this Contract ,„ ;- ,.: -...-„, •.;',.,'" =;.5----,::-'-:;;•;--.•'f•st,-;gt-,.;:.. for a period of five(5)yea,s after completion of this Contract or any Job Order issued hereunder. This :.-=',•- '", •.' i'..- . = - "-`=:-,i`..1•-•;•,5"- •-.-. includes all books and other evidence bearing on Contractors coats and et:vetoes under this Centred i."-.''.:::"'- "::--' "-i.-"----- .-'••'t;'"' ',-:".-"''''''•-"'''-` or the Job Order. All records shall be subject to Inspection and audit by the Owner al reason times, _t,-7-= : .--.-.. without cost to Owner.Upon request,Contractor shall prtxtual the original ofW or 11 flii Itch mood&if --.. -:'T--' '': •• '' ,•:. '' - approved by Owner,photographs,microphotographs a-arty authentic reproductions may be mairdained .:7.-".!,- . . - -..'",.:'"-",.!1.--'; '-'•=:: *.: fredead of original records and documents, If an audit or a compiianoe review has been announce , ---: ---. -; • --"-. ',.....:-;-,.....' . ' Contractor shall retain its records and accounts until such audit or compliance review has been p-. completed. IN WITNESS WHEREOF,Owner and Contractor have executed and delivered this Contract effective as --''' ' --" of the date identified above. --;.::..? '. .- -. -', : - • OWNER By: " ofP ur - n4A Exomlç erCoj ' -` .Y.` --" - •-•".. ':-'-' :' •- . .Nertle:_42Idlattle Date - ' - Tttle:GEO)Execulive Director • •:- '• "'i•' •'-". 2•-•''- ' • - -, CONTRACTOR . - By: SETFJC Facilities A Maintenance I,LC , . . • _ -- NarneL-Niths Date c'=.•Vi•-.-„q-.A.:74,1"-;1.,l1.-,...4;4,-.3;i:C.,:1„;::-.•: -. •-,..z.•.t ,Atze cr.$ ..-o•-• -• 4/-7-_.--',•••.‘ i•r- Titltrignsi i.k•••-;.•..-...,-,,,:e-, ... .,,....ew h-....i.,i,..5f,p., -• ,,,.i 1';2...* .4,J. .Y.:...t;fijk f 4ift....454427i4-1' '‘4!'..fAINtriiti ii N':r. •, L'' ;t:.. i c x,,.-..,.::4:.:,11.4t"i...,',dc",4 vpst,,,.,..*.,3,..,,,:f-k..,.,.'... ,i; ,4t,'.',-4. t.'.."1.1 fa,-,fim.i...„ -,,y,,,..4.144,.;4,,,,I,,,•„.7.,:.i.;1„,z, z..,,i)• 22 f1-7,.,,4t10.&7•-•,,I.7.,,, 7"04,, ki.A*-fi,3.Z.i:;•-•"...."...• '164-F:,,,- .g .*4 : :Alkt?.,,..1;,-f.,;--1,\. 44,i-1-441,;14.1.-01:4."..,• v -,F - ‘,se'%11-44.11-0-1,.c. ; rki • • i.. r 4 x A , .. `7Tef ..�w a yT.c The�y�.�,�y��� p 't i '^�^•�W o._is ate", pord by reference for ail prtrPooes: •1 Y y Eti„}m'. Qr M ( t X t- ATTJICHMEj A Job OrderForrt� > - f ` ATTACHMENT 8. Prevailing Wage Rues r :t ''` • �.; f F• F .s,yi e � 5.?e . ' ;aTx a�r � 3a.'1 •.:-o bi' r f 3= c"J cr t fi ?�.,x mot. �hk Y,t kv-; 7! i�.iiu k } '4 J�, •§. '..yk!"c��.{fir,... , it „ :;.. ,,_.: 'a C} i J •�i +. , c; yam A � s -..J r }(y vtor 4L •N i f 'A" . ,its i S ' f rrj a`: L ,13f�' .,t +. g c :� t► r 4 r`) i P:i4j'?,..;;;.filgs!‘:...iii4 R..,t-S ii' : t ATTACHMENT A ;.At3 .'.y • d ' "' Js �>- i AmstmEN This Job Order is subject to all terms and E�� ; x. -'�z.. City Jconditions of the Master ContractConnect") .s� orb Artlini Section 4A Economic Development Corporation between the i, 7� ,n •,� xJ 1 a� a cob Caobacloc)dated (Owner)end. }+ went or motion of this Job Order must be in writing and signed by both s.shall become pert of the Contract upon execution by Owner Any i �� :b•. 1. azzgama,'The weed Week shall include: _ C— :,t4.•rt;_T.sr:c..;..z.z!:47_„4vt4:'r::.:: .--___ . zli.w*T.r..v).,,; .1*.c.:::::;',.v-c: •...,1,1"-,41,::,-. —.- — — _ - --- ry f x Yi 1 ,t If applicable,ray additional agreed Work,technical drawingsshall be as `' Joh Order Proposal attached hereto as Exhibit 1, specifications,and/orset forth and listed in the + t-j, f ;1 Deadtive for Pcrformwnm Job Order Contractor complete pQrformemre of the Work.apecrfied Lenin > n r�r + or before e. 3 as defined in Master.Contract,shall be Jos agree that the'per day'ar ini far Liquidated rFr lt •11.t * �p; me date de which both - _. The Date of Commencement is:[select one] ?fir -°.-t~ a t c parties duly execute this Job Order or will b`fixed in a Notice to Proceed r by de Owner. issued c; 4 $ '; 3 Elm.of Pertorasamr Coetrador shall perform the Work specified herein as the Poll location(s) ` 'following oo(s1 ,..: 4. d Total�irx The parties hereby agree that the Total Price fax all Wort wader this Job Order is -•!, _ .' i __,as sptzified in the Job Older Proposal aged Lento ''t�,S� -`'�' � ':Y�_�=y• s � .as Exhibit 1. 5. Owner's.tt+tp�xized Representative. Owner's 111 I. . . hp.� „4•' 'r•ti ender this lob Order is: arrtbot�dseatanvc u°f�Y completed Work �� "r yr l o }rf +,s 4- t AUTHORIZED AND ACCEPTED: t �cy , 4 t .r+ ti c JOB ORDER CONTRACTOR/6ETER FACf117TFS h1U1ATIZMANCE,1.I C P ^r0 <e ' p t 9}I kl'A Y — _ late: ..i. iJ �„��}� K� Name: ,+iai 1 s+ rf 'F y� ?#s Titles s�3 # S!� hV s,r r OR 1�R1CiTY OF PORT AR t.f41?4t{4.s--" k; '- u;� :Ti ;,31:;,.. THUR SECTION 4A ECONOMIC DEVEI.OPMENT CORPORATION # l + 'i'`�i:. y" "t -y+ f `t{.; .i.ji%ar Y i.-?, 2_f, r {' P' ,L�'-j: y i4 r ;;�'. fit.' .A' s1b 1k r•E Date: 4, o��: :. Name: i t , ?ter 1 F... r .-?.'�i'7nYMTV . ,*t .. , +.,. _ Title: x•ili•r '�:�v'°ati�•^''t .,�"`t �. ,;?'Y j.•=• EXHIBIT A: r`Kr' k t't art r ,+4i:Y r Contractor's IoL Order Proposal,dated s {�sA° r L" li ,t f ''-: ; t r 3 ar t -T -12 r1`: i ,M 1. .G `'t :jam'., ea ri ,z , -4_ aiF,-4F,tz r "a t.r N ' (I) (") i ., , 'y sr •••• '.."-- ; ..;%••:‘.."•t7; s% " ,1:'t".0-'4'..:rt•t‘?..i. -r.:•,..'...-;,:-.r...4.i••'':,,..1 e."-i.:ii .- ..,..7.•-- ' _----•'-z- •- '......,---;',S%..•.••'.. .:7-.:-.4,-...,,.:: :‘, - :••. ME i, J';,-''1.......•..,....'-,-,-''i..s'.'::.1''1'A•,4k)::-',-: c ,t..;,"..;''",•t r-'.c:•"4.-5.,'P..I--;•„-.i-,;e.•,•.!.c•3.•.‘.-,-.o ;ATTACHNTE fr 4;, - -.1-.,',,4,,/"77%t"'•;s4::_'.,.e,.F,s4-4•^-.,",A a 0 I ADOPTEDRAUNG WAGE RATES ,- - 2T ; '." • .7- i-...;...-i.,,,,,,,„_-• '4...„,,,,-.:......,_,. -.,-. --,;4)1..27.-..-i'..;?..„..:, r;e- ., it.:%,,:r:. ,..•,- . -;-:'-•1 ''%14 4 •., .• : 41.-- ..vs:;•-..•c--0.7--.."--W1. '-....- , ,..."'. .•.z.--,,,,,...:,- i----,--• . -,....'....117,,L2 , 1-, ., , -.,,e,:--.,.1 t, . .•., *- ..--,.1,--:"4-'7 u. ir..._ft,','.•,..-,-1',F,`':-:*',:i,,..".': - *...--'i'..'7Z'7;4:/,.,J " Yi-- 4 ...,*- -,.: .."-,7''''t'e,"..,-•- ,-...-V',``..: eti‘x-'41•4„;',4',E.A.'.%1:4*-244-14"7",7;',,',-**.:,-.414,1_4-f.,.i; t"1', ....+*i.,-.,j1.":.7._"'"4.7 •":-.,::.`4-',",",^ZA.,/, 2• *••r:"'t;*,..7174...%:,,";:-,,":"..(4; ,,..-';-4',-;r4 41"' .;,.t.....?-•-4,, .'.'.... ilt; 4:.. ,,,-, ..k."1 !*..1,,4„:.:711.. . ,1-• AittV":".rotAtiot.SMitr..;;;-`';',',i41;:iWe'.:,'4 A•i ir-,,:r.",441;;Y:.•'.;..f.•.:-'-': :. 10 .C.Ifi-kTILIC:i.,,,,,%414•4•Are. 1. .'- 7, R 1•i,. ti '---'-•'-' *•;;Ae... .:=..,.. -- .ve-,,tz, --4 '..,; 5, .i-n., F.,... Jr,,7 7,„.,.,, ,'''',7:„."1",•:.;',-,..,,:,.::-.1.,131,,',IT,. S. 4;.-4,,,c_It'bl: •*Kti.,:-_ ,rt ;c1,,.+7,-- e -•ift,-,s,,flid 4• ,:4;' jc::''''='‘, 4• -.... _. k4„.1-; _---, (- ' , 0.; .., --s:‘,..s.:,.. -4;1'4., ' 1.? , -.*5.'-t tltt 'sc. A,,' -;„ -..,!-.T.,,-.:„1.;:. *1, I 4, :. • .,. , iti „,,,, -4;ti.+77.:'--- i ,-,..-4.n....-:.,:::: ,..4.. 1,,,,,,,,,....-,..$4,,i, ..,r,4,:.-, - . ,,, -1.;:to.......,,-,..,,z( ..,..-.:..,,,,. I 4,-. 7,i...,-,,,,„erp .*_,,p:51,..e. .e....: •i,..:5-: .1. E,a.1,..111.S44,_.4"e„... 11 ...1.,.,14.60.-eg.if f.,!..r :"• • •t'ir:,,,,,%;•-.1,-,Pz-gry,...!--.W..1.,,..,..,,.,-•...-2.,:-I .. I 're-4f ea!'-:2 P.s i'i--',.: : r,.,t/fi - - ils'e.: .',•;- : i tr... , 4.,..7.4.i„..• -..... h.„., h.,. :•,.. _fa:. ,_,....• . . , -,r.F-st;'. i •I'-''''''Ii ," * ki.v.**.tte r--..-- • r li-,1,,, , , • 41, -.....4... *-- --4 -,t".•..: 1 rta:17.75.1,4;1.0.--'':111211'.. cr ...e..*'44.1.-:..N,,,A.', - t,'.r.,:...ticz.ZirAiri..2 Wilt ?. ...Vd*:1 A14 . , 'rel4 It':4:::;.* .11. •!..„1:,..!--*ii.!,1-7-." ,--4-;Y:'' .''t''-k'.".1•-f?-'•:: 4..-•':1:-W' ficr,4‘-t.;411:3-,.;,.43'• 37.'-:"'1,.••"*. -73...),„•'".,7- P4: -i-iikit'll,_.--1:' 4„ .--,i1--,,,,,,,rr..,..;,!... - •sts... .i.o:,,.;--iNt.4_.....t‘... b.,;1'-4...4-7:..-*:.it l''''. .,,,,4r+v•• 1;7.-,-... • • • . • Exhibit „B „ ..........44.47 _ _ , . .. re„, „......5,4,., sE . , ____:_mck Sbangtr In Construction" Mang Add . P.O.BOX 20658 Beaumont Texas 77720-0658 November 2,2020 ®'( I are s�sv Mr.Floyd Batiste S ( )842-2274 Port Arthur Ecorwmlc Development Corp. it isfegeasesetoonetruerion .ten, 501 Proctor St , ,,, Port Arthur,Texas 77640 la setexconstructbn General Contracting "Center fornm ,and Business Deye p r° Subject "Build out at PI and 21'dFloors Phase 2" ,tab Ober Contracting Dear Mr.Batiste, We Faces Maintenance Choicear e Pa pleaaed to subm T is orrough order at magnitude utilizing our 20,017MR-17 Contractbased on local CCJ and our coefficient of.89. Commercial PronosaUBuda . I_ id Industrial • Concrete and Demo • Steel and Erection • Roofing and Waterproofing • Doors,frames and Hardware Government • Casework and Tops •• C try Drywall and HeimCo • Flooring and Tile • Pelntilg and Finish • Specialties infrastructure • Operable Partitions • Fire Spriniders • Plumbing • HVAC Corporate • Electrical • Fire Alarm EducationProposal Cost $ 1,337,276.00 Contingency $ 35,724A0 Bond(If applicable) $ 17 t300g Performing Ads Total Price $ 1,430,O00.00 Historical sE__:TLFlr • FACILfTTES&IIEAJMT A# 'Strength in Construction" Meiling Address. P.O.Box 20659 Beaumont Texas 77720-0858 € � Unforeseen items beyond specified scope listed above, overtime, and liquidated a (409)842-fifer damages. 1409)8424274 "�°�'� We estimate approximately completion on July 31,2021. satexecestruclloncani This pricing is based on recommended work hours of Monday On Friday 7:00 am to 5:00 pm. Once accepted this proposal turns into a lump sum contract Please General Contracting us at 409-842-8181 at your convenience to discuss this estimate. contact Job Order Contracting Respectfully submitted, S Psyllium Maintenance,LLC. Facr7,ies Maintenance (1_,„-/Ji Shell Project Manager cc Sun CommerefaJ ° °New Wars, Leman-Lem ,ciy Gas& FtoYd eg.a Pao most reed 561104 e MOM Am"'rye incknirlal Government Healthcare Infrastructure Corporate Education Performing Arts Historical Exhibit Exhi LE yr F1aCILtTlea i IiArlrrEllA# Tbangth in Consbuc an' Malin g AdAsss• P.O.Box 37658 Besismont Texas 77720-0658 November 2,2020 ( 1842-er8r Mr. Floyd Batiste (4)842-2 s Port Arthur Economic Development Corp. • °' moon, 501 Proctor St aatexconeinzilon.com Port Arthur,Texas 77640 General Contrasting Project prior Community and Business Development" Subject 4Second(249 Elevator Addition"' Jot Order Contracting Dear Mr. Batiste, Fealties Maintenance We are pied to submit our rough order of magnitude utilizing rs JCC Texas Contract based on local CCI and our our coefficient ooeT�cierrt of.68. Vidal Bu, 'ragfial Reca� . lndustne/ • Concrete and Demo • Steel and Erection • Roofing and Waterproofing Government • Drywall and Finishing • Elevator Flooring • Painting and Finish Hearthcam • Elevator • Fire Sprinklers • Plumbing • HVAC Infrastructure • Electrical • Fire Alarm CorporateProposal Cost S 160,000.00 Contingency $ 7,500.00 Education Bond Of applicable) 00 Total Price $ 170,000.00 Perfonning Arts Historical to-N FACIILMEStMAINTIMANCE Strength rn Construction' Awing Addritss, P.O.Box 20858 . Beaumont Texas 77720-0658 Unforeseen items beyond specified scope listed above, overtime, and Ilquidated 23 (409)842-6181 d8 mages. 