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HomeMy WebLinkAboutPR 22864: AGREEMENT WITH ALLCO, INC., 2022-2023 STREET REHABILITATION PROJECT - DISTRICT 1 C(ry(tf 4. ort rthtr www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 24, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: John Cannatella,PE, City Engineer RE: PR 22864: Authorizing the City Manager to enter into an agreement with Allco,Inc. of Beaumont,Texas for the 2022-2023 Street Rehabilitation Project—District 1. Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to execute an agreement with Allco,Inc.Beaumont,Texas for the 2022-2023 Street Rehabilitation Project: District 1 for the amount of$4,377,370.00. Background: The City of Port Arthur's Public Works Department,based on historical data,identified streets that were in poor condition and recommended them for Reconstruction, Remediation, and Rehabilitation. Pursuant to Resolution No. 20-008, Council allocated funds, based on the percentage of streets to be repaired, for each District. Additionally, the Public Works Department met with council members individually to discuss which streets in their respective districts were to be prioritized for repair based on budget and need. The Purchasing Department advertised for competitive qualified bidders on November 12,2022 and November 19,2022. Bids were opened on January 13, 2023 with two vendors responding. After review by the Public Works Engineering Department and staff, it was determined that Allco,Inc. of Beaumont,Texas provided the lowest responsible bid for the amount of$4,377,370.00. Budget Impact: Funds are available in the Street Capital Fund Account: 307-21-053-8517-00-10-000 for 16 streets in District 1. All streets have been assigned an individual project number and payments will be charged to each project accordingly. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR 22864 authorizing the City Manager to execute an agreement with Allco, Inc. Beaumont, Texas for the 2022-2023 Street Rehabilitation Project: District 1 for $4,377,370.00. 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J # | .. 0 z —® 0 ! f . J | § $ a 0 \ _________ _____________ § ui ! kai ■ � t a __�_____ ____________ a /\ £ ^ \ J &&� "„ , - , � , , � , } % '' ! 2 $ § ) ! ! ± & ; 25 : ; ! ! ! , ! § so co 0 ƒ ing q ce | U I « \ z5 m. H } _ 11k : !2 § | \ �§ § 72 j Jf \ P j $ %� Ve § z �2 . 02 \ \ 0 ` )a , / i { mg —an' 8 2 \ 3y! \ & - \- ae_ \ &Jff ) ) } } im§ \ E . 12! if \ k( § 1{ }} z ( E f : 1 % ,,A \§ § 1 z2n N§ 3 / § — ;§} /» U ; � , wr � § Qo! : > > z wz8 $ $ 2 ; ql .. . ) k ) , § § ; % ak § k �k � k \ � t !| nm2 le » c �i i , 00laa < Q, � , w e ! 88888888 ® § ® ! m § § § § § § § f � ; ; ; g22 ; 2 kMk2 ( 2232 ; ; @ PR No.22864 1/20/2023 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ALLCO, INC. OF BEAUMONT,TEXAS FOR THE 2022-2023 STREET REHABILITATION PROJECT: DISTRICT 1 FOR THE AMOUNT OF $4,377,370.00. FUNDING IS AVAILABLE IN THE STREET CAPITAL ACCOUNT NUMBER 307-21-053-8517-00-10-000. WHEREAS, a street rehabilitation plan has been developed by the Public Works Engineering Division to address streets that are in immediate need of maintenance and/or repair; and, WHEREAS, the City of Port Arthur has identified streets in District 1 that meet the criteria for repair; and, WHEREAS, the advertisement for bids for the rehabilitation of these streets was advertised by the Purchasing Department in the Port Arthur News on November 12, 2022 and November 19, 2022; and, WHEREAS, two (2) bids were received, opened, and evaluated by the Public Works staff on January 13, 2023 with Allco, Inc. of Beaumont, Texas being the lowest qualified bidder for the amount of $4,377,370.00, see Exhibit A; WHEREAS, approval of awarding the 2022-2023 Rehabilitation Project: District 1 to Allco, Inc. of Beaumont, Texas is herein deemed an appropriate action; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, PR No.22864 1/20/2023 mje Page 2 of 3 THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to award the 2022-2023 Rehabilitation Project: District 1 to Allco, Inc. of Beaumont, Texas for the amount of $4,377,370.00, see contract 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. 2023 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman "Bill" Bartle Mayor ATTEST: Sherri Bellard City Secretary PR No.22864 1/20/2023 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: (3C )\i\Ar c__,A,P Kandy K. Daniel Interim Director of Finance John Cannatella, PE City Engineer I Clifton Williams, CPPB Purchasing Manager 4 EXHIBIT A ¥ liC 0- 0 ka_ (\._,,` ° 0 / 0 / 5' C - % k \ - N 2 q n 0 c . © 0 2 s . v # ■ § o / P 2. q § N ¢ k‘jA E DO N ¢ = 0 0 e C R CD w 0 \ k = Ci) .0 0 © w n = ® c H k N 0 / X / g y 2 ° Cr or k A E / o 0 E @ U 0, 20= 0,-1C 0 7 / - % = - H tv ® "I E �CirCi 7 ot Cb C ) \ -1 \ o w 'o n / c EXHIBIT B THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES.,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC DONALD FRANK,SR. ,11 �.�-- CITY SECRETARY CAL JONES ort rthur THOMAS KINLAW III VAL TIZENO KENNETH MARKS Texas CITY ATTORNEY CHARLOTTE MOSES November 28, 2022 INVITATION TO BID STREET REHABILITATION PROGRAM-DISTRICT 1 DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, November 30, 2022. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, November 30, 2022 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-011 DELIVERY ADDRESS: Please submit one(1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams(4ortarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 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 SECTION A CONSTRUCTION CONTRACT AGREEMENT CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of , A.D. 2023 , 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 Allco, Inc., herein acting by and through T. W. Harrison, President, 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 District 1 — Street Rehabilitation Program. 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. The Work will be finally completed and ready for final payment within 365 consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all 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 $4,377,370.00, 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 (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) Maintenance Bond (M) Notice of Award (N) Notice to Proceed (0) Insurance (P) Specifications A-1 Addenda: No. 1, dated November 28, 2022 No. 2, dated December 5, 2022 No. 3, dated January 6, 2023 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: CONTRACTOR: NAME: Ron Burton TITLE: City Manager Allco, Inc. BY: NAME: T. W. Harrison ADDRESS: 6720 College Street Beaumont, Texas 77707 [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, November 30, 2022 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday,November 30, 2022 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: 1. EL VISTA FORCE MAIN REHABILITATION 2. 2022-2023 STREET REHABILITATIONS PROGRAM 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. (7 1&0 ll)4 t4 Clifton Williams Purchasing Manager FIRST PUBLICATION: November 12, 2022 SECOND PUBLICATION: November 19, 2022 -CITY OF PORT ARTHUR,TEXAS city of -:7)) ADDENDUM NO. ONE (1) nrf rfhu °` November 28, 2022 BID FOR: 2022-2023 STREET REHABILITATIONS PROGRAM 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 bid submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, December 14 , 2022. (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, December 14, 2022 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clif i Williams, CPPB Purchasing Manager JANUARY 11 , 2023 Si attire of Proposer Date T.W. HARRISON — PRESIDENT ````��01'1/'II, ` Company Vendor Name E -4- `v—ie .% S .‘ -�\ -CITY OF PORT ARTHUR,TEXAS City of csr ADDENDUM NO. TWO (2) orf rfltil"— December 5,2022 BID FOR: 2022-2023 STREET REHABILITATIONS PROGRAM 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 bid submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, January 11 , 2023. (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, January 11, 2023 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli Williams, CPPB Purchasing Manager JANUARY 11 , 2023 Si ature of Proposer `�„�i f f�� Date T.W. HARRISON — PRESIDENT .,• ``_ ALLCO LLC -�' Company Vendor Name t- /r �, S -CITY OF PORT ARTHUR,TEXAS Ci 'of ' '` ADDENDUM NO.THREE (3) % . nC( rlliur Maas January 6,2023 BID FOR: 2022-2023 STREET REHABILITATIONS PROGRAM 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 lTO ACKNOWLEDGE SAIDP requirements ROVISIONS IN THE SUBMISSION OF BIDDERS ARE REQUESTEDED THEIR BID. Addendum as follows 1. Attached is the revise Bid Schedule in Section D. 2. the supplemental conditions (Sheet 82)references 2019-2020 STREET REHABILITATION. SECTION H, SUPPLEMENTAL GENERAL CONDITIONS Please Delete and Change; DELETE-2019-2020 STREET REHABILITATION CHANGE-2022-2023 STREET REHABILITATION 3. Technical Specifications (sheet 108)reference 2020-2022 Street Rehabilitation Program. SECTION 0, TECHNICAL SPECIFICATIONS Attached is the revised General Notes with changes made to Delete and Change. DELETE-Project: 2020-2022 Street Rehabilitation Program CHANGE -Project: 2022-2023 Street Rehabilitation Program 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. Gt)ejlz Cli n Williams, CPPB Purchasing Manager JANUARY 11 , 2023 Signature o Proposer ``W. !!till Date T.W. HARRISON — PRESIDENT tee`\ v; . ' �: sae ALLCO LLC Company Vendor Name ; ►— S lilt,Itt►t 4 I 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 (60)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. c-I 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 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 fifteen(15) calendar days 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 fifteen(15) calendar days 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 fifteen(15)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 C-2 Arthur and Contractor and all persons providing services shall comply with the worker's compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC 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). a. Bodily Injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury$1,000,000 single limit per occurrence of$1,000,000 each person/$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) C-3 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 CERTIFICATE(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. 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. 6. 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. C-4 7. 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 Supp. 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. 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 C-5 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. 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. C-6 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. 17. 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. 