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HomeMy WebLinkAboutPR 22007: PARKING LOT REHABILITATION AT 4TH STREET AND WACO AVENUE • City of f n ur1 rth r www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 18, 2021 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Alberto Elefaiio,P.E.,Public Works Director RE: PR#22007: Authorizing the City Manager to enter into a contract for the Parking Lot Rehabilitation and Expansion Project located at 4th Street and Waco Ave with Construction Managers of Southeast Texas, LLC of Port Arthur,Texas in the amount of$610,302.49. Introduction: The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to enter into a contract for the Parking Lot Rehabilitation and Expansion Project located at 4th Street and Waco Ave with Construction Managers of Southeast Texas, LLC of Port Arthur,Texas in the amount of$610,302.49. Background: The parking lot located on the corner of 4th Street and Waco Avenue was determined to be in disrepair. The City of Port Arthur advertised for bids to rehabilitate and expand the parking lot under Bid#P21-026 and Bid#P21-037. Construction Managers of Southeast Texas,LLC from Port Arthur,Texas submitted bids on each project. Each bid submitted exceeded the City of Port Arthur's proposed budget amount. It was determined that the project should be rebid, so pursuant to Resolution 21-200, City Council rejected both bids and the project was sent out for rebid. The Purchasing Department advertised for competitive qualified bidders. Bids received were opened on June 9,2021,with two vendors responding. After review, it was determined that Construction Managers of Southeast Texas,LLC of Port Arthur,Texas provided the lowest responsible bid in the amount of$610,302.49. Budget Impact: Funds are available from Account No. 307-25-067-8525-00-10-000. Project#DT0001.CON. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR#22007 authorizing the City Manager to enter into a contract for the Parking Lot Rehabilitation and Expansion located at 4th Street and Waco Ave with Construction Managers of Southeast Texas,LLC of Port Arthur, Texas in the amount of$610,302.49. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 C:\Users\gthibodeaux\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q42H2NU2\Agenda Memo Parking Lot 4th at Waco.docx PR No. 22007 06/15/2021 mje Page I of 3 RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CONSTRUCTION MANAGERS OF SOUTHEAST TEXAS, LLC OF PORT ARTHUR, TEXAS FOR PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE IN THE AMOUNT OF $610,302.49. FUNDING IS AVAILABLE IN THE CAPITAL IMPROVEMENT ACCOUNT NUMBER 307-25-067-8525-00- 10-000; PROJECT #DT001.CON. WHEREAS, the City of Port Arthur has determined that the parking lot near the Port Arthur Police Department's (PAPD) located south of their facility at 645 4th Street, is in disrepair; and, WHEREAS, the City of Port Arthur advertised for bids in the Port Arthur News on February 12' 2021 and February 19, 2021 to rehabilitate and expand the parking lot under Bid #P21-026 and Bid #P21-037; and WHEREAS, each bid submitted exceeded the City's proposed budget amount and pursuant to Resolution 21-200 City Council rejected both bids and the project was sent out to be rebid; and, WHEREAS, on May 19, 2021 and May 26, 2021, the Purchasing Department re- advertised the project for competitive qualified bidders in the Port Arthur News; and, WHEREAS, two (2) bids were received, opened, and evaluated by the Public Works staff on June 9, 2021, and it was determined that Construction Managers of Southeast Texas, LLC of Port Arthur, Texas had provided the lowest responsible bid in the amount of $610,302.49, See Exhibit A; and, WHEREAS, award of this bid to Construction Managers of Southeast Texas, LLC of Port Arthur, Texas is herein deemed an appropriate action; now, therefore; PR No.22007 06/15/2021 mje Page 2 of 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby authorized the City Manager to enter into a contract for the Parking Lot Rehabilitation and Expansion of the Existing Parking Lots Located at the Corner of 4th Street and Waco with Construction Managers of Southeast Texas, LLC of Port Arthur, Texas in the amount of $610,302.49 is substantially the same form as attached hereto as Exhibit B; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2021 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman "Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No. 22007 6/14/2021 mje Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno Ronald Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: n,D Kandy K. Daniel Interim Director of Finance Alberto Elefano Director of Public Works Litiptt_ Clifto Williams, CPPB Purchasing Manager EXHIBIT A 2! . er i , U Gel 0-4 6 2 3 Zol a A _ § rx .2 2 : ;:i' W4 . g U 7 � N0 / � \ 2 $ S § a § � cU 0Q _ — / \ = i 3 m E • . cei © / 0 4 ea 9 rn t a . W Cl 6' 2 O t• s � � k EA CU W., c r . . . k w 0 0 0 .z Q ® 0 r * - c zo , . n 3 n, 0 © o 2 * 7 0 a O % 04 / 1 § _= 0 • I. I, U ) 2 / § C . 0 ^ \ a4 .@ < ) \ . } � / 7 ` 0 § / ^1 ` I 3 v w9 a Z ~ : » % EXHIBIT B SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND YVACO AVENUE TO SERVE THE PORT ARTHUR POLICE DEPARTMENT, JEFFERSON COUNTY, AND EDG. City of - r1l e,r`'' !11 or! rlhttG #� . r CITY OF FORT ARTHUR JEFFERSON COUNTY, TEXAS JOB NO. PAD—PO1 January 23, 2021 / c0�P�EOFTF ,`S'1I1f i /i 1° SAMUEL PAUL FOUNTAIN e/0 �i, 128432 ��, ,�41' ss/CENS ?•*•\`-/ �‘ ) ONA�E .. Prepared by, Samuel Fountain, RE- S & R Consulting Table of Contents RETURN SECTION TITLE WITH BID A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID SCHEDULE YES E. BID BOND YES F. GENERAL CONDITIONS G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. ROADWAY REPAIR BOND L. NOTICE OF AWARD M. NOTICE TO PROCEED N. INSURANCE O. TECHNICAL SPECIFICATIONS P. SPECIAL SPECIFICATIONS Q. QUALIFICATION STATEMENT YES R. NON-COLLUSION AFFIDAVIT YES S. AFFIDAVIT PAGE YES T. CONFLICT OF INTEREST YES U. SB 252 YES V. HOUSE BILL 89 VERIFICATION YES APPENDICES APPENDIX A —Form for Request of Time Extension APPENDIX B —Special Provisions SECTION A CONSTRUCTION CONTRACT AGREEMENT CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of , A.D. 2021, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called"OWNER"or"CITY"and Construction Managers of Southeast Texas LLC, a corporation herein acting by and through , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the parking lot rehabilit''tion and expansion of the existing parking lots located at the corner of 4th Street and Waco Avenue consisting of excavation, embankment, waterline service tap, flex base, asphalt concrete pavement, concrete curb removal, concrete pavement placement, inlet modifications, structure removal, and relocation of fueling station. 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 60 consecutive calendar days as specified in the Notice to Proceed, including, but not limited to,rall Saturdays, Sundays and Federal, State, and City holidays unless the period for completion'is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of$610,302.49, or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS"means and includes the following: (A) Construction Contract Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID SCHEDULE (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Scale (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Roadway Repair Bond (L) Notice of Award (M) Notice to Proceed (N) Insurance (0) Technical Specifications (P) Special Specifications (Q) Qualification Statement Addenda: No. , dated , 20 No. , dated , 20 A-1 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: CITY OF PORT ARTHUR BY: Ronald Burton, City Manager ATTEST: Sherri Bellard, City Secretary CONSTRUCTION MANAGERS OF SOUTHEAST TEXAS LLC BY: NAME: TITLE: [CORPORATE SEAL] ATTEST: NAME: A-2 SECTION B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, June 2, 2021 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, June 2, 2021 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE JOB NO. PAD-PO1 Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND TO WAIVE FORMALITIES. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Cli ein Williams Purchasing Manager FIRST PUBLICATION: May 19, 2021 SECOND PUBLICATION: May 26, 2021 B-1 THURMAN BILL BARTIE,MAYOR RONALD BURTON CHARLOTTE MOSES,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC INGRID HOLMES CITY SECRETARY CAL JONES n r t r t Ir r[r THOMAS KINLAW,III. VAL TREND KENNETH MARKS Iexas CITY ATTORNEY DONALD FRANK,SR May 27, 2021 REQUEST FOR QUALIFICATIONS PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE JOB NO. PAD-PO1 DEADLINE: Sealed qualification submittals must be received and time stamped by 3:00p.m., Central DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, June 2, 2021. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday, April 21, 2021 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P21-045 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies of your RFO to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning this Request for Qualifications and Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 2 of 3 INVITATION TO BID PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE JOB NO. PAD-PO1 (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 3 City of �� ` -CITY OF PORT ARTHUR,TEXAS ort rtJrur ADDENDUM NO. ONE (1) May 28,2021 BID FOR: PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, June 9, 2021. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, June 9, 2021. in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 0)4,1:64-rta- Clifikefi Williams, CPPB Purchasing Manager 6/09/2021 Signat roposer Date Construction Managers of Southeast Texas,LLC. Company Vendor Name SECTION C INFORMATION TO BIDDERS INFORMATION TO BIDDERS The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items (if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent (5%) Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (SO) days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful Bidders will be returned; that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the G-1 Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent(5%) of the bid amount as liquidated damages without limitation. The OWNER, within seven(7)calendar des of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney. 4. NOTICE TO PROCEED Notice to Proceed shall be issued within seven(7)calendar da s of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the seven (7)calendar day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, (City of Port Arthur and Contractor and all persons providing services shall comply with the worker's compensation insurance requirements of Section 406.0% of the Texas Labor Code and 25 TAG Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and Arceneaux and Gates Consulting Engineers, Inc., A Burrow Global Company, its officers, agents, and employees must be named as an additional Insured). C-2 a. Bodily Injury $500,000 single limit per occurrence or $500,000 each personl$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of $1,000,000 each personl$1,000,000 per occurrence for contracts in excess of $100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Comprehensive Automobile Liability(Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are$300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid GERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. G-3 The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. b. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. 'i. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon 5upp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the Pleasure Island Commission and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for (1) non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill, labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. C-4 The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR_ Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non-Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. G-5 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and Pleasure Island Commission holidays. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Five percent (5%) of the amount of each periodic progress payment shall be retained, by OWNER, until final completion and acceptance of all work under the CONTRACT. 11. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. G-6 SECTION D BID SCHEDULE BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 PORT ARTHUR, TEXAS 11640 Proposal of Construction Managers of Southeast Texas,LLC. (hereinafter called "BIDDER"), organized and existing under the laws of the State of Texas , doing business as , and acting by and through Construction ManagersofSoutheastTexas,LLC. to the City of Port Arthur, Texas(hereinafter called"OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of the PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE in strict accordance with the Contract Documents,within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT by 60Days and for final completion of the PROJECT by 90Days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of$420.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 51 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: Addendum No.01 Dated May 28.2021 *Insert"a corporation,""a partnership,"or"an individual"as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: D-1 BID SCHEDULE • NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder with Tax Exemption Certificate for materials used on this project. BASE BID ITEMS Item Est. Description of Item with Unit -- No. Qty. Unit Unit Price Written in Words Price . Amount 104 57 SY REMOVING CONC (PAV) $ 20.05 $ 1,142.85 104 418 LF REMOVING CONC CURB $ 4.56 $ 1.906.08 104 i 199 SY REMOVING CONC ISLAND j 1 I i $ 67.71 $ 13,474.29 I i 110 577 CY EXCAVATION I I I , $ 32.47 ' $ 18,735.19 I I i I I I I i 132 10 CY i EMBANKMENT(FINAL)(ORD COMP)(TY B) { $ 349.20 $ 3,492.00 € f t I ---- 162 40 I SY i BLOCK SODDING i 1 I I $ 19.05 $ 762.00 I I I ( I I i 168 € 2 MG ! VEGETATIVE WATERING I i $ 634.90 $ 1,269.80 1 247 1557 . SY FL BS (CMP IN PLC)(TY A GR 4)(8") I I I $ 38.30 $ 59,633.10 D-2 ' BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 1 316 355 i --GAL- ASPH (AC-15P OR AC-20-5TR) (0.3 GAL/SY) , 21.10 1 $ 7,490.50 I , 340 1182.0 I TON ` D-GR HMA(SQ)TY-D PG64-22 (2") $ 144.15 $ 170,385.30 c 1 1 i i 360 j 218 SY I CONC PVMT(JOINT REINF)(6") + I I I I i I $ 120.95 i $ 26,367.10 I I i I I I k I 1 i i j I 416 i 70 LF I DRILL SHAFT(18 IN) I k i' $ un.58 I $ 7,110.60 I i 1 i I' I I I 465 2 ' MODIFY EXIST INLET(TO GRATE 1 I EA INLET)(32"x32") I I f II I $ 634 90 I $ 1.269.80 I 1 I I I 500 I I 1 LS I MOBILIZATION (3%) I 1 I I $ 15,000.00 $ 15,000.00 ' I 1 I - --- .-._ - - - ---- I - 1 1 I I I NA I NA I NA I NA NA I j t ! I I I 1 1 ► f I I 1 I I I I 1 NA NA 1 NA i NA NA I ( I 1 I I I I , D-3 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount I i -512 120 LF PORT CTB (FUR & INST)(SGL SLOPE)(TY 1) $ 190.47 $ 22,856.40 1 I � I II I ' i I 529 158 LF CONC CURB (BARRIER) I i $ 66.54 I $ 10,513.32 _ I f ; I I 550 50 LF CHAIN LINK FENCE (INSTALL) (6') $ 137.14 $ 6.857.00 550 l 60 LF CHAIN LINK FENCE(REMOVE) ( I $ 15.24 I $ 914.40 I I I I I 550 ' 1 EA CHAIN LINK FENCE GATE (INSTALL)(6'X4') ! I $ 1,523.77 j $ 1,523.77 I � j 618 60 LF CONDT(PVC) (SCH 80) (1") I $ 12.70 $ 762.00 } I f 618 1425 LF CONDT(PVC) (SCH 80) (2") ! j i I I $ 19.05 $ 27.146.25 I i ' f I � I I 618 105 I LF CONDT(PVC) (SCH 80) (3")(BORE) I $ _ ; I 5,714.10 54.42 $_ _ D-4 ' BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount i i NA NA _ - _I NA NA I NA NA NA NA NA I ! NA I __ i 621 1720 I LF TRAY CABLE (3 COND)(10 AWG) I I id. $ 3.81 $ 6,553.20 { I ' ! i I I ! I I 624 1 4 EA GROUND BOX TY A W/APRON 4 $ 2,285.65 I $ 9,142.60 I I 1 I 628 2 I EA j ELC SRV TY A 120/240 100(NS)AL(N)TP(U) i I I ! I $ 4.444.32 $ 8.888.64 I I ! I ! I I I 1 i 1 628 1 EA REMOVE ELECTRICAL SERVICES ! $ 634.90 $ 634.90 I I 644 12 1 EA IN SM RD SN SUP&AM TYTWT(1)WS(P) I I (HANDICAP) ` $ 825.37 $ 9,904.44 I I I I E 666 I 120 1 LF I REFL PAV MRK TY II (w) 8" (SLD) I $ 2.41 ; $ 289.20 ! I I D-5 ` ' BASE BID ITEMS |benn Est. Description of Item with Unit No. aty. Unit Unit Price Written inWords Price Amount 666 - 472 LF-----i REFLPAVMRKTYU (w) 12^ (5LO) --' - - ' $ 3.94 $ 1,859.68 � _ 666 47 1 LF REFLP4VMRKTYU (w) 24" 8L0 $ 7.94 | $ msm 666 8760 LF I REFLPAVIARKTYU004" (SLD) $ aa $ 8o22.00 | REFLPAVMRKTY|| (ACC | 666 12 EA | PARK|NG)�NHEELCH�|R) � $ 82.54 $ ymAo | ' | JT SEALING AND CLEANING (LONGT&TRANS 713 1900 1 LF JTS)- | _ � mm � 8,436.00 . � | / � / 70 2200 LF CRACK CLEANING AND SEALING (JCP) $ 4.44 $ 9�68.00 5008 ' 238 EA 1 WHEEL STOPS $ 215o7 $ 51,377m6 N4 | NA NA NA NA � D-6 - ` ' BASE BID ITEMS Item Est. Description o[ Item with Unit No. Otv Unit Unit Price Written inWords Price Amount | NA N� | N4 - mA-- — ----- - --� - ------ ---- � — | ' ' NA NA NA | NA NA | | | | | NA NA NA NA N4 | **^ 7 E4 ILLUMINATION LIGHT POLES (2UHIGH) ! $ 4a44.32 | $ 31.110.24 i 21 GA LED LIGHTS | $ 158.73 $ 3,333a3 / ! EA REMOVE AND RELOCATE FUEL STATION | $ 12,063.15 $ 12,06 .o EA INSTALL CANOPY COVER (15'XlO1 ' ' $ 25,999.27 $ 25,9e.27 REMOVE COWM|CATIONTUVVER, FOUNDATION, | E4 / Q3 GUIDE POST $ C,34903 $ 6349m D-7 ` ' BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price /\nnounL | ---- ^m�— --1--'--E4-- REMOVE WATER METER - -- — -- ----- $ u^uo � 1.168.22 ^+^^ 1 ' EA WATER METER (1")VV/BOX $ 3,555A6 $ 3,555.46 ^�* 181 LF WATERLINE(I") | $ 28.86 $ 5.223.66 EA REMOVE EXIST.POWER POLE $ 634.90 $ 634.90 TOTAL AMOUNT BID 610,302.49 D-8 Section D Six Hundred Ten Thousand Three Hundred Two Dollars and Forty Nine /100 Dollars (Total Base Contract Price-Written) Total number of Calendar days to complete: AD. QUANTITIES OF WORK: The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work;the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price. Construction Managers of Bid Submitted by: Southeast Texas,LLC , Contractor Represented by: Bruce Reyes CEO � , Title Bid Prepared by: Jose Cardenas , Estimator , Estimator D-9 SECTION E BID BOND BIQ BONG KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, CMST, LLC D/B/A Construction Managers of Southeast Texas, LLC as Principal, and Endurance Assurance Corporation as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of Five Percent(5%)of the Total Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 9th day of June 2p21 . The Condition of the above obligation is such that whereas the Principal has submitted to City of Port Arthur a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE NOW, THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. E-1 IN V ITNESS NI-4E.REOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers,the day and year first set forth above_ CMST, LLC D/B/A Construction Managers of Southeast Texas, LLC (L.S.)PRINGIPAL Endurance Assurance Corporation SURETY SY: l-lolii Orr, Attorney-in-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located, E-2 SECTION F GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause 4. Personnel 5. Reports and Information S. Records and Audits 1. Findings Confidential 8. Copyright q. Compliance with Laws 10. Interest of Members of City of Port Arthur 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 11. Materials, Services and Facilities 18. CONTRACTOR'S Title to Materials 1q. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. CONTRACTORS Obligations 24. Insurance 25. Certification of Compliance with Air and Water Acts 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 21. Suspension of Work F-1 28. National Historic Preservation Act of 1 q66 2q. Required Provisions Deemed Inserted 30. Safety and Health Regulations for Construction 31. Use and Occupancy Prior to Acceptance by Owner 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Lands and Rights-of-Way 35. Conflicting Conditions in Contract Documents 36. Notice and Service Thereof 37. Separate Contract 38. Subcontracting 3q. Architect/Engineer's Authority 40. Meaning of Intent 41. Contract Security 42. Additional or Substitute Bond 43. Assignments 44. Mutual Responsibility of CONTRACTOR'S 45. Acceptance of Final Payment Constitutes Release 46. Payments by Contractor 47. Construction Schedule and Periodic Estimates 46. Payments to Contractor 4q. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work 53. Extras 54. Time for Completion and Liquidated Damages 55. Weather Conditions F-2 56. Protection of Work and Property Emergency 57. Inspection 58. Superintendent by Contractor 5q. Federal Labor Standards Provisions 60. Underpayments of Wages or Salaries 61. Anticipated Costs of Fringe Benefits 62. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360; Title 40 U.S.C., Sections 327-332 63. Employment of Apprentices/Trainees 64. Employment of Certain Persons Prohibited 65. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision 66. Fringe Benefits Not Expressed as Hourly Wage Rates 67. Posting Wage Determination Decisions and Authorized Wage Deductions 68. Complaints, Proceedings or Testimony by Employees 6q. Claims and Disputes Pertaining to Wage Rates 70. Questions Concerning Certain Federal Statutes and Regulations 71. Payrolls and Basic Payroll Records of Contractor and Subcontractors 72. Specific Coverage of Certain Types of Work by Employees 73. Ineligible Subcontractors 74. Provisions to be Included in Certain Subcontracts 75. Breach of Foregoing Federal Labor Standards Provisions 16. Employment Practices 77. Contract Termination; Debarment lb. Kickbacks from Public Works Employees lq. Labor-Title 2q CFR Part 3 80. Weekly Statement with Respect to Payment of Wages 81. Submission of Weekly Statements and the Preservation and Inspection of Weekly Payroll Records 82. Payroll Deductions Permissible without Application to or Approval of the Secretary of Labor 83. Payroll Deductions Permissible with the Approval of the Secretary of Labor F-3 84. Applications for the Approval of the Secretary of Labor 85. Section 3.5 Action by the Secretary of Labor upon Applications 56. Prohibited Payroll Deductions 57. Methods of Payment of 1Nages 58. Regulations Part of Contract 8q. Equal Opportunity Provisions (E.O. 11246) q0. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities q1. Civil Rights Act of 1 qb4 q2. Section 10q of the Housing and Community Development Act of 1 q74 q3. Indemnification q4. Delays q5. Maintenance of YVork qb. Antitrust cll. Labor, Materials, and Equipment lb. Federal Labor Standards Provisions qq. Delay, Disruption and/or Other Claims 100. Differing Site Conditions 101. Physical Conditions-Underground Utilities F-4 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Sub-contractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur, Texas. e. "CITY OF FORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. f. "ENGINEER": City Engineer, City of Fort Arthur, Texas 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF FORT ARTHUR - PUBLIC WORKS, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF FORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF FORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF FORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all Personnel required in performing the work under this Contract. Such personnel shall not be Employees of or have any contractual relationship with the CITY OF PORT ARTHUR. F-5 b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. b. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF FORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three (3) years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 1. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. S. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. COMPLIANCE YNITH LAYNS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. F-6 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. F-7 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 11 MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 1q. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re- testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. F-8 20. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the DINNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. c. If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS a. The Engineer will provide one bench mark, near or on the site of the work, and will provide 2 points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the work. b. The CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the General Requirements) and shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor's employees, the CONTRACTOR shall be responsible for the accurate replacement of such reference points by professionally qualified personnel at no additional cost to the OWNER. c. Unless otherwise expressly provided for in the Specifications, the OWNER will furnish the CONTRACTOR all surveys necessary for the execution of the work. F-q 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5.) 25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00.) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Glean Air Act, as amended, 42 U.S.G. 1851, et sea., the Federal Water Pollution Control Act, as amended, 33 U.S.G. 1251, et sea., and the regulations of the Environmental Protection Agency with respect thereto, at 40 GFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTOR'S and Subcontractors shall furnish to the OWNER the following: a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 GFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Glean Air Act, as amended (42 U.S.G. 1851c-8) and Section 308 of the Federal Water Pollution Act, as amended (33 U.S.G. 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. A stipulation that, as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the CONTRACTOR that he will include, or cause to be included, the criteria and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. F-10 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-base paint hazards under subpart B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight(6) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 21. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. NATIONAL HISTORIC PRESERVATION ACT OF 1g66 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1g66(80 Stat. g15, 16 U.S.C. 470) and Executive Order No. 115q3 of May 31, 1 T11). F-11 2G. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract, the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 32. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; F-12 e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 33. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 34. LAND AND RIGHTS-OF-WAY Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds (if any), Proposal, Special Conditions (including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. Si SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTOR'S. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTOR'S and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTOR'S. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 35. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. F-13 b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. In addition to the provisions, the CONTRACTOR shall perform not less than 50 percent of the "Services" as shown on the bid form with its own forces. The 50 percent requirement shall be understood to refer to the "Services" line on the bid form, based on estimated quantities. 39. ARCHITECT/ENGINEERS AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 40. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 41. CONTRACT SECURITY If the Contract amount exceeds Twenty-five Thousand Dollars ($25,000), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000.00) a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent (100%)than that prescribed by state, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 42. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such F-14 bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 43. ASSIGNMENTS The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 44. MUTUAL RESPONSIBILITY OF CONTRACTOR'S If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 45. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 46. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay(a) for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b) for all materials, tools and other expendable equipment to the extent of ninety percent (90%) cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c) to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 47. CONSTRUCTION SCHEDULE A. The successful Bidder shall, within seven (7) calendar days of the date of the Notice of Award and prior to issuance of the Notice to Proceed, submit a detailed Critical Path Method (CPM) Construction Schedule, hereinafter called "Schedule". The Schedule shall follow the "Sequence of Work" which is listed in the Scope of Work section of these Contract Documents. The Schedule shall consist of the following: 1. A logic network GPM arrow or precedence diagram of sufficient detail to construct each segment of the project and to construct the total project. 2. A detailed activities list which includes the following information in tabular form: a. A listing of all submittal, production, procurement and construction management activities; F-15 b. The expected duration (in days)of each activity listed; c. The activities upon which the start of each activity depends; d. The resource requirements (manpower, material and equipment) for each activity; and e. An estimated dollar value of each activity such that the sum total value of all activities equals the total dollar value of the Bid. B. The Owner will review with the CONTRACTOR the proposed GPM schedule submitted by the CONTRACTOR. The purpose of this review is to assure adequate planning for the proper and timely execution of the Work and to assist the Owner in appraising the suitability of the proposed network Schedule for construction of the project. G. Upon acceptance by the OWNER the Schedule will become the basis for monitoring and measuring the progress of the Work. To assure proper tracking of progress throughout the performance of the Work, the GONTRGTOR shall maintain and continuously update his detailed network Schedule. The CONTRACTOR shall, during the first week of each month and at other times as the OWNER may request, furnish to the OWNER an updated schedule which is clearly marked to show the actual percent completion of each activity as of the date of the Schedule update. The CONTRATOR shall submit with the Schedule update, a narrative report of the progress made during the period covered by the Schedule update. This report shall outline accomplishments during the reporting period and shall include a discussion of problems encountered and of how those problems have been or will be dealt with. The narrative report shall also include a discussion of changes or other items encountered which, in the opinion of the CONTRACTOR, may cause problems to the future progress of the Work. The CONTRACTOR shall include in the report a plan of action for overcoming the potential problems stated. a. The OWNER retains the right to withhold progress payments until the GCONTRAGTOR'S updated schedule has been accepted by the OWNER. b. During the course of the Work the Schedule may be revised by agreement of the OWNER and the Contractor. Each revision of the Schedule shall supersede and replace all previous versions of the Schedule. The revised Schedule shall include the following information: 1. Date of revision; 2. Identification of all changes made to the original schedule, including the incorporation of an anticipated Change Orders; 3. Concise narrative explanation of the reasons for each change. c. The CONTRACTOR may request Schedule revisions by submitting a revised Schedule in the form outlined above. However, if the OWNER cannot agree to the suggested revisions, the Contractor shall make those adjustments as may be required to maintain the original Schedule. d. Responsibility for the CONTRACTOR'S Schedule(s) in all aspects, assumptions and implications, either known or unknown, made or assumed, by the CONTRACTOR in the preparation of his 5chedule(s), is entirely that of the CONTRACTOR. Acceptance of the CONTRACTOR'S schedule(s) by the OWNER shall in no way make the OWNER responsible for the execution or non-execution of the CONTRACTOR'S schedule nor is the OWNER responsible or liable in any way for any acts, errors, omissions or negligence of the CONTRACTOR or any Sub-contractor or any of the GONTRACTR'S or Sub-contractor's agents, assigns, servants or employees or any other person, firm or corporation performing or attempting to perform the Work. F-16 45. PAYMENTS TO CONTRACTOR a. Not later than the thirty (30) calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds $25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the Pleasure Island Commission Gouncil's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer (ten)10 working days prior to the next scheduled Pleasure Island Commission Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with F-17 the Contract Documents, the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under(c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. F-1 S 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and Pleasure Island Commission holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven ("1') hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. It is also agreed that Zero (0)calendar rain days have been added to the contract time. Provided, further, that the CONTRACTOR shall, within ten (10) working days after total calendar rain days have been used up in the contract time and such delay thereafter, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in F-19 writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefore as provided and if approved therefore by Engineer. Such delays shall include acts of neglect by the OWNER or others performing additional work, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage, or freight embargoes. All time limits stated in the Contract Documents are of the essence of the Agreement. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS Inclement weather is any weather condition or conditions resulting immediately there-from, causing the CONTRACTOR to suspend construction operations or preventing the CONTRACTOR from profitably utilizing at least 15 percent of the normal labor and equipment force engaged on the Work. Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the forecast by the local NOAA Weather Reporting Station of 30% or greater chance of inclement weather, or the conditions resulting from the weather, or the condition of the Work prevents work from beginning at the usual starting time, and the crew is dismissed as a result thereof, the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations. In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. 56. PROTECTION OF WORK AND PROPERTY--EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. F-20 57. INSPECTION The authorized representatives and agents of the shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 5'1. FEDERAL LABOR STANDARDS PROVISIONS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified) the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by reference), regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b) (2) of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 2d, Code of Federal Regulations. Also, for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under Plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 60. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wage determination. 61. ANTICIPATED COSTS OF FRINGE BENEFITS If the CONTRACTOR does not make payments to a trustee or other third person, he may consider, as part of the wages of any laborer or mechanic, the amount of any costs reasonable anticipated in providing fringe benefits under a Plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account asset for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe F-21 benefits being provided by the CONTRACTOR must be submitted to the OWNER with the first payroll filed by the CONTRACTOR subsequent to receipt of the findings. 62. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: TITLE 40 U.S.C.. SECTIONS 327-332 a. Overtime Requirements: No CONTRACTOR or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty(40) hours in such work week. b. Violation - Liability for Unpaid Wages Liquidated Damages: In the event of any violation of the clause set forth in paragraph (a), the CONTRACTOR and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such CONTRACTOR and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of Ten Dollars ($10.00) for each calendar day on which such employee was required or permitted to work in excess of forty(40) hours without payment of the overtime wages required by the clause set forth in paragraph (a). c. Withholding for Liquidated Damages: The OWNER shall withhold or cause to be withheld from any monies payable on account of work performed by the CONTRACTOR or Subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such CONTRACTOR or Subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). d. Subcontracts: The CONTRACTOR shall insert in any Subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts which they may enter into, together with a clause requiring this insertion in any further Subcontracts that may in turn be made. 63. EMPLOYMENT OF APPRENTICES/TRAINEES a. Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.5. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates) for the area of construction prior to using any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. F-22 b. Trainees: Except as provided in 29 GFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate, who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training, shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, c. the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is provided. d. Equal Employment Opportunity: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order No. 11246, as amended, and 29 GFR Part 30. 64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (1b) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 65. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Unlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract may be added after award only as provided in the labor standards contract clauses (21 GFR, 5.5 (a)(1) (ii). 66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the OWNER, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 61. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions, with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. F-23 68. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 6q. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 10. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 11. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls of the CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2) (B) of the Davis-Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and will maintain records which show the costs anticipated or the actual cost incurred in providing such benefits. The CONTRACTOR and each Sub-contractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the OWNER and the United States Department of Labor. Such representatives shall be permitted to interview employees of the CONTRACTOR or of any Subcontractors during working hours on the job. F-24 72. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the project or program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which these Federal Labor Standards Provisions are applicable. 73. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. The OWNER will not approve any Subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Secretary of Housing and Urban Development to receive an award of such Subcontract. 74. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontracts which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 75. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontract covers any of the work covered by this Contract, shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 7b. EMPLOYMENT PRACTICES The CONTRACTOR (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or cause to be inserted the same provision in each construction Subcontract. 77. CONTRACT TERMINATION; DEBARMENT A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract and for debarment as provided in 29 CFR 5.6. 78. KICKBACKS FROM PUBLIC WORKS EMPLOYEES a. Whoever, by force, intimidation or threat of procuring dismissal from employment or by any other manner whatsoever, induces any person employed in the construction, prosecution, completion or repair of any public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under this Contract of employment, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. F-25 b. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S and Subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each Contractor and Subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code)shall apply to such statements. c. Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part", as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations follow in Section 19. 19. LABOR-TITLE 29 CFR PART 3 This part prescribes "Anti-Kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 2-16c), popularly known as the Copeland Act. This part applies to any Contract which is subject to federal wage standards and which is for the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. This part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally-assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g. the College Housing Act of 1q50, the Federal Water Pollution Control Act and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. This part details the obligation of CONTRACTOR'S and Subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby, sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work and delineates the methods of payment permissible on such work. Section 3.2 definitions as used in this part: a. The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing or materials or servicing and maintenance work. The terms include without limitation, buildings, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies or equipment (whether or not a federal or state agency acquires title to such materials, articles, supplies or equipment during the course of the manufacture or furnishing or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. b. The terms "construction", "prosecution", "completion" or"repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work by persons employed at the site by the CONTRACTOR or Subcontractor. c. The terms "public building" or "public work" include building or work for whose construction, prosecution, completion or repair, as defined above, a federal agency is a contracting party, regardless of whether title thereof is in a federal agency. F-26 d. The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution completion or repair, as defined as above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a federal agency. The term does not include building or work for which federal assistance is limited solely to loan guarantees or insurance. e. Every person paid by a CONTRACTOR or Subcontractor in any manner for his labor in the construction, prosecution, completion or repair of any public buildings, or public works or buildings or works financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. f. The term "any affiliated person" includes a spouse, child, parent or other close relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR or Subcontractor; a corporation closely connected with the CONTRACTOR or Subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. g. The term "federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock which is beneficially owned by the United States, by the District of Columbia or any of the foregoing departments, establishments, agencies and instrumentalities. 80. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES a. As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. b. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution, completion or repair of any public buildings, or public works, or buildings or works financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 2q CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the CONTRACTOR or Subcontractor or by an authorized officer or employee of the CONTRACTOR or Subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance", or on identical form on the back of WH 341, "Payroll (for CONTRACTOR'S Optional Use)" or on any form with identical wording. Sample copies of WH 341 and WH 348 may be obtained from the government contracting or sponsoring agency and copies of these forms may be purchased at the Government Printing Office. c. The requirements of this section shall not apply to any Contract for Two Thousand Dollars ($2,000) or less. d. Upon a written finding by the head of a federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. 81. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS a. Each weekly statement required under § 3.3 shall be delivered by the CONTRACTOR or Subcontractor, within seven (1) days after the regular payment date of the payroll period, to a representative of OWNER in charge at the site of the building or work or, if there is no representative of OWNER at the site of the building or work, the statement shall be mailed by the CONTRACTOR or Subcontractor, within such time, to the OWNER. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available and shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States F-21 Department of Labor. b. Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records for a period of three (3) years from date of completion of the Contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative and by authorized representatives of the Department of Labor. 82. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE SECRETARY OF LABOR Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. a. Any deduction made in compliance with the requirements of federal, state or local law, such as federal or state withholding income taxes and federal social security taxes. b. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. c. Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the CONTRACTOR, Subcontractor or any affiliated person, or when collusion or collaboration exists. d. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) the deduction is not otherwise prohibited by law; (2) it is either(i)voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the e. CONTRACTOR or Subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained directly or indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in the form of commission, dividend or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. f. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. g. Any deduction requested by the employee to enable him to repay loans to, or to purchase shares in credit unions organized and operated in accordance with federal and state credit union statutes. h. Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies such as the American Red Cross. i. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds and similar charitable organizations. F-28 j. Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. k. Any deduction not more than for the "reasonable cost" of board, lodging or other facilities meeting the requirements of Section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made, the additional records required under § 516.21(a) of this title shall be kept. 83. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE SECRETARY OF LABOR Any CONTRACTOR or Subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under§3.5. The Secretary may grant permission whenever he finds that: a. The CONTRACTOR, Subcontractor or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend or otherwise; b. The deduction is not otherwise prohibited by law; c. The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or(2) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees; and d. The deduction serves the convenience and interest of the employee. S4. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR Any application for the making of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: a. The application shall be in writing and shall be addressed to the Secretary of Labor. b. The application shall identify the Contract or Contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified Contracts, except upon a showing of exceptional circumstances. c. The application shall state affirmatively that there is compliance with the standards set forth in the provisions of §3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. d. The application shall include a description of the proposed deduction, the purpose to be served thereby and the classes of laborers or mechanics from whose wages the proposed deduction would be made. e. The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. 85. SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6 and shall notify the applicant in writing of his decision. F-2c1 86. PROHIBITED PAYROLL DEDUCTIONS Deductions not elsewhere provided for by this part and which are not found to be permissible under §3.6 are prohibited. 81. METHODS OF PAYMENT OF WAGES The payment of wages shall be by cash, negotiable instruments payable on demand or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. 66. REGULATIONS PART OF CONTRACT All Contracts made with respect to the construction, prosecution, completion or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the CONTRACTOR or Subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see §5.5(a) of this subtitle. 69. EQUAL OPPORTUNITY PROVISIONS(E.O. 11246) A. Activities and Contracts Subject to Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts under Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided Contracting Officer setting forth the provisions of this nondiscrimination clause. The CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) CONTRACTOR'S shall incorporate foregoing requirements in all Subcontracts. B. Contracts Subject to Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts exceeding Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for Employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. F-30 (3) The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the CONTRACTOR'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the CONTRACTOR'S noncompliance with the non- discrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government CONTRACTOR'S or federally assisted construction Contract in accordance with procedures authorized in Executive Order 11246 of September 24, 19b5, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (7) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any Subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontract or vendor as a result of such direction by the Department, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (applicable to contracts/subcontracts exceeding Ten Thousand Dollars ($10,000)): (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (2) The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Timetable Goals for Female Participation for Participation in Each Trade - 8% Each Trade - 8% These goals are applicable to all the CONTRACTOR'S construction work (whether or not it is federal or federally assisted) performed in the covered area. F-31 The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 GFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (3) The CONTRACTOR shall provide written notification to the Director of the Office of (4) Federal Contract Compliance Programs within ten (10)working days of award of any construction subcontract in excess of $10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the geographical area in which the Contract is to be performed. (5) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is City of Port Arthur, Jefferson County, Texas. D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): (1) As used in these Specifications: (a) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (c) "Minority" includes: (iv) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (v) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (vi) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and (vii)American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Whenever the CONTRACTOR, or any subcontractor at any tier, Sub-contract a portion of the work involving any construction trade, it shall physically included in each Subcontract in excess of $10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. F-32 (3) If the CONTRACTOR is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. CONTRACTOR'S must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each CONTRACTOR or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other CONTRACTORS or Subcontractors toward a goal in an approved Plan does not excuse any covered CONTRACTORS or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. (4) The CONTRACTOR shall implement the specific affirmative action standards provided in paragraphs 7a through '1p of these Specifications. The goals set forth in the solicitation from which the Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the CONTRACTOR should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered construction CONTRACTOR'S performing construction work in geographical areas where they do not have a federal or federally assisted construction Contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Procurement Contracting Officers. The CONTRACTOR is expected to make substantially uniform progress toward its goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the CONTRACTOR has a collective bargaining agreement to refer either minorities or women shall excuse the CONTRACTOR'S obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (6) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The CONTRACTOR shall take specific affirmative actions to ensure equal opportunity. The evaluation of the CONTRACTOR'S compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the CONTRACTOR'S employees are assigned to work. The CONTRACTOR, where possible, will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the CONTRACTOR'S obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available and maintain a record of the organizations responses. F-33 (c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken. (d) Provide immediate written notifications to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR'S efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR'S employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 1b above. (f) Disseminate the CONTRACTOR'S EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (h) Disseminate the CONTRACTOR'S EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the CONTRACTOR'S EEO policy with other CONTRACTOR'S and Subcontractors with whom the CONTRACTOR does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR'S recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CONTRACTOR'S work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. F-34 (I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR'S obligations under the Specifications are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for Subcontracts from minority and female construction CONTRACTOR'S and suppliers, including circulation of solicitations to minority and female CONTRACTOR associations and other business associations. (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR'S EEO policies and affirmative action obligations. (S) CONTRACTOR'S are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a though 7p). The efforts of a CONTRACTOR association, joint CONTRACTOR-union, CONTRACTOR-community or other similar group of which the CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations under la through 7p of these Specifications provided that the CONTRACTOR actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTOR'S minority and female work force participation, makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the CONTRACTOR. The obligation shall not be a defense for the CONTRACTOR'S non-compliance. (1) A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the CONTRACTOR has achieved its goals for women generally, the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is under utilized). (10) The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin. (11) The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from government Contracts pursuant to Executive Order 11246. (12) The CONTRACTOR shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing Subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. F-35 (13) The CONTRACTOR, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (14) The CONTRACTOR shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. (15) Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, CONTRACTOR'S shall not be required to maintain separate records. (16) Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1911 and the Community Development Block Grant Program). 90. SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES During the performance of this Contract, the CONTRACTOR agrees as follows: a. The CONTRACTOR agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135 and any applicable rules and orders of HUD issued thereunder. b. The "section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract Documents". c. CONTRACTOR'S shall incorporate the Section 3 clause shown below and the foregoing requirements in all Subcontracts. d. Section 3 clause as set forth in 24 CFR 135.20(b): (1) The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and Contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. F-36 (3) The CONTRACTOR will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The CONTRACTOR will include this Section 3 clause in every Subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 GFR 135 and will not let any Subcontract unless the Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 GFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the applicant or recipient, or its CONTRACTOR'S and Subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 11. CIVIL RIGHTS ACT OF 1%4 Under Chapter 106 of the Civil Practice & Remedies Gode of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the Pleasure Island Commission. 92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1914 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 93. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits,judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or F-31 failure to give is the primary cause of the injury or damage. 94. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY OF PORT ARTHUR to provide information or material, if any, which is to be furnished by the CITY OF PORT ARTHUR. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City of Port Arthur Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 95. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under paragraph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State of Texas and such Paragraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 14. lb. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.G.A. Sec. 1, et sec{. (1973). 91. LABOR, MATERIALS, AND EQUIPMENT: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written notice and approval by the Engineer. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the OWNER any additional cost incurred by the OWNER as a result of such work. b. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight (8) hours in any one calendar day or forty (40) hours in any one (1) calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation F-38 will be paid to the CONTRACTOR for overtime work only in the event that extra work is ordered by the Engineer, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. d. All costs of inspection and testing performed during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The OWNER shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. e. Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, f. Telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the work. g. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer, the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the OWNER, nor any of the OWNER'S consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions. F-3q 98. FEDERAL LABOR STANDARDS PROVISIONS Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the the time actually worked therein: Provided, construction work covered by his contract that the employer's payroll records pertains is being assisted by the United States accurately set forth the time spent in each of America and the following Federal Labor classification in which work is performed. Standards Provisions are included in this The wage determination (including any Contract pursuant to the provisions applicable to additional classification and wage rates such Federal assistance. conformed under 2q CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) A. 1. (i) Minimum Wages. All laborers and shall be posted at all times by the contractor mechanics employed or working upon the site of and its sub-contractors at the site of the the work (or under the United States Housing work in a prominent and accessible, place Act of 1 q37 or under the Housing Act of 1 q4q in where it can be easily seen by the workers. the construction or development of the project), will be paid unconditionally and not less often (II) (a) Any class of laborers or mechanics which is than once a week, and without subsequent not listed in the wage determination and which is deduction or rebate on any account (except to be employed under the contract shall be such payroll deductions as are permitted by classified in conformance with the wage regulations issued by the Secretary of Labor determination. HUD shall approve an additional under the Copeland Act. (2q CFR Part 3), the full classification and wage rate and fringe benefits amount of wages and bona fide fringe benefits therefore only when the following criteria have (or cash equivalents thereof @ due at time of been met: payment computed at rates not less than those contained in the wage determination of the (1) The work to be performed by the classification Secretary of Labor which is attached hereto and requested is not performed by a classification in made a part thereof, regardless of any the wage determination; and contractual relationship which may be alleged to exist between the contractor and such laborers (2) The classification is utilized in the area by the and mechanics. Contributions made or costs construction industry; and reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis- (3) The proposed wage rate, including any bona Bacon Act on behalf of laborers or mechanics fide fringe benefits, bears a reasonable are considered wages paid to such laborers or relationship to the wage rates contained in the mechanics, subject to the provisions of 2q CFR- wage determination. 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (b) If the contractor and the laborers and mechanics (but not less often than quarterly) under plans, to be employed in the classification (if known), or funds, or programs, which cover the particular their representatives, and HUD or its designee weekly period, are deemed to be constructively agree on the classification and wage rate made or incurred during such weekly period. (including the amount designated for fringe benefits where appropriate), a report of the Such laborers and mechanics shall be paid action taken shall be sent by HUD or its the appropriate wage rate and fringe designee to the Administrator of the Wage and benefits on the wage determination for the Hour Division, Employment Standards classification of work actually performed Administration, U.S. Department of Labor, without regard to skill, except as provided in Washington, D.G. 20210. The Administrator, or 2q CFR Part 5.5(a)(4). Laborers or an authorized representative, will approve, mechanics performing work in more than modify, or disapprove every additional one classification may be compensated at classification action within 30 days of receipt and the rate specified for each classification for so advise HUD or its designee or will notify HUD F-40 or its designee within the 30-day period that 2. Withholding. HUD or its designee shall upon its additional time is necessary. (Approved by the own action or upon written request of an Office of Management and Budget under OMB authorized representative of the Department of control number 1215-0140.) Labor withhold or cause to be withheld from the contractor under this contract or any other (c) In the event the contractor, the laborers or Federal contract with the same prime contractor, mechanics to be employed in the classification or any other Federally-assisted contract subject or their representatives, and HUD or its to Davis-Bacon prevailing wage requirements, designee do not agree on the proposed which is held by the same prime contractor so classification and wage rate (including the much of the accrued payments or advances as amount designated for fringe benefits, where may be considered necessary to pay laborers appropriate), HUD or its designee shall refer the and mechanics, including apprentices, trainees questions, including the views of all interested and helpers, employed by the contractor or any parties and the recommendation of HUD or its subcontractor the full amount of wages required designee, to the Administrator for determination. by the contractor in the event of failure to pay The Administrator, or an authorized any laborer or mechanic, including any representative, will issue a determination within apprentice, trainee or helper, employed or 30 days of receipt and so advise HUD or its working on the site of the work (or under the designee or will notify HUD or its designee within United States Housing Act of 1q37 or under the the 30-day period that additional time is Housing Act of 1 q4q in the construction or necessary. (Approved by the Office of development of the project), all or part of the Management and Budget under OMB Control wages required by the contract, HUD or its Number 1215-0140.) designee may, after written notice to the contractor, sponsor, applicant, or owner, take (d) The Wage rate (including fringe benefits where such action as may be necessary to cause the appropriate) determined pursuant to suspension of any further payment, advance, or subparagraphs (1)(b) or (c) of this paragraph, guarantee of funds until such violations have shall be paid to all workers performing work in ceased. HUD or its designee may, after written the classification under this contract from the notice to the contractor, disburse such amounts first day on which work is performed in the withheld for and on account of the contractor or classification. subcontractor to the respective employees to whom they are due. The Comptroller General (III) Whenever the minimum wage rate shall make such disbursements in the case of prescribed In the contract for a class of laborers direct Davis-Bacon Act contracts. or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor 3. (i) Payrolls and basic records. Payrolls and shall either pay the benefit as stated in the wage basic records relating thereto shall be determination or shall pay another bona fide maintained by the contractor during the course fringe benefit or an hourly cash equivalent of the work preserved for a period of three years thereof. thereafter for all laborers and mechanics working at the site of the work (or under the United (iv) If the contractor does not make payments to States Housing Act of 1 q37, or under the a trustee or other third person, the contractor Housing Act. Of 1g4q, in the construction or may consider as part of the wages of any laborer development of the project). Such records shall or mechanic the amount of any costs reasonably contain the name, address, and social security anticipated in providing bona fide fringe benefits number of each such worker, his or her correct under a plan or program, Provided, That the classification, hourly rates of wages paid Secretary of Labor has found, upon the written (including rates of contribution or costs request of the contractor, that the applicable anticipated for bona fide fringe benefits or cash standards of the Davis Bacon Act have been equivalents thereof of the types described in met. The Secretary of Labor may require the Section (b)(2)(B) of the Davis-bacon Act), daily contractor to set aside in a separate account and weekly number of hours worked, deductions assets for the meeting of obligations under the made and actual wages paid. Whenever the plan or program. (Approved by the Office of Secretary of Labor has found under 29 CFR 5.5 Management and Budget under OMB Control (a)(1)(iv) that the wages of any laborer or Number 1215-0140.) mechanic include the amount of any costs reasonably anticipated in providing benefits F-46 under a plan or program described in Section the full weekly wages earned, without rebate, 1(b)(2)(B) of the Davis-Bacon Act, the contractor either directly or indirectly, and that no shall maintain records which show that the deductions have been made either directly or commitment to provide such benefits is indirectly from the full wages earned, other than enforceable, that the plan or program is permissible deductions as set forth in 2q CFR financially responsible, and that the plan or Part 3; program has been communicated in writing to the laborers or mechanics affected, and records (3) That each laborer or mechanic has been which show the costs anticipated or the actual paid not less than the applicable wage rates and cost incurred in providing such benefits. fringe benefits or cash equivalents for the Contractors employing apprentices or trainees classification of work performed, as specified in under approved programs shall maintain written the applicable wage determination incorporated evidence of the registration of apprenticeship into the contract. programs and certification of trainee programs, the registration of the apprentices and trainees, (4) The weekly submission of a properly executed and the ratios and wage rates described in the certification set forth on the reverse side of applicable programs. (Approved by the Office of Optional Form 1A1H-341 shall satisfy the Management and Budget under OMB Control requirement for submission of the "Statement of Numbers 1215-0140 and 121500017.) Compliance" required by paragraph A.3.(ii)(b) of this section. (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy (d) The falsification of any of the above certifications of all payrolls to HUD or its designee if the may subject the contractor or subcontractor to agency is a party to the contract, but if the civil or criminal prosecution under Section 1001 agency is not such a party, the contractor will of Title 18 and Section 231 of Title 31 of the submit the payrolls to the applicant sponsor, or United States Code. owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted (iii) The contractor or subcontractor shall make the shall set out accurately and completely all of the records required under paragraph A.3.