'e NCI tr42-2274 We corn estimate approximately completion on July 31,2021. O setexconstruction.com This pricing is based on recommended work hours of M General thru Friday 7;00 am to 5:00 pm. Once accepted this proposal turns Into a lump contracts Please contact �e us at 409-842-8181 at your conwenienoe to discuss this estimate. ,lot,Order Contracting Respectfully submitted. Faclllltes d Atafntenarxae,LLC. Faca►181ss Maintenance Jim Shed -- � Project Manager ce mans CommercialNMM seam moi twine. modson.Rc V Bsysy.Mk Wide.Todd Wid Tadd$1Fmon.Mr,Farb' 20411217 Industrial Government Healthcare Infrastructure Corporate Educatkm Performing Arts Historical EXHIBIT "B" Rage 5 / T Master Job Order Contract This Job Order Contract("Contract')is made by and between the City of Port Arthur Section 4A Economic Development Corporation, a political subdivision of the state of Texas, Procter Street, Suite 100, Port Arthur, Texas 77640, and SETEX Facilitie whose Maintenance, LLC, wh se main office addr ra main office address is 501 is 1660 S 23 Street, Beaumont Texas 77707 for Job Order Contractingwhose effective as of " , a �in;�tj(date). Services, RECITALS Whereas, Owner is in need of job order contracting services; and Whereas, this Contract is for the provision of job order contracting services, to be performed on exclusive, indefinite quantity basis,as requested by Owner, in accordance with the terms a non- Whereas, Contractor has beenprocured of this Contract; Department of Education("HCDE" hice PartnerJsoContract Contractor 0/0 7MR-17nand is available toCounty through the Choice Partners purchasing cooperative as6 Owner Texas Government Code;and permitted by Subchapter 1, Chapter 2269 of the Whereas, Contractor represents that he has the knowledge, ability, skills and resource job order contracting services in accordance with the terms and requirements of this ContractProvide such NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Contra the receipt and sufficiency of which are hereby acknowledged, Owner and Contractor, intendingto be legally bound, hereby agree as follows: 1• DEFINITIONS 1.1 The term"Owner"means the City of Port Arthur Section 4A Economic and includes Owners duly authorized representative, including anyDevelopment for Owner by executing the Contract and anymodification person s Corporation thereto. specifically authorized to act of the Contract, including the issuance of Job Order(s) and modifications and assessing Owner's duties include administration inspecting and periodically reporting on such performance and progress duringthe state progress; performance, and finally certifying as to the acceptance of the Work in its entirety or anyportion�� of as required by the Contract. thereof, 1.2 The term"Contractor"means SETEX Facilities& Maintenance, LLC and includes Contractor's senior mana9er or its duly authorized representative, including for Contractor by executing the Contract and any any person specifically authorized tocl act administration of the Contract and performance of te modifications cetions thereto. Contractors duties include 1.3 The term "Contract' as used herein means the documents that form the agreement between Owner and Contractor. The Contract consists of this agreement, including its exhibits and any g modifications thereto,any Job Order(s)that may be issued, Choice Partners Contract#20/017MR-17,and Contractor's proposal submitted in response to the solicitation issued by HCDE/Choice Partners for Choice Partners Contract#20/017MR-17, which are fully incorporated herein for any and all purposes. 1.4 The term"Subcontract"as used herein means any agreement than one involving an employer-employee relationship)entered o bC Contractor calling for equipment, (other ment,supplies or services required for Contract performance, including any by thereto. equipment, 1.5 The term "job order means , repair, alteration, remediation or minor construction of a facility when the works'ntenance of a recurring nature but the delire y times, type,and quantities of the work required are indefinite. very times, 1 SC NED f�f 1.6 The term "Job Order" means a specific written agreement between the Owner and the Contractor for Work to be performed under this Contract, in the form of Attachment A hereto. 1.7 The term °Unit Price Guide"means the unit price book specified by HCDE/Choice Partners in the procurement of Choice Partners Contract##20/017MR-17. 1.8 The term "Coefficient Multiplier" means the numerical factor required to be applied pursuant to Contractor's award under Choice Partners Contract##20/017MR-17 which is applied to the Unit Price Guide unit prices to cover all of Contractor's costs in performing the Work of a Job Order. 1.9 The term 'Non-Pre-priced items" means the necessary, but incidental, parts of a Job Order that are not susceptible to unit pricing using the pre-priced tasks in the Unit Price Guide. 1.10 The term"Worts'means the doing of all things described in, reasonably related to,and necessary, proper, or incidental to the work and services required by this Contract and/or a Job Order, whether in whole or in part,and includes all labor, materials,tools, resources,supplies,equipment, permits,insurance, transportation, supervision, management, operations, and performance of all tasks provided or to be provided by Contractor to fulfill Contractor's obligations under this Contract, including any specific project requirements defined and further described in any Job Order. 1.11 The term"pre•priced item"means pre-described and pre-priced tasks based on a unit price guide and coefficient multiplier. Il. TERM OF AGREEMENT 2.1 Tegn The initial term of this Contract is one(1)year and shall be effective Ltheitat(date) through L !'ol 2002 I(date). Owner may exercise renewal options terms, in Owner's sole discretion, provided that Contractor is still an eligible vendors under additional Choice Partners purchasing cooperative. Job Orders may be issued at any time during the term of this Contract. This Contract will remain in full force and effect during the performance of any Job Order issued by Owner. 2.2 Completion of Work in Progress: Owner has the option to extend the term of this Contract,or any renewal period, as necessary for Contractor to complete work on any Job Order approved by Owner prior to the expiration of the Contract. ill. AUTHORIZED CONTRACT SUM 3.1 Contract Sum:The maximum aggregate contract expenditures for the initial one(1)year term is $1,600,000.The cost of each specifically authorized Job Order will be established in a"Job Order"issued by Owner and executed by Owner and Contractor. Established cost amounts shall not be increased except by written change order to a previously issued Job Order executed by Owner and Contractor. Ae required by Texas Government Code Section 2269.403, the Owner's Board of Trustees must approve any Job Order that exceeds$500,000. The Owner's Board of Trustees may be required to authorize Job Orders for lesser amounts as required by local Board policy. 3.2 No Minimum Amount of Work: It is expressly understood that Owner is under no obligation to request any services from Contractor and no minimum amount of work is required under this Contract. All service requests will be made by Owner on an as-needed basis, subject to future agreement on the scope of the work and its cost(s); detailed in a specific Job Order. IV. SPECIFICATIONS AND DRAWINGS 4.1 Retention of Drawings:Contractor shall keep on the Work site a copy of any drawings and/or specifications for a Job Order and shall at all times give Owner access thereto.Anything mentioned in the 2 ( ) specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of differences between drawings and specifications, the drawings shall govern. In case of discrepancy, either in the figures, drawings,or the specifications, the matter shall be promptly submitted to Owner,who shall promptly make a determination in writing regarding such discrepancy. Any adjustment by Contractor without such prior written determination shall be at Contractor's own risk and expense and without any liability to Owner for any adjustment made by Contractor, Owner shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. 4.2 Shop Drawings: Shop drawings means drawings submitted to Owner by Contractor showing in detail: a. the proposed fabrication and assembly of structural elements; b. the installation (i.e., form, fit and attachment details)of materials or equipment; and c. the construction and detailing of elements of the Work. Shop drawings include sketches, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by Contractor to explain specific portions of the Work. Owner may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under the Contract. 4.3 Contractor shall coordinate all shop drawings,and review them for accuracy,completeness,and compliance with Contract and Job Order requirements and shall Indicate its approval thereon as evidence of such,coordination and review. Owner will indicate its approval or disapproval of the shop drawings in writing and if not approved as submitted shall indicate Owners reasons therefore.Any work done before such prior written approval by Owner shall be at Contractor's own risk and without any liability whatsoever to Owner. 4.3 Contractor shall submit to Owner for approval in writing an appropriate number of copies of all shop drawings. Sets of all shop drawings will be retained by Owner and one set will be returned to Contractor. 4.4 "As-built" Drawings and Shop Manuals: Contractor is required to submit two complete sets of "as-built'drawings to Contractor within 30 days after project acceptance. "As builds"shall be submitted on paper as well as electronically. Contractor must also submit three copies of shop manuals at that time if equipment has been installed as part of the Job Order. 4.5 Omissions from the drawings or specifications or the incorrect description of details of work which are manifestly necessary to carry out the intent of the drawings and specifications shall not relieve Contractor from performing such omitted or incorrectly described details of the Work. 4.6 Contractor shall check all of Owner's furnished drawings immediately upon receipt and shall promptly notify Owner of any discrepancies. Figures marked on drawings shall be followed in preference to scale measurements. Large scale drawings shall govern small scale drawings. Contractor shall compare all drawings and verify the figures before laying out the Work and will be responsible for any errors which might have been avoided thereby. V. USE OF SPECIFICATIONS,DRAWINGS AND NOTES 5.1 All drawings (to include as-built drawings), sketches, designs, design data, specifications, note books, technical and scientific data provided to Contractor or developed by Contractor pursuant to the Contract and all photographs, negatives, reports, findings, recommendations, data and memoranda of 3 every description relating thereto, as well as all copies of the foregoing relating to the Work or any part thereof, shall be the property of Owner and may be used by Owner without any claim by Contractor for additional compensation, unless such material developed by Contractor does not result in an issued Job Order. In such cases, Contractor will receive reasonable reimbursement for the development of such materials before Owner uses them in any manner whatsoever. If Owner chooses not to use such materials and no Job Order was issued, Contractor shall not be entitled to any compensation by Owner for any expenses incurred by Contractor for the preparation or development of any of said materials, which includes any and all general overhead costs for preparation of the materials. VI. MATERIAL AND WORKMANSHIP 6.1 All equipment, material, and articles incorporated in the Work covered by this Contract shaft be new and of the most suitable grade for the purpose intended, unless otherwise s Job Order.References in the Job Order and/or its specifications to equipment, matte al atrticle or providlatein the n patented process by trade name, make, or catalog number,shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. 