18. PRE-BID CONFERENCE Prospective bidders shall be required to attend the Pre-Bid Conference outlined in page C-9 of the Information to Bidders. Bids received from firms or individuals not listed on the roll of attendees of the Pre-Bid Conference will be rejected and returned unopened to the bidder. A MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on: Thursday, at, 10:00 a.m., at City of Port Arthur City Hall, 444 4tn Street, 5' Floor Conference Room, Port Arthur, TX 77640. The purpose of the MANDATORY_PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the MANDATORY PRE- BID CONFERENCE will be rejected and returned unopened to the Bidder. C SECTION D BID SCHEDULE CITY OF PORT ARTHUR,TEXAS City of Vrt rthur ,�` BID SCHEDULE FOR(DISTRICT 1) re."" November 21,2022 BID FOR:VARIOUS STREETS ROADWAY PAVEMENT REHABILITATION NOTE:ALL PAGES MUST BE ... Clifton Williams Clifton Williams, CPPB Purchasing Manager 1-11-23 Signature of Proposer Date T.W. HARRISON — PRESIDENT 001111rt,ii, ALLCO LLC T" • Company Vendor Name o/ CITY OF PORT ARTHUR,TEXAS C,tr r h i .r BID SCHEDULE FOR(DISTRICT 1) leta November 21,2022 BID FOR:VARIOUS STREETS ROADWAY PAVEMENT REHABILITATION NOTE:ALL PAGES MUST BE ... Clifton Williams Clifton Williams, CPPB Purchasing Manager Signature of Proposer Date Company Vendor Name 00 ra n U C V d O J 0 0 t`f - N ° Cxl 7' !1 o 0 M• d(1 ; N e W Qkik p' 6� v^ O i Oci Lyc1 C? 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L .0 > taa a) (a '0 _a a) ascu C) > °o E C Q co csa v, a) t cn a ( — m tY m SECTION E BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, ALLCO,LLC as Principal, and Colonial American Casualty and Surety Company as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of FIVE Percent of Amount Bid(5%AMT BID) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 11th day of January 20 23 . 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 Bid No.P23-011,Street Rehabilitation Program-District 1 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 WITNESS WHEREOF, 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. ALLCO.LLC (L.Sd,Ply 1 1GIPAL %-eot-lk‘A.s1/4AQC"--) BY: i' Vie' ~ .,;007 =G �G • t.W.Harrison,President Colonial American Casualty and Surety Company SURETY l����*101',�°i. Jill' 'Neal,Attorney-In-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Departments most current list(Circular 570 as amended)and be authorized to transact business in the state where the project is located. E-2 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Edward ARENS, Philip BAKER,Michele BONNIN,Jillian O'NEAL, Erica A. COX and Rebecca GARZA, all of The Woodlands,Texas,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of November,A.D.2019. `0= IRAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of November, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. PAO" Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact, The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 11 m day of_January 2 2023 'a It?p4 14009.4 r `�"� Sys_ e_ L s 4f-.--o_` SEAL ,1 0 Sea 70.1, By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims(zurichna.com 800-626-4577 ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacion o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informaciOn sobre com- 1-800-252-3439 caritas, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512) 490-1007 Austin, TX 78714-9104 Web: www.tdi.texas.gov Fax: (512) 490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS 0 about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamaciOn, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propOsitos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 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 6. Records and Audits 7. Findings Confidential 8. Copyright 9. 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 17. Materials, Services and Facilities 18. CONTRACTOR'S Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. CONTRACTOR'S Obligations 24. Insurance 25. Certification of Compliance with Air and Water Acts F-I 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 27. Suspension of Work 28. National Historic Preservation Act of 1966 29. 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 39. 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 48. Payments to Contractor 49. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work F-2 53. Extras 54. Time for Completion and Liquidated Damages 55. Weather Conditions 56. Protection of Work and Property--Emergency 57. Inspection 58. Superintendent by Contractor 59. 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 69. 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 76. Employment Practices 77. Contract Termination; Debarment 78. Kickbacks from Public Works Employees 79. Labor-Title 29 CFR Part 3 F-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 84. Applications for the Approval of the Secretary of Labor 85. Section 3.8 Action by the Secretary of Labor upon Applications 86. Prohibited Payroll Deductions 87. Methods of Payment of Wages 88. Regulations Part of Contract 89. Equal Opportunity Provisions (E.O. 11246) 90. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities 91. Civil Rights Act of 1964 92. Section 109 of the Housing and Community Development Act of 1974 93. Indemnification 94. Delays 95. Maintenance of Work 96. Antitrust 97. Federal Labor Standards Provisions 98. Delay, Disruption and/or Other Claims 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. "Subcontractor": 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 PORT ARTHUR": Refers to the City of Port Arthur, Port 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 PORT ARTHUR, 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 PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT 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 PORT 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. 6. 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 PORT 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. 7. 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. 8. 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. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances. rules, orders, regulations and codes of the federal, state and local governments relating to performance of 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 F-6 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. 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 F-7 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. 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. 17. 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. 19. 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 F-8 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. 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 OWNER 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 Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the CONTRACTOR all surveys necessary for the execution of the work. 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 F-9 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 Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 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 CFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Act, as amended (33 U.S.C. 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. 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.) F-10 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(8) 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. 27. 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 1966 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 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 29. 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. F-I1 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; 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. F-12 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. 37. 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. 38. 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. 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 F-13 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. The CONTRACTOR shall not sublet the contract work to subcontractors more than 50% of the awarded project contract amount. 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 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. F-I-1 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 AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract,the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered F-I5 as fixing a basis for additions to or deductions from the Contract price. 48. 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 Island Commission Council'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 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, No materials on hand will be paid.The material delivered on the site and preparatory work done may be taken into consideration by the Engineer. 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. F-16 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 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. F-17 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. 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 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 111 CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; F-18 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 rain days claimed by the CONTRACTOR; however, rain days shall be considered only if the number of rain days exceeds the number projected in the number of contract days. If the rain days exceed the number projected in the contract days, the CONTRACTOR must notify the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day Failure to 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 (7) 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. The CONTRACTOR shall, within ten (10) days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in 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. 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. 54c. WORKING HOURS Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday. Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 55. WEATHER CONDITIONS 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. F-19 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. 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. 59. 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 29, 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, F-20 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 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. F-2 I 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.S. 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. b. Trainees: Except as provided in 29 CFR 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, 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. c. 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 CFR Part 30. 64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) 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 F-22 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 (29 CFR, 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. 67. 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. 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. 69. 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. 70. 