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HomeMy WebLinkAboutPR 23030: TRANSIT BUS PAD PROJECT ROUND 1 City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit Director Date: May 21,2023 Re: P.R.23030—Transit Bus Pad Project Round 1 Nature of Request:Authorize the City Manager to execute a contract with Greenscapes Six,LLC.,for the construction of bus stops for Port Arthur Transit(PAT)in the amount not to exceed$153,291.00. Background: PAT maintains bus stops throughout its service area that are utilized for fixed-route service. The bus stops conditions vary with some being ADA compliant while others require an upgrade to meet this standard. PAT has contracted Soutex,Inc.to review bus stops and develop a design package to address ADA compliancy. Soutex,Inc. submitted a bid package containing 26 bus stops in their first round of bus stop reviews. Port Arthur's Purchasing Division issued a Request for Bids(RFB)to construct the bus stops. Three (3)bids were received and evaluated by Purchasing and PAT. The lowest bidder was Greenscapes Six,LLC.,in the amount not to exceed$153,291.00. Recommendation: It is recommended the City Council approve proposed P.R.23030 for the construction of bus stops in the amount not to exceed$153,291.00. Budgetary/Fiscal Effect: Funding to pay for the construction of bus stops is available in account 401- 70-530-8525-00-60-000,Project TR11316 CAP.00O. P.R. 23030 5/21/2023 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GREENSCAPES SIX, LLC OF BAYTOWN, TEXAS FOR ADA COMPLIANT BUS STOP CONSTRUCTION AT VARIOUS LOCATIONS IN THE CITY OF PORT ARTHUR, TEXAS IN THE AMOUNT NOT TO EXCEED $153,291.00. FUNDING IS AVAILABLE IN ACCOUNT 401-70-530-8525-00-60-000, PROJECT TR11316 CAP.00O WHEREAS, Port Arthur Transit (PAT) has received funding from the Federal Transit Administration to design and reconstruct bus stops; and, WHEREAS, PAT contracted an engineering firm for engineering and design services for twenty-six (26) bus stops; and, WHEREAS, the Port Arthur Purchasing Division advertised for bids in the Port Arthur News on April 12, 2023 and April 19, 2023 for the construction of the bus stops; and, WHEREAS, three (3) qualification packages were received, and have been evaluated by Purchasing and PAT, a copy of the Bid Tabulation is attached hereto as Exhibit"A"; and, WHEREAS, PAT is recommending that the City of Port Arthur by its City Manager award the contract to Greenscapes Six, LLC., the lowest and most responsive bidder, as delineated in Exhibit"A"; and, WHEREAS, a contract agreement between the City of Port Arthur and Greenscapes Six, LLC. is attached hereto as Exhibit"B". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct. THAT, the City Manager is hereby authorized to enter into a contract with Greenscapes Six, LLC of Baytown, Texas for the construction of bus stops in the amount not to exceed $153,291.00, in substantially the same for as attached hereto as Exhibit"B". THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. P.R. 23030 5/21/2023 IM READ,ADOPTED AND APPROVED this day of June, 2023 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman "Bill"Bartie, Mayor ATTEST: Sherri Bellard, City Secretary OVED AS TO FORM: Val Tizen , City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 401-70-53 0-8525-00-60-000 PROJECT TR4-6.CAP.000 113 ) ty Ronald Burton Kandy Daniel City Manager Director of Finance C91\CWCIAC4-41-M 6"hcti6 Cl Williams, CPPB Ivan Mitchell Purchasing Manger Transit Director P.R. 23030 5/21/2023 IM Exhibit "A" 8 o 0 8 0 8 8 8 8 8 no La 10 N Ot ON .-I 0 cc: O 00 of C 01 03 N Z m m n. 10 C) U N 00 00 C Ti, .-Y m 1-1 .-1 01 a t W 'I" -0• n I- j O VI C Z tr., to 01 tn. t4 in V/to tn. fn. E VI VI VI O O O S 00. 0 O O O S S eo T T T u O 0 .•1 N 01 u1 n 1A .-i X m y 0 N N N m N N m N O WW a N m ♦+ v 1 c 7 VI to N V/ V. 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'ao LII Z Z tJi vI Y p w , V v j W �w 7, O vi < Q u LL Ou cc Q Z °i! ,� N u a a 3 c Na m (� ''� 0 aa) �o L jy I O I= CC cc vI 0: cc u 0 N c J .� aJ al p N E N VI w w W VI W J W W w H aJ L O Ct 00N aXW /- I- I- WI- oI- I- I- 0 - H in p .. O en NI Lu D cC cC cC 0 ct Z CL CC oWC wu. O x u^j 0 Z m J U U U J U f_ V U U O 4-' yv, C U Z Z Z u Z 0 Z Z Z `''- v O W Z 0 0 0 Z 02 0 0 0 u O O aj 20 . CUU .-. vz000 = v,o Z . t E in- M1 w J d N m in VD N CO CFIa to " ` 5 m 0 `n u 0 I- H on L u 0 F- rC a` P.R. 23030 5/21/2023 IM Exhibit "B" CONSTRUCTTION OF BUS STOPS FOR PORT ARTHUR TRANSIT THIS AGREEMENT, made this day of June, 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 Greenscapes Six LLC., Texas, a limited liability corporation hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be for one year from date of the issuance of the Notice to Proceed. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with ten (30) days written notice. 2. The Contractor will adhere to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA)wage rates as specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. 3. During the term of this Contract, the Contractor will furnish at his own expense all the materials, supplies, tools, equipment, labor, and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the following cost: In an amount not to exceed $153,291.00. 5. The term"Contract Documents"means and includes the following: A) Agreement B) Invitation to Bid C) General Information D) Specifications E) Bid F) Bid Bond G) Insurance H) Notice of Award I) Notice to Proceed J) Federal Forms 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of , 2023. ATTEST: CITY OF PORT ARTHUR BY: Sherri Bellard Ronald Burton City Secretary City Manager Signed on the day of , 2023. WITNESS: GREENSCAPES SIX LLC BY: Print Name: Title: Federally Required Contract Clauses for Construction Services Contracts Mandatory Clause/Language The Buy America regulation,at 49 CFR§661.13,requires notification of the Buy America requirements in FTA-funded contracts,but does not specify the language to be used.The following language has been developed by FTA. Buy America-The contractor agrees to comply with 49 USC §5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel,iron,and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR§661.7,and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation,microcomputer equipment,software, and small purchases (currently less than$100,000)made with capital,operating,or planning funds.Separate requirements for rolling stock are set out at 5323(j)(2)(C)and 49 CFR§661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below)with all bids on FTA-funded contracts,except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non-responsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel,iron,or manufactured products. Certificate of Compliance with 49 USC§5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 USC§5323(j)(1) and the applicable regulations in 49 CFR Part 661. Date Signature Company Name Title Certificate of Non-Compliance with 49 USC§5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC§ 53230)(1),but it may qualify for an exception pursuant to 49 USC§5323(j)(2)(B)or(j)(2)(D) and the regulations in 49 CFR§661.7. Date Signature Company Name Bidders/Contractors are strongly advised to read and adhere to all the contractual requirements referenced below. The requirements are specifically outlined within the attached document titled: "Federally Required Contract Clauses for Construction Services Contracts". Failure to comply with all requirements could result in the bid/contract being rejected as non- responsive. Project: Construction of Port Arthur Transit's Bus Stops Required Federal Contract Clauses for this Contract: 1. Fly America 2. Buy America 3. Cargo Preference 4. Seismic Safety 5. Energy Conservation 6. Clean Water 7. Lobbying 8. Access to Records and Reports 9. Federal Changes 10. Bonding 11. Clean Air 12. Recycled Products 13. Davis-Bacon Act 14. Copeland Anti-Kickback Act 15. Contract Work Hours and Safety Standards Act 16. No Government Obligations to Third Parties 17. Program Fraud and False or Fraudulent Statements and Related Acts 18. Termination 19. Government-Wide Debarment and Suspension(Non-procurement)? 20. Civil Rights 21. Breaches and Dispute Resolution 22. Disadvantage Business Enterprise(DBE) 23. Incorporation of Federal Transit Administrative Terms The bidder/contractor or offeror hereby certifies that it will comply with the federal contract clauses required for this construction services contract. FEDERAL GOVERNMENT REQUIRED CLAUSES (FTA) (BIDDERS ARE REQUESTED TO RETAIN THESE CLAUSES FOR FUTURE REFERENCE) fly America Requirements All contracts involving transportation of persons or property,by air between the U.S.and/or places outside the U.S.These requirements do not apply to micro-purchases($10,000 or less,except for construction contracts over$2,000). Contractor shall comply with 49 USC 40118(the"Fly America"Act)in accordance with General Services Administration regulations 41 CFR 301-10,stating that recipients and subrecipients of Federal funds and their contractors are required to use US Flag air carriers for US Government-financed international air travel and transportation of their personal effects or property,to the extent such service is available,unless travel by foreign air carrier is a matter of necessity,as defined by the Fly America Act.Contractor shall submit, if a foreign air carrier was used,an appropriate certification or memorandum adequately explaining why service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier and shall,in any event,provide a certificate of compliance with the Fly America requirements.Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation. jluv America Requirements Construction Contracts and Acquisition of Goods or Rolling Stock(valued at more than$150,000) Contractor shall comply with 49 USC 5323(j)and 49 CFR 661,stating that Federal funds may not be obligated unless steel,iron,and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver.General waivers are listed in 49 CFR 661.7, and include software,microcomputer equipment and small purchases(currently less than$150,000)made with capital,operating,or planning funds.Separate requirements for rolling stock are stated at 5323(j)(2)(C)and 49 CFR 661.11.Rolling stock must be manufactured in the US and have a minimum 60%domestic content for FY2016 and FY2017,a minimum 65%domestic content for FY2018 and FY2019 and a minimum 70%domestic content for FY2020 and beyond.A bidder or offeror shall submit appropriate Buy America certification to the recipient with all bids on FTA-funded contracts,except those subject to a general waiver.Proposals not accompanied by a completed Buy America certification shall be rejected as nonresponsive.This requirement does not apply to lower tier subcontractors. Charter Bus Requirements Operational Service Contracts.These requirements do not apply to micro-purchases($10,000 or less,except for construction contracts over$2,000). Contractor shall comply with 49 USC 5323(d)and(g)and 49 CFR 604,which state that recipients and subrecipients of FTA assistance may provide charter service for transportation projects that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws(except as permitted by 49 CFR 604.2),or under 23 U.S.C. 133 or 142,only in compliance with those laws and FTA regulations,"Charter Service,"49 CFR part 604,the terms and conditions of which are incorporated herein by reference. School Bus Requirements These requirements do not apply to micro-purchases($10,000 or less,except for construction contracts over$2,000). Pursuant to 69 USC 5323(f)or(g)as amended by MAP-21,23 USC 133,23 USC 142,and 49 CFR 605,recipients and subrecipients of FTA assistance shall not engage in school bus operations exclusively for transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions.When operating exclusive school bus service under an allowable exemption,recipients and subrecipients shall not use federally funded equipment,vehicles,or facilities.Violations.If a Recipient or any Third-Party Participant that has operated school bus service in violation of FTA's School Bus laws and regulations,FTA may: (1)Require the Recipient or Third-Party Participant to take such remedial measures as FTA considers appropriate,or (2)Bar the Recipient or Third Party Participant from receiving Federal transit funds. Cargo Preference Use of US-Flag Vessels Contracts involving equipment,materials or commodities which may be transported by ocean vessels. These requirements do not apply to micro-purchases($10,000 or less,except for construction contracts over$2,000). Contractor shall:a.use privately owned US-Flag commercial vessels to ship at least 50%of the gross tonnage (computed separately for dry bulk carriers,dry cargo liners,and tankers)involved,whenever shipping any equipment, material,or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US flag commercial vessels;b.furnish within 20 working days following the loading date of shipments originating within the US or within 30 working days following the loading date of shipments originating outside the US,a legible copy of a rated,"on-board"commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National Cargo,Office of Market Development,Maritime Administration, Washington,DC 20590 and to the recipient(through contractor in the case of a subcontractor's bill-of-lading.)c. include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment,material,or commodities by ocean vessel. Seismic Safety Construction of new buildings or additions to existing buildings.These requirements do not apply to micro-purchases($10,000 or less,except for construction contracts over$2,000). Contractor agrees that any new building or addition to an existing building shall be designed and constructed in accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify compliance to the extent required by the regulation.Contractor shall also ensure that all work performed under this contract,including work performed by subcontractors,complies with the standards required by 49 CFR 41 and the certification of compliance issued on the project. Fnergv Conservation All Contracts except micro-purchases($10,000 or less,except for construction contracts over$2,000) Contractor shall comply with mandatory standards and policies relating to energy efficiency,stated in the state energy conservation plan issued in compliance with the Energy Policy&Conservation Act. Clean Water All Contracts and Subcontracts over$150,000. Contractor shall comply with all applicable standards,orders or regulations issued pursuant to the Federal Water Pollution Control Act,as amended,33 USC 1251 et seq.Contractor shall report each violation to the recipient and understands and agrees that the recipient shall,in turn,report each violation as required to FTA and the appropriate EPA Regional Office.Contractor shall include these requirements in each subcontract exceeding$150,000 financed in whole or in part with FTA assistance. Pus Testing Rolling Stock/Turnkey Contractor[manufacturer] shall comply with 49 USC A5323(c)and FTA's implementing regulation 49 CFR 665 and shall perform the following: I) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a cony of the final test report to the recipient prior to the recipient's final acceptance of the first vehicle. 2) A manufacturer who releases a report under para. 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3) If the manufacturer represents that the vehicle was previously tested,the vehicle being sold should have the identical configuration and major components as the vehicle in the test report,which must be provided to the recipient prior to the recipient's final acceptance of the first vehicle.If configuration or components are not identical,the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 4) If the manufacturer represents that the vehicle is"grandfathered"(has been used in mass transit service in the US before Oct. 1, 1988,and is currently being produced without a major change in configuration or components),the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. Pre-Award&Post-Delivery Audit Requirements Rolling Stock/Turnkey Contractor shall comply with 49 USC 5323(1)and FTA's implementing regulation 49 CFR 663 and submit the following certifications: 1) Buy America Requirements:Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America.If contractor certifies compliance with Buy America,it shall submit documentation listing: A. Component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts,their country of origin and costs;and B. The location of the final assembly point for the rolling stock,including a description of the activities that will take place at the final assembly point and the cost of final assembly. C. Solicitation Specification Requirements:Contractor shall submit evidence that it will be capable of meeting the bid specifications. D. Federal Motor Vehicle Safety Standards(FMVSS):Contractor shall submit 1)manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the buses will not be subject to FMVSS regulations. j.ob ying Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts over$100,000 Byrd Anti-Lobbying Amendment,31 U.S.C. 1352,as amended by the Lobbying Disclosure Act of 1995,P.L. 104-65 [to be codified at 2 U.S.C. § 1601,et seq.]-Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20,"New Restrictions on Lobbying."Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract,grant or award covered by 31 U.S.C. 1352.Such disclosures are forwarded from tier to tier up to the recipient. Access to Records and Renorts As shown below.These requirements do not apply to micro-purchases($10,000 or less,except for construction contracts over $2,000) The following access to records requirements apply to this Contract: 1. Where the purchaser is not a State but a local government and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i),contractor shall provide the purchaser,the FTA,the US Comptroller General or their authorized representatives access to any books,documents,papers and contractor records which are pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions.Contractor shall also,pursuant to 49 CFR 633.17,provide authorized FTA representatives,including any PMO contractor,access to contractor's records and construction sites pertaining to a capital project,defined at 49 USC 5302(a)1,which is receiving FTA assistance through the programs described at 49 USC 5307,5309 or 5311. 2. Where the purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 633.17,contractor shall provide the purchaser,authorized FTA representatives,including any PMO Contractor, access to contractor's records and construction sites pertaining to a capital project,defined at 49 USC 5302(a)1,which receives FTA assistance through the programs described at 49 USC 5307,5309 or 5311.By definition,a capital project excludes contracts of less than the simplified acquisition threshold currently set at$250,000. 3. Where the purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education,a hospital or other non-profit organization and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48,contractor shall provide the purchaser,the FTA,the US Comptroller General or their authorized representatives,access to any books,documents, papers and record of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts and transcriptions. 4. Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC 5325(a)enters into a contract for a capital project or improvement(defined at 49 USC 5302(a)1)through other than competitive bidding,contractor shall make available records related to the contract to the purchaser,the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. Contractor shall maintain all books,records,accounts and reports required under this contract for a period of not less than three(3)years after the date of termination or expiration of this contract,except in the event of litigation or settlement of claims arising from the performance of this contract,in which case contractor agrees to maintain same until the recipient,FTA Administrator,US Comptroller General,or any of their authorized representatives,have disposed of all such litigation,appeals,claims or exceptions related thereto.Re: 49 CFR 18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes All Contracts except micro-purchases($10,000 or less,except for construction contracts over$2,000) Contractor shall comply with all applicable FTA regulations,policies,procedures and directives,including without limitation those listed directly or by reference in the Master Agreement between the recipient and FTA,as they may be amended or promulgated from time to time during the term of the contract.Contractor's failure to comply shall constitute a material breach of the contract. Bonding Requirements For those construction or facility improvement contracts or subcontracts exceeding$250,000,FTA may accept the bonding policy and requirements of the recipient,provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five(5)percent of the bid price.The"bid guarantees" shall consist of a firm commitment such as a bid bond,certifies check,or other negotiable instrument accompanying a bid as assurance that the bidder will,upon acceptance of his bid,execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price.A"performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price.A"payment bond"is one executed in connection with a contract to assure payment,as required by law,of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50%of the contract price if the contract price is not more than$1 million; (2) 40%of the contract price if the contract price is more than$1 million but not more than$5 million;or (3) $2.5 million if the contract price is more than$5 million. d. A cash deposit,certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds,provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond.Bid Bond Requirements (Construction) (a) Bid Security-A Bid Bond must be issued by a fully qualified surety company acceptable to(Recipient)and listed as a company currently authorized under 31 CFR,Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved-In submitting this Bid,it is understood and agreed by bidder that the right is reserved by (Recipient)to reject any and all bids,or part of any bid,and it is agreed that the Bid may not be withdrawn for a period of[ninety(90)]days subsequent to the opening of bids,without the written consent of(Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety(90)]days after the bid opening without the written consent of(Recipient),shall refuse or be unable to enter into this Contract,as provided above,or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds,as provided above,or refuse or be unable to furnish adequate and acceptable insurance,as provided above,he shall forfeit his bid security to the extent of(Recipient's)damages occasioned by such withdrawal,or refusal,or inability to enter into an agreement,or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond,Certified Check,Cashier's Check,Treasurer's Check,and/or Official Bank Check(excluding any income generated thereby which has been retained by(Recipient)as provided in[Item x"Bid Security"of the Instructions to Bidders])shall prove inadequate to fully recompense(Recipient)for the damages occasioned by default,then the undersigned bidder agrees to indemnify (Recipient)and pay over to(Recipient)the difference between the bid security and(Recipient's)total damages,so as to make(Recipient)whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form,other than that requested,will render the bid unresponsive.Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price,unless the(Recipient) determines that a lesser amount would be adequate for the protection of the(Recipient). 2. The(Recipient)may require additional performance bond protection when a contract price is increased.The increase in protection shall generally equal 100 percent of the increase in contract price. The(Recipient)may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (1)Fifty percent of the contract price if the contract price is not more than$1 million. (ii)Forty percent of the contract price if the contract price is more than$1 million but not more than$5 million; (iii) Two and one half million if the contract price is more than$5 million. 2. If the original contract price is$5 million or less,the(Recipient)may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements(Non-Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the(Recipient's) interest. (a) The following situations may warrant a performance bond: 1. (Recipient)property or funds are to be provided to the contractor for use in performing the contract or as partial compensation(as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern,and the(Recipient),after recognizing the latter concern as the successor in interest,desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling,demolition,or removal of improvements. (b) When it is determined that a performance bond is required,the Contractor shall be required to obtain performance bonds as follows: 1. The penal amount of performance bonds shall be 100 percent of the original contract price,unless the(Recipient) determines that a lesser amount would be adequate for the protection of the(Recipient). 2. The(Recipient)may require additional performance bond protection when a contract price is increased.The increase in protection shall generally equal 100 percent of the increase in contract price. The(Recipient)may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required,and if the use of payment bond is in the (Recipient's)interest. (d) When it is determined that a payment bond is required,the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than$1 million; (11) Forty percent of the contract price if the contract price is more than$1 million but not more than$5 million;or (iii) Two and one half million if the contract price is increased.Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished.The(recipient)shall determine the amount of the advance payment bond necessary to protect the(Recipient). Patent Infringement Bonding Requirements(Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful.The(recipient)shall determine the amount of the patent indemnity to protect the(Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to(Recipient),the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by(Recipient),free from faults and defects and in conformance with the Contract Documents.All work not so conforming to these standards shall be considered defective.If required by the[Project Manager],the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades.The Work must be of safe,substantial and durable construction in all respects.The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one(1)year after Final Payment by(Recipient)and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to(Recipient).As additional security for these guarantees,the Contractor shall,prior to the release of Final Payment[as provided in Item X below],furnish separate Maintenance(or Guarantee)Bonds in form acceptable to(Recipient)written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract.These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one(1)year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT(100%)of the CONTRACT SUM,as adjusted(if at all). Clean Air All contracts over$150,000. (1)Contractor shall comply with all applicable standards,orders or regulations pursuant to the Clean Air Act,42 USC 7401 et seq.Contractor shall report each violation to the recipient and understands and agrees that the recipient will, in turn,report each violation as required to FTA and the appropriate EPA Regional Office. (2)Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with FTA assistance. Recycled Products All contracts for items designated by the EPA,when the purchaser or contractor procures$10,000 or more of one of these items during the current or previous fiscal year using Federal funds. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA),as amended(42 U.S.C.6962),including but not limited to the regulatory provisions of 40 CFR Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. J)avis-Bacon and Copeland Anti-Kickback Acts Construction contracts and subcontracts,including actual construction,alteration and/or repair,including decorating and painting, over$2,000 (1)Minimum wages— (i)All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph(1)(iv) of this section;also,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in 29 CFR Part 5.5(a)(4).Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classifications and wage rates conformed under paragraph(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination;and (4)With respect to helpers as defined in 29 CFR 5.2(n)(4),such a classification prevails in the area in which the work is performed. (iii)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, Washington,DC 20210.The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (iv)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (v) The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (vi)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That the Secretary of Labor has found,upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,Washington,DC 20210. The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding-The recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract.In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of the wages required by the contract,the grantee may,after written notice to the contractor, sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased. (3) Payrolls and basic records— (A) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949, in the construction or development of the project).Such records shall contain the name,address,and social security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (B) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the recipient for transmission to the Federal Transit Administration.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations,29 CFR part 5. This information may be submitted in any form desired.Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014-1),U.S.Government Printing Office,Washington,DC 20402.