6.2 Contractor shall obtain Owner's prior written a proval of theand mechanical and other equipment to be incorporated into the Work. When rrequesting approval,machInery Contractor shall furnish to Owner in writing the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment.When required by the Contract or by Owner, Contractor shall also obtain Owner's written approval of the material or articles which Contractor contemplates incorporating into the Work. When requesting approval, Job Order Contractor shall provide full information concerning the material or articles. Machinery, material and articles that do not have the equipment,t the Contractor's risk of subsequent rejectionua d Owner shallbeby liable able for ner shall be yncoslts di or used ncurred by Contractor for said Machinery, equipment, material,articles. VII. CONTRACTOR'S GENERAL RESPONSIBILITIES 7.1 in General: Contractor agrees to provide general and specific job order contracting services on a per-project basis as requested by Owner in accordance with the terms of this Contract. Contractor shall furnish all of the materials and perform all of the Work described in a Job Order. Contractor shall do everything required by this Contract, the Job Order and any other requirements incorporated into this agreement or a specific Job Order by reference. 7.2 Project Manager: Contractor shall manage and provide all labor and material necessary and reasonably inferable for the complete performance of the Work on any project and/or Job Order authorized pursuant to this Contract. 7.3 Standard of Care: Contractor agrees to use commercially reasonable best efforts, skill, judgment,and abilities to perform the Work detailed in the Job Order in an expeditious and timely manner. Contractor shall at all times provide a sufficient number of qualified, skilled personnel, supervised by Contractor, to accomplish the Work within the time limits set forth inthe Job Order Contractor shall also be responsible for all damages to persons or property that occur as a result of Contractor's fault or negligence,and shall take proper safety and health precautions to protect the Work, the workers, the public,and the property of others. All Work under the Contract shall be performed in a skillful and.workmanlike manner. Contractor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract and all Word detailed in a Job Order. Unless otherwise specified in a Job Order, Contractor shall be responsible for any required testing of materials prior to incorporation into the Work. 7.4 Compliance with Laws: Contractor shall comply with all applicable federal, state, and local laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction over the project detailed in the Job. Order. Contractor shall comply with all state and local building code requirements unless otherwise specifically detailed in the Job Order. Contractor is required to adhere to 4 1 r all applicable local, state, and national design codes and requirements as well as Owner's construction design standards. 7.5 Existing Conditions: Contractor shall use commercially reasonable best efforts to verify the accuracy and suitability of any drawings, plans, sketches, instructions, information, requirements, procedures, requests for action, and other data supplied to Contractor by Owner, or any other party, that Contractor uses for the Job Order. 7.6 Correction of Work:Contractor shall promptly correct any known or discovered error,omission, or other defect in the Work without any additional cost or expense to Owner. 7.7 Phasing: Contractor shall not proceed beyond any a project unless authorized by Owner in writing,except at the Contractor's own financial risk. plica for phases of the scope of work shall be identified in the Job Order Proposal. Applicable 7.8 Representative: Contractor shall designate a representative primarily responsible for the Work under this Contract and a specific Job Order. The designated representative shall act on behalf of Contractor with respect to all phases of the Work and shall be available as required for the benefit of any Job Order and Owner. The designated representative shall not be changed without prior written approval of Owner,which approval shall not be unreasonably withheld. 7.9 Documentation: Contractor shall fully document its project activities, in drawings, reports or other methods as appropriate to the scope of work and as identified in the Job Order Proposal and/or Job Order. Unless otherwise stated in the Job Order or provided by Owner, Contractor shall bear the cost of providing all plans, specifications and other documents used by Contractor and its consultants. Owner will reimburse Contractor for the actual, documented costs of construction the performance of the Work as s permits required for Contractor shall secure and pay for allgo eimm ntalbfes, licenses, and inspections rder. Unless otherwise necessa the Job for the proper execution and completion of the Work. necessary 7.10 Contractor shall be responsible for compliance with all safety rules and regulations of the Federal Occupational Safety and Health Act of 1970(OSHA), all applicable state and local laws, ordinances, and regulations during the performance of the Work. Contractor shall indemnify Owner for fines, penalties, and corrective measures that result from the acts of commission or omission of Contractor, its subcontractors, if any, agents, employees,and assigns and its failure to comply with such safety rules and regulations. VIIi. JOB ORDER PROCEDURES 8.1 Job Order Procedures a. At Owner's discretion, Owner will submit a Job Order Proposal Request to Contractor for the individual project(s). This request will include, at a minimum, the following: project number, project title, name of Owner's project manager, Owner's customer int of conta location,the project architect and/or engineer,if any,and a general description of of the project If a Job Order requires architectural or engineering services that constitute the practice of architecture or engineering within the meanings of the Texas Occupations Code, Owner shall select or designate an architect or engineer to prepare the construction documents for the project. b. Upon receipt of the Job Order Proposal Request, Contractor shall promptly schedule a site visit with the Owner's project manager.The site visit will be conducted at a mutually agreed upon time, normally not later than three(3)business days from the time of notification. c. During the site visit,the following will be accomplished: 1. Pre-construction site inspection 2. Review and validate the description of work 5 3. Develop draft detailed statement of work 4. Mark-up existing drawings to show required work (when existing drawings are readily available) 5. Discuss project with end-user customer,ensure proposed work meets their objectives 6. Establish Contractor's due date for the Job Order Proposal d. Contractor will keep adequate notes of the site visit, including a before picture, in color, of the conditions, and provide a copy to Owner following completion of the site visit. e. Contractor shall submit Contractor's Job Order Proposal within three(3)business days of receipt of Owner's Job Order Proposal Request. Contractor's Job Order Proposal shall include the following: i. A narrative description of Contractor's understanding of the project's scope of work; ii. A description of particular phases of the scope of the work; iii. A cost proposal detailing: 1. the cost of the 'pre-priced' items as taken from the unit price guide (The cost proposal for each Job Order should be based substantially on the use of pre- priced items); 2. the cost of any 'non-pre-priced' items (The proposed cost of all non-pre-priced items in the cost proposal shall include all of Contractor's cost items otherwise included in the coefficient multiplier used for pre-priced items. No coefficient multiplier shall be applied to non-pre-priced items; 3. any other costs that the Contactor intends to charge to the project(Note that other costs include extraordinary costs that are unique to a specific project and not generally or reasonably included in the coefficient multiplier, other costs may be added only if authorized or confirmed in writing by Owner. Other costs may be calculated as a lump sum for the Job Order or on a"not to exceed"basis.); 4. a statement that all Contractor fees,overhead expenses and general conditions are included in the cost proposal;and 5. a lump sum figure for performing the Work, if appropriate; iv. A description of all plans,specifications and other documents,including construction permits, to be used by Contractor in the performance of the Work; v. A proposed time schedule showing the sequence in which Contractor proposes to perform the Work and dates on which Contractor proposes to complete each phase of the scope of the work, including a proposed date to commence the Work and a proposed completion date of the Job Order. vi. If required by Owner, Contractor must submit a schedule chart, which may be a formal computerized schedule or a progress chart in a bar chart format of suitable scale to indicate appropriately the percentage of Work scheduled for completion by any given date during the period. The schedule chart, if required, must contain: a. A list of the different types of work activities or work elements. b. Show the logical dependencies (ties) to indicate what Work must be accomplished before other Work can begin. c. Include proposed start and completion dates or time frames for each work activity or work element. d. Calculate the "weighting" or relative worth each work activity or work element is of the total project either as a percentage or dollar amount, e. Proposed traffic control methods providing all necessary traffic control,such as street blockages,traffic cones,flagmen,etc. vii. Contractor's designated representative primarily responsible for the Work; viii. A list of all subcontractors who Contractor proposes to use in the performance of the Work; ix. Any qualifications or conditions applicable to the Job Order Proposal;and 6 rst f. After Contractor's submission of its Job Order Proposal, Owner will review the Job Order Proposal and either proceed to issuance of a Job Order or schedule a time to review the Job Order Proposal with Contractor and negotiate any changes, clarifications or modifications. g. Following the review of Contractor's Job Order Proposal, Owner shall issue Job Order in writing, in a form materially consistent with Attachment A hereto, incorporating any changes, clarifications or modifications to Contractor's Job Order Proposal made in the review process, and attaching the final Job Order Proposal as an exhibit. h. Once issued,the Job Order is a not to exceed contract amount for the Job Order.No line item will be added to a Job Order because a line item was excluded by Contractor in Contractors Job Order Proposal or draft or final Job Order; however, the Owner shall have no obligation to pay for goods or services contained in the Job Order Proposal that are not provided. i. Notice to Proceed:If a Commence Date is not