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. F-23 71. 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. 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 F-24 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. 76. 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. 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 79. 79. 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. 276c), popularly known as the Copeland Act. This part applies to any Contract F-25 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 1950,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. 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-26 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 29 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 347, "Payroll (for CONTRACTOR'S Optional Use)"or on any form with identical wording. Sample copies of WH 347 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 (7) 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 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 F-27 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 thout 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 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. e. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. f. 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. g. Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies such as the American Red Cross. h. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds and similar charitable organizations. F-28 i. 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. j. 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 § 516.27(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. 84. 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. F-29 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. 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. 87. 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. 88. 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. 89. 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. F-33 (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 F-30 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. (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, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (1) 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. F-3 l 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. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR 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 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. (4) 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 F-32 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. (d) "Minority" includes (i) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) 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 (iv) 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, Subcontract a portion of the work involving any construction trade, it shall physically include 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. (2) 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 4 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 CONTRACTOR'S or Subcontractors toward a goal in an approved Plan does not excuse any covered CONTRACTOR'S 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 7p 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 F-33 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. 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 7b 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 F-34 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. (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. F-35 (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR'S EEO policies and affirmative action obligations. (8) 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 7a 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. (9) 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. (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 F-36 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. 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. (15) 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 1977 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. (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. F-3 7 (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 CFR 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 CFR 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. 91. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice&Remedies Code 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 Island Commission. 92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 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, F-38 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 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. 96. 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.C.A. Sec. 1, et seq. (1973). F-39 Fr 97. FEDERAL LABOR STANDARDS PROVISIONS Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Applicability The Project or Program to which the construction work times by the contractor and its sub-contractors at covered by his contract pertains is being assisted by the the site of the work in a prominent and accessible, United States of America and the following Federal place where it can be easily seen by the workers. Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal (II) (a) Any class of laborers or mechanics which is assistance. not listed in the wage determination and which is to be employed under the contract shall be classified A. 1. (i) Minimum Wages. All laborers and mechanics in conformance with the wage determination. employed or working upon the site of the work(or under HUD shall approve an additional classification and the United States Housing Act of 1937 or under the wage rate and fringe benefits therefore only when Housing Act of 1949 in the construction or development the following criteria have been met: of the project),will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll (1) The work to be performed by the classification deductions as are permitted by regulations issued by the requested is not performed by a classification in the Secretary of Labor under the Copeland Act. (29 CFR wage determination;and Part 3),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof @ due at time of (2) The classification is utilized in the area by the payment computed at rates not less than those contained construction industry;and in the wage determination of the Secretary of Labor which is attached hereto and made a part thereof, (3) The proposed wage rate,including any bona fide regardless of any contractual relationship which may be fringe benefits,bears a reasonable relationship to the alleged to exist between the contractor and such laborers wage rates contained in the wage determination. and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section (b) If the contractor and the laborers and mechanics to be I(bX2)of the Davis-Bacon Act on behalf of labotets ui mechanics are considered wages paid to such laborers or employed in the classification (if known), or their mechanics, subject to the provisions of 29 CFR- representatives,and HUD or its designee agree on 5.5(a)(I)(iv); also,regular contributions made or costs the classification and wage rate (including the incurred for more than a weekly period (but not less amount designated for fringe benefits where often than quarterly) under plans, funds, or programs, appropriate), a report of the action taken shall be which cover the particular weekly period,are deemed to sent by HUD or its designee to the Administrator of be constructively made or incurred during such weekly the Wage and Hour Division, Employment period. Standards Administration, U.S. Department of Such laborers and mechanics shall be paid the Labor, Washington, D.C. 20210. The appropriate wage rate and fringe benefits on the Administrator,or an authorized representative,will wage determination for the classification of work approve, modify, or disapprove every additional classification actually performed without regard to skill,except action within 30 days of receipt and as provided in 29 CFR Part 5.5(a)(4). Laborers or so advise HUD or its designee or will notify HUD mechanics performing work in more than one or its designee within the 30-day period that classification may be compensated at the rate additional time is necessary. (Approved by the specified for each classification for the time Office of Management and Budget under OMB actually worked therein: Provided, that the control number 1215-0140.) employer's payroll records accurately set forth the (c) In the event the contractor,the laborers or mechanics time spent in each classification in which work is to be employed in the classification or their performed. The wage determination(including any representatives, and HUD or its designee do not additional classification and wage rates conformed agree on the proposed classification and wage rate under 29 CFR Part 5.5(a)(1)(ii) and the Davis- (including the amount designated for fringe Bacon poster (WH-1321) shall be posted at all benefits,where appropriate),HUD or its designee F-45 shall refer the questions,including the views of all of 1937 or under the Housing Act of 1949 in the interested parties and the recommendation of HUD construction or development of the project),all or or its designee, to the Administrator for part of the wages required by the contract,HUD or determination. The Administrator,or an authorized its designee may, after written notice to the contractor,sponsor,applicant,or owner,take such representative,will issue a determination within 30 action as may be necessary to cause the suspension days of receipt and so advise HUD or its designee of any further payment, advance, or guarantee of or will notify HUD or its designee within the 30- funds until such violations have ceased. HUD or its day period that additional time is necessary. designee may,after written notice to the contractor, (Approved by the Office of Management and disburse such amounts withheld for and on account Budget under OMB Control Number 1215-0140.) of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller (d) The Wage rate(including fringe benefits where General shall make such disbursements in the case of direct Davis-Bacon Act contracts. appropriate)determined pursuant to subparagraphs (I)(b)or(c)of this paragraph,shall be paid to all 3. (i) Payrolls and basic records. Payrolls and basic workers performing work in the classification under this contract from the first day on which records relating thereto shall be maintained by the contractor during the course of the work preserved work is performed in the classification. for a period of three years thereafter for all laborers ([I1) Whenever the minimum wage rate prescribed and mechanics working at the site of the work(or In the contract for a class of laborers or mechanics under the United States Housing Act of 1937,or includes a fringe benefit which is not expressed as under the Housing Act. Of 1949, in the an hourly rate, the contractor shall either pay the construction or development