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (C)Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i)of Regulations,29 CFR part 5 and that such information is correct and complete; (2)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (D)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph (a)(3)(ii)(B)of this section. (E)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (i)The contractor or subcontractor shall make the records required under paragraph(a)(3)(i)of this section available for inspection,copying,or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees— (i)Apprentices-Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration,Bureau of Apprenticeship and Training,or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed.Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.If the Administrator of the Wage and Hour Division of the U.S.Department of Labor determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination.In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S.Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity-The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements-The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such other clauses as the Federal Transit Administration may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (fl Contract termination:debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements-All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards-Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. (10) Certification of Eligibility (i) By entering into this contract,contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in 18 USC 1001. P' Contract Work Hours& Safe t v Standards Act Contracts over$250,000 (1) Overtime requirements-No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation;liability for unpaid wages;liquidated damages-In the event of any violation of the clause set forth in paragraph 1 of this section,contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph 1 of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. (3) Withholding for unpaid wages and liquidated damages -the recipient shall upon its own action or upon written request of USDOL withhold or cause to be withheld, from any moneys payable on account of work performed by contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours& Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. (4) Subcontracts-Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.Prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 1No Government Obligation to Third Parties All contracts except micro-purchases($10,000 or less,except for construction contracts over$2,000) (1) The recipient and contractor acknowledge and agree that,notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract,absent the express written consent by the US Government,the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient,the contractor,or any other party(whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance.It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts All contracts except micro-purchases($10,000 or less,except for construction contracts over$2,000) (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 USC 3801 et seq.and USDOT regulations,"Program Fraud Civil Remedies,"49 CFR 31,apply to its actions pertaining to this project.Upon execution of the underlying contract,contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes,it may make,or causes to be made,pertaining to the underlying contract or FTA assisted project for which this contract work is being performed.In addition to other penalties that may be applicable,contractor further acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,statement,submittal,or certification,the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act(1986)on contractor to the extent the US Government deems appropriate. (2) If contractor makes,or causes to be made,a false,fictitious,or fraudulent claim,statement,submittal,or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307,the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1)on contractor,to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance.The clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. Termination All Contracts over$10,000,except contracts with nonprofit organizations and institutions of higher learning,where the threshold is $250,000 a. Termination for Convenience(General Provision)the recipient may terminate this contract,in whole or in part,at any time by written notice to contractor when it is in the recipient's best interest.Contractor shall be paid its costs, including contract close-out costs,and profit on work performed up to the time of termination.Contractor shall promptly submit its termination claim to the recipient.If contractor is in possession of any of the recipient's property, contractor shall account for same,and dispose of it as the recipient directs. b. Termination for Default[Breach or Cause](General Provision)If contractor does not deliver items in accordance with the contract delivery schedule,or,if the contract is for services,and contractor fails to perform in the manner called for in the contract,or if contractor fails to comply with any other provisions of the contract,the recipient may terminate this contract for default.Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default.Contractor shall only be paid the contract price for supplies delivered and accepted,or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing,such as a strike, fire,or flood,events which are not the fault of or are beyond the control of contractor,the recipient,after setting up a new delivery or performance schedule,may allow contractor to continue work,or treat the termination as a termination for convenience. C. Opportunity to Cure(General Provision)the recipient in its sole discretion may,in the case of a termination for breach or default,allow contractor an appropriately short period of time in which to cure the defect.In such case,the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms,covenants,or conditions of this Contract within ten(10)days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default,the recipient shall have the right to terminate the Contract without any further obligation to contractor.Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant,term or condition of this Contract,such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term,covenant,or condition of this Contract. e. Termination for Convenience(Professional or Transit Service Contracts)the recipient,by written notice,may terminate this contract,in whole or in part,when it is in the recipient's interest.If the contract is terminated,the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default(Supplies and Service)If contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract,the recipient may terminate this contract for default.The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default.Contractor shall only be paid the contract price for supplies delivered and accepted,or services performed in accordance with the manner or performance set forth in this contract. If,after termination for failure to fulfill contract obligations,it is determined that contractor was not in default,the rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience. g. Termination for Default(Transportation Services)If contractor fails to pick up the commodities or to perform the services,including delivery services,within the time specified in this contract or any extension or if contractor fails to comply with any other provisions of this contract,the recipient may terminate this contract for default.The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default.Contractor shall only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while contractor has possession of the recipient goods,contractor shall,as directed by the recipient,protect and preserve the goods until surrendered to the recipient or its agent.Contractor and the recipient shall agree on payment for the preservation and protection of goods.Failure to agree on an amount shall be resolved under the Dispute clause.If,after termination for failure to fulfill contract obligations, it is determined that contractor was not in default,the rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience. h. Termination for Default(Construction)If contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified,or any extension,or fails to complete the work within this time,or if contractor fails to comply with any other provisions of this contract,the recipient may terminate this contract for default.the recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default.In this event,the recipient may take over the work and compete it by contract or otherwise,and may take possession of and use any materials,appliances,and plant on the work site necessary for completing the work.Contractor and its sureties shall be liable for any damage to the recipient resulting from contractor's refusal or failure to complete the work within specified time,whether or not contractor's right to proceed with the work is terminated.This liability includes any increased costs incurred by the recipient in completing the work. Contractor's right to proceed shall not be terminated nor shall contractor be charged with damages under this clause if: i. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of contractor.Examples of such causes include:acts of God,acts of the recipient,acts of another contractor in the performance of a contract with the recipient,epidemics,quarantine restrictions,strikes, freight embargoes;and ii. Contractor,within 10 days from the beginning of any delay,notifies the recipient in writing of the causes of delay.If in the recipient's judgment,delay is excusable,the time for completing the work shall be extended. The recipient's judgment shall be final and conclusive on the parties,but subject to appeal under the Disputes clauses. If,after termination of contractor's right to proceed,it is determined that contractor was not in default,or that the delay was excusable,the rights and obligations of the parties will be the same as if termination had been issued for the recipient's convenience. iii.Termination for Convenience or Default(Architect&Engineering)the recipient may terminate this contract in whole or in part,for the recipient's convenience or because of contractor's failure to fulfill contract obligations.The recipient shall terminate by delivering to contractor a notice of termination specifying the nature,extent,and effective date of termination.Upon receipt of the notice,contractor shall (1)immediately discontinue all services affected(unless the notice directs otherwise),and (2)deliver to the recipient all data,drawings,specifications,reports,estimates,summaries,and other information and materials accumulated in performing this contract,whether completed or in process.If termination is for the recipient's convenience,it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.If termination is for contractor's failure to fulfill contract obligations,the recipient may complete the work by contact or otherwise and contractor shall be liable for any additional cost incurred by the recipient. If,after termination for failure to fulfill contract obligations,it is determined that contractor was not in default,the rights and obligations of the parties shall be the same as if termination had been issued for the recipient's convenience. j.Termination for Convenience or Default(Cost-Type Contracts)the recipient may terminate this contract,or any portion of it,by serving a notice or termination on contractor.The notice shall state whether termination is for convenience of the recipient or for default of contractor.If termination is for default,the notice shall state the manner in which contractor has failed to perform the requirements of the contract.Contractor shall account for any property in its possession paid for from funds received from the recipient,or property supplied to contractor by the recipient.If termination is for default,the recipient may fix the fee,if the contract provides for a fee,to be paid to contractor in proportion to the value,if any,of work performed up to the time of termination.Contractor shall promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to contractor. If termination is for the recipient's convenience,contractor shall be paid its contract close-out costs,and a fee, if the contract provided for payment of a fee,in proportion to the work performed up to the time of termination. If,after serving a notice of termination for default,the recipient determines that contractor has an excusable reason for not performing,such as strike,fire,flood,events which are not the fault of and are beyond the control of contractor, the recipient,after setting up a new work schedule,may allow contractor to continue work,or treat the termination as a termination for convenience. Government-wide Debarment and Suspension Contracts over$25,000 The Recipient agrees to the following: (1)It will comply with the requirements of 2 C.F.R.part 180,subpart C,as adopted and supplemented by U.S.DOT regulations at 2 C.F.R.part 1200,which include the following: (a)It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S.DOT regulations, "Non-procurement Suspension and Debarment,"2 C.F.R.part 1200,2 U.S.OMB,"Guidelines to Agencies on Government wide Debarment and Suspension(Non-procurement),"2 C.F.R.part 180,including any amendments thereto,and 3 Executive Orders Nos. 12549 and 12689,"Debarment and Suspension,"31 U.S.C. §6101 note, (b)It will review the U.S.GSA"System for Award Management,"https://www.sam.gov,if required by U.S. DOT regulations,2 C.F.R.part 1200,and (c)It will include,and require each of its Third Party Participants to include,a similar provision in each lower tier covered transaction,ensuring that each lower tier Third Party Participant: I Will comply with Federal debarment and suspension requirements,and 2 Reviews the"System for Award Management"at https://www.sam.gov,if necessary to comply with U.S.DOT regulations,2 C.F.R.part 1200,and (2)If the Recipient suspends,debars,or takes any similar action against a Third Party Participant or individual,the Recipient will provide immediate written notice to the: (a)FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b)FTA Project Manager if the Project is administered by an FTA Headquarters Office,or(c)FTA Chief Counsel, Contracts Involving Federal Privacy Act Reauirements ($10,000 or less,except for construction contracts over$2,000) The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with,and assures the compliance of its employees with,the information restrictions and other applicable requirements of the Privacy Act of 1974,5 U.S.C. §552a.Among other things,the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government.The Contractor understands that the requirements of the Privacy Act,including the civil and criminal penalties for violation of that Act,apply to those individuals involved,and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Civil Rithts Reauirements All contracts except micro-purchases($10,000 or less,except for construction contracts over$2,000) The following requirements apply to the underlying contract: The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance,except as the Federal Government determines otherwise in writing. Therefore,unless a Recipient or Program,including an Indian Tribe or the Tribal Transit Program,is specifically exempted from a civil rights statute,FTA requires compliance with that civil rights statute,including compliance with equity in service: a. Nondiscrimination in Federal Public Transportation Programs.The Recipient agrees to,and assures that each Third Party Participant will,comply with Federal transit law,49 U.S.C.§5332(FTA's"Nondiscrimination"statute): (1)FTA's"Nondiscrimination"statute prohibits discrimination on the basis of: (a)Race, (b)Color, (c)Religion, (d)National origin, (e)Sex, (f)Disability, (g)Age,or (h)Gender identity and (2)The FTA"Nondiscrimination"statute's prohibition against discrimination includes: (a)Exclusion from participation, (b)Denial of program benefits,or (c)Discrimination,including discrimination in employment or business opportunity, (3)Except as FTA determines otherwise in writing: (a)General.Follow: 1 The most recent edition of FTA Circular 4702.1,"Title VI Requirements and Guidelines for Federal Transit Administration Recipients,"to the extent consistent with applicable Federal laws, regulations,and guidance,and 2 Other applicable Federal guidance that may be issued,but (b)Exception for the Tribal Transit Program.FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its projects funded under the Tribal Transit Program, b. Nondiscrimination—Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will: (1)Prohibit discrimination based on: (a)Race, (b)Color,or (c)National origin, (2)Comply with: (a)Title VI of the Civil Rights Act of 1964, as amended,42 U.S.C. §2000d et seq., (b)U.S.DOT regulations,"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964,"49 C.F.R.part 21,and (c)Federal transit law,specifically 49 U.S.C. § 5332,as stated in the preceding section a,and (3)Except as FTA determines otherwise in writing,follow: (a)The most recent edition of FTA Circular 4702.1,"Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients,"to the extent consistent with applicable Federal laws,regulations,and guidance. (b)U.S.DOJ,"Guidelines for the enforcement of Title VI,Civil Rights Act of 1964,"28 C.F.R. § 50.3,and (c)Other applicable Federal guidance that may be issued, C. Equal Employment Opportunity. (1)Federal Requirements and Guidance.The Recipient agrees to,and assures that each Third Party Participant will, prohibit discrimination on the basis of race,color,religion,sex,or national origin,and: (a)Comply with Title VII of the Civil Rights Act of 1964,as amended,42 U.S.C.§2000e et seq., (b)Facilitate compliance with Executive Order No. 11246,"Equal Employment Opportunity,"as amended by Executive Order No. 11375,"Amending Executive Order No. 11246,Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note, (c)Comply with Federal transit law,specifically 49 U.S.C. §5332,as stated in section a,and (d)Comply with FTA Circular 4704.1other applicable EEO laws and regulations,as provided in Federal guidance,including laws and regulations prohibiting discrimination on the basis of disability,except as the Federal Government determines otherwise in writing, (2)General.The Recipient agrees to: (a)Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race,2 Color,3 Religion,4 Sex,5 Disability,6 Age,or 7 National P origin, (b)Take affirmative action that includes,but is not limited to: 1 Recruitment advertising,2 Recruitment,3 Employment,4 Rates of pay,5 Other forms of compensation,6 Selection for training,including apprenticeship,7 Upgrading,8 Transfers,9 Demotions, 10 Layoffs,and 11 Terminations,but (c)Indian Tribe.Title VII of the Civil Rights Act of 1964,as amended,exempts Indian Tribes under the definition of"Employer". (3) Equal Employment Opportunity Requirements for Construction Activities.In addition to the foregoing,when undertaking"construction"as recognized by the U.S.Department of Labor(U.S.DOL),the Recipient agrees to comply,and assures the compliance of each Third Party Participant,with: (a)U.S.DOL regulations,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor,"41 C.F.R.chapter 60,and (b)Executive Order No. 11246,"Equal Employment Opportunity,"as amended by Executive Order No. 11375, "Amending Executive Order No. 11246,Relating to Equal Employment Opportunity,"42 U.S.C.§2000e note d. Disadvantaged Business Enterprise.To the extent authorized by applicable Federal law,the Recipient agrees to facilitate,and assures that each Third-Party Participant will facilitate,participation by small business concerns owned and controlled by socially and economically disadvantaged individuals,also referred to as"Disadvantaged Business Enterprises"(DBEs),in the Project as follows: (1)Requirements.The Recipient agrees to comply with: (a)Section 1101 (b)of Map-21,23 U.S.C. § 101 note,U.S.DOT regulations,"Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"49 C.F.R.part 26,and (c)Federal transit law,specifically 49 U.S.C. §5332,as stated in section a, (2)Assurance.As required by 49 C.F.R.