(I) of this information required to be maintained under 29 section available for inspection, copying, or GFR Part 5.5(a)(3)(I). This information may be transcription by authorized representatives of submitted in any form desired. Optional Form HUD or its designee or the Department of Labor, WH-347 is available for this purpose and may be and shall permit such representatives to purchased from the Superintendent of interview employees during working hours on Documents (Federal Stock Number 029-005- the job. If the contractor or subcontractor fails to 00014-1), U.S. Government Printing Office, submit the required records or to make them Washington, DG. 20402. The prime contractor available, HUD or its designee may, after written is responsible for the submission of copies of notice to the contractor, sponsor, applicant or payrolls by all subcontractors. (Approved by the owner, take such action as may be necessary to Office of Management and Budget under OMB cause the suspension of any further payment Control Number 1215-014q.) advance, or guarantee of funds. Furthermore failure to submit the required records upon (b) Each payroll submitted shall be accompanied request or to make such records available by a "Statement of Compliance," signed by the maybe grounds for debarment action pursuant contractor or subcontractor or his or her agent to 2q GFR Part 5.12. who pays or supervises the payment of the persons employed under the contract and shall (Apprentices and Trainees) certify the following: (5) Apprentices. Apprentices will be permitted to (1) That the payroll for the payroll period contains work at less than the predetermined rate for the the information required to be maintained under work they performed when they are employed 29 GFR Part 5.5(a)(3)(i) and that such pursuant to and individually registered in a bona information is correct and complete; fide apprenticeship program registered with the U.S. Department of Labor, Employment and (2) That each laborer or mechanic (including each Training Administration, Bureau of helper, apprentice, and trainee) employed on the Apprenticeship and Training, or with a State contract during the payroll period has been paid apprenticeship Agency recognized by the F-47 Bureau, or if a person is employed in his or her certification by the U.S. Department of Labor, first 90 days of probationary employment as an Employment and Training Administration. The apprentice in such an apprenticeship program, ratio of trainees to journeymen on the job site who is not individually registered in the program, shall not be greater than permitted under the but who has been certified by the Bureau of plan approved by the Employment and Training Apprenticeship and Training or a State Administration. Every trainee must be paid at Apprenticeship Agency (where appropriate) to not less than the rate specified in the approved be eligible for probationary employment as an program for the trainee's level of progress, apprentice. The allowable ratio of apprentices to expressed as a percentage of the journeyman journeymen on the job site in any craft hourly rate specified in the applicable wage classification shall not be greater than the ratio determination. Trainees shall be paid fringe permitted to the contractor as to the entire work benefits in accordance with the provisions of the force under the registered program. Any worker trainee program. If the trainee program does not listed on a payroll at an apprentice wage rate, mention fringe benefits, trainees shall be paid who is not registered or otherwise employed as the full amount of fringe benefits listed on the stated above, shall be paid not less than the wage determination unless the Administrator of applicable wage rate on the wage determination the Wage and Hour Division determines that for the classification of work actually performed. there is an apprenticeship program associated In addition, any apprentice performing work on with the corresponding journeyman wage rate the job site in excess of the ratio permitted under on the wage determination which provides for the registered program shall be paid not less less than full fringe benefits for apprentices. Any than the applicable wage rate on the wage employee listed on the payroll at a trainee rte determination for the actually performed. Where who is not registered and participating in a a contractor is performing construction on a training plan approved by the Employment and project in a locality other than that in which its Training Administration shall be paid not less program is registered, the ratios and wage rates than the applicable wage rate on the wage (expressed in percentages of the journeyman's determination for the work actually performed. hourly rate) specified in the contractor's or In addition, any trainee performing work on the subcontractor's registered program shall be job site in excess of the ratio permitted under the observed. Every apprentice must be paid at not registered program shall be paid not less than less than the rate specified in the registered the applicable wage rate on the wage program for the apprentice's level of progress determination for the work actually performed. expressed as a percentage of the journeymen In the event the Employment and Training hourly rate specified in benefits in accordance Administration withdraws approval of a training with the provisions of the apprenticeship program the contractor will no longer be program. If the apprenticeship program does not permitted to utilize trainees at less than the specify fringe benefits, the wage determination applicable predetermined rate for the work for the applicable classification. If the performed until an acceptable program is Administrator determines that a different practice approved. prevails for the applicable apprentice classification, fringes shall be paid in (ii) Equal employment opportunity. The utilization of accordance with the determination. In the event apprentices, trainees and journeymen under this the Bureau of Apprenticeship and Training, or a part shall be in conformity with the equal State Apprenticeship Agency recognized by the employment requirements of Executive Order Bureau, withdraws approval of an 11246, as amended, and 29 GFR Part 30. apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less 5. Gompliance with Copeland Act requirements. than the applicable predetermined rate for the The contractor shall comply with the work performed until an acceptable program is requirements of 29 GFR Part 3 which are approved. incorporated by reference in this contract. (i) Trainees. Except as provided in 29 GFR 5.16, 6. Subcontracts. The contractor or subcontractor trainees will not be permitted to work at less than will insert in any subcontracts the clauses the predetermined rate for the work performed contained in 29 GFR 5.5(a)(1) through (10) and unless they are employed pursuant to and such other clauses as HUD or its designee may individually registered in a program which has be appropriate instructions require, and also a received prior approval, evidenced by formal clause requiring the subcontractors to include F-46 these clauses in any lower tier subcontracts. shall be fined not more than $5,000 or The prime contractor shall be responsible for the imprisoned not more than two years, or both." compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 2q 11. Complaints, Proceedings, or Testimony by CFR Part 5.5. Employees. No laborer or mechanic to whom the wage, salary, or other labor standards 1. Contract termination; debarment. A breach of provisions of this Contract are applicable shall the contract clauses in 2q CFR 5.5 may be be discharged or in any other manner grounds for termination of the contract and for discriminated against by the Contractor or any debarment as a contractor and a subcontractor subcontractor because such employee has filed as provided in 2q CFR 5.12. any complaint or instituted or caused to be instituted any proceeding or has testified or is 8. Compliance with Davis-Bacon and Related Act about to testify in any proceeding under or Requirements. All rulings and interpretations of relating to the labor standards applicable under the Davis-Bacon and Related Acts contained in this Contract to his employer. 2q CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. B. Contract Work Hours and Safety Standards Act. As used in this paragraph the terms "laborers" q. Disputes concerning labor standards. Disputes and "mechanics" include watchmen and guards. arising out of the labor standards provisions of this contract shall not be subject to the general (1) Overtime requirements. No contractor or sub- disputes clauses of this contract. Such disputes contractor contracting for any part of the contract shall be resolved in accordance with the work which may require or involve the procedures of the Department of Labor set forth employment of laborers or mechanics shall in 2q CFR Parts 5, b, and 1. Disputes within the require or permit any such laborer or mechanic meaning of this clause include disputes between in any work week in which he or she is the contractor (or any of its subcontractors) and employed on such work to work in excess of HUD or its designee, the U.S. Department of eight hours in such work week unless such Labor, or the employees or their representatives. laborer or mechanic receives compensation at a rate of pay for all hours worked in excess of 10. (i) Certification of Eligibility. By entering into eight hours in any calendar day or in excess of this contract the contractor certifies that neither it forty hours in such workweek, whichever is (nor he or she) nor any person or firm who has greater. an interest in the contractor's firm is a person or firm ineligible to be awarded Government (2) Violation; liability for unpaid wages; liquidated contracts by virtue of Section 3(a) of the Davis- damages. In the event of any violation of the Bacon Act or 2q CFR 5.12(a)(1) or to be clause set forth in subparagraph (1) of this awarded HUD contracts or participate in HUD paragraph, the contractor and any subcontractor programs pursuant to 24 CFR Part 24. responsible therefore shall be liable for the unpaid wages. In addition, such contractor and (i) No part of this contract shall be subcontractor shall be liable to the United States subcontracted to or firm ineligible for award of a (in the case of work done under contract for the Government contract by virtue of Section 3(a) of District of Columbia or a territory, to such District the Davis-Bacon Act or 2q CFR 5.12(a)(1) or to or to such territory), for liquidated damages. be awarded HUD contracts or participate in HUD Such liquidated damages shall be computed programs pursuant to 24 CFR Part 24. with respect to each individual laborer or mechanic, including watchmen and guards, (ii) The penalty for making false statements is employed in violation of the clause set forth in prescribed in the U.S. Criminal Code, 18 U.S.C. subparagraph (1) of this paragraph, in the sum 1001. Additionally, U.S. Criminal Code, Section of $10 for each calendar day on which such 1 01 0, Title 18, U.S.C. "Federal Housing individual was required or permitted to work in Administration transaction", provides in in part: excess of eight hours or in excess of the "Whoever, for the purpose of . . . influencing in standard workweek of forty hours without any way the action of such payment of the overtime wages required by the Administration... ... makes, utters or publishers clause set forth in sub paragraph (1) of this any statement knowing the same to be false... .. paragraph. F-4q (3) Withholding for unpaid wages and liquidated C. Health and Safety damages. HUD or its designee shall upon its own action or upon written request of an (1) No laborer or mechanic shall be required to work authorized representative of the Department of in surroundings or under working conditions Labor withhold or cause to be withheld, from any which are unsanitary, hazardous, or dangerous moneys payable on account of work performed to his health and safety as determined under by the contractor or subcontractor under any construction safety and health standards such contract or any other Federal contract with promulgated by the Secretary of Labor by the same prime contract, or any other Federally- regulation. assisted contract subject to the Contract Work Hours and Safety Standards Act which is held (2) The Contractor shall comply with all regulations by the same prime contractor such sums as may issued by the Secretary of Labor pursuant to be determined to be necessary to satisfy any Title 29 Part 1926 (formerly part 1518) and liabilities of such contractor or subcontractor for failure to comply may result in imposition of unpaid wages and liquidated damages as sanctions pursuant to the Contract Work Hours provided in the clause set forth in paragraph (2) and Safety Standards Act. (Public Law 91-54, 83 of this paragraph. Stat 98). (4) Subcontracts. The contractor or subcontractor (3)The Contractor shall include the provisions of this shall insert in any subcontracts the clauses set Article in every subcontract so that such forth in subparagraph (1) through (4) of this provisions will be binding on each paragraph and also a clause requiring the subcontractor. The Contractor shall take such subcontractors to include these clauses in any action with respect to any subcontract as the lower tier subcontracts. The prime contractor Secretary of Housing and Urban Development shall be responsible for compliance by any or the Secretary of Labor shall direct as a means subcontractor or owner tier subcontractor with of enforcing such provisions. the clauses set forth in subparagraphs (1) through (4) of this paragraph. F-50 qq. DELAY, DISRUPTION OR OTHER CLAIMS Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly(but in no case later than ten (10)calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTORS failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. 100. DIFFERING SITE CONDITIONS a. The CONTRACTOR shall notify the Engineer in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery(but in no event later than 14 calendar days)and before they are disturbed: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed and 2. Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed. b. The Engineer will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the OWNER in writing of the Engineer's findings and conclusions. c. If the OWNER concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided, to reflect and document the consequences of the difference. d. In each such case, an increase or decrease in the Contract Price or an extension or reduction of the contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the OWNER and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in the General Conditions. e. The CONTRACTR'S failure to give notice of differing site conditions within fourteen (14) calendar days of discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct, consequential, or inconsequential in nature. f. Nothing herein shall be deemed to require the OWNER to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction. F-51 101. Physical Conditions- Underground Utilities a. Shown or Indicated: The information shown or indicated in the Contract Documents with respect to existing, underground utilities at or contiguous to the site is based on information and data furnished to the OWNER or the Engineer by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions, the Owner and the Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground utilities shown or indicated in the Contract Documents, for coordination of the work with the owners of such underground utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the Contract Price. b. Not Shown or Indicated: If an underground utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and shall notify the Engineer in accordance with the requirements of the General Conditions. F-52 SECTION G LABOR CLASSIFICATION AND MINIMUM NAGE SCALE LABOR CLASSIFICATION AND MINIMUM NAGE SCALE A. GENERAL. Article 515 la of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1g33, Page q1, Chapter 45, provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate of per diem wages which shall be paid for each craft type of workman. This Article further provides that the CONTRACTOR shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after full investigation by the awarding body, the amount of this penalty in any payment that might be claimed by the CONTRACTOR or Subcontractor. The Act makes the CONTRACTOR responsible for the acts of the Subcontractor in this respect. The Article likewise requires that the CONTRACTOR and Subcontractor keep an accurate record of the names and occupations of all persons employed by him and show the actual per diem wages paid to each worker, and these records are open to the inspection of the OWNER. B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto. G-1 LABOR CLASSIFICATION AND MINIMUM 1NAGE SCALE "General Decision Number: TX20200135 08/28/2020 Superseded General Decision Number: TX20190135 State: Texas Construction Type: Building County: Eastland County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above- mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 1 08/28/2020 ASBE0021-002 06/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR $ 24.32 7.52 BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28.00 22.35 IRON0263-019 06/01/2017 Rates Fringes Ironworker, reinforcing and structural $ 23.25 7.32 G-2 LABO0154-022 05/01/2008 Rates Fringes Laborers: (Mason Tender - Cement/Concrete) $ 14.25 2.90 * PLUM0404-001 09/01/2019 Rates Fringes PLUMBER $ 25.55 8.76 SUTX2009-022 04/20/2009 Rates Fringes BRICKLAYER $ 19.67 0.00 CARPENTER, Includes Acoustical Ceiling Installation, Drywall Hanging, and Metal Stud Installation $ 13.00 0 .00 CEMENT MASON/CONCRETE FINISHER $ 13.27 0.00 ELECTRICIAN $ 20.00 3 .11 GLAZIER $ 17 .20 1 .59 HVAC MECHANIC (HVAC Duct and Pipe Installation) $ 14.11 0.77 INSTALLER - OVERHEAD DOOR $ 11.63 6.26 LABORER: Common or General $ 10.39 0.00 LABORER: Landscape & Irrigation $ 8.50 0.22 LABORER: Mason Tender - Brick $ 12.02 0.00 LABORER: Mortar Mixer $ 12.00 0.00 LABORER: Plaster Tender $ 9.00 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 13.75 0 .00 OPERATOR: Bulldozer $ 12.80 0.43 OPERATOR: Crane $ 21.33 0 .00 OPERATOR: Forklift $ 14.58 0 .00 OPERATOR: Loader (Front End) $ 10.54 0 .00 PAINTER: Brush, Roller and Spray $ 12.26 0.00 G-3 PLASTERER $ 15.50 0. 00 ROOFER $ 13. 64 1.80 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 17.00 0.00 TILE SETTER $ 15.00 0 .00 TRUCK DRIVER $ 11.24 0 .35 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1,2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. G-4 Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 G-5 2 . ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" G-6 SECTION 14 SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled The CONTRACTOR will commence and complete the PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE. Job No. PAD-PO1 B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of a Concrete Roadway Replacement. The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning or any subsidiary item which is customarily furnished, and the Contractor shall deliver the installation to the OWNER in operating condition. G. PLANS. Completed By 5 & R Consulting Engineers for the City of Port Arthur PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS Located on the corner of 4th Street and Waco Avenue D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph G. above, is included in items of BID for which unit prices are shown, and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. City reserves the right to schedule sequence of construction. E. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. I. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental items shown in SECTION D - BID. The Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit price. If no entry is made in the spaces provided, the minimum unit H-1 prices shown shall apply. These items are included to facilitate payment for charges and alterations that may be required to complete work. The actual work as provided by the GENERAL and SPECIAL CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on PLANS is described in PROPOSAL items other than Supplemental Pay Items. When work covered by Supplemental Items is requested by the Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and Unit Prices bid in BID. J. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red ink to show as-built dimensions and location of all work constructed. K. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in re- staking. H-2 SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein, or both, including all labor, materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AA51--/TO American Association of State Highway and Transportation Officials AC/ American Concrete Institute ASTM American Society for Testing and Materials AIN/NA American Waterworks Association FS Federal Specifications PGA Portland Gement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories A/5/ American Iron and Steel Institute API American Petroleum Institute /PLEA Insulated Power Gable Engineers Association NEMA National Electrical Manufacturers Association AkV5 American Welding Society PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. H-3 B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. G. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer, stake out work, establish elevations, and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.G., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the DINNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. H-4 If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six CO copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Pre-stressed reinforced concrete members. 5. Reinforced concrete pressure pipe. S. Mechanical equipment, including valves and sluice gates. H-5 7. Electrical equipment, including instruments. S. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. I. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety(q0)days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 8%-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 81/2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDO.NN. 1Nithin seven (7) days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. H-6 K. PROGRESS SCHEDULE. Within seven ('7) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND GLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction, remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 56 of GENERAL CONDITIONS OF AGREEMENT, the following applies: a. "Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." H-7 R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. H-S U. FINAL INSPECTION. /Nhen construction is substantially complete as determined and approved by the City Engineer, Contractor and City of Port Arthur representatives will walk through the project from start to end limits to develop a punch list which notes and marks on site work deficiencies. This punch list of work deficiencies will be rectified and completed within thirty (30) calendar days from the date contractor has received the formal written Punch List notice. Failure to repair deficiencies or replace defected materials alter thirty 30 calendar days, entitles the Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Retainage. Retainage Pajnent will only be released when the following are submitted and complied for Closing out of Project: 1. Completion of Punch List. 2. As-Built drawings submittal. 3. 5ubstantial Completion Letter from contractor and Approved by City Engineer. 4. Affidavit of all Labors Paid. 5. Affidavit of all Materials Paid. 6. Certificate of`Varranty-City of Port Arthur form signed by Contractor. 7. Contractor's Certificate and Release-City of Port Arthur form signed by Contractor. 6. Engineer's Certificate of Acceptance-City of Port Arthur Engineer. H-61 SECTION I PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the Pleasure Island Commission, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2021, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NON, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. i-1 IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 2021. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 510 as amended) and be authorized to transact business in Texas. i-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , 2021, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. J-1 PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 2021. ATTEST: Principal BY: (s) (Principal) Secretary [5 EAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 510 as amended) and be authorized to transact business in the state where the PROJECT is located. J-2 SECTION K ROADINAY REPAIR BOND ROADYVAY REPAIR BOND STATE OF TEXAS COUNTY OF JEFFERSON KNOW BY ALL MEN BY THESE PRESENTS: That of the City of , County of State of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the Citi of Port Arthur, Texas, a municipal corporation (owner) in the penal sum of$100,000 Dollars for the payment whereof the said principal and surety bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents; Whereas, the principal has entered into a certain written contract with City of Port Arthur, dated the day of , 2021 for the Parking Lot Rehabilitation and Expansion of the existing parking lots located at the corner of 4th Street and Waco Avenue, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and keep in good repair the existing public streets, roadways or utilities used by the contractor during the construction period. Herein contracted to do all necessary repairing and/or reconstructing in whole or in part of said streets and roadways that should be occasioned by settlement of foundation, damage to roadway surface, or damage to existing utilities in the roadway right of way. Be it understood that the purpose of this section is to cover all damage to existing streets, roadways and utilities accessed and utilized by said contractor during construction. The said contractor and surety shall be subject to the liquidation damages mentioned in said contract for each day's failure on it's part to comply with the terms of said provisions of said contract; NOW, THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain and repair said existing public streets, roadways and utilities, then these presents shall be null and void and have no further effect. If default shall be made by the said contractor in the performance of it's contract to so maintain and repair said existing public streets, roadways and utilities, then these presents shall have full force and effect and said Owner shall have and recover damages from the said contract and it's principal and surety. It is further agreed that this obligation shall be continuing one against the principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. K-1 PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond. IT WITNESS WHEREOF, the said principal and surety have signed and sealed this instrument this day of , 2021. Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Roadway Repair Bond must not be prior to date of contract. K-2 SECTION L NOTICE OF AWARD NOTICE OF AYNARD DATED: TO: ADDRESS: CORNER OF 4"'STREET AND WACO AVENUE PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO.: PAD-P01 CONTRACT FOR CONSTRUCTION OF: PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS LOCATED AT THE CORNER OF 4TH STREET AND WACO AVENUE You are notified that your Bid dated Wednesday, Month Date, Year for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The PARKING LOT REHABILITATION AND EXPANSION OF THE EXISTING PARKING LOTS The Contract Price of your contract is Amount( ). Work to be performed under this contract is to be completed within 60 calendar days. 2 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 2 sets of Working Documents (Contract Documents, Technical Specifications and Drawings) will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within Seven Cl) Calendar days of the date of this Notice of Award, that is by , or by the first working day thereafter. 1. You must deliver to the ENGINEER 2 fully executed counterparts of the Agreement including all the Contract Documents and Certifications included with the Contract Documents. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Advertisement for Bids, General Conditions and Supplemental Conditions. 3. You must deliver to the ENGINEER 2 original Certificates of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees, to be expressly named as additional insureds, in accordance with the General Conditions. L-1 NOTICE OF AWARD Gontruction Firm Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within Seven CO calendar days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: City of Fort Arthur,TEXAS BY: TITLE: ACCEPTANCE OFAkk.4RD. CONTRACTOR: BY: TITLE: DATE: L-2 SECTION M NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO. PAD-PO1 CONTRACT FOR: LAKESHORE DR. PAVEMENT IMPROVEMENT PROJECT PHASE II Work to be performed under this contract is to be completed within 60 calendar days. You are notified that the Contract Times under the above contract will commence to run on . By that date, you are to start performing your obligations under the Contract Documents. The date of Final Completion will be Before you may start any Work at the site, Section C, Paragraph 5 of the Contract Documents provides that you must deliver to the OWNER Certificates of Insurance which you are required to purchase and maintain in accordance with the Contract Documents. (Owner/Engineer) BY: (Authorized Signature) (Title) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: (Title) (Date) M-0 SECTION N INSURANCE A �® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE• 11/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Monica Broussard McElveen Insurance LLC PHONE FAX 700 W. Prien Lake Road IA/C.No.Ext):337-475-7441 (A/C,No):337-564-6934 Lake Charles LA 70601 ADDRESS: mbroussard@mcelveenins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Trust Insurance Company 20141 INSURED SOUTTEX-01 INSURER B:XL Specialty Insurance Company 37885 CMST, LLC dba Construction Managers of Southeast Texas INSURER C:Texas Mutual Insurance Company 22945 P 0 Box 5250 INSURER D: Beaumont TX 77726 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:845101176 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y GL100033697 11/28/2020 11/28/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JE r LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Limited pollution $100,000 A AUTOMOBILE LIABILITY Y Y CA100007752 11/28/2020 11/28/2021 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY X HIRED AUTOS x AUUTOS ED (Per a cident) DAMAGE A )( UMBRELLA LIAB X OCCUR Y UMB100019341 11/28/2020 11/28/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10 000 $ C WORKERS COMPENSATION Y 0002041282 11/28/2020 11/28/2021 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Equipment UM00071088MA20A 11/28/2020 11/28/2021 Rented&Leased Limit 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is Additional Insured on Auto(CAU058 01/15)and General Liability(CGL088 01/15)including ongoing operations and products-completed operations(CGL084 10/13)with a Waiver of Subrogation on Auto,General Liability and Workers Compensation as required by written contract.Bruce Reyes is excluded under Workers Compensation.Coverage is primary and noncontributory on General Liability and Business Auto as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sample AUTHORIZED REPRESENTATIVE ,i )(1 A ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD SONIPG INTERNATIONAL INSURANCE POWER OF ATTORNEY 11945 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a"Company" and collectively,"Sompo International,"do hereby constitute and appoint: HoIII Orr, Eric Matlaga,Jennifer Westmoreland as true and lawful Attorney(s)-In-Fact to make, execute,seal,and deliver for,and on its behalf as surety or co-surety;bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000,00). Such bonds and undertakings for said purposes,when duly executed by said attorneys)-in-fact,shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15s' day of June,2019,a copy of which appears below under the heading entitled"Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15u'day of June,2019 and said resolution has not since been revoked,amended or repealed: - RESOLVED,that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,each Company has caused this instrument to be signed by the following officers,and its corporate seal to be affixed this 151h day of June,2019. End rance Assurance Corporatio Endurance American .; Lexon Insurance Company • Bond Safeguard In fa, a pa In ura ce Co pa . . ' ' ifiBy: By: By: By f A,,. Richard Appel,';a,U.R,$, nior ounsel Richard Appel',SVP"&,�Senior Counsel Ric and Appel; rP •Son,• Cou eel Ri and Appeli„SUFP.&4 nto'••U ,�ei 0 suraR ", >�scan ins'e. a' aaasai s D 1t,1,.4 ,„ 9 C;,..�,SEAL T�Gs•�.Q a i 4�t-p1 �C�.niA q "C'o SEAL a Spi1�H n e SEAL .O i =.1 SEAL 1 os 4 G,A I '•; •' DAKOTA O i s c, 2002 ;°'' = • x', 1996 ;o s - y Apr Q INSURANCE %y,j'.DELAWAiRE,; � -5,,DELAWAftE 'a'i -ate''•yrc ,�* ♦% Zr�,`, COMPANY ;Y a ya.,a r. .,0•.. ./e. ♦,14,9yp" -••-' as "''00 "i,•N''...-•• J.mar t%e, ty�„ `any/' . ,,n,u,,.u•`� hw,r,„.”.0.9'a ACKNOWLEDGEMENT ar "^n, On this 15'^day of June,2019,before me,personally came the above signatories known to me,who being duly sworn,did depose and say that he/t�+erl t ofDcer of each of the Companies;and that he executed said instrument on behalf of each Company by authority of his offi under the by s of each Company;" )Y•••.-" z++i..0 e. By; _ .see, Amy aylor,No ublict° fr mmissren Ecpir s 5/03 CERTIFICATE . °+ram* ,.� I I,the undersigned Officer of each Company,DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted►y the sole shareholder of each Company by unanimous written consent effective June 15,2019 and said resolutions have not since been revoked,amended or modified: 'RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others: RICHARD M.APPEL,BRIAN J.BEGGS.CHRISTOPHER DONELAN,SHARON L SIMS, CHRISTOPHER L.SPARRO,MARIANNE L.WILBERT ;and be it further RESOLVED,that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making,executing,sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company," 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal this sib day of June ,20 21 By• Dante S. rie, •e retary NOTICE: U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL IOFACt No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided.This Notice provides,rtfamtabun concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control(OFAC)administers and enforces sanctions policy,based on Presidential declarations of"national emergency". OFAC has identified and listed numerous foreign agents,front organizations,terrorists,terrorist organizations,and narcotics traffickers as"Specially Designated Nationals and Blocked Persons".This list can be located on the United States Treasury's website—httos:Uwww.treasury aov/resource-centerisanctions,SON-List. In accordance with OFAC regulations,if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S.sanctions law or is a Specially Designated National and Blocked Person,as identified by OFAC,any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract,no payments nor premium refunds may be made without ' authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission:LexonCiaimAdministrationpsompo-,ntl.com Telephone:615-553-9500 Mailing Address:Sompo International;12890 Lebanon Road;Mount Juliet,TN 37122-2870 SECTION 0 TECHNICAL SPECIFICATIONS General Notes and Specifications The Texas Standard Specifications 2014 Book will govern all specifications not directly addressed in this document. Assume ownership for all designated waste material and dispose of it at a place off of the right of way, as approved by the engineer. Allow City forces to enter this project to accomplish such work as shown in the plans (by others) and as may be deemed necessary by the engineer. Maintain adequate drainage throughout the limits of the project during all construction phases. Upon approval, vary the governing slopes shown on the typical sections as necessary. Maintain for the duration of this project, those sections of existing and proposed travel ways and appurtenances which are to be constructed, reconstructed, or modified under this project. City forces will maintain the existing sections of roadway and its appurtenances not a part of this project. Any portion of roadway and its appurtenances damaged by the contractor's forces shall be repaired by the contractor at his/her expense. Any portion of roadway damaged by others shall be repaired by the contractor by force account. Verify material quantities and dimensions prior to ordering materials. Place all equipment and vehicles not in operation a minimum of 10 feet from the travel way unless protected behind positive barrier. Protect all areas of the right of way which are not included in the actual limits of the proposed construction areas from destruction. Restore any damaged areas to original or better condition. No payment will be made for this work. Direct attention to comply with all ordinances and regulations of local municipal and county governments and the TCEQ (Texas Commission on Environmental Quality), which may be applicable on this project. This will not be paid for directly and will be considered subsidiary to various bid items. Procure all the necessary city and/or county permits and licenses before the start of this project. This will not be paid for directly and will be considered subsidiary to various bid items. Move existing signs, mailboxes, delineators, and any other similar obstructions that interfere with construction to temporary locations approved by the engineer. Move them back to their permanent positions when the work progresses to the point where this is possible. Place the signpost back in accordance with the applicable standard sheets. This will not be paid for directly and will be considered subsidiary to various bid items. The approximate location of the known underground utility installations is as shown on the plans. Confirm the location of these utility lines and the exact location of any others which may exist. Assume full responsibility for notifying the utility involved in case of conflict or damage and he/she shall be responsible for damage that occurs due to his/her negligence. Remove and dispose of abandoned lines encountered that interfere with the construction of this project. Consider this work to be subsidiary to the various bid items of the contract. Contractor shall submit 51N3P plan prior to the start of construction. This will not be paid for directly and will be considered subsidiary to various bid items. The Contractor will establish the project control point, points, or tangency, PI's (points of intersection), point of curvature (PC, PI, and PT) and bench marks at the beginning and end of the project on the plan view only. Contractor shall establish and maintain these points throughout construction. There will be no separate payment for this work, but it shall be considered subsidiary to various bid items. 