stated in the specific Job Order,Owner shall issue a written Notice to Proceed.The Notice to Proceed authorizes the Contractor to begin the Work identified in the Job Order on the date fixed in the Notice to Proceed. Upon the Commencement Date specified in the Job Order or Notice to Proceed, Contractor is fully responsible for the scheduling, quality control, safety, and all other aspects of the management of the project detailed in the Job Order. Owner may make periodic inspections of the job site to ensure compliance; however, quality control is ultimately the Contractor's responsibility. j. Subcontractors: If Contractor utilizes subcontractors to perform Work, prior to any such subcontractor entering in or on the premises of Owner, to provide to both owner and its representative designated in Section 9.1 of this Contract of said subcontract agreements. k. Quality Assurance/Quality Control Plan: If requested by the Owner for a particular Job Order,Contractor shall submit,for Owner approval,a Quality Assurance/Quality Control Plan. This plan should address all aspects of quality control including responsibility for surveillance of work, documentation, trend analysis, corrective action and interface with the Owner's inspectors. I. Weekly Reports: Contractor is required to submit weekly progress reports on each active Job Order electronically or in paper form to Owner at the end of each work week,which shall include a current schedule. m. Pay Request/Invoices: Upon presentation by.Contractor of any pay request/invoice for payment pursuant to the terms of this Contract, such pay request/invoice shall be provided to Owner and Owner's representative specified in Section 9.1 of this Contract. Contractor acknowledges that Owner's representative is duly authorized to inspect any and all Work invoiced or submitted for pay request by Owner, and Contractor shall provide in addition to its pay request/invoice copies of any and all pay request/invoices from subcontractors made a portion of a requested pay request/invoice from Contractor to Owner. Owner also acknowledges that Contractor has the right to review and approve pay request,invoices from subcontractors on behalf of Owner. n. Schedule: Time is of the essence in rendering the services hereunder. The Job Order shall include a time schedule for each phase of the Work for the Job Order,and Contractor agrees to perform all obligations and render services in accordance with the schedule(s)established in the Job Order. In emergency or non-standard situations, Owner may require Contractor to complete a Job Order on an expedited basis. Ali Job Orders are to be completed within the timelines agreed to by Owner and Contractor as detailed in the Job Order. If Contractor 7 falls behind the schedule detailed in the Job Order, Contractor shall take steps necessary to improve its progress, including those that may be reasonably required by Owner. Without additional cost to Owner, Owner may require Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant or equipment, and to submit for approval any supplementary schedule or schedules in chart form as Owner deems necessary to demonstrate how the approved rate of progress will be regained. o. Emergency Work: Contractor will give top priority to any emergency work Owner may have and will allocate all resources necessary to accomplish such work in accordance with Owner's schedule requirements. IX. OWNER'S RESPONSIBILITIES 9.1 Representative: Owner designates the Alam Ferias, Powers Brown Architecture of Texas, LLC or his/her designee as its representative authorized to act in Owner's behalf with respect to the Job Order(s). Contractor shall coordinate its work solely through the designated representative. 9.2 Special Information: Unless otherwise detailed herein or in the Job Order, Owner shall furnish available any relevant property, boundary, easement, right-of-way, topographic and utility surveys; plans and specifications; and other special data and conditions relevant to the project. Owner makes no warranties or representations as to the accuracy or suitability of information provided to Contractor by Owner or by others. 9.3 Entry on Land:Owner shall assist Contractor in gaining entry to Owner's property as necessary for Contractor to perform its services under this Contract. 9.4 Review of Work: Owner will review the Work in progress as appropriate. At the completion of the Job Order, Owner (or Owner's Architect/Engineer, if any)shall do a walk through to ensure that the Work is completed in accordance with the Job Order. Owner will notify Contractor in writing of any material error or omission or other defect in the Work or any conflict in the contract documents that Owner becomes aware of,but Owner shall have no obligation or duty to investigate whether such faults,defects,or conflicts exist. 9.6 Time for Response: Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of Contractor's services and of the Work. X. SiTE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 10.1 Contractor's acceptance of a Job Order entered into pursuant to this Contract shall constitute Contractor's acknowledgement that Contractor has taken steps reasonably necessary to ascertain the nature and location of the Work for the specific Job Order, and that Contractor has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to: a. Conditions bearing upon transportation, disposal, handling, and storage of materials; b. The availability of labor, water, electric power,and roads; c. Uncertainties of weather, river stages,tides, or similar physical conditions at the site; d. The conformation and conditions of the ground;and e. The character of equipment and facilities needed preliminary to and during work performance. 10.2 Contractor's acceptance of a Job Order entered into pursuant to this Contract shall.constitute Contractor's acknowledgement that Contractor has satisfied itself as to the character,quality,and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Owner, as 8 well as from the drawings and specifications made a g � part of this Contract. 10.3 Owner Furnished Utilities: Owner shall provide, at no cost to Contractor,wet and dry utilities and toilet facilities that are existing and available at each site for Work performed under the Job Order. If utilities and/or toilet facilities are not existing and available,the costs for such shall be included in the Job Order Proposal. It is the responsibility of Contractor to determine the extent to which existingre adequate for the needs of the Job Order. Owner utilities are 10.4 Asbestos Certification Statement:If required by Owner,Contractor shall provide a certification statement for each Job Order, stating that no asbestos-containing materials or work is included within the scope of the Job Order. If required by Owner, Contractor shall provide, at completion of the Job Order, a notarized affidavit to Owner stating that no asbestos-containing materials or work was provided, installed, furnished or added to the project. 10.5 If required, Owner shall provide a survey in accordance with the Texas Asbestos Health Protection Rules prior to the commencement date of the Job Order. Contractor shall take whatever measures he deems necessary to ensure that all.employees, suppliers, fabricators, material men, subcontractors,or their assigns,comply with this requirement. All materials used on a Job Order shall certified as non-Asbestos Containing Building Materials(ACBM). Contractor shall insure compliance w be ith the following acts from Contractor and all of Contractor's subcontractors and assigns: a. Asbestos Hazard Emergency Response Act(AHERA-40 CFR 763-99(7)); b. National Emission Standards for Hazardous Air Pollutants(NESHAP—EPA 40 CFR 61, National Emission Standard for Asbestos; c. Texas Asbestos Health Protection Rules(TAHRP—Tex_Admin. Code Title 25, Part 1, Ch. 295C,Asbestos Health Protection Every subcontractor shall provide a notarized statement that no ACBM has been used, provided, or left on a Job Order. Contractor shall provide, in hard copy and electronic form, all necessary material safety data sheets (MSDS) of all products used in the Job Order to the Texas Department of Health licensed inspector or Owner's architect or engineer, if any, who will compile the information from the MSDS and finding no asbestos in any of the product, make a certification statement. 10.6 Differing Site Conditions: Contractor shall promptly, and before the conditions are disturbed, give a written notice to Owner of: a. Subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract, or b. Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinariiy encountered and generally recognized as inherent in work of the character provided for in the Contract. 10.7 Investigation by Owner. Owner shall investigate the site conditions promptly after receiving the notice. If the conditions do materially differ and cause an increase or decrease in Contractor's cost or the time required for performing any part of the Work, an equitable adjustment shall be made and the Job Order modified in writing accordingly. 10.8 Equitable Adjustment: No request by Contractor for an equitable adjustment to the Job Order under this Article shall be allowed unless Contractor has given the written notice required. No request by Contractor for an equitable adjustment to the Job Order for differing site conditions shall be allowed if made after final payment under such Job Order. XI. INSPECTION OF CONSTRUCTION AND OWNER'S ACCEPTANCE OF WORK 1 9 II 11.1 Contractor Inspection System: Contractor shall maintain an adequate inspection system and perform such inspections as well as ensure that the Work called for conforms to the Job Order.Contractor shall maintain complete inspection records and make them available to Owner. All work is subject to inspection and testing by Owner at all places and at all reasonable times before final acceptance of the Work to ensure strict compliance with the terms of the Contract and the Job Order. 11.2 Owner's Satisfaction: All Work performed under Contractsatisfaction of Owner's representative assign d to the Job Order.'s Owner'srepresentative hallbe compltdecto t ide all all questions regarding Contractor's performance under the Contract and Job Order,and such decisions shall be final and conclusive. 11.3 Non-Conformance: Contractor shall, without charge, replace or correct Work found by Owner not to conform to a Job Order's requirements, unless Owner consents, in writing, to accept the Work with an appropriate adjustment in contract price. Contractor shall promptly segregate and remove rejected material from the premises, if required by Owner. 11.4 Failure to Conform: If Contractor does not promptly replace or correct rejected Work, Owner may: a. By contract or otherwise, replace or correct the Work and charge the cost to Contractor, and/or b. Terminate the Contractor for default upon seven (7)days written notice. 11.5 Liability: Owner's approval or acceptance of Contractor's Work shall not release Contractor from any liability for any defects in the Work. 11.6 Owner inspections and tests, if any, are for the sole benefit of Owner and do not: a. Relieve Contractor of responsibility for providing adequate quality control measures; b. Relieve Contractor of responsibility for damage to or loss of the material before acceptance; c. Constitute or imply acceptance;or d. Affect the continuing rights of Owner after acceptance of the complete work. 11.7 The presence or absence of an inspector does not relieve Contractor from any Contract or Job Order requirement, nor is the inspector authorized to change any term or condition of the Job Order without Owner's written authorization. 11.8 Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as ma be r by Owner. Owner may charge to Contractor any additional cost of inspectiony sgsined or test when Work is not n ready at the time specified by Contractor for inspection or test, or when prior rejection makes re- inspection or retest necessary. Owner shall perform all inspections and tests in a manner that will not unnecessarily delay the Work.Special,full size and performance tests shall be performed as described in the Job Order. 11.9 If, before acceptance of the entire Work, Owner decides to examine already-completed Work by removing it or tearing it out,Contractor,on request,shall promptly furnish all necessary facilities,labor, and material for this task. if the Work is found to be defective or nonconforming in any material respect due to the fault of Contractor or its Subcontractors, Contractor shall bear the expenses of the examination and of satisfactory reconstruction.However,if the Work is found to meet requirements,Owner shall make an equitable adjustment for the additional services involved in the examination and reconstruction including, if completion of the Work was thereby delayed, an extension of the period of time for performance. 11.10 Substantial Completion means the date on which the Work, or an agreed-upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Work or a portion thereof for its 10 — intended purposes. Unless otherwise specified in the Job Order, Owner shall accept, as promptly as Practicable after completion and inspection,all Work required by the Job Order or that portion of the Work Owner determines can be accepted separately.Acceptance shall be final and conclusive,except for latent defects, fraud, gross mistakes amounting to fraud, or Owner's rights under any warranty or guarantee. 11.11 Use and Possession Prior to Completion: Owner shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking work, Owner shall furnish Contractor a list of items of work remaining to be performed or corrected on those portions of the Work that Owner intends to take possession of or use. However,failure of Owner to list any item of work shall not relieve Contractor of responsibility for complying with the terms of this Contract or the Job Order. Owner possession or use shall not be deemed an acceptance of any work under this Contract. While Owner has such possession or use, Contractor shall be relieved of the responsibility for the loss of or damage to the Work resulting from Owners possession or use. If prior possession or use by Owner delays the progress of the Work or causes additional expense to Contractor, and such expenses or delays are adequately documented and substantiated by Contractor,an equitable adjustment shall be-made in the Job Order price and/or the period of performance, and the Job Order shall be modified in writing accordingly. 11.12 Close-Out Documentation: Contractor shall provide the following as part of the close-out documentation: a. An electronic file of all documentation specific to every job order project shall be submitted with close-out documents. b. All forms below must be included with the final payment documentation of the project, as applicable: 1) Owner's Manual(s) 2) MSDS 3) Submittals(Ex: Paint colors, carpet, equipment, supplies, and etc.) 4) Warranties 5) Conditional Lien Release 6) Copies of all applicable permits, licenses,and/or other regulatory documents. c. Contractor shall be required to submit any/all additional documentation that is related to any project upon request by the Director of Maintenance. XII. PROTECTION OF EXISTING VEGETATION,STRUCTURES, UTILITIES AND IMPROVEMENTS;TRAFFIC CONTROL 12.1 Preservation: Contractor shall preserve and protect all structures, equipment and vegetation (such as trees, shrubs, and grass) on or adjacent to the Job Order site, which is not to be removed and which does not unreasonably interfere with the Work required under the Job Order. Contractor shall only remove trees when specifically authorized by Owner to do so,and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during of equipment, or by workmen, Contractor shall trim those limbs or branche with a clean cut and operationrmance by the ait the cut with a tree pruning compound as directed by Owner. 12.2 Existing Improvements: Contractor shall protect from damage all existing improvements and utilities at or near the Job Order site and on adjacent property of third parties, the locations of which are made known to or should be known by Contractor. Contractor shall repair any damage to those facilities, including those that are the property of third parties, resulting from failure to comply with the requirements of this Contract or the Job Order or failure to exercise reasonable care in performing the Work. If Contractor fails or refuses to repair the damage promptly, Owner may have the necessary repair work performed and charge the cost to Contractor. • 12.3 Traffic Control: Contractor shall be responsible for providing all necessary traffic control,such as street blockages, traffic cones, flagmen, etc., as required for each Job Order. Proposed traffic control 11 methods and costs shall be submitted to Owner for approval in Contractor's Job Order Proposal. XIII. CLEANING UP AND REFUSE DISPOSAL 13.1 Contractor shall at all times keep the Job Order site, including storage areas, free from accumulations of waste materials.Before completing the Work,Contractor shall remove from the premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of Owner. Upon completing the Work,Contractor shall leave the site in a clean and orderly condition satisfactory to Owner. Contractor shall be responsible and liable for all construction refuse disposal containers and their removal from the site.Disposal of any hazardous materials not addressed and priced in the Job Order will be segregated for disposal by Owner unless Owner requires Contractor to dispose of the materials, in which case, an equitable adjustment in the price will be negotiated and agreed upon. Contractor shall not use Owners trash containers for any reason. XIV. WARRANTY OF CONSTRUCTION 14.1 Warranty: In addition to any other warranties specified in any Job Orders, Contractor warrants, for the maximum period allowed by law, and except as otherwise specifically provided herein,that Work performed conforms to the Job Order and is free of any defect in equipment, material or design furnished, or workmanship performed by Contractor or any of its subcontractors or suppliers at any tier. The Contractor shall be obligated to repair or replace any defective or non-conforming Work for a period of one(1)year from the date of final acceptance of the Work. If Owner takes Work before final acceptance, this one (1) possession a of anypart one the year correction period shall continue for a period of (1) year from the date possession is taken. 14.2 Non-Conformance: Contractor shall remedy, at Contractor's sole expense, any failure of the Work to conform to the Job Order, or any construction defect occurring during the warranty period. In addition, the Contractor shall remedy, at Contractor's expense, any damage to Owner's real or personal property, when that damage is the result of: a. Contractor's failure to conform to requirements in this Contract or the Job Order; or b. Any defect of equipment, material, workmanship, or design furnished by the Contractor. If Contractor, after notice, fails to proceed promptly and remedy the problem within thirty (30)calendar days or within another period of time which has been agreed to in writing, in compliance with the terms of the warranty, Owner may have the defects corrected and the Contractor and its surety shall be liable for all expenses incurred. 14.3 Restoration: Contractor shall restore any work damaged in fulfilling the terms and conditions of this Section. Contractor's warranty with respect to work repaired or replaced will run for one(1)year from the date of repair or replacement. Owner shall notify Contractor, in writing, within a reasonable time after the discovery of any failure,defect, or damage. If Contractor fails to remedy any failure,defect,or damage within a reasonable time after receipt of notice, Owner shall have the right to replace,repair,or otherwise remedy the failure,defect or damage at Contractor's expense, and Contractor shall be liable to owner for any damages sustained by Owner as a result of the failure, defect, or damage. 14.4 Third-Party Warranties: With respect to all warranties, expressed or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished for Job Orders issued under this Contract, Contractor shall: a. Obtain all warranties required by the Job Order; b. Require all warranties to be executed, in writing,for the benefit of Owner;and c. Enforce all warranties for the benefit of Owner; 12 • 14.5 Warranty Expiration: In the event Contractors warranty under paragraph 14.1 of this Article has expired, Owner may bring suit to enforce a subcontractor's, manufacturers,or supplier's warranty. 14.6 Owner Liability: Unless a defect is caused by the negligence or intentional act or failure to act of Contractor or subcontractor or supplier at any tier, Contractor shall not be liable for the repair of any defects of material or design furnished by Owner or for the repair of any damage which results from any defect in Owner-furnished material or design.Contractor is not responsible for and does not warranty pre- existing work or facilities that may be assigned to Contractor except as stated in the Job Order. 14.7 This warranty shall not limit Owner's rights under this Contract and/or applicable law with respect to latent defects, gross mistakes, breach of contract or fraud. XV. PAYMENT 15.1 Compensation: Costs for equipment, material, and labor shall be in accordance with the Contract. Owner shall pay Contractor for Work performed on Job Orders authorized by Owner in writing, subject to allowable additions and deductions. Owner shall pay all unpaid and undisputed amounts due Contractor under this Contract within thirty(30)days of receipt of invoice. If payment is later than forty- five (45) days, interest will be set no higher than six percent (6%) per annum. If Work or any portion thereof has not met the satisfactory approval of Owner's Representative, current and future payments shall not be made until both parties agree that the Work or the portion thereof has been completed in a satisfactory manner or the Work is acceptable. Notwithstanding any provision herein to the contrary, no payment of amounts owed hereunder shall be considered past due or not paid when due except in accordance with Section 2251.021 of the Texas Government Code. 15.2 Progress Payments: If required by the Job Order, Owner shall make progress payments monthly as the Work proceeds, or at more frequent intervals as determined by Owner, on estimates of Work completed submitted by Contractor and approved in writing by Owner. Contractor shall use an acceptable invoice form and shall include supporting documents to reflect a written breakdown of the total price showing the amount included therein for each principal category of the Work, in such detail as requested, to provide a basis for determining progress payments. In the estimation of Work completed, Owner will authorize payment for material delivered on the site and preparatory work done if Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform the Work. 15.3 Application for Payment: With each Application for Payment, Contractor must attach/detail the following information: (1) Defective Work not remedied. (2) Legal claims filed against Contractor or reasonable evidence indicating probable filing of claims; (3) Failure of Contractor to make payments properly to any subcontractor or supplier for material or labor; (4) A reasonable doubt that the Job Order can be completed for the unpaid Job Order balance;and (5) Damage to another contractor. 15.4 Payment Retention: In the processing of progress payments, Owner shall retain five percent (5%)of the estimated amount until final completion and acceptance of all Work performed under the Job Order. Retention applicable to each Job Order shall be released within thirty, (30) days after final completion of the Job Order and acceptance of the Work under the Job Order. 15.5 Liquidated Damages: Contractor is expected to complete each Job Order on a timely basis. Liquidated damages may be assessed at Owner's option for Contractor's failure to timely complete each Job Order and/or phase of the scope of work detailed in a Job Order. Owner may withhold as liquidated damages, or require Contractor to pay a"per day"amount, to be set forth in the Job Order,as liquidated 13 t damages for any Work not completed by the completion day set forth in the Job Order. These liquidated damages are not a penalty but are compensation to Owner for additional expenses incurred and inconvenience caused by Contractor's failure to allow Owner to receive the premises at the designated time of completion. XVI. TERMINATION FOR CONVENIENCE OF OWNER 16.1 Termination: Owner may, with or without cause, terminate performance of the Work under this Contract or any Job Order in whole or, from time to time, in part, if Owner determines that termination is in Owner's interest.Owner shall effect such termination by delivering to Contractor a Notice of Termination specifying the extent of termination and the effective date. 16.2 After receipt of a Notice of Termination, and except as directed by Owner, Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Article: a. Stop work as specified in the notice; b. Place no further subcontracts or orders (referred to as subcontracts in this Article) for materials, services or facilities, except as necessary to complete any Work not terminated; c. Assign to Owner, as directed by Owner, all right, title, and interest of Contractor under the subcontracts to the extent they relate to the Work terminated, in which case Owner shall have the right to settle or to pay any termination settlement proposal arising out of those terminations, or with approval or ratification to the extent required by Owner, Contractor shall settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts, the approval or ratification of which will be final for purposes of this Section; d. As directed by Owner, transfer title and deliver to Owner: The fabricated or un-fabricated parts, Work in process, completed Work, supplies, and other material produced or acquired for the Work terminated,and ii. The completed or partially completed plans, drawings, information, and other property that, if the Contract and/or Job Order had been completed, would be required to be furnished to Owner; e. Complete performance of the Work not terminated; f. Take any action that may be necessary, or that Owner may direct,for the protection and preservation of the property related to this Contract and/or the Job Order that is in the possession of Contractor and in which Owner has or may acquire an interest; g• Use its best efforts to sell, as directed or authorized by Owner,any property of the types referred to in paragraph 16.2(c) above; provided, however, that Contractor is not required to extend credit to any purchaser and may acquire the property under the conditions prescribed by, and at prices approved by, Owner. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by Owner under the Contract and/or Job Order, credited to the price or cost of the Work, or paid in any other manner directed by Owner. XVII. DEFAULT 17.1 Termination of Right to Proceed: If Owner determines that Contractor is not prosecuting the Work with sufficient diligence to ensure completion within the time specified in the Job Order, or fails to 14 complete the Work within this time, Owner may terminate the Contractor's right to proceed with the Work (or separable part of the Work), upon seven (7) calendar days' written notice to the Contractor. In this event, Owner may take over the Work and complete it by contract or otherwise and may take possession of and use any materials, appliances, and plant on the site necessary for completing the Work. Contractor's right to proceed shall not be terminated under this Section, if: a. The delay in completing the Work arises from unforeseeable causes beyond the control and without the fault or negligence of Contractor. Examples of such causes include: i• acts of God or of the public enemy, ii. acts of Owner in its contractual capacity, iii. acts of another Contractor in the performance of a written Contract with Owner, iv. fires, v. floods, VI. epidemics, vii. quarantine restrictions, viii. strikes, ix. freight embargoes, or x. unusually severe weather b. Contractor,within seven(7)calendar days from the beginning of any such delay(unless extended by Owner), shall notify Owner in writing of the causes of delay. Owner shall ascertain the facts and the extent of delay. If, in the judgment of Owner, the findings of fact warrant such action, the time for completing the Work under the Job Order shall be extended. If, after termination of Contractor's right to proceed, it is determined that Contractor was not in default, or that the delay was excusable,the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Owner. The rights and remedies of Owner in this Article are in addition to any other rights and remedies provided by law or under this Contract. 17.2 Termination for Default: In the event Contractor fails to carry out or comply with any of the terms and conditions of this Contract or any Job Order, Owner may notify Contractor of such failure or default in writing and demand that the failure or default be remedied within seven(7)calendar days;in the event Contractor fails to remedy such failure or default within seven (7)day period, Owner shall have the right to terminate this Contract and/or any Job Order. Without limiting the foregoing, the following shall constitute a material breach by Contractor, upon the occurrence of which Contractor shall immediately notify Owner: Contractor: (i) ceases its business operations; (ii) makes a general assignment for the benefit of creditors; (iii)is adjudged bankrupt or(iv)becomes insolvent. 17.3 Effect of Termination: Termination of this Contract or any Job Order under any circumstances whatsoever shall not effect or relieve Contractor from any obligation or liability that may have been incurred or will be incurred, and such termination by Owner shall not limit any other right or remedy available to Owner at law or in equity. XVIII. CANCELLATION FOR CONFLICT OF INTEREST 18.1 Pursuant to applicable law, Owner may cancel this Contract,without penalty or further obligation to Contractor, if any person significantly involved in initiating, negotiating, securing, drafting or creating 15 this Contract on behalf of the Owner was at any time while this Contract or extension of this Contract is in effect, an employee or agent of any other party to this Contract in any capacity or consultant to any other party of this Contract.A cancellation made pursuant to this provision shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. XIX. INSURANCE 19.1 Contractor shall purchase and maintain in effect during the term of this Contract insurance of the types and with minimum limits of liability as stated below.Such insurance shall protect Contractor from claims which may arise out of or result from Contractors operations whether such operations are performed by Contractor or by any subcontractor or by anyone for whose acts any of them may be liable. a. WORKERS'COMPENSATION INSURANCE providing statutory•benefits in accordance with the laws of•0e ate of Texas or any federal.Statutes as;maybe,applicable.to the Work being parfohi ed finder=thie Ocntrabt b. EMPLOYER'S-u413 'ITY INSURANCE with litii s dt'liability_not less than: $1,000,000 Each Accident $1,000,000 Policy Limits $1,000,000 Each.Employee c. COMMERCIAL GENERAL LIABILITY.:INSURANCE tnclu'ding Products/Completed Operations and Contractual Llap l ity with'limits of liability not.less than:: Occurrence/Persdnal injury I Adleitlstng $l,00040o CSL • Products/Completed Operations $2,900 000 CSL • Annual:Aggregate $2,000,000 CSL- 1'r`oductsAggregete $1,000,000 CSL. Fire, Lightning orEiplosion $5,000 Per Perkin . Medt at Ocpense d, AUTOMOBILE LIABILITY INSURANCE"Covering all owned, hired and non- owned motor vehicles used in connection with the_ Work being performed under this Contract With:Iimits of liability not less than: $1,00o,:000 Bodily Injury/Property Damage 19.2 Such insurance as is provided herein shall be primary and non-contributing with any other valid and collectible insurance available to Owner. 19.3 All policies providing Contractor's insurance as required in paragraph 19.1 above shall be endorsed to provide the following: a. Ninety (90) days written notice of cancellation or non-renewal given to Owner at the address designated in Section 23. b. Owner be named as Additional Insured on all policies except Workers Compensation (Prohibited by Law). C. Waiver of Subrogation added by endorsement on all policies. 19.4 The limits of liability as required above may be provided by a single policy of insurance or by a combination of primary, excess or umbrella policies. In no event, however, shall the total limits of liability available for any one occurrence or accident be less that the amount(s)required above. 16 (") 19.5 Proof of compliance with these insurance requirements shall be furnished to Owner in the form of an original certificate of insurance signed by an authorized representative or agent of the insurance company(ies)within ten(10)days of execution of this Contract. Renewal or replacement certificates shall be furnished to Owner not less than twenty-one(21)days prior to the expiration or termination date of the applicable policy(ies). If Contractor fails to maintain the required amounts of insurance or allows the policies to lapse or expire during the term of the Contract,Owner may purchase said insurance and deduct the cost of obtaining the insurance from Contractor's contract sum. 19.6 Contractor shall require any and all subcontractors performing Work under this Contract to carry insurance of the types and with limits of liability as Contractor shall deem appropriate and adequate for the Work being performed. Contractor shall obtain and make available for ins Owner upon request current certificates of insurance evidencing insurance coverage carried by such subcontractors. 19.7 Mail the original certificate of insurance to: Mr. Floyd Batiste CEO, Executive Director City of Port Arthur Section 4A Economic Development Corporation 501 Procter Street, Suite,100 Port Arthur, Texas 77640 Mr.Alam Ferias Architect Powers Brown Architecture 2100 Travis Street, Suite 501 Houston, Texas 77002 XX. CHANGES 20.1 Owner may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the Work within the general scope of a Job Order, including changes: a. In the specifications(including drawings and designs); b. In Owner-furnished facilities,equipment, materials, services, or site; or c. Directing acceleration in the performance of the Work, or otherwise altering the schedule for performance of the Work. 20.2 Any other written order (which, as used in this paragraph, includes direction, instruction, interpretation, or determination) from Owner that causes a change shall be treated as a change order under this Article; provided, that Contractor gives Owner timely written notice stating the date, circumstances, and source of the order and that Contractor regards the order as a change order. 20.3 Except as provided in this Article, no order, statement, or conduct of Owner shall be treated as a change under this Article or entitle Contractor to an equitable adjustment hereunder. 20.4 Contractor must submit any proposal under this Article within thirty(30)calendar days after: 17 { 7• a. Receipt of a written change order under Paragraph 20.1 above or; b. The furnishing of a written notice under Paragraph 20.2 above, by submitting to Owner a written statement describing the general nature and amount of the proposal, unless this period is extended by Owner. The statement of proposal for adjustment may be included in the notice under Paragraph 20.2 above. 20.5 No proposal by Contractor for an equitable adjustment shall be allowed if asserted after final payment under the Job Order. XXI. PAYMENT AND PERFORMANCE BONDS 21.1 Payment Bond: Contractor shall furnish a Payment Bond in the amount equal to one hundred percent (100%) of the contract amount if the Job Order is in excess of$25,000. 21.2 Performance Bond: Contractor shall furnish a Performance Bond in the amount equal to one hundred percent(100%)of the Job Order amount if the Job Order is in excess of$100,000.00. The bonds must be executed by a corporate surety authorized to do business in Texas and licensed in Texas to issue surety bonds, and must be executed by a surety company that is authorized and admitted to write surety bonds in Texas. If the amount of the bond exceeds$100,000.00, the surety must: (a) Hold a certificate of authority from the U.S. Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law;or (b) Have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in Texas and is the holder of a certificate of authority from the U.S. Secretary of the Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. 21.3 The Performance and/or Payment Bonds must be submitted to Owner before commencement of any work. The bonds must be made payable to Owner. XXII. PREVAILING WAGE RATES 22.1 Contractor shall comply with, and ensure each subcontractor complies with, all applicable laws regarding prevailing wage rates, including, but not limited to, Chapter 2258 of the'Texas Government Code and any related federal requirements applicable to a Job Order. Contractor and all subcontractors shall comply with all state and federal laws including, but not limited to, laws of labor, minimum wage, safety,and equal employment opportunity. Contractor and all subcontractors must pay not less than the general prevailing wage rate plus any applicable fringe benefits. Contractor shall pay not less than the wage scale of the various classes of labor as detailed in the prevailing wage schedule detailed in Attachment B, XXIII. MISCELLANEOUS PROVISIONS 23.1 Independent Contractor: Contractor acknowledges that it is engaged as an independent contractor and that Owner shall have no responsibility to provide Contractor or its employees with transportation, insurance or other fringe benefits normally associated with employee status. Contractor is responsible for all income taxes required by applicable law. It is the intention of the parties that Contractor is independent of Owner and is not an employee, agent, joint venture, or partner of Owner. Contractor acknowledges that Owner has no responsibility for any conduct of any Contractor's employees, agents, 18 representatives, contractors, or subcontractors. 23.2 Confidentiality: Contractor shall treat any information supplied by Owner or information pertaining to Owner as confidential and shall not disclose any such information to others except as necessary for the performance of this Contract or a Job Order or as authorized by Owner in writing or except when required by law. 23.3 Successors and Assigns:Owner and Contractor,respectively, bind themselves,their partners, successors, assigns and legal representatives to the other party to the terms and conditions of this Contract. This Contract is a personal service contract for the services of Contractor, and Contractor's interest in this Contract, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party without written consent of Owner. The benefits and burdens of this Contract are,however, assignable by Owner. 23.4 Loss of Funding: Performance by Owner under this Contract may be dependent upon the appropriation and allotment of funds by the Texas State Legislature(the "Legislature") and/or allocation of funds by the Owner's Board of Trustees. If the Legislature fails to appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, then Owner shall issue written notice to Contractor and Owner may terminate this Contract without further duty or obligation hereunder.Contractor acknowledges that appropriation,allotment,and allocation of funds are beyond the control of Owner. The parties agree that this Contract and any Job Order issued by Owner are commitments of Owner's current revenue only. Every payment obligation of Owner under this Contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Contract or any Job Order, this Contract or any Job Order may be terminated by Owner at the end of the period for which funds are available. 23.5 Open Records: Contractor acknowledges that Owner is subject to the Texas Public Information Act, and Contractor waives any claim against and releases from liability Owner, its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Contract or otherwise created,assembled,maintained,or held by Contractor or Owner and determined by Owner,the Attorney General of Texas,or a court of law to be subject to disclosure under the Texas Public Information Act. 23.6 Franchise Tax Certification:A corporate or limited liability company Contractor certifies that it is not currently delinquent in the payment of any franchise taxes due under Chapter 171 of the Texas Tax Code, or that the corporation or limited liability company is exempt from the payment of such taxes,or that the corporation or limited liability company is an out-of-state corporation or limited liability company that is not subject to the Texas Franchise Tax,whichever is applicable. 23.7 Taxes: Owner is tax exempt, and Contractor shall avail itself of all tax exemptions applicable to Contractor's .work or expenses. Owner shall provide a tax exemption certificate to Contractor upon Contractors request. Owner shall not be liable for any taxes resulting from this Contract, except where otherwise required by law. 23.8 Captions: The captions of paragraphs in this Contract are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. 23.9 Severability: Should any provisions(s) of this Contract be held invalid or unenforceable in any respect, that provision shall not affect any other provisions, and this Contract shall be construed as if the invalid or unenforceable provision(s)had not been included. 23.10 Waivers: No delay or omission by either party in exercising any right or power provided under the provisions of this Contract shall impair any such right or power or be construed to be a waiver of the right or power. A written waiver granted by either of the parties of any provision of this Contract shall not be construed as a future waiver of that provision or a waiver of any other provision of the Contract. 19 23.11 Force Majeure:No party shall be liable or responsible to the other for any loss or damage or for any delays or failure to perform under this Contract due to causes beyond its reasonable control,including, but not limited to,acts of God, employee strikes, epidemics,war; riots, flood, fire, sabotage, terrorist acts or any other circumstances of like character. 23.12 Governing Law and Venue: This Contract shall be construed, interpreted and applied in accordance with the laws of the State of Texas without regard for choice of law principles.All obligations of the parties created hereunder are enforceable in Port Arthur,Jefferson County, Texas,which shall be the exclusive venue for any dispute hereunder. 23.13 Entire Contract: This Contract, as defined herein, constitutes the sole and only agreement between the parties with respect to the services contracted for and supersedes any written or oral. No modification, alteration or waiver of this Contract or any of its provisionstshall be effective unless in writing and signed by both parties. No course of prior dealings, no usage of trade,and no course of performance shall be used to modify, supplement or explain any terms used in this Contract. 23.14 Financial Interest: By signature hereon, Contractor certifies that no member of Owner's Board of Trustees has a financial interest, directly or indirectly, in the transaction that is the subject of this Contract. 23.15 Authority to Act: If Contractor is a corporation or a limited liability company, Contractor warrants, represents, and agrees that(1)it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization; (2) it is duly authorized and in good standing to conduct business in the State of Texas; (3) it has.all necessary power and has received all necessary approvals to execute and deliver this Contract; and(4)the individual executing this Contract on behalf of Contractor has been duly authorized to act for and bind Contractor. 23.16 Records: Records of expenses pertaining to additional services, services performed on the basis of a Worker Wage Rate or Monthly Salary Rate, or reimbursable expense, if allowed,shall be kept on the basis of generally accepted accounting principles and in accordance with cost accounting standards promulgated by the Federal Office of Management and Budget Cost Accounting Standards Board and shall be available for audit by Owner or Owner's authorized representative on reasonable notice. 23.17 Illegal Dumping: Contractor shall ensure that it and all of its subcontractors prevent illegal dumping of litter in accordance with Title 5, Texas Health and Safety Code, Chapter 365. 23.18 Interpretation: Contractor agrees that the normal rules of construction that require that any ambiguities in the Contract are to be construed against the drafter shall not be employed in the interpretation of this Contract or any Job Order. 23.19 Modification: This Contract may only be modified by a written instrument executed by the parties to be incorporated into this Contract. 23.20 Assignment: Contractor may not assign this Contract or any of its rights,duties or obligations hereunder without the prior written approval of Owner. Any attempted assignment of this Contract by Contractor shall be null and void. Any Job Order made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Contractor without the prior written approval of Owner. 23.21 Immunity: Nothing in this Contract will be construed to waive, modify, or amend any legal defense available to Owner or any of Owner's past or present trustees, officers, agents, or employees, including, without limitation, governmental immunity from suit as provided by law. XXIV. NOTICES 20 24.1 All notices,consents,approvals,demands,requests or other binding communications under this Contract shall be in writing. Written notice may delivered in person to the designated representative of the Contractor or Owner; mailed by U. S. mail to the last known business address of the designated representative; or transmitted by fax machine to the last known business fax number of the designated representative. Mail notices are deemed effective three business days after the date of mailing. Fax notices are deemed effective the next business day after faxing. 24.2 The initially designated representatives of the parties for receipt of notices are as follows. Either party may change their designated representative for receipt of notices by written notice. 24.2.1 If to OWNER: Mr. Floyd Batiste • CEO,Executive Director City of Port Arthur Section 4A Economic Development Corporation 501 Procter Street, Suite 100 Port Arthur,Texas 77640 24.2.2 With Copies to: Guy N. Goodson Germer PLLC P.O. Drawer 4915 Beaumont, Texas 77704 24.2.3 If to Contractor: SETEX Facilities& Maintenance, LLC Nathan Rivers, President 1660 S 23rd Street Beaumont, Texas 77707 XXV. OTHER CONTRACTS 25.1 Owner may undertake or award other contracts for additional work at or near the site of Work under this Contract or a Job Order. Contractor shall fully cooperate with the other contractors and with Owners employees and shall carefully adapt scheduling and performing the Work under this Contract to accommodate the additional work, heeding any direction that may be provided by Owner.Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Owners employees. 25.2 Owner may award or enter into other contracts in its sole discretion,and nothing in this Contract may be construed to imply that Contractor has the exclusive right to provide job order contracting services to Owner. XXVI. INDEMNIFICATION 26.1 CONTRACTOR SHALL INDEMNIFY AND.HOLD HARMLESS OWNER, ITS AGENTS, EMPLOYEES, TRUSTEES AND OTHER.OFFICERS FROM ANY AND ALL CLAIMS, .LIABILITY, 21 ri ( ) COSTS.SUITE OF LAW OR IN EQUITY.EXPENSES.ATTORNEYS'FEES.FINES.PENALTIES OR DAMAGES ASSERTED AGAINST IT BY REASON_OF THE INTENTIONAL OR NEGLIQENT OR c1US$IONS OF'THE CONTRACTOR,ITS "S.SERVANTS,, SUBCONTRACTORS ACND EMPLOYEES IN THE PERFORMANCE OF THE CONTRACT. XXVII. CONTRACT ORDER OF PRECEDENCE 27.1 In the event of an inconsistency between provisions of this Contract,the inconsistency shall be resolved by giving precedence in the following order: a. Contract Modifications, if any; b. this Contract, including exhibits; c. Job Orders; d. Drawings; e. Specifications; f. The contract documents for Choice Partners Contract#20/017MR-17, including any addenda thereto; 9. Contractor's proposal submitted in response to the solicitation for Choice Partners Contract#20/017MR-17. XXVIII. PARTY ANTITRUST VIOLATIONS 28.1 Contractor assigns to Owner any claim for overcharges, resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to Contractor toward fulfillment of this Contract. XXIX. AUDIT OF RECORDS 29.1 Pursuant to applicable laws, the Contractor shall retain and shall contractually require each subcontractor to retain all data, books, documents and other records ("records")relating to this Contract for a period of five(5)years after completion of this Contract or any Job Order issued hereunder. This includes all books and other evidence bearing on Contractor's costs and expenses under this Contract or the Job Order. All records shall be subject to inspection and audit by the Owner at reasonable times, without cost to Owner. Upon request, Contractor shall produce the original of any or all such records. If approved by Owner, photographs, microphotographs or any authentic reproductions may be maintained instead of original records and documents. If an audit or a compliance review has been announced, Contractor shall retain its records and accounts until such audit or compliance review has been completed. IN WITNESS WHEREOF, Owner and Contractor have executed and delivered this Contract effective as of the date identified above. OWNER By: City of Port Arthur Section : conomic Development Corporation /.1.016,Name: Floyd Batiste -- Datee 22 (T Title:CEO/Executive Director CONTRACTOR By: SETEX Facilities&Maintenance, LLC Name:Nathan Rivers D- io, �'' Title: President Date 23 1 ATTACHMENTS The following Attachments are incorporated by reference for all purposes: ATTACHMENT A: Job Order Form ATTACHMENT B: Prevailing Wage Rates ATTACHMENT A JOB ORDER This Job Order is subject to all terms and conditions of the Master Contract("Master Contract")between the City of Port Arthur Section 4A Economic Development Corporation(Owner)and (Job Order Contractor)dated ,and shall become part of the Contract upon execution by Owner. Any amendment or modification of this Job Order must be in writing and signed by both parties. 1. Agreed Work The agreed Work shall include: If applicable,any additional agreed Work,technical specifications, and/or drawings shall be as set forth and listed in the Job Order Proposal attached hereto as Exhibit l. 2. Deadline for Performance. Job Order Contractor shall complete performance of the Work specified herein on or before . The parties agree that the"per day"amount for Liquidated Damages,as defined in Master Contract,shall be . The Date of nt is: elect one] the date on which both parties duly execute this Job Order or will be fixed in a Notice toProceed issued by the Owner. 3. Place of Performance. Contractor shall perform the Work specified herein at the following location(s) 4. Agreed Total Price. The parties hereby agree that the Total Price for all Work under this Job Order is $ ,as specified in the Job Order Proposal attached hereto as Exhibit I. 5. Owner's Authorized Representative. Owner's authorized representative for acceptance of any completed Work under this Job Order is: AUTHORIZED AND ACCEPTED: JOB ORDER CONTRACTOR/SETEX FACILITIES&MAINTENANCE,LLC By: Date: Name: Title: OWNER/CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION By: Date: Name: Title: EXHIBIT A: Contractor's Job Order Proposal,dated ATTACHMENT B OWNER'S ADOPTED PREVAILING WAGE RATES EXHIBIT "C" ATTACHMENT A JOB ORDER AMENDMENT NO. 1 This Job Order is subject to all terms and conditions of the Master Contract("Master Contract")between the City of Port Arthur Section 4A Economic Development Corporation (Owner) and SETEX Facilities & Maintenance, LLC (Job Order Contractor)dated December 10, 2020, and shall become part of the Contract upon execution by Owner. Any amendment or modification of this Job Order must be in writing and signed by both parties. 1. Agreed Work.The agreed Work shall include: The finish out of the remainder of the complete second floor, office spaces, conference room,hallways, etc. which also includes the completion of mechanical HV&AC systems ductwork,PAC#7 roof top A/C equipment along with all electrical,fire alarm,plumbing and fire sprinklers as necessary for entire completion of the second floor per Powers Brown Architecture construction documents dated February 1,2021. If applicable,any additional agreed Work,technical specifications,and/or drawings shall be as set forth and listed in the Job Order Proposal attached hereto as Exhibit 1. 2. Deadline for Performance. Job Order Contractor shall complete performance of the Work specified herein on or before the end of September 2021. 3. Place of Performance. Contractor shall perform the Work specified herein at the following location(s)549 4th Street,Port Arthur,Texas(the"Port Arthur News Building"). 4. Agreed Total Price. The parties hereby agree that the Total Price for all Work under this Job Order is S524,860.00, as specified in the Job Order Proposal attached hereto as Exhibit 1. Job Order Contractor understands and agrees this is the Guaranteed Maximum Price for the Agreed Work and Owner will not pay any additional amount for the Agreed Work. 5. Owner's Authorized Representative. Owner's authorized representative for acceptance of any completed Work under this Job Order is:Floyd Batiste. AUTHORIZED AND ACCEPTED: JOB ORDER CONTRACTOR/SETEX Facilities& Maintenance,LLC By: Date: Name: Title: OWNER/City of Port Arthur Section 4A Economic Development Corporation By: Date: Name: Title: EXHIBIT "1 " • , - --, sEarE FAt16ry�i MAan'EirAlrt'E a Adam:VinIA I.glh et.e 1Ca bn` April 21,2021 P.O.Belt 20678 Beetrnarrt Tema 77720-0678 Mr. Floyd Batiste Port Arthur Economic f4 esa.erea Street,rocter 100 Corporritioa� • moo 842-2274 Port Arthur,Texas 77840 weessiakcormuudiorLecrn ® aeteccaon.oa„ Attn:Floyd Batiste General Project:COPA The Press Buiktirg Ti Community Center for Business Development Clan Atenegaritele Subject: Partial Phase II Bultdout JOC#20-1129 Design-Build Dear Mr.Batiste, .lab Omer The following Included attachment will serve as Satex Facilities Budget update for COPA"The Press Sulking Tr partial buiidout based on Powers Brown Architecture confirmation document.dated February 1,2021. Facities Maintenance As you are aware the entire construction industry has been under major material cost increases Commercial entire year to a(2021)which has Impeded many constructonpng last OctOber 2020 and has contimed the �d cost spiral d ie Immense budget premise.. prof being under brduai In respect to the above,the previous$1,600,00o budget amount for Moe II will now Government cover complete BuliClaut of first floor lease kitchen, classroom 200c, 2q1 floor restraoms, br+eakroom and the•four (4) second floor flex classrooms complete with folding partitions. Nealthcale AbD OPTION No.lithasbucture We are proposing to finish out the remainder of the hallwayscomplete second flaw office spaces,conference room,Corporate ,etc. which also Include completion of mechanical HV&AC systems ductwork, PAC#7 roof top A/C equipment along with all electrical, fire alarm, plumbing and fire sprinklers as necessary for entire completion of the Education second floor per Powers Brown Architecture construction document. PeifonnIng The total cost for Option No. 1 as stated above Is the sum of FIVE HUNDRED Ads TWENTY-FOUR THOUSAND EIGHT HUNDRED, SIXTY DOLLARS AND ZERO CENTS......... ($524,810.001 Nistadoel Based on an early May 2021 approval release date, we anticipate Phase II construction completion by end of September 2021. Beaumont Nacogdoches Port An urn L;--hrlttk,,,kc, Will SETEX FACIUTIN R DANCE Ongth in Comeructictr Awing Addrosr IA License t 7001E P.Q.Bat 20678 Beaumont Texas 77720-0678 ® MOM met Nos 842-2274 We bust the above meets with your approval and please advise us accordingly. awayeawatavionatiba.aom @ sehorconstrucsonoom ResPectrtaly Submitted, SETEX Facilities&Maintenance,LLC General Ca ine:dm Construction Management _ f Delidn-Euad Job Oder Contracting Jim Shed PrcJeat Estimator 20-1129 Facilities Awe Cc George S,Krystie Vtiaree!Mead PAEOC When Rhooni,Todd.Stlraon,NAdrtei Wsldieyd 8E1Ec Convnercisl Fawisd Powers Brown Mavens! Government Healthcare /rtisstructum Education Perfonning Arts Ifstorke► Beaumont Nacogdoches Pod Arthur