§26.13(a), (a)DBE Program Requirements.Recipients receiving planning,capital and/or operating assistance that will award prime third-party contracts exceeding$250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R.part 26,2 Implement a DBE program approved by FTA,and 3 Establish an annual DBE participation goal, (b)Special Requirements for a Transit Vehicle Manufacturer.The Recipient understands and agrees that each transit vehicle manufacturer,as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements,must certify that it has complied with the requirements of 49 C.F.R.part 26, (c)the Recipient provides assurance that:The Recipient shall not discriminate on the basis of race,color,national origin,or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R.part 26.The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts.The Recipient's DBE program,as required by 49 C.F.R.part 26 and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.Upon notification to the Recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under 49 C.F.R.part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986,31 U.S.C. §3801 et seq., (2)Exception for the Tribal Transit Program.FTA exempts Indian tribes from the Disadvantaged Business Enterprise regulations at 49 C.F.R.part 26 under Map-2 l and previous legislation e. Nondiscrimination on the Basis of Sex.The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex,including: (1)Title IX of the Education Amendments of 1972,as amended,20 U.S.C. § 1681 et seq., (2)U.S.DOT regulations,"Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,"49 C.F.R.part 25,and (3)Federal transit law,specifically 49 U.S.C. §5332,as stated in section a f. Nondiscrimination on the Basis of Age.The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age,including: (1)The Age Discrimination in Employment Act(ADEA),29 U.S.C.§§621—634,which prohibits discrimination on the basis of age, (2)U.S.Equal Employment Opportunity Commission(U.S.EEOC)regulations,"Age Discrimination in Employment Act,"29 C.F.R.part 1625,which implements the ADEA, (3)The Age Discrimination Act of 1975,as amended,42 U.S.C. §6101 et seq.,which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4)U.S.Health and Human Services regulations,"Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,"45 C.F.R.part 90,which implements the Age Discrimination Act of 1975, and (5)Federal transit law,specifically 49 U.S.C. § 5332,as stated in section a g. Nondiscrimination on the Basis of Disability.The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: (1)Federal laws,including: (a)Section 504 of the Rehabilitation Act of 1973,as amended,29 U.S.C. §794,which prohibits discrimination on the basis of disability in the administration of federally funded programs or activities, (b)The Americans with Disabilities Act of 1990(ADA),as amended,42 U.S.C. § 12101 et seq.,which requires that accessible facilities and services be made available to individuals with disabilities, 1 General.Titles I,II, and III of the ADA apply to FTA Recipients,but 2 Indian Tribes.While Titles II and III of the ADA apply to Indian Tribes,Title I of the ADA exempts Indian Tribes from the definition of"employer," (c)The Architectural Barriers Act of 1968,as amended,42 U.S.C. §4151 et seq.,which requires that buildings and public accommodations be accessible to individuals with disabilities, (d)Federal transit law,specifically 49 U.S.C. §5332,which now includes disability as a prohibited basis for discrimination,and (e)Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2)Federal regulations, including: (a)U.S.DOT regulations,"Transportation Services for Individuals with Disabilities(ADA),"49 C.F.R.part 37, (b)U.S.DOT regulations,"Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,"49 C.F.R.part 27, (c)U.S.DOT regulations,"Transportation for Individuals with Disabilities:Passenger Vessels,"49 C.F.R. part 39, (d)Joint U.S.Architectural and Transportation Barriers Compliance Board(U.S.ATBCB)and U.S.DOT regulations,"Americans With Disabilities(ADA)Accessibility Specifications for Transportation Vehicles,"36 C.F.R. part 1192 and 49 C.F.R.part 38, (e)U.S.DOJ regulations,"Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 C.F.R.part 35, (f)U.S.DOJ regulations,"Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,"28 C.F.R.part 36, (g)U.S.EEOC,"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.part 1630, (h)U.S.Federal Communications Commission regulations,"Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,"47 C.F.R.part 64,Subpart F, (i)U.S.ATBCB regulations,"Electronic and Information Technology Accessibility Standards,"36 C.F.R. part 1194,and (j)FTA regulations,"Transportation for Elderly and Handicapped Persons,"49 C.F.R.part 609,and (3)Other applicable Federal civil rights and nondiscrimination guidance, h. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections.The Recipient agrees to comply with the confidentiality and civil rights protections of: (1)The Drug Abuse Office and Treatment Act of 1972,as amended,21 U.S.C. § 1101 et seq., (2)The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970,as amended,42 U.S.C. §4541 et seq.,and (3)The Public Health Service Act,as amended,42 U.S.C. §§290dd—290dd-2,Access to Services for People with Limited English Proficiency.Except as the Federal Government determines otherwise in writing,the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: (i.)Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency,"August 11,2000,42 U.S.C. §2000d-1 note,and (ii.)U.S.DOT Notice,"DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency(LEP)Persons,"70 Fed.Reg.74087,December 14,2005 i. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: (1)Comply with other applicable Federal nondiscrimination laws and regulations,and (2)Follow Federal guidance prohibiting discrimination. j. Remedies.Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations. Breaches and Dispute Resolution All contracts over$250,000 Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be decided in writing by the recipient's authorized representative.This decision shall be final and conclusive unless within ten days from the date of receipt of its copy,contractor mails or otherwise furnishes a written appeal to the recipient's CEO.In connection with such appeal,contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position.The decision of the recipient's CEO shall be binding upon contractor and contractor shall abide by the decision.FTA has a vested interest in the settlement of any violation of Federal law including the False Claims Act,31 U.S.C. §3729. Performance During Dispute-Unless otherwise directed by the recipient,contractor shall continue performance under this contract while matters in dispute are being resolved. Claims for Damages-Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees,agents or others for whose acts he is legally liable,a claim for damages therefore shall be made in writing to such other party within ten days after the first observance of such injury or damage. Remedies-Unless this contract provides otherwise,all claims,counterclaims,disputes and other matters in question between the recipient and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree,or in a court of competent jurisdiction within the residing State. Rights and Remedies-Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties,obligations,rights and remedies otherwise imposed or available by law.No action or failure to act by the recipient or contractor shall constitute a waiver of any right or duty afforded any of them under the contract,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. Patent and Rights Data Contracts involving experimental,developmental,or research work($10,000 or less,except for construction contracts over $2,000). Patent Rights A. General.The Recipient agrees that: (1)Depending on the nature of the Project,the Federal Government may acquire patent rights when the Recipient or Third Party Participant produces a patented or patentable: (a)Invention, (b)Improvement,or (c)Discovery, (2)The Federal Government's rights arise when the patent or patentable information is: (a)Conceived under the Project,or (b)Reduced to practice under the Project,and Pr (3)When a patent is issued or patented information becomes available as described in Patent Rights section A(2),the Recipient agrees to: (a)Notify FTA immediately,and (b)Provide a detailed report satisfactory to FTA, B. Federal Rights.The Recipient agrees that: (1)Its rights and responsibilities,and the rights and responsibilities of each Third Party Participant,in that federally funded invention,improvement,or discovery will be determined as provided by applicable Federal laws, regulations,and guidance,including any waiver thereof,and (2)Unless the Federal Government determines otherwise in writing,irrespective of the Recipient's status or the status of any Third Party Participant as a large business,a small business,a State government,a State instrumentality,a local government,an Indian tribe,a nonprofit organization,an institution of higher education,or an individual,the Recipient agrees to transmit the Federal Government's patent rights to FTA as specified in: (a)35 U.S.C. §200 et seq.,and (b)U.S.Department of Commerce regulations,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"37 C.F.R.part 401,and C. License Fees and Royalties.As permitted by 49 C.F.R.parts 18 and 19: (1)License fees and royalties for patents,patent applications,and inventions derived from the Project are program income,and (2)The Recipient has no obligation to the Federal Government with respect to those license fees or royalties, except: (a)For compliance with 35 U.S.C. §200 et seq.,which applies to patent rights developed under a federally funded research-type project,and (b)As FTA determines otherwise in writing. Rights in Data and Copyrights A. Definition of"Subject Data."means recorded information: (1)Copyright.Whether or not copyrighted,and (2)Delivery.That is delivered or specified to be delivered under the Underlying Agreement, B. Examples of"Subject Data."Examples of"subject data": (1)Include,but are not limited to: (a) Computer software, (b) Standards, (c) Specifications, (d)Engineering drawings and associated lists, (e) Process sheets, (f) Manuals, (g)Technical reports, (h)Catalog item identifications,and (1) Related information,but (2)Do not include: (a)Financial reports, (b)Cost analyses,or (c)Other similar information used for Project administration C.General Federal Restrictions.The following restrictions apply to all subject data first produced in the performance of the Recipient's Project supported by the Underlying Agreement: (1)Prohibitions.The Recipient may not: (a)Publish or reproduce any subject data in whole or in part,or in any manner or form,or (b)Permit others to do so,but (2)Exceptions.The prohibitions of Rights in Data and Copyrights C(1)do not apply to: (a)Publications or reproductions for the Recipient's own internal use, (b)An institution of higher learning, (c)The portion of subject data that the Federal Government has previously released or approved for release to the public,or (d)The portion of data that has the Federal Government's prior written consent for release, D. Federal Rights in Data and Copyrights.The Recipient agrees that: (1)License Rights.The Recipient must provide a license to its"subject data"to the Federal Government,which license is: (a)Royalty-free, (b)Non-exclusive,and (c)Irrevocable, (2)Uses.The Federal Government's license must permit the Federal Government to take the following actions provided those actions are taken for Federal Government purposes: (a)Reproduce the subject data, (b)Publish the subject data, (c)Otherwise use the subject data,and (d)Permit other entities or individuals to use the subject data,and k. Special Federal Rights in Data for Research,Development,Demonstration,Deployment,and Special Studies Projects.In general,FTA's purpose in providing Federal funds for a research,development,demonstration, deployment,or special studies Project is to increase transportation knowledge,rather than limit the benefits of the Project to the Recipient and its Third Party Participants,therefore,the Recipient agrees that: (1)Publicly Available Report.When the Project is completed,it must provide a Project report that FTA may publish or make available for publication on the Internet, (2)Other Reports.It must provide other reports pertaining to the Project that FTA may request, (3)Availability of Subject Data.FTA may make available to any FTA Recipient or any of its Third Party Participants at any tier of the Project,either FTA's copyright license to the subject data or a copy of the subject data, except as the Federal Government determines otherwise in writing, (4)Identification of Information.It must identify clearly any specific confidential,privileged,or proprietary information submitted to FTA, (5)Incomplete Project.If the Project is not completed for any reason whatsoever,all data developed under the Project becomes"subject data"and must be delivered as the Federal Government may direct,but (6)Exception.Rights in Data and Copyrights Section E does not apply to an adaptation of automatic data processing equipment or program that is both: (a)For the Recipient's use,and (b)Acquired with FTA capital program funding 1. License Fees and Royalties.As permitted by 49 C.F.R.parts 18 and 19: (1)License fees and royalties for copyrighted material or trademarks derived from Project are program income,and (2)The Recipient has no obligation to the Federal Government with respect to those license fees or royalties, except: (a)For compliance with 35 U.S.C.§200 et seq.,which applies to patent rights developed under a federally funded research-type project,and (b)As FTA determines otherwise in writing M.Hold Harmless.Upon request by the Federal Government,the Recipient agrees that: (1)Violation by Recipient. (a)If it willfully or intentionally violates any: 1 Proprietary rights,2 Copyrights,or 3 Right of privacy,and (b)Its violation occurs from any of the following uses of Project data: 1 Publication,2 Translation,3 Reproduction,4 Delivery,5 Use,or 6 Disposition,then (c)It will indemnify,save,and hold harmless against any liability,including costs and expenses of: (1)The Federal Government's officers acting within the scope of their official duties,2 The Federal Government's employees acting within the scope of their official duties,and 3 Federal Government's agents acting within the scope of their official duties,but (2)Exceptions.The Recipient will not be required to indemnify the Federal Government for any liability described in Rights in Data and Copyrights section G(1)if: (a)Violation by Federal Officers,Employees or Agents.The violation is caused by the wrongful acts of Federal employees or agents,or (b)State law.If indemnification is prohibited or limited by applicable State law, n. Restrictions on Access to Patent Rights.Nothing in this Rights in Data and Copyrights section pertaining to rights in data either: (1)Implies a license to the Federal Government under any patent,or (2)May be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent, 0.Data Developed Without Federal Funding or Support.The Recipient understands and agrees that in certain circumstances it may need to provide data developed without any Federal funding or support to FTA.Nevertheless: (1)Protections.Rights in Data and Copyrights Sections A,B,C,and D generally do not apply to data developed without Federal funding,even though that data may have been used in connection with the Project,and (2)Identification of Information.The Recipient understands and agrees that the Federal Government will not be able to protect data developed without Federal funding from unauthorized disclosure unless that data is clearly marked"Proprietary"or"Confidential,"and p.Requirements to Release Data.The Recipient understands and agrees that the Federal Government may be required to release Project data and information the Recipient submits to the Federal Government as required by: (1)The Freedom of Information Act,5 U.S.C.§552, (2)Another applicable Federal law requiring access to Project records,(3)U.S.DOT regulations,"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit Organizations,"specifically 49 C.F.R. § 19.36(d),or (3)Other applicable Federal regulations and guidance pertaining to access to Project records. Transit Employee Protective Provisions ($10,000 or less,except for construction contracts over$2,000) The Recipient agrees that 49 U.S.C.§5333(b)requires employee protective arrangements to be in place as a condition of award of FTA assistance made available or appropriated for FTA programs involving public transportation operations.U.S.DOL recognizes the following categories of arrangements: (1)U.S.DOL Certification.When its Project involves public transportation operations and is financed with funding made available or appropriated for 49 U.S.C. §§5307,5309,5312,5337,or 5339,as amended by Map-21,or former 49 U.S.C. §§ 5308,5309,5312,or other provisions of law as required by the Federal Government,U.S.DOL must provide a Certification of employee protective arrangements before FTA may provide financial assistance for the Project.Therefore,the Recipient understands and agrees,and assures that any Third Party Participant providing public transportation operations will agree,that: (a)It must carry out the Project as provided in its U.S.DOL Certification,which contains the terms and conditions that U.S.DOL has determined to be fair and equitable to protect the interests of any employees affected by the Project, (b)It must comply with 49 U.S.C. § 5333(b),and any future amendments thereto, (c)It will follow the U.S.DOL guidelines,"Guidelines,Section 5333(b),Federal Transit Law,"29 C.F.R.part 215,except as U.S.DOL determines otherwise in writing, (d)It must comply with the terms and conditions of the U.S.DOL certification of public transportation employee protective arrangements for the Project,which certification is dated as identified on the Underlying Agreement,including: 1 Alternative comparable arrangements U.S.DOL has specified for the Project,2 Any revisions U.S.DOL has specified for the Project,or 3 Both,and (e)It must comply with the following documents and provisions incorporated by reference in and made part of the Underlying Agreement for the Project: 1 The U.S.DOL certification of public transportation employee protective arrangements for the Project,which certification is dated as identified on the Underlying Agreement,2 The documents cited in that U.S.DOL certification for the Project,3 Any alternative comparable arrangements that U.S.DOL has specified for the Project,and 4 Any revisions that U.S.DOL has specified for the Project (2)Special Warranty.When its Project involves public transportation operations,and is financed with funding made available or appropriated for 49 U.S.C. § 5311,as amended by Map-21,for former 49 U.S.C. § 5311 in effect in FY 2012,or a previous fiscal year,or for section 3038 of TEA-21,as amended by section 3039 of SAFETEA-LU, U.S.DOL will provide a Special Warranty for those projects,including projects under the Tribal Transit Program. Therefore,the Recipient understands and agrees,and assures that any Third Party Participant providing public transportation operations will agree,that: (a)It must comply with Federal transit laws,specifically 49 U.S.C. §5333(b), (b)Follow the U.S.DOL guidelines,"Guidelines,Section 5333(b),Federal Transit Law,"29 C.F.R. part 215,except as U.S.DOL determines otherwise in writing, (c)It will comply with the U.S.DOL Special Warranty for its Project that is most current on the date when it executed the Underlying Agreement,and documents cited therein,including: 1 Any alternative comparable arrangements U.S.DOL has specified for the Project,2 Any revisions U.S.DOL has specified for the Project,or 3 Both,and (d)It will comply with the following documents and provisions incorporated by reference in and made part of the Underlying Agreement: 1 The U.S.DOL