of the project). Such benefit as stated in the wage determination or shall records shall contain the name,address,and social pay another bona fide fringe benefit or an hourly security number of each such worker, his or her cash equivalent thereof. correct classification, hourly rates of wages paid (including rates of contribution or costs anticipated (iv) If the contractor does not make payments to a for bona fide fringe benefits or cash equivalents trustee or other third person, the contractor may thereof of the types described in Section(b)(2XB) consider as part of the wages of any laborer or of the Davis-bacon Act),daily and weekly number mechanic the amount of any costs reasonably of hours worked, deductions made and actual anticipated in providing bona fide fringe benefits wages paid. Whenever the Secretary of Labor has under a plan or program, Provided, That the found under 29 CFR 5.5(a)(l)(iv)that the wages of any laborer or mechanic include the amount of Secretary of Labor has found, upon the written request of the contractor, that the applicable any costs reasonably anticipated in providing standards of the Davis Bacon Act have been met. benefits under a plan or program described in The Secretary of Labor may require the contractor Section l(b)(2)(B) of the Davis-Bacon Act, the to set aside in a separate account asset for the contractor shall maintain records which show that meeting of obligations under the plan or program. the commitment to provide such benefits is (Approved by the Office of Management and enforceable,that the plan or program is financially Budget under OMB Control Number 1215-0140.) responsible,and that the plan or program has been communicated in writing to the laborers or 2. Withholding. HUD or its designee shall upon its mechanics affected, and records which show the own action or upon written request of an authorized costs anticipated or the actual cost incurred in representative of the Department of Labor withhold providing such benefits. Contractors employing or cause to be withheld from the contractor under apprentices or trainees under approved programs this contract or any other Federal contract with the shall maintain written evidence of the registration same prime contractor, or any other Federally- of apprenticeship programs and certification of assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime trainee programs,the registration of the apprentices contractor so much of the accrued payments or and trainees, and the ratios and wage rates advances as may be considered necessary to pay described in the applicable programs. (Approved laborers and mechanics, including apprentices, by the Office of Management and Budget under trainees and helpers,employed by the contractor or OMB Control Numbers 1215-0140 and any subcontractor the full amount of wages required 121500017.) by the contractor in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,employed or working on the site (ii)(a)The contractor shall submit weekly for each week of the work(or under the United States Housing Act in which any contract work is performed a copy of F-46 all payrolls to HUD or its designee if the agency is 18 and Section 231 of Title 31 of the United States a party to the contract,but if the agency is not such Code. a party,the contractor will submit the payrolls to the applicant sponsor,or owner, as the case may (iii) The contractor or subcontractor shall make the be,for transmission to HUD or its designee. The records required under paragraph A.3.(1) of this payrolls submitted shall set out accurately and section available for inspection, copying, or completely all of the information required to be transcription by authorized representatives of HUD maintained under 29 CFR Part 5.5(a)(3)(I). This or its designee or the Department of Labor, and information may be submitted in any form desired. shall permit such representatives to interview Optional Form WH-347 is available for this employees during working hours on the job. If the purpose and may be purchased from the contractor or subcontractor fails to submit the Superintendent of Documents (Federal Stock required records or to make them available,HUD Number 029-005-00014-1), U.S. Government or its designee may, after written notice to the Printing Office, Washington, DC. 20402. The contractor,sponsor,applicant or owner,take such prime contractor is responsible for the submission action as may be necessary to cause the suspension of copies of payrolls by all subcontractors. of any further payment advance, or guarantee of (Approved by the Office of Management and funds. Furthermore failure to submit the required Budget under OMB Control Number 1215-0149.) records upon request or to make such records available maybe grounds for debarment action (b) Each payroll submitted shall be accompanied by a pursuant to 29 CFR Part 5.12. "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who (Apprentices and Trainees) pays or supervises the payment of the persons employed under the contract and shall certify the (5) Apprentices. Apprentices will be permitted to work following: at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program (1) That the payroll for the payroll period contains the registered with the U.S. Department of Labor, Employment information required to be maintained under 29 and Training Administration,Bureau of Apprenticeship and CFR Part 5.5(a)(3)(i)and that such information is Training,or with a State apprenticeship Agency recognized correct and complete; by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an (2) That each laborer or mechanic (including each apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of helper, apprentice, and trainee) employed on the Apprenticeship and Training or a State Apprenticeship contract during the payroll period has been paid the Agency(where appropriate)to be eligible for probationary full weekly wages earned, without rebate, either employment as an apprentice. The allowable ratio of directly or indirectly,and that no deductions have apprentices to journeymen on the job site in any craft been made either directly or indirectly from the full classification shall not be greater than the ratio permitted to wages earned,other than permissible deductions as the contractor as to the entire work force under the registered set forth in 29 CFR Part 3; program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage (3) That each laborer or mechanic has been paid not rate on the wage determination for the classification of work less than the applicable wage rates and fringe actually performed. In addition,any apprentice performing benefits or cash equivalents for the classification of work on the job site in excess of the ratio permitted under the work performed, as specified in the applicable registered program shall be paid not less than the applicable wage determination incorporated into the contract. wage rate on the wage determination for the actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is (4) The weekly submission of a properly executed registered,the ratios and wage rates(expressed in percentages certification set forth on the reverse side of Optional of the journeyman's hourly rate)specified in the contractor's Form WH-347 shall satisfy the requirement for or subcontractor's registered program shall be observed. submission of the "Statement of Compliance" Every apprentice must be paid at not less than the rate required by paragraph A.3(iiXb)of this section. specified in the registered program for the apprentice's level of progress expressed as a percentage of the journeymen (d) The falsification of any of the above certifications hourly rate specified in benefits in accordance with the may subject the contractor or subcontractor to civil provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits,the or criminal prosecution under Section 1001 of Title wage determination for the applicable classification. If the F-47 Administrator determines that a different practice prevails for 6. Subcontracts. The contractor or subcontractor will the applicable apprentice classification,fringes shall be paid insert in any subcontracts the clauses contained in 29 in accordance with the determination. In the event the CFR 5.5(aX 1)through(10)and such other clauses as Bureau of Apprenticeship and Training, or a State HUD or its designee may be appropriate instructions Apprenticeship Agency recognized by the Bureau,withdraws require,and also a clause requiring the subcontractors to approval of an apprenticeship program,the contractor will no include these clauses in any lower tier subcontracts. The longer be permitted to utilize apprentices at less than the prime contractor shall be responsible for the compliance applicable predetermined rate for the work performed until an by any subcontractor or lower tier subcontractor with all acceptable program is approved. the contract clauses in 29 CFR Part 5.5. (ii) Trainees. Except as provided in 29 CFR 5.16, 7. Contract termination; debarment. A breach of the trainees will not be permitted to work at less than contract clauses in 29 CFR 5.5 may be grounds for the predetermined rate for the work performed termination of the contract and for debarment as a unless they are employed pursuant to and individually registered in a program which has contractor and a subcontractor as provided in 29 CFR received prior approval, evidenced by formal 5.12. certification by the U.S. Department of Labor, Employment and Training Administration. The 8. Compliance with Davis-Bacon and Related Act ratio of trainees to journeymen on the job site shall Requirements. All rulings and interpretations of the not be greater than permitted under the plan Davis-Bacon and Related Acts contained in 29 CFR approved by the Employment and Training Parts 1,3,and 5 are herein incorporated by reference in Administration. Every trainee must be paid at not this contract. less than the rate specified in the approved program for the trainee's level of progress,expressed as a 9. Disputes concerning labor standards. Disputes arising percentage of the journeyman hourly rate specified out of the labor standards provisions of this contract in the applicable wage determination. Trainees shall not be subject to the general disputes clauses of shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee this contract. Such disputes shall be resolved in program does not mention fringe benefits,trainees accordance with the procedures of the Department of shall be paid the full amount of fringe benefits Labor set forth in 29 CFR Parts 5,6, and 7. Disputes listed on the wage determination unless the within the meaning of this clause include disputes Administrator of the Wage and Hour Division between the contractor(or any of its subcontractors)and determines that there is an apprenticeship program HUD or its designee,the U.S.Department of Labor,or associated with the corresponding journeyman wage rate on the wage determination which the employees or their representatives. provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at 10. (i) Certification of Eligibility. By entering into this a trainee rte who is not registered and participating contract the contractor certifies that neither it(nor he or in a training plan approved by the Employment and she)nor any person or firm who has an interest in the Training Administration shall be paid not less than contractor's firm is a person or firm ineligible to be the applicable wage rate on the wage determination awarded Government contracts by virtue of Section 3(a) for the work actually performed. In addition,any of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be trainee performing work on the job site in excess of awarded HUD contracts or participate in HUD programs the ratio permitted under the registered program pursuant to 24 CFR Part 24. shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and (ii) No part of this contract shall be subcontracted to or Training Administration withdraws approval of a firm ineligible for award of a Government contract by virtue training program the contractor will no longer be of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(aX1) permitted to utilize trainees at less than the or to be awarded HUD contracts or participate in HUD applicable predetermined rate for the work programs pursuant to 24 CFR Part 24. performed until an acceptable program is approved. (ii) Equal employment opportunity.The utilization of (iii) The penalty for making false statements is prescribed in apprentices, trainees and journeymen under this the U.S.Criminal Code,18 U.S.C.1001. Additionally,U.S. part shall be in conformity with the equal Criminal Code, Section 1 01 0, Title 18, U.S.C. "Federal employment requirements of Executive Order Housing Administration transaction", provides in in part: 11246,as amended,and 29 CFR Part 30. "Whoever,for the purpose of...influencing in any way the 5. Compliance with Copeland Act requirements. The action of such Administration makes,utters or publishers contractor shall comply with the requirements of 29 any statement knowing the same to be false.shall be fined CFR Part 3 which are incorporated by reference in not more than$5,000 or imprisoned not more than two years, this contract. or both." F-48 action or upon written request of an authorized II. Complaints,Proceedings,or Testimony by Employees. representative of the Department of Labor withhold No laborer or mechanic to whom the wage,salary,or or cause to be withheld,from any moneys payable other labor standards provisions of this Contract are on account of work performed by the contractor or applicable shall be discharged or in any other manner subcontractor under any such contract or any other discriminated against by the Contractor or any Federal contract with the same prime contract,or subcontractor because such employee has filed any any other Federally-assisted contract subject to the complaint or instituted or caused to be instituted any Contract Work Hours and Safety Standards Act proceeding or has testified or is about to testify in any which is held by the same prime contractor such proceeding under or relating to the labor standards sums as may be determined to be necessary to applicable under this Contract to his employer. satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated B. Contract Work Hours and Safety Standards Act. As damages as provided in the clause set forth in used in this paragraph the terms "laborers" and paragraph(2)of this paragraph. "mechanics"include watchmen and guards. (4) Subcontracts. The contractor or subcontractor (I) Overtime requirements. No contractor or sub- shall insert in any subcontracts the clauses set forth contractor contracting for any part of the contract in subparagraph(I)through(4)of this paragraph work which may require or involve the and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work The prime contractor shall be responsible for week in which he or she is employed on such work compliance by any subcontractor or owner tier to work in excess of eight hours in such work week subcontractor with the clauses set forth in unless such laborer or mechanic receives subparagraphs(I)through(4)of this paragraph. compensation at a rate of pay for all hours worked in excess of eight hours in any calendar day or in C. Health and Safety excess of forty hours in such workweek,whichever (1) No laborer or mechanic shall be required to work in is greater. surroundings or under working conditions which are (2) Violation; liability for unpaid wages; liquidated unsanitary, hazardous,or dangerous to his health damages. In the event of any violation of the and safety as determined under construction safety clause set forth in subparagraph (1) of this and health standards promulgated by the Secretary paragraph, the contractor and any subcontractor of Labor by regulation. responsible therefore shall be liable for the unpaid wages. In addition, such contractor and (2) The Contractor shall comply with all regulations subcontractor shall be liable to the United States(in issued by the Secretary of Labor pursuant to Title the case of work done under contract for the District 29 Part 1926 (formerly part 1518)and failure to of Columbia or a territory, to such District or to such territory), for liquidated damages. Such comply may result in imposition of sanctions liquidated damages shall be computed with respect pursuant to the Contract Work Hours and Safety to each individual laborer or mechanic, including Standards Act.(Public Law 91-54,83 Stat 96). watchmen and guards,employed in violation of the clause set forth in subparagraph (1) of this (3) The Contractor shall include the provisions of this paragraph,in the sum of$10 for each calendar day Article in every subcontract so that such provisions on which such individual was required or permitted will be binding on each subcontractor. The to work in excess of eight hours or in excess of the Contractor shall take such action with respect to standard workweek of forty hours without payment of the overtime wages required by the clause set any subcontract as the Secretary of Housing and forth in sub paragraph(1)of this paragraph. Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own F-49 98. 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 CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. F-50 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE LABOR CLASSIFICATION AND MINIMUM WAGE SCALE A. GENERAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, Page 91, 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. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE "General Decision Number:TX20200038 01/03/2020 Superseded General Decision Number: TX20190038 State: Texas Construction Type: Highway Counties: Austin,Brazoria,Chambers, Fort Bend,Galveston, Hardin, Harris,Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS(excluding tunnels, building structures in rest area projects &railroad construction;bascule, suspension&spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). G-I 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)(I Xii)(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 * SIJTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER(Paving and Structures) $ 12.98 ELECTRICIAN $27.11 FORM BUILDER/FORM SETTER Paving&Curb $ 12.34 Structures $ 12.23 LABORER Asphalt Raker $ 12.36 G-2 Flagger $ 10.33 Laborer,Common $ 11.02 Laborer,Utility $ 11.73 Pipelayer $ 12.12 Work Zone Barricade Servicer $ 11.67 PAINTER(Structures) $ 18.62 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.06 Asphalt Paving Machine $ 14.32 Broom or Sweeper $ 12.68 Concrete Pavement Finishing Machine $ 13.07 Concrete Paving,Curing, Float,Texturing Machine....$ 11.71 Concrete Saw $ 13.99 Crane,Hydraulic 80 Tons or less $ 13.86 Crane,Lattice boom 80 tons or less $ 14.97 Crane,Lattice boom over 80 Tons $ 15.80 Crawler Tractor $ 13.68 Excavator, 50,000 pounds or less $ 12.71 Excavator,Over 50,000 pounds $ 14.53 Foundation Drill,Crawler Mounted $ 17.43 Foundation Drill,Truck Mounted $ 15.89 Front End Loader 3 CY or Less $ 13.32 Front End Loader,Over 3 CY.$ 13.17 G-3 Loader/Backhoe $ 14.29 Mechanic $ 16.96 Milling Machine $ 13.53 Motor Grader, Fine Grade....$ 15.69 Motor Grader, Rough $ 14.23 Off Road Hauler $ 14.60 Pavement Marking Machine....$ 11.18 Piledriver $ 14.95 Roller,Asphalt $ 11.95 Roller,Other $ 11.57 Scraper $ 13.47 Spreader Box $ 13.58 Servicer $ 13.97 Steel Worker Reinforcing Steel $ 15.15 Structural Steel Welder $ 12.85 Structural Steel $ 14.39 TRUCK DRIVER Low Boy Float $ 16.03 Single Axle $ 11.46 Single or Tandem Axle Dump..$ 11.48 Tandem Axle Tractor w/Semi Trailer $ 12.27 WELDERS- Receive rate prescribed for craft performing peration 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 G-4 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. 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 G-5 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 were 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 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: G-6 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 parry'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-7 SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled 2019 — 2020 STREET REHABILITATION PROGRAM(VARIOUS LOCATION) 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. C. PLANS. City of Port Arthur 2019 — 2020 STREET REHABILITATION PROGRAM (VARIOUS LOCATION) D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph C. 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. G. 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. H-LA H. 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 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. I. 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 (l) set of direct prints marked with red ink to show as-built dimensions and location of all work constructed. J. 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. K. CLOSINGOUT DOCUMENTS. Contractor shall submit to the City of Port Arthur, Public Works Engineering a Certification stating all completed construction work was constructed in accordance with the PLANS, a Certification of One Year Warranty for the project which will commence on the date City of Port Arthur Council will accept the project for maintenance, and an Affidavit of all bills paid for subcontractors, vendors and laborers, H-2A 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: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code (IL Underwriters' Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association H-IB AWS American Welding Society PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) TxDOT Texas Department of Transportation 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. 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. C. 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. Wateriines. 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.C., 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. H-2B 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 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. 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, H-3B 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 (6) 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. Prestressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. 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 forproper 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 H-4B 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. 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(90)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'/2-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 8'/cinch 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 BREAKDOWN. Within fifteen(15) 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-5 B K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. I.. 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 CLEAN-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 EOUIPMENT. 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 H-6B 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: "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." 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-7B 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. NOW, 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., 2022. 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 570 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 2017, 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. J-1 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. 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 , 2022. ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (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 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J-2 SECTION K ROADWAY REPAIR BOND ROADWAY 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 City 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 , for the VARIOUS STREETS ROADWAY PAVEMENT REHABILITATION PROJECT, 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 its 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 K-1 principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. 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 2022. 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 Li NOTICE OF AWARD NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO.: CONTRACT FOR CONSTRUCTION OF: ******************************************************************************* You are notified that your Bid dated for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for the: STREETS REHABILITATION PROGRAM The Contract Price of your contract is Amount( ;. Work to be performed under this contract is to be completed within 150 calendar days. 6 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 6 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 fifteen (15) 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 6 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. 1/2 NOTICE OF AWARD Contraction 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 fifteen (15) 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 Port Arthur, TEXAS BY: TITLE: ACCEPTANCE OF AWARD. CONTRACTOR: BY: TITLE: DATE: 2/2 SECTION M NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO. CONTRACT FOR **************************************************************************************************** Work to be performed under this contract is to be completed within 150 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. (OwnerEngineer) BY: (Authorized Signature) (Title) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: (Title) (Date) SECTION N INSURANCE aco CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDD YYVY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:._ PHONE FAX(A/C, '(A/C,No.Eat): No): E-MAIL ADDRESS. INSURER(S)AFFORDING COVERAGE NAICA { INSURER A: INSURED INSURER B: INSURER C: INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR.. 'ADOLSUBR P LICYEYF PM/DDYEXP LIMITS LTR; TYPEOFINSURANCE INSR W1 POLICYNUMBER MMIDDfWYY MM/ODM/YY i 'GENERAL LIABILITY EACH OCCURRENCE $ GE TO'€NTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ? PRODUCTS-COMP/OP AGG $ I PRO- $ POLICY JECT I ,LOC AUTOMOBILE LIABILITY $COMBINED SINGLE LIMIT(Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ' SCHEDULE BODILY INJURY(Per accident) $ AUTOS N AUTOS pRG- OE j NON-OWNED HIRED AUTOS I___.. AUTOS jeer accident)-- _--_ I UMBRELLA LIAB y jji OCCUR EACH OCCURRENCE $ EXCESS LIAB ; CLAIMS-MADE )AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE NIA j E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYE Et If yes,describe under • $ DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ ' ( j • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION 0 TECHNICAL SPECIFICATIONS Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations GENERAL NOTES: 1. Roadway limits are approximate and station limits may be adjustments to meet field conditions. 2. Maintain the existing and proposed sections of street and its appurtenances which are to be constructed, reconstructed or modified in this project. Any damaged on existing and proposed roadway pavements due to negligence or otherwise by the contractor's forces,the damaged area shall be repaired equal or better by the contractor at his/her own expense. 3. Any vegetation, sod rutted or shrubbery damaged by the contractor not within the roadway pavement rehabilitation work shall be restored by the contractor at his/her own expense. 4. All the asphalt milling material shall become the City's property and shall be transported to the dump site at 201 West H.O. Mills Port Arthur. Hauling this material will not be paid for separately but will be subsidiary to Item 354 Planing and Texturing Pavement. 5. 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 as good as or better than its original condition. No payment will be made for this work but will be consider subsidiary to the various bid items. 6. Allow City or other Utility forces to enter this project to accomplish their work as needed or as shown in the plans(by Utilities)and as may be deemed necessary and directed by the Engineer. 7. State and City forces will maintain the existing sections of street, highway and its appurtenances that are not a part of this project. Any sections damaged by the contractor's forces outside limits and scope of work as shown in the drawings shall be restored at the contractor's own expense. 8. 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 sign post back in accordance with the applicable standard sheets. (Pozloc System)This work shall be subsidiary to the various bid items. 9. 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. Consider all hauling of materials (including authorized waste) as subsidiary to the bid items involved. 10. The approximate locations of the known underground utility installations are shown on the plans. The contractor shall be responsible for confirming the exact location of these utility lines and at any others which may exist. No delay claim is allowed because of utility conflicts. It shall be the contractor's responsibility to notify the utility involved in case of conflict or damage and the contractor shall be held responsible for any damage that occurs due to negligence. Where the contractor encounters abandoned lines that interfere with the construction of this project, such lines shall be removed and disposed of by the contractor. There will be no direct payment for this work and it shall be considered subsidiary to the various bid items in the contract. 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: Texas One Call,toll-free 1-800-245-4545 UTILITY TELEPHONE NO. CONTACT PERSON AT&T 0: 409.839.7851 Mark Welsh Telephone Company M: 409.291.9564 General Notes Sheet 1 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations 0: 409.893.1666 Cliff Palermo M: 409.921.9489 Texas Gas Service 0: 409.963.0263 Arthur Thomas Telephone Company M: 409.460.9236 Stacy Block City of Port Arthur 0: 409.983.8557 Daryl Harmon Water Distribution M: 409.548.5585 City of Port Arthur 0: 409.983.8551 Jerome Hudson Sewer Conveyances M: 409.543.3839 City of Port Arthur 0: 409.983.8524 Brad Brown Drainage Supervisor M: 409.549.0738 Entergy 0: 409.983.8524 Debrah Drago M: 409.749.9623 Sprectrum 0: 409.720.5565 Adam LaRive M: 409.284.3765 City of Port Arthur 0: 409.983.8189 John Cannatella PW-Engineering M: 409.728.4399 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. 11. Direct attention to ordinances and regulations of local municipal and county governments and the TCEQ (Texas Commission on Environmental Quality), which may be applicable to this project. 12. 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". 13. Storm water grading permit is required for this project and shall be filled by the Contractor at the Contractor's expense. 14. The Contractor shall maintain existing drainage facilities and as directed by the Engineer provide materials, equipment, labor and all incidentals to have adequate drainage throughout the limits of the project during all construction phases. This work will not be paid for directly but shall be subsidiary to various bid items. 15. All drainage structures and outfall channels shall be cleaned and unobstructed from any excess or used construction materials. Remove excess materials from culvert ends at the upstream and downstream entrances and exits. Roadway pavement gutter lines shall be cleaned from excess asphaltic loose aggregate materials in a manner acceptable by the Engineer at the time of work completed and acceptance of project by the City. 16. Driveway ingress and egress to the adjacent property shall be maintained by the Contractor at all times. This is not paid for separately but shall be subsidiary to various bid items. General Notes Sheet 2 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations 17. The Contractor will be responsible to hire an independent testing laboratory to take samples and test all concrete structure for compressive strength, asphalt rolling pattern, hot mix asphalt densities, base course densities and sub-grade stabilization gradation and densities. This work shall be in accordance to the test methods provided for under the TxDOT Standard Specification for Construction of Highways, Streets, and Bridges(Adopted November 2014). This will not be paid for separately but will be considered subsidiary to various pertinent bid items. 18. All materials, equipment,tools and labor and incidentals required for the Contractor to provide traffic across the streets and for temporary ingress and egress to private property during construction shall be furnished by the Contractor at no additional cost to the City and shall be considered as incidental to the various Bid Items of this project. 19. When design details are not shown on the traffic control plans, modifications to the proposed traffic control plan to meet site conditions by either adding more detour, warning and traffic signs as approved by the Engineer shall not be paid for separately but shall be considered subsidiary to the traffic control bid items. Temporary pavement markings will be paid for under its unit bid item cost. Signs and arrows shall conform to the latest"Standard Highway Sign Designs for Texas"manual. 20. The Contractor shall be responsible for all maintenance of the travel way and appurtenances with in the barricades for the duration of the project. After work is completed in part or full, the Contractor shall immediately remove all barricades and traffic control devices and barriers to minimize traffic inconveniences to the public. 21. The surface area to be repaired or rehabilitated shall be bladed and power broom to remove grass, leaves and mud where necessary and as directed by the Engineer. This work will not be paid for directly but shall be considered subsidiary to various bid items. 22. All the necessary City and/or County permits and licenses will be procured by the Contractor. Expenses for procuring all permits and licenses will be the Contractor's responsibility. 23. All authorized waste material shall become the property of the Contractor and shall be disposed of at a place off the right-of-way and approved by the Engineer. 24. The Contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. 25. The Contractor shall 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. Schedule work so that the base placement operations follow the subgrade work as closely as practical to reduce the hazard to the traveling public and to prevent undue delay caused by wet weather. 26. Procure all the necessary city and/or state permits and licenses before the start of this project. 27. Prepare, maintain and submit for approval, a project schedule using CPM or similar project planning method. Also, submit Contractor's contract personnel's telephone or cell phone numbers in case of emergencies during and after working hours. General Notes Sheet 3 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations 28. The Contractor's construction schedule shall be based upon the Contract Time. The Contract Time has an inclusion of Thirty(30) days of inclement weather as defined in Article 54.b, c, & d of the General Conditions. No request for an extension of Contract time will be considered until the actual number of inclement weather days exceeds the number of days set out herein. 29. The Contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. The Contractor will provide all necessary labor,equipment,temporary conveyance materials and all other incidentals; and cost associated with this task to prevent flooding of roadway pavements, roadside ditches and properties on areas where construction work has started and/or on areas within project limits that will affect public safety and property damage during a storm event. Storm water will be conveyed and discharged into existing and new storm sewer structures. This work will not be measured or paid for directly but will be subsidiary to pertinent items. On areas within scope of work where water is ponding and or flooding during a rain event and as directed by the Engineer,the Contractor shall provide drainage and maintain temporary drainage structures and facilities which are necessary to facilitate drainage. All incidental labor, equipment,temporary material and incidental cost will not be measured or paid for directly but will be subsidiary to pertinent items. 30. Backfill back of concrete curbs with excess good dirt excavated materials or with a 60/40 dirt with ordinary compaction. This work including materials, labor, equipment and all incidentals will not be paid for separately, but shall be subsidiary to various bid items. 31. The bid item numbers shown on the proposed sheet refers to the Texas Department of Transportation (TxDOT) 2014 Standard Specification for Construction of Highways, Streets and Bridges and special provisions contained therein. 32. All curb and surface inlets in any street which is proposed to be planed and overlaid shall be cleaned after the street had been resurfaced. This work will not be paid for directly but shall be subsidiary to various bid items. 33. Place no construction signs in conflict with existing signs. If placement of construction signs for contract blocks existing signs, make necessary adjustments with approval from the Engineer BID ITEM NOTES Item 5: Control of the Work Station the project prior to commencing work. Mark the stations every 100 feet. Maintain stationing throughout the duration of the project. Remove the station markings at the completion of theproject. This work is subsidiary to the various bid items. Item 7: 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 7.7 of the standard specifications at no additional cost to the city. Consider this work to be subsidiary to the various bid items of the contract. Provide 72-hours notification to adjacent property owners of potential inconvenience due to the roadway work and provide contractor's contact number to call. Item 8: Prosecution and Progress No overnight Lanes closures are allowed. General Notes Sheet 4 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations Unless otherwise approved by the Engineer, maintain one lane of traffic at all times. 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, if applicable. Manage construction of all phases to minimize disruption to traffic. Working days will be charged during waiting period for placement of raised pavement markers. Item 104: Removing Concrete Saw the longitudinal break-back line when removing the existing concrete pavement for stage construction. Saw depth to be approximately two (2) inches. Increase saw depth if the edge of the existing concrete pavement to remain in place is not reasonably straight or as directed by the engineer. Consider Saw cuts, as shown on the plans, subsidiary to this Item, "Removing Concrete". Item 112: Subgrade Widening It is not expected that additional embankment will be required. Fill all excavated areas by the end of the work day. If any excavated areas remain after placing asphalt stabilized base widening, backfill them with material from subgrade widening. This backfilling along the asphalt-stabilized base will not be paid for directly,but will be subsidiary to this item. Quantity by station includes both sides of the roadway. Excess material not needed for backfilling pavement edges shall become the property of the contractor. Remove excess material daily unless otherwise directed by the Engineer. Item 134: Backfilling Pavement Edges Quantity by station includes both sides of the roadway. Use material from subgrade widening for backfilling pavement edges following placement of HMA Surface Course (Item 340). As level-up is placed, backfill pavement edges daily so that no drop-off conditions exist overnight. Item 247: Flexible Base Flexible Base shall be Ty A, Grade 1-2, crush stone produced from oversized quarried aggregate and density controlled. No blending of additives materials will be allowed. Prior to compacting the flexible base materials, it shall be bladed and shaped to conform to the typical section as shown in the drawings. Item 251: Reworking Base Course The construction limits for reworking of base material shall not exceed more than 5 blocks in one day's operation. Payment for this unit price bid item shall be for the full compensation for scarifying and breaking the existing pavement structure to a minimum of 6 inches in diameter, removal, hauling, spreading, disposal, and placing flexible base as shown in the drawings, sprinkling, blading and compaction. Maximum aggregate size should be no more than 2 inches in diameter. Medium pneumatic tire roller (Type B) in conjunction with sheep's foot and medium drum roller (60" minimum shell) shall be used for compaction of roadway after new base material have been placed. Rolling and tamping will not be paid for separately, but shall be subsidiary to various bid items. Roadway shall be opened to through traffic after road working process. General Notes Sheet 5 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations Item 275: Cement Treatment(Road Mix) (Super Slurry) The construction limits for mix and compact, cement,water and of base material shall not exceed more than a day's operation. Payment for this unit price bid item shall be for the full compensation for scarifying of the reworked existing pavement structure item 251, mixing the additional flexible base as shown in the drawings and cement slurry content as required, removal, hauling, spreading, disposal, sprinkling, blading and compaction. Mechanical watering may not be required during periods of adequate moisture as determined by the Engineer. Item 292 Asphalt Treatment(Plant-Mixed) Provide asphalt-stabilized base (GR 1) (PG 64). Compaction method specified as ordinary compaction. Item 300: Asphalt, Oils, and Emulsions Asphalt, Oils, and Emulsions shall conform with all the requirements set out in Item 300. Tack coat shall be CRS-2 and will be applied at rate of 0.1 gallons per square yard of surface area. This work including material, labor, equipment and all incidentals to complete the task is subsidiary to item 340. Item 310: Prime Coat Prime coat will be AE-P and will be applied at rate of 0.20 gallons per square yard of surface area. This work including material,labor,equipment and all incidentals to complete this work shall be paid for under Item 310. Item 340: Dense-Graded Hot Mix Asphalt Provide mixture type D and F using PG64-22. The City may, at its option, accept a commercial grade asphaltic concrete furnished by a local supplier. After initial tests are done to determine suitability of material that meets TxDOT specification and standards. Tracking of the oil outside work construction pavement zones shall be contained by the Contractor. This item is not paid for directly,but subsidiary to the various bid items. Tack Coat is subsidiary to this item of work. Provide mix designs. Mix designs must be verified and approved by the Engineer. Consider all required rolling as subsidiary for this item. Item 354: Planing and Texturing Pavement Planing asphalt surface is limited within the area of each sub-phase under construction. Clean Surface of Pavement before starting construction and after completion of construction. City will retain ownership of milling materials. Stockpile site will be at the Street and Drainage yard at 201 West H.O. Mills Port Arthur, or as approved by the Engineer. The Contractor shall apply water or sprinkling for dust control in an approved manner to insure the distribution in a uniform and controllable rate of application. The work performed and material furnished to control dust will be a minimum three (3) times a day or as directed by the Engineer. This work will be paid for under Item 204 Sprinkling. General Notes Sheet 6 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations Item 361: Full Depth Repair of Concrete Pavement For a given patch, the Contractor shall schedule and sequence the work so that the repair work will be completed and the pavement is open to traffic by the end of the day. Remove concrete by sawing full depth at break back line. Re-compaction of base course/sub-grade shall be considered subsidiary to this item. The areas to be repaired will be outlined on the pavement according to the plan and approved by the Engineer prior to repairs. Adjusting manholes lids shall be paid per Item 479. Contractor will provide manhole rings. Item 479: Adjusting Inlets,Manholes, and Gate Valves Adjusting existing manhole rings and lids and cover and existing gate valves cover will be paid under this bid item. Contractor will provide manhole rings and lids and gate valve risers & covers. Contractor to field verify sizes and order ASAP after contract is awarded. Item 502: Barricades, Signs, and Traffic Handling The traffic Control Plan(TCP) shall conform to the BC Standards and Part VI of the Texas Manual of Uniform Traffic Control Devices and as shown on the plans. 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. Use TxDOT TCP lane closure for planning,reworking of base, cement slurry mixing, asphalt overlay,concrete pavement repair operations and all others needed to complete work. Contractor shall submit phases of construction and traffic control plans to the Engineer for approval before construction. Contractor will install temporary and or permanent pavement markings. Limit length of lane closures to 1000 feet unless otherwise approved. Restrict work to one side of the roadway at a time or as directed by the Engineer. Provide flaggers at each side road intersection and ensure they have communication with the flaggers controlling the movement of traffic on the highway. Remove all traffic control devices from the roadway, off of the right of way, when they are not in use. Notes 2 and 3 of Barricade and Construction(BC) Standard Sheets General Notes 1 of 12 BC (1)-14 has been deleted. All Barricade and Construction General Notes and Requirements (BC)-14 Standard drawings have been adopted for use in this project. 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 and are installed in a fashion that will not allow them to be removed from the right of way easily. Maintain all barricades and warning signs, including all temporary and portable traffic control devices necessary during the various phases of construction, in accordance with the BC and TCP standards in the plans, the latest version of the Texas Manual on Uniform Traffic Control Devices, General Notes Sheet 7 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations and/or as directed by the Engineer. Occasionally all barricades and warning signs, including all temporary and portable traffic control devices during construction shall be cleaned when necessary to help ensure safety of the traveling public or as directed by the Engineer. Maintain all barricades and warning signs, including all temporary and portable traffic control devices necessary during the various phases of construction, in accordance with the BC and TCP standards in the plans, the latest version of the Texas Manual on Uniform Traffic Control Devices, and/or as directed by the Engineer. Do not leave equipment(that is not in use)near the edge of roadway or within work zone area unless approved otherwise by the Engineer. Item 530: Intersections,Driveways, and Turnouts The dimensions of mailbox turnouts shall comply with those shown on the Mailbox Turnout Details sheet unless otherwise approved by the Engineer. The flexible base,prime, embankment, and OCST used for mailbox turnouts will not be paid for directly,but are subsidiary to Item 530. Compaction method specified as ordinary compaction. Item 644: Small Roadside Sign Supports and Assemblies After removing the stop sign during removal of the raised center median near FM 787, place a temporary stop sign at a location approved by the Engineer. Keep the temporary sign in place until its removal is approved by the Engineer. Placement of the temporary sign is considered subsidiary to Item 644. Erect all signs according to the locations shown on the signing layout sheets. Erect Reference Marker signs at the same station as they were located prior to removal. Remove and stockpile all existing signs and sign posts within the project that are not to remain, at a stockpile location designated by the engineer. Remove the signs from the posts. Replace any signs or post damaged by the contractor at his/her entire expense. Consider this work to be subsidiary to the various bid items of the contract. Item 662: Work Zone Pavement Markings Unless otherwise directed by the Engineer,place short-term pavement markings immediately following placement of any surface treatment that covers the existing centerline striping. Place work zone pavement markings within 7 calendar days after elimination of the existing striping and placement of short-term striping. If it is not possible to place the standard pavement markings due to inclement weather, maintain the short-term pavement markings in accordance with Item 662, "Work Zone Pavement Markings" until placement of the standard markings is possible. Maintenance of the short-term pavement markings is subsidiary to this item. Item 666: Reflectorized Pavement Markings The striping layout provided in the plan set is intended as a guide for re-installing the existing pavement markings. Gather information(dimensions, transition locations, etc.)to supplement the striping layout prior to the removal of the existing pavement markings. Furnish Type II double-drop glass beads. Air blowing is subsidiary to this item. Place pavement markings within 7 calendar days after elimination of the existing striping and/or placement of short-term striping. If it is not possible to place the standard pavement markings due to inclement weather, maintain the short-term pavement markings in accordance with Item General Notes Sheet 8 of 9 Control: City of Port Arthur Project: 2020-2022 Street Rehabilitation Program Roadway: Various Locations 662, "Work Zone Pavement Markings" until placement of the standard markings is possible. Item 712: Cleaning and Sealing Joints and Cracks Refer to Item 712.4 Work Method, TxDOT Standard Specification for Construction (2014 Edition) for application. Item 760: Cleaning and Reshaping Ditches This activity will be scheduled and sequenced during the roadway base preparation work and before the placing of hot mix asphalt level-up and surface course. Item 999: LithTec (FDR) Full Depth Reclamation Refer to"LithTec Treated Full Depth Lithification Installation and Performance Specifications". General Notes Sheet 9 of 9 SECTION P QUALIFICATION STATEMENT w v. a ui Cr) % O cu N o C O E 0 r ) �� I ) ts • E I) O �, Is W ' ' I o V u, • co a) c.:-.) o v: (.) .� O Q U D co U, -o X N Cn W .t." x co • cnc. O com i • N �' oQ CD a c..) 01 r6 Z Hco O t ." S11 r l an ,_, Cn E 3=_ • ■sue E ic O z .. X >, -_T-_,- c co c o o O E O 0 0 0 _I O U) — QUALIFICATION STATEMENT SUBMITTED TO: CITY OF PORT ARTHUR BY [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. I. How many years has your organization been in business as a general contractor under your present business name: 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor (b) As a sub-contractor 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner P-1 4. Have you ever failed to complete any work awarded to you? If so, where and why? 5. In what manner have you inspected this proposed work? Explain in detail. 6. Explain your plan or layout for performing the proposed work: 7. The work, if awarded to you, will have the personal supervision of whom? (a) For administrative management? (b) For resident construction superintendence? (c) What experience in this type of work is enjoyed by the superintendent designated under(b) above? 8. What portions of the work do you intend to sub-let? P-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 1 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? P-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer Dated at this day of ,20_. BY: TITLE: P-4 --- - SECTION Q 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: �` � CO, •' �; (#1/4-4-2 c '-..0 Printed Name: T.W. HARRISON • ` Title: 1 ~ - PRESIDENT • 'S Company: ALLCO LLC /6, • ' • Date: JANUARY 11, 2023 ' ,` T.W.Harrison President Allco LLC SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. t•.....•....................w— t �pPY PU4 JACQUELINE CHRISTOPHERI ` ce,,o. Notary Public,State of Texas 2 ary Public in and for the Nr t �Q Comm.Expires 05-21-2024 1 State of Texas q,FOFtE� Notary ID#155932-5 My commission expires: May 21,2024 Q-1 SECTION R 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: X 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. W`d�dYII,, ALLCO LLC ; /- ..C! ®°�� JANUARY 11, 2023 E Firm Name � � Date . �— z PRESIDENT Authorized Signature S Title *T.W. HARRISON °e/ ,r +�`°�\ 409-860-4459 Name(please print) Telephone tharrison@allco.com Email STATE: TEXAS COUNTY: JEFFERSON SUBSCRIBED AND SWORN to before me by the above named T.W. HARRISON on this the 11TH day of JANUARY , 2023 — JACQUELINE CHRISTOPHER i , , PY PU o�_,�',°� Notary Public,State of Texas 2 � , N,� IQ Comm.Expires 05-21-2024 arylPublic "lute Notary ID#155932-5j --------------- RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL R-1 SECTION S 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, 11 Name of vendor who has a business relationship with local governmental entity. ALLCO LLC z � I I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 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.) 2.1 Name of local government officer about whom the information is being disclosed. CITY OF PORT ARTHUR 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 I ( 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? I (Yes (X ( 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. N/A Check this box if the vendor has given the local govemment officer or afamily member of the officer one or more gifts err as described in Section 176.003(a)(2)(B), excludin �, e$ ftiesIin Section 176.003(a-1 . • ) VlAACID • • ;JANUARY 11, 2023 ' nature of vendor doing business with the goverrunentil e� � Date T.W HARRISON-PRF.SIDF.NT Form provided by Texas Ethics Commission �wwvaetl•Y fat-`-.tr,,Us . Revised 11/30/2015 S-1 �i� •..,,.��• • `` iti, fliilt,,o 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 al http://www.statutes.iegis,stafe.tx.us! Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of afederal,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§i 76.003(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.athics.state.tx.us Revised 11:30:2015 S-2 SECTION T SB 252 SB 252 CHAPTER 2252 CERTIFICATION I, T.W. HARRISON , the undersigned an representative of ALLCO 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. T.W. HARRISON - PRESIDENT ;,y+;e Y Name of Company Representative(Print) ��` ` , :•�.< �o r4 A RZLL:1 00.; Signature of Company Representative JANUARY 11. 2023 ��'I'm"��' Date I I T-1 M SECTION U HOUSE BILL 89 VERIFICATION House Bill 89 Verification T.W. HARRISON (Person name), the undersigned representative (hereafter referred to as "Representative") of ALLCO 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. ``,°a,1.+`�1 Y 1 1.1 S GNAT OF REPRESENTATIVE \' .- T.W. HARRISON - PRESIDENT % S .e • SUBSCRIBED AND SWORN TO BEFORE ME,the undersigned authority, on this 11th day of z �pP�pUe JACQUELINE CHRISTOPHERI JANUARY , 20 23 . i Z! �, Notary Public,State of Texas t t N,,� 7Q Comm.Expires 05-21-2024 t 'TEOFtE* Notary 1D#155932-5 N Plblic U-1