0-1 Control the dust caused by construction operations. For sweeping the finished concrete pavement, use one of the following types of sweepers or equal: Tricycle Type Truck Type -4 Wheel Wayne Series 900 M-B Cruiser II Elgin White Wing Wayne Model 945 Elgin Pelican Mobile TE-3 Mobile TE-4 Murphy 4042 When design details are not shown on the traffic control plans, provide signs and arrows conforming to the latest"Standard Highway Sign Designs for Texas" manual. The contractor will sample all concrete and make and test all beams and cylinders in accordance with the test methods provided for under the appropriate standard specifications for the various items. Before excavating near existing utilities, contact the utility companies or the utility coordinating committee for exact locations to prevent damage or interference with present facilities. Notify the utility coordinating committee and the Texas One Call System at the following numbers: AT & T 0: 409.839.1851 Eddie Cook Telephone Company M: 409.924.1495 0: 409.813.1666 Cliff Palermo M: 401.291.9481 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur 0: 409.983.6551 Darrell Harmon Water Distribution M: 409.118.2442 City of Port Arthur 0: 409.983.8551 Jerome Hudson Sewer Conveyances M: 409.543.3839 City of Port Arthur 0: 409.983.8524 Curtis Newman Drainage Superintendent M: 409.365.1184 Entergy Ph: (409)982-5830 Ms. Pauline Oliver Time Warner Ph: (409) 120-5501 Mr. Hercel Stracener Communications Texas Department Ph: (409) 924-6540 Casey Cogswell of Transportation Jefferson County Ph: (409) 985-4369 Brady Girouard Drainage District#1 Texas One Call Ph: 1-600-245-4545 This action does not relieve the Contractor of the responsibilities under the terms of the contract or the plans and specifications. Damage caused by the Contractor's operations shall be repaired and restored to service in a timely manner at no expense to the City. If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the City. 0-2 If working near power lines, comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved. Any storm water permit and associated fees required for construction of this project shall be at the contractor's expense. Also, any temporary erosion, sediment and water control measures required shall be in accordance with the details shown in the plans and all work and materials required shall be paid for under the item "Temporary Erosion, Sedimentation & Environmental Controls". If storm water grading permit is required for this project it shall be filed by the contractor at the contractor's expense. Longitudinal Joints, construction Joints and Warp cuts shall be installed as shown on construction detail sheet and on typical paving cross sections, Maximum spacing between joints not to exceed 15 feet. All joints in concrete pavement shall be sawed and sealed with a Class 5 Joint Sealant or polyurethane self-leveling sealant. Prior to final acceptance, all new structures and extensions shall be cleaned and free of debris and dirt. This work will not be paid for directly but will be considered subsidiary to the various bid items. Contractor to verify all horizontal and vertical control, prior to beginning work. Notify the Engineer immediately if discrepancies are discovered in the horizontal control or the benchmark data. The contractor shall be responsible for maintaining control throughout the duration of the project. Furnish all materials, labor and incidentals required to provide for traffic passage across the roadway and for temporary ingress and egress to private property in accordance with article 1.1 of the standard specifications at no additional cost to the City. This shall be incidental to the various bid items on this project. Pavement shall be minimum 3,000 psi and have reinforcing steel consisting of #3 bars at 18" on center both ways unless otherwise shown in plans. Excavation and cement stabilized backfill for pipes shall be paid for according to bid items 400-001 and 400-002 respectively. Backfill requirements shall be in accordance with the excavation and backfill diagrams shown in the plans and with applicable specifications. Cutting holes in existing manholes or inlets, and/or connecting to existing storm sewers or culverts, will not be paid for directly but shall be considered subsidiary to the various bid items of the contract. Open, install, and backfill each section, or a portion of a section, in the same day at locations requiring pipe culverts under existing roadways. Item 5: Control Of Work Any earthwork cross-sections, computer printouts, data files and any other information provided is for non-construction purposes only and it is the responsibility of the prospective bidder to validate the data with the appropriate plans, specifications and estimates for the projects. Contact the City of Port Arthur located at 444 4th Main Street(40q) 983-8182. Item 1: Legal Relations And Responsibilities Furnish all materials, labor and incidentals required to provide for traffic across the highway and for temporary ingress and egress to private property in accordance with article 7.1 of the standard specifications at no additional cost to the City. This shall be incidental to the bid items on this project. 0-3 Maintain the roadway slope stability. Temporary retaining structures or shoring may be required. Before installing any proposed temporary retaining structures or shoring, secure written approval. Submit design calculations, working drawings and a plan of operations including sequencing. Maintaining slope stability is subsidiary to the various bid items. This contract requires work performed on railroad property. Cooperate with the railroads and comply with all of their requirements including obtaining any training they require before performing work on railroad property. Item 8: Prosecution And Progress Gather information and direct attention to the aspects of adjoining projects that may be in progress during the construction of a portion of this project. Plan and prosecute the sequence of construction and the traffic control plan with adjacent construction projects so as not to interfere with, or hinder the completion of the work in progress on the adjoining projects. Coordinate projects to ensure an uninterrupted flow of traffic. Contract is based upon the Substantially complete the project in 45 calendar days. Contractor to be 100% The number of working days for final acceptance will be 15 working days after the substantial completion of the project. Item 104: Removing Concrete All concrete (sidewalks, driveways, slabs, pavement, etc.) will be saw cut to full depth at connection points to existing pavements. Saw cutting of all concrete (sidewalks, driveways, slabs, pavements, etc) and as directed by the engineer for removing concrete will not be measured or paid for directly but will be subsidiary to pertinent items. Item 110: Excavation All excavated material not used on this project shall be the property of the contractor and disposed of at a site approved by the engineer. There will be no direct payment for hauling of excess excavated material, but shall be considered subsidiary to the item 110 "Excavation". Excavation shall be a plans quantity measurement item. Payment shall be based on the quantity as shown in the proposal sheet. Additional compensation will be considered for extra excavation due to field change which effect the total quantity more than 5%. If manipulating the excavated material requires moving the same material more than once to accomplish the desired results, the excavation is measured and paid for only once regardless of the number of manipulations required. Excavation and backfill necessary for removal of structures will be considered subsidiary to this pay item. Backfill will be handled according to the specification using existing excavated materials or other select material which has been approved by the Engineer. Item 132: Embankment Provide Type A embankment unless otherwise indicated in the plans. The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement'will be paid for at unit price bid for Embankment(Final)". Compaction method is specified as ordinary density control compaction. 0-4 Item 210: Rolling Compact embankment, subgrade, base, surface treatment, or base materials. The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items. Item 247 Flexible Base Type A-Grade 1 is to be used on this project. Item 316 Surface Treatments AG-15P or AG-20-5TR at a rate of 0.30 GAL/SY is to be used on this project. Remove vegetation and blade pavement edges. For the Type D material, ordinary compaction control will be used instead of air void control. Item 340: Dense Graded Hot-Mix Asphalt The transition surface areas to be overlaid shall be bladed, cleaned and broomed where necessary and tack coated as directed by the engineer. There will be no direct payment for this work, but shall be considered subsidiary to item 340. Siliceous granite and gravel, iron ore, or lightweight material will not be permitted on this project. The paving mixture shall consist of a uniform mixture of coarse aggregate, intermediate aggregate, fine, and asphalt material. Fine aggregate shall consist of manufactured sands, screenings, and field sands. Prime coating flexible base course for asphalt placement surfaces will not be paid for directly, but will be considered subsidiary to Item 340. Type D (64-22) is to be used on this project. Remove vegetation and blade pavement edges. For the Type D material, ordinary compaction control will be used instead of air void control. Item 360 Concrete Pavement Contractor to match all transverse joints when placing any concrete within parking lot. Repair portions of the concrete pavement surfaces that are damaged while in a plastic state before that area receives permanent pavement markings and opens to traffic. Perform repairs that are structurally equivalent to and cosmetically uniform with the adjacent undamaged areas. Do not repair by grouting onto the surface. Saw cutting of all joints (transverse expansion joints, longitudinal construction joints, longitudinal sawed joints, transverse sawed joints and others) will not be paid for separately, but shall be considered subsidiary to pertinent items. Item 465 Manholes and Inlets Inlet and manhole "ring and cover" shall be gray cast iron of part no. as shown in the plans. The dimensions and descriptions are shown on the plans. Dimensions may vary to the extent determined by the engineer. 0-5 If building manholes or inlets in graded areas, first construct them to an elevation at least 4 in. above the top of the highest entering pipe and cover with a wooden cover. Complete the construction of such manholes or inlets to the finished elevation when completing the grading work for such manholes or inlets. Adjust the final elevation, if required, since this elevation is approximate. Manholes to be adjusted are to have rim elevations equal to the final surface elevation. Construct manholes and inlets in paved areas to an elevation so their temporary wooden covers are flush with the surface of the base material. Do not leave excavations or trenches open overnight. Item 4cI6 Removing Structures The communication tower to be removed shall be the property of the contractor. Removal and disposal of this structure in its entirety will be the sole responsibility of said contractor. Item 500: Mobilization Mobilization shall not exceed three (3) percent of the total construction items amount. Item 506: Temporary Erosion, Sedimentation And Environmental Control A Storm Water Pollution Prevention Plan (51A1P3) is required for submittal when the disturbed area is 1 acre and greater, with the "Notice of Intent" (NOI) as required. The NOI will be completed and filed by the Contractor at the contractor's own expense. Use appropriate measures to prevent, minimize, and control the spill of hazardous materials in the construction staging area. Remove and dispose of materials in compliance with State and Federal laws. Before starting construction, review with the Engineer the SW3P used for temporary erosion control as outlined on the plans. Before construction, place the temporary erosion and sedimentation control management practices as shown on the S1^1P3. Before starting grading operations and during the project duration, place the temporary or permanent erosion control measures to prevent sediment from leaving the right of way. Implement temporary and permanent erosion control measures to comply with the Texas Pollution Discharge Elimination System (TPDES) general permit. Item 502 Barricades, Signs, and Traffic Handling Contractor to access work site from Waco Street. If necessary, contractor to stage material deliveries on rear existing parking area. No staging will be allow on 4'" Street or Waco Avenue. Submit changes to the construction phasing plan to the Engineer. Provide a layout showing the construction phasing, signs, striping, and signalizations for changes to the original traffic control plan. Furnish and maintain the barricades and warning signs, including the necessary temporary and portable traffic control devices, during the various phases of construction. Place and construct these barricades and warning signs in accordance with the latest "Texas Manual on Uniform Traffic Control Devices for Streets and Highways"for typical construction layouts. Furnish additional barricades and signs to maintain traffic and motorists' safety when directed by the Engineer. Consider payment for these additional signs and barricades subsidiary to Item 502. O-6 Cover work zone signs when work related to the signs is not in progress, or when any hazard related to the signs no longer exists. Keep the delineation devices, signs, and pavement markings clean. This work is subsidiary to the Item, "Barricades, Signs, and Traffic Handling". Do not mount signs on drums or barricades, except those listed in the latest Barricades and Construction standard sheets. Use traffic cones for daytime work only. Replace the cones with plastic drums during nighttime hours. Place positive barriers to protect drop-off conditions greater than 2 ft. within the clear zone that remain overnight. The traffic control plan (TCP) shall conform to the BC (1) - (12) standards and part VI of the Current Texas Manual Of Uniform Traffic Control Devices. Remove all traffic control devices from the roadway, off of the right of way, when they are not in use. Devices scheduled to be used within 3 days may be placed along the shoulder of the roadway or right of way when not in use, or stored in other approved areas on the project. Cover any construction signs that are not in effect that are installed in a fashion that will not allow them to be removed from the right of way easily. Construct all work zone signs, sign supports, and barricades from material other than wood unless approved by the engineer. Galvanize steel supports if used. Aluminum posts, if used, shall meet the following minimum thickness requirements: Square Feet Minimum Thickness Less Than 7.5 0.080 Inches 7.5 To 1.5 0.100 Inches Greater Than 1.5 0.125 Inches Plan the sequence of work so as to minimize inconvenience to the traveling public. Any changes to the traffic control plan shown in the plans must be approved in writing by the Engineer. Submit the revised plan for approval to the Engineer. The approval by the engineer of the method and procedure the contractor plans to use to handle or detour traffic will not relieve the contractor of his responsibility for the protection of the traveling public. Install temporary fence around the open pit by the end of each working day to safeguard pedestrian using the sidewalk. No payment shall be made for this work directly but will be consider subsidiary to this item. The Contractor shall submit to the City prior to start of any construction work, a hauling truck and construction vehicles route plan. This route plan shall show streets to be taken for trucks and vehicles either empty or hauling materials going in or out the construction areas scope of work. The Streets that are to be used as truck and vehicle routes shall be truck loads roadway bearing pavements. Upon approval of the Engineer, this truck routing plan will be strictly implemented. Any changes that are required as construction phases progresses will be reviewed and approved by the Engineer. This work will not be measured or paid for separately but will be considered subsidiary to this pay item. Construction Exit shall be paid for under Item 506. Item 618 Conduit Contractor may utilize an additional run of conduit for the sectioned conduit as called out in the plans. If this is the chosen method, no additional cost will be accrued by the City. 0-7 Item 644 Small Roadside Signs and Assemblies Handicap signs shall be mounted on sign poles with the base system of thin wall tubing and directly mounted to proposed fencing. Item 112 Gleaning and Sealing Joints and Cracks (Asphalt Concrete) Furnish Glass B Rubber-Asphalt Crack Sealing compound in accordance with Section 300.2.H, Asphalt, Oils and Emulsions. When need to reduce tracking, as directed, furnish fine aggregate in accordance with Section 340.2.A.3., as approved. Performed crack sealing under existing traffic with minimal interference to the operation of the facility. Route cracks to the dimension of X inch deep and 1 Y2 inch wide. Glean parking lot of all debris and open to traffic as soon as possible, and no later than the end of the day. Dispose of solvents or other materials in a timely manner in accordance with local, state and federal regulations. Provide written documentation showing proof of compliance when required. Security System, Fence, and Gate System is to be GGTVSecurityPros 5V-41PM138-B-V2 or equivalent. Contractor to submit proposed security system documentation to engineer for approval prior to installing system. Gate reader shall be Parking Boxx 'Access Control' or equivalent. Contractor to provide gate documentation for approval by engineer prior to purchase and installation. Contractor may use ground anchors to attach fence to ground. If this is the chosen method, contractor is to submit shop drawings to Engineer for approval. If contractor choses to pour concrete drill shafts to attach fence to ground, contractor is to submit shop drawings to engineer for approval. Drill shafts and/or anchors are not to be paid for directly but shall be considered subsidiary to fence. Fencing shown is just representative of the style that Is to be provided. Contractor to submit fence styles shop drawings to engineer for approval prior to installation. Wrought Iron fencing is to be steel and powder coated with corrosive resistant coating prior to delivering to job site. Any scratches dents or defects on sections of fencing shall not be accepted and will be replaced at the expense of the contractor. Awning Contractor to provide 15' x 18'x 10' clear awning for fueling station. It is the responsibility of the contractor to provide the Engineer with technical specification for the type and installation of said awning prior to purchase. Engineer must have final approval. Awning is to be aluminum or steel coated with approved corrosive resistant barrier. O-8 Parking Lot Lighting Parking lot lighting is to be Energy Light Inc. PK 3003 or equivalent. The light fixtures must be on each pole. Drill shaft for light foundation must be eight(8')foot deep with a two (2') foot extruding from top of asphalt elevation. Contractor to obtain bolt circle from manufacturer prior to placing drill shafts. Contractor to provide engineer with chosen pole and light specifications or approval prior to purchase of light fixtures, and poles. General Notes for 1Nater& 5anitanj Sewer Utilities Only Contractor may install proposed water lines by open cut or horizontal directional bore on grade methods at his option unless specifically noted on plans. Payment shall be as per unit price as shown in bid items. All directional bore water lines shall be C900- Class 150 restrained joint PVC. All open cut water lines may be bell & spigot. Any Existing waterlines beneath pavement that is shown to be capped and abandoned is to be filled with flowable grout a minimum of 5' beyond edge of pavement. In lieu of placing flowable grout, the contractor may remove the existing line. This work will not be paid for directly but shall be considered subsidiary to placing the new waterline. Contractor is made aware that the Owner may not have the ability to isolate existing water lines for tie-in or abandonment purposes. Contractor is to coordinate with the Owner at least 48 hours prior to making any connections to existing waterlines to allow for Owner to determine procedure to isolate the necessary waterlines. Representative of the City to be on site while all connections are made. Contractor shall schedule tie-ins that will disturb water service to residents with the City. Contractor shall be required to hand out notices to the residents 24 hours prior to scheduled disturbances. Contractor will be responsible for transferring water service lines from lines to be abandoned to proposed water lines. Water and sewer service lines are not shown. Contractor to locate in the field, prior to construction. Proposed water lines shall be a minimum of 3' bury to top of pipe from finished grade. Separation distance between water and sanitary sewer lines are 9' horizontally and 2' vertically. Contractor shall be responsible for restoration of all property corner markers disturbed during construction. All utilities shown are for informational purposes and their exact location must be determined by the contractor prior to any construction. Contractor shall install all existing and new water and sanitary sewer service lines up to the respective property lines on all sections of new water and sanitary sewer mains in accordance with the details in this contract. Contractor to expose and verify location, size, and depth of all existing water lines at proposed connection locations prior to any construction. All water line fittings to be ductile iron with mechanical joints (megalug type). Thrust blocking to be used at all fittings per details. This is subsidiary to various bid items. O-9 Contractor shall perform a testing on each segment of water and sanitary sewer lines in accordance with the City of Port Arthur specifications. The contractor shall provide all necessary equipment for testing and the cost for testing shall be considered subsidiary to the various bid items in the contract. All testing shall be witnessed by the inspector. Any segments of line not passing the required tests shall be promptly corrected. Water and sanitary sewer lines placed will be paid only after they have passed the required tests per unit bid item cost. Furnish and install high density plastic water pipe P.E. 3408 SPR q, 200 psi for long & short service connections up to the meter box, with all fittings, complete in place, including surface restoration to its pre-construction condition including sodding, testing and necessary appurtenances, all in strict accordance with the plans, specifications, contract documents, and state and federal regulations. 1"meter boxes will be with lid, poly marked "Water Meter" 0FW31F-12-AF1 ET-100TTL or equal. Submit shop drawings for Engineer's approval. All water and sanitary sewer lines will be tested prior to city acceptance. All water mains and fire lines to be installed to city specifications. 24-hour notice is required prior to any installations or inspections call The City of Port Arthur. City forces will make tap, install valve, and/or set water meters at the expense of the contractor. 0-10 SECTION P SPECIAL SPECIFICATIONS Special Specifications usg. PK3003 LED Light Pole Kit with Three 300 Watt LED Lights than List hiss 1,.,f ACILZIACIbl Cn annoincla..Raer LED nen Ivl•Aawmhiy Wanks :euxe r 1 WI;Kok i Le:l IMN'.wrrel.t,.vs),m_innMt Ir.!a.and/Imam,. �—PrcRc._ei I��pcnnal an,f ants situ and•hex ut.a-. 4. t poet Palk Shaft(nm>sisal wad.reed v4d,mNmau Yw.d at-a-•ph u"55lltu aait 20 ft P.Afade.4'was A 1:tams. ft-aaka:4'war•A 7 ass 30 ft .:5'Maus.X 7 w•.•1a Palk ILypM.SP.nd.., 3.p lwytlr.a XI ft Ltua.ul Latin,AM 2S ft and 10 ft. 6.;' ' ~ Canaan hapfu ors dial ara I,43,❑Irtl2 ll4unchq 6n.Jirr Saha eats A.•t of 4 ddaanuad.L..rchte Sul n pnrahk.l Each•nc1u.b I rn i.dan 2 rt..sal 2.weir.. tale Deal=4'.c.ante:4Ij 2'out r 1.l(Shale list. 11-x1'holt Etacrial $0 ft mina 1: tart 0w(WEIS Lave has 103',I l-hot 11tehol fhndhd.H.r.dhua n I.w.JA 1r.b the ho.pLL.I 25 ft and 25 ft pa ha e1'sus w.1.1.1.µea rut m 4.sic andltuk aswer.aA.S T.n'Icy S and G ft ark,.Y es-for 10 aoW.. Coker Nark arms taw Cann:ABS.Macnt bena war nett darn, at,flews Mala.ax Aluminum Lunar team will ni*r•l.I floe,,mdnua has dnainticn. tukc react a.a.w. 61"� harm:1LX1 Wr.La Lasts 41011. Nalsp:Lb'i2)7�tul!yratMlyd.2DfNti N-.t:shun•.liana:aylar = ' h :Ss aarroeae.ec 53UCt(d•tatrd.47011.n_.9lG.3. Enka. Let datrltwlhac fapa i m.nds:1 rap.4 Stun•.11 4iI:ado V P¢d thaldnaae:Uµttend Tantel.tci Snots:AIL alaenit:0-LAW2inmkt Lashio.ual.aeuawarcl nut;a ants;rt.i;null. I I Helve ut 6eWti.LL Last fin Watt.w.Ium DEC tights:Lnu:.P.aniunt. Naleror MIS Lila tapwYracr.:MUM hurry ltnl`(j SuCP [ [��t� NrraMa:.3 tarn "I l`"yLJ HdthC L9 tn. Tool Atnw Ms Mad ISSN lxai P:MR Teed W nara W.anl 1.MN YIN 15 ft,20ft.255 1011 14.X00.901l 1441.0t5•923.9017 3a25•75. 3d90.12t 140 mpt 120 fete —HantlPo.Carr • is l" '� 1 Bo�19nm "for LED Fetus Wirer) 121 • —2Pleoe 5 1 LED F:d.rra(Tao'i awl 3Q Poe i Bare Cover Bate Mete Attrtyr BttK I 104111asal7 I# rm e got Circle + Pal Salk Arrtlret `Bare Plate tyt PLY Dos pit 0i apt Olio 20 ft 3flaxTer .. 0.�daor .' 2B ft,a* 10'StAAA' tila'a2r a.r a+, lltr:3ar,r Mit 11'St a1" ii5'a 19' 11 30! xa3hd re`re`A' L A.41awaaws•dngedenWn•aawyrren snip wrtwa aenmr Aft Pc"tonb.lm Wanthe ••••••. ~Ad San nosInstamilisan tad ant atl Mae n•n antra w sal.e S cos ran da ass animist a ladled- Copyright 02020 Energy Light,Inc_All Rights Reserved 11881 Rose Road,Lake Lunch,IL 60047 f-1 _= _._: _HE_- ' arkingDDtoxi ACCESS CONTROL READERS . Proximity/Low Frequency (LF)/125 KhZ & Long Range/Automatic Vehicle Identification (AVI)/915 MHz Below are Parking BOXX's recommended access control readers. If you don't see a reader listed here, please provide us with your desired reader model number. See Access CoMr-cl Pedestals here. Learn more about CardEASE software here. Access Control Reader WPM Mini Reader or Keypad/Reader— Transmit frequency;125 kHz ;I Transmit frequency:125 kit II Interface:Weigand or RS-232 Irthecfdce:Weigand Read Range:up to 2' Reed Range:up m 2 up m 6' Dimensions:b'x1.8'x 07'(11.4x45x1.�n) Dimensions: 4.5"x1..8'x.07" (1L4x4.5x1.8 cm) Power:5—12 VDC 4.6"x 3.1"x 0.86'(11.7x7,9x2 2 an) Operating Temp:-31 to 150F(-35 to 65 C) Power:5—12 VDC Humidity:9S%non-co+dereirg Operating Temp:-31 to 150E(-35?xi 65 C) Cable:'W�egand:up to SOW(LSO m) Humidity:95%non-condensing Cable:W iegand:up to 500(150 m) Keypad Output 26-bit HID lfiniProx Reader TransCore Encompass 4 Reader Transmit frequency:125 kHz Transmit Frequency:915 MHz , Inte:faan WiegandI Irene fie:Wiegand with R5-422 or ItS l31 Read Range: up to 2'or up to 5'depending Rea Ran ge 12'tao 17 (3.7 to 5. n) on card type Dimensions 155'x15 x3,25' Dimensions:6'x1.7'x1'(15.2x4.3x2.54cm) (39.4x39.4x8.25am) Power:DC,Average 3Onr4,Peak 75n►A !!! Prei er:16 m 2t1 VAC,47 ho-63 Hz or Operating Temp:-22 150E(-30 to 65 C) 16 to 28 VDC Humidity:95% Operating Temp:-40 to 131F(AOm 55 C Cable YViegand:up to SOD (1S0 m) Humidity: 100%condensing Cable:'A Legend:up to 500(150 m) Absent an existing card access system,Card Access in your Parking BOXX system will be controlled by CardEASE software. Below are recommended credentials. Contact us for more options. CARD ACCESS CREDENTIALS: 1,75101r 915 MI* 1 1 Omaha Keith Printable Cards Windshield Tag times PLye Tag iemmmimmimnwnig COnt#Ct Us 800-51$-1230 info@parkingboxx.com www.parkinciboxx.com P-2 SECTION QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED TO: CITY OF PORT ARTHUR By Construction Managers of Southeast Texas,LLC (Individual) [corporation, Go-Partnership, An Individual] PRINCIPAL OFFICE 225 Highway 365, Port Arthur,Texas 77640 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 3 Years 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor 7 Years (b) As a sub-contractor 18 Years 3. What projects has your organization completed? Contract Glass of 1^lhen Name and Address Amount YVork Completed of Owner LU Campbell&Monroe Hall Lamar University $2,338,673.37 Renovation 08/15/2018 4400 S MLK Jr Pkwy,Beaumont,TX 77705 Jefferson County Water District No.10 Renovation Lamar University $98,898,.06 Reconstruction 08/09/2018 4400 S MLK Jr Pkwy,Beaumont,TX 77705 LU Gentry Hall Emergency Stairs Renovation City of Nederland,TX $439,268.147 Renovation 03/15/2019 3707 Central Blvd.,Nederland,TX 77627 LU Classroom Renovaitons Lamar University $100,000.00 Renovation 02/30/2019 4400 S MLK Jr Pkwy,Beaumont,TX 77705 LU Police Building Renovation Lamar University $1,732,883.07 Reconstruction 07/31/2019 4400 S MLK Jr Pkwy,Beaumont,TX 77705 MCT Credit Union Additions and Renovations MCT Credit Union $310,136.62 Renovation 08/20/2019 605 Henderson Ave.,Orange,TX 77632 China Elementary Renovations to Floor Damage Hardin-Jefferson ISD $300,554.00 Renovatons 08/2082019 605 Henderson Ave.,China,TX 77613 Lamar Sate College Port Arthur Cafeteria Renovations Lamar State College Port Arthur $284,975.07 Renovations 08/01/2020 1520 Proctor Street,Port Arthur,TX 77641 Lawson Middle School Track Houston ISD $779,000.00 New Construction 09/01/2020 14000 Stancliff St.,Houston,TX 77045 LU New Welcome Center and South Campus Entrance Lamar University $3,531,717.91 New Construction 02/03/2021 4400 S MLK Jr Pkwy,Beaumont,TX 77705 City of Port Arthur New Transit Maintenance Facitlity City of Port Arthur $3,812,628.43 New Construction 03/01/2021 344 Proctor St.,Port Arthur,TX 77640 Q-1 • 4. Have you ever failed to complete any work awarded to you? No If so,where and why? N/A 5. In what manner have you inspected this proposed work? Explain in detail. Job site Walk Thru Friday February 19,2021 and Wednesday February 24,2021. 6. Explain your plan or layout for performing the proposed work: CMOST plans on installing the required SWPPP and required barriers as the first step in the construction process.We would then proceed to perform the demolition scope of existing paving,islands,curbs,tower,and excavation. While the excavation scope is underway the electrical and water conduit/piping will he installed in the ground and the necessary inlets will be modified.Once dirt work is complete we will proceed to patch the existing paving areas that were demoed,seal cracks/joints, and install the new concrete pad and canopy for the fuel tank relocation,as well as the concrete foundations for the new light poles Once the concrete pad and canopy are completed along with electrical/plumbing rough ins we will proceed to relocate the fuel tank.The 2"asphalt overlay will be installed once all patching/sealing and underground rough ins are completed. Finally the fence installation will be completed along with the installation of access controls,security cameras,and light poles. Once excavation and other work that might present contaminates to the storm water system are completed the SWPPP items will be removed from the project.CMOST will continuously keep the site clean while work is in progress. 1. The work, if awarded to you,will have the personal supervision of whom? (a) For administrative management? Jose Cardenas (b) For resident construction superintendence? Jesus "C h u y" Velazquez (c) What experience in this type of work is enjoyed by the superintendent designated under (b) above? Project Superintendent of Construction Managers of Southeast Texas,LLC,roll to coordinate and supervise the construction of commercial projects from start to finish.Manages projects from the field that involve tasks such as monitoring the construction process to ensure the project is completed to schedule.Monitoring the project and making assessments about the progress.This role is well-suited for Jesus who has a carpentry background and great knowledge of other trades. S. What portions of the work do you intend to sub-let? Hot-Mix Asphalt Paving,Excavation/Concrete,Metals,Plumbing,Electrical,Fencing,Security Q-2 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity,Etc. Condition Service Location 8 Scissor Lift 2 Articulating Boom Lifts 2 Skid Steers 1 Fork Lift Lull 1 Standard Forklift 6 Pallet Jacks 15 _Equipment Dolly's 5 Trailers 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? Yes 0-3 • 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount YVork Complete or Contracting Officer Wilson Early College High School Cupula and Roof Project Port Arthur ISD $465,985.00 Renovation 5% 1500 Lakeshore Dr.,Port Arthur,TX 77640 Dated at Port Arthur,Texas this 09th day of June , 20 21. BY: Bruce Reyes V TITLE: CEO Q-4 SECTION R NON-COLLUSION AFFIDAVIT • NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Bruce Reyes Title: CEO Company: Construction Managers of Southeast Texas, LLC Date: June 09, 2021 SUBSCRIBED and sworn to before me the undersigned authority by JINNI the VI of, 2,67,1 on behalf of said bidder. o<,- :sG AMBER KASPAR ( `P MY COISSION EXPIRES *;—\ %* 03/31/2024 N y Pub lc in nd or the `` ic NOTARY ID: 13242212-7 State of Texas My commission expires: 03/31/2024 R-1 SECTION S AFFIDAVIT AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: r`i--- I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Construction Managers of Southeast Texas, LLC June 09, 2021 Firm Name Date _ CEO Al i'ed gnature Title Bruce Reyes (409) 736-9010 Name(please print) Telephone breyes@cmosetx.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Bruce Reyes on this the 09th day of June , 20 21 . � ( YPU MBER KASARublic;yN ;* 03/31/2024 - i �q$ , NOTARY ID: 13242212-7 RETUhrr gfrAWIDAVIT AS PART OF THE BID PROPOSAL S-1 SECTION T CONFLICT OF INTEREST CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. N/A Jn Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J 06/09/2021 r a e of v r doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 T-1 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code g 176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or tee regulation by a federal,state,or local governmental entity or an agency of a federal,state.or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by.and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer.described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11:30r2015 • T-2 SECTION U SBA 252 SB 252 CHAPTER 2252 CERTIFICATION I, Bruce Reyes , the undersigned an representative of Construction Managers of Southeast Texas, LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Bruce Reyes Name of Company Representative (Print) S t e of mpany Representative June 09, 2021 Date U-1 SECTION V HB 89 VERIFICATION House Bill 89 Verification I, Bruce Reyes (Person name), the undersigned representative (hereafter referred to as "Representative") of Construction Managers of Southeast Texas, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. SI F REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME,the undersigned authority, on this 09 day of I June , 20 21 . Notary ublic� /6,,:=1=ue`y� AMBER KASPAR MY COMMISSION EXPIRES *' %\ 03/31/2024 ``;I: NOTARY ID: 13242212-7 V-1