Special Warranty for its Project,2 Documents cited in that Special Warranty,3 Alternative comparable arrangements U.S.DOL specifies for the Project,and 4 Any revisions that U.S.DOL has specified for the Project,and (3)Special Arrangements for 49 U.S.C. § 5310 Projects.The Recipient understands and agrees,and assures that any Third Party Participant providing public transportation operations will agree,that although pursuant to 49 U.S.C. §5310,and former 49 U.S.C. §§ 5310 or 5317,FTA has determined that it was not"necessary or appropriate" to apply the conditions of 49 U.S.C. § 5333(b)to Subrecipients participating in the program to provide public transportation for seniors(elderly individuals)and individuals with disabilities,FTA reserves the right to make the following exceptions: (a)FTA will make case-by-case determinations of the applicability of 49 U.S.C. §5333(b)for all transfers of funding authorized under title 23,United States Code(flex funds),and (b)FTA reserves the right to make other exceptions as it deems appropriate. Disadvantaged Business Enterprise(DBE) Contracts over$10,000 awarded on the basis of a bid or proposal offering to use DBEs a. This contract is subject to the requirements of Title 49,Code of Federal Regulations,Part 26,Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.The national goal for participation of Disadvantaged Business Enterprises(DBE)is 10%.The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement,it is listed elsewhere. b. The contractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract.Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate.Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph(see 49 CFR 26.13(b)). c. If a separate contract goal has been established,Bidders/offerors are required to document sufficient DBE participation to meet these goals or,alternatively,document adequate good faith efforts to do so,as provided for in 49 CFR 26.53. d. If no separate contract goal has been established,the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition,the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work,and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work.The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Prompt Payment ($10,000 or less,except for construction contracts over$2,000) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the Recipient.The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Recipient.This clause applies to both DBE and non-DBE subcontracts. Incorporation of Federal Transit Administration (FTA)Terms ($10,000 or less,except for construction contracts over$2,000) The preceding provisions include,in part,certain Standard Terms&Conditions required by USDOT,whether or not expressly stated in the preceding contract provisions.All USDOT-required contractual provisions,as stated in FTA Circular 4220.1F,are hereby incorporated by reference.Anything to the contrary herein notwithstanding,all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.The contractor shall not perform any act,fail to perform any act,or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Drug&Alcohol Abuse and Testing Operational service contracts except micro-purchases($10,000 or less,except for construction contracts over$2,000) The Contractor agrees to comply with the following Federal substance abuse regulations: a.Drug-Free Workplace. U.S.DOT regulations,"Drug-Free Workplace Requirements(Grants), "49 C.F.R.Part 32,that implements the Drug- Free Workplace Act of 1988 as amended,41 U.S.C. §§ 8103 et seq.,and 2 CFR part 182,b.Alcohol Misuse and Prohibited Drug Use.FTA Regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,"49 USC 5331,as amended by Map- 21,49 CFR part 40,49 USC chapter 53,49 CFR Part 655,to the extent applicable. Prohibition Against Exclusionary or Discriminatory Snecifications Apart from inconsistent requirements imposed by Federal statute or regulations,the contractor shall comply with the requirements of 49 USC 5323(h)(2)by refraining from using any FTA assistance to support procurements using exclusionary or discriminatory specifications. Conformance with ITS National Architecturq Contractor shall conform,to the extent applicable,to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c),23 U.S.C.Section 512 note and follow the provisions of FTA Notice, "FTA National Architecture Policy on Transit Projects,"66 Fed.Reg.1455 etseq.,January 8,2001,and any other implementing directives FTA may issue at a later date,except to the extent FTA determines otherwise in writing. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d),stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec.504 of the Rehabilitation Act(1973),as amended,29 USC 794,which prohibits discrimination on the basis of handicaps,and the Americans with Disabilities Act of 1990(ADA),as amended,42 USC 12101 et seq.,which requires that accessible facilities and services be made available to persons with disabilities,including any subsequent amendments thereto. Compliance With Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions:All USDOT-required contractual provisions,as set forth in FTA Circular 4220.1 F,are incorporated by reference.Anything to the contrary herein notwithstanding,FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act,fail to perform any act,or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions.Contractor shall comply with all applicable FTA regulations,policies,procedures and directives,including,without limitation,those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA,as may be amended or promulgated from time to time during the term of this contract.Contractor's failure to so comply shall constitute a material breach of this contract. Veterans Preferences As provided by 49 U.S.C.§5325(k),to the extent practicable,the Recipient agrees and assures that each of its Subrecipients: (1) Will give a hiring preference to veterans,as defined in 5 U.S.C. § 2108,who have the skills and abilities required to perform construction work required under a third party contract in connection with a Capital Project supported with federal assistance appropriated or made available for 49 U.S.C.chapter 53,and (2) Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority,female,an individual with a disability,or a former employee. safe Oneration of Motor Vehicles. a. Seat Belt Use.The Recipient agrees to implement Executive Order No. 13043,"Increasing Seat Belt Use in the United States,"April 16, 1997,23 U.S.C. §402 note,(62 Fed.Reg. 19217),by: (1)Adopting and promoting on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles,company-rented vehicles,or personally operated vehicles,and (2)Including a"Seat Belt Use"provision in each third party agreement related to the Award. b. Distracted Driving,Including Text Messaging While Driving.The Recipient agrees to comply with: 1. Executive Order No. 13513,"Federal Leadership on Reducing Text Messaging While Driving,"October 1, 2009,23 U.S.C. §402 note,(74 Fed.Reg.51225), 2. U.S.DOT Order 3902.10,"Text Messaging While Driving,"December 30,2009,and 3. The following U.S.DOT Special Provision pertaining to Distracted Driving: (a) Safety.The Recipient agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers,including policies to ban text messaging while using an electronic device supplied by an employer,and driving a vehicle the driver owns or rents,a vehicle Recipient owns,leases,or rents,or a privately- owned vehicle when on official business in connection with the Award,or when performing any work for or on behalf of the Award, (b) Recipient Size.The Recipient agrees to conduct workplace safety initiatives in a manner commensurate with its size,such as establishing new rules and programs to prohibit text messaging while driving,re-evaluating the existing programs to prohibit text messaging while driving,and providing education,awareness,and other outreach to employees about the safety risks associated with texting while driving,and (C) Extension of Provision.The Recipient agrees to include the preceding Special Provision of section 34.b(3)(a) —(b)of this Master Agreement in its third party agreements,and encourage its Third Party Participants to comply with this Special Provision,and include this Special Provision in each third party subagreement at each tier supported with federal assistance. THURMAN BILL BARITE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW HI KENNETH MARKS VAL TIZENO CHARLOTTE MOSES r1 r 1 r t It u r CITY ATTORNEY DONALD FRANK,SR. Texas APRIL 5, 2023 INVITATION TO BID TRANSIT BUS PAD PROJECT ROUND 1 DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 3, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, May 3, 2023 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. MARK ENVELOPE:P23-042 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 should be directed in writing to: City of Port Arthur,TX Yolanda Goudeaux Purchasing Assistant P.O. Box 1089 Port Arthur,TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Cieo 'gala t Clifton Williams,CPPB Purchasing Manager NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Port Arthur Transit Bus Pad Project Round 1 on April 20, 2023 at 2:00 pm at Transit Admin Building, 344 Proctor Street, Port Arthur, Texas The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction.No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s)to clarify the intent of the Contract Documents. INVITATION TO BID TRANSIT BUS PAD PROJECT ROUND 1 (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: I Table of Contents RETURN SECTION TITLE WITH BID A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS • GENERAL INFORMATION • FEDERAL CLAUSES D. SPECIFICATION E. BID PROPOSAL YES F. BID BOND YES G. CONFLICT OF INTEREST(IF NO CONFLICT WRITE NA ON YES LINE 1 AND SIGN/DATE LINE 7) H. PAYMENT BOND I. INSURANCE J. PERFORMANCE BOND K. HOUSE BILL 89 VERIFICATION YES L. NON-COLLUSION AFFIDAVIT YES M. AFFIDAVIT PAGE YES N. SB 252 YES O. WAIVER AND INDEMNIFICATION YES P. DBE DOCUMENT YES Q. CERTIFICATE OF SUBSTANTIAL COMPLETION R. LIST OF SUBCONTRACTORS S. STATUTORY LIEN WAIVER FORMS APPLICATION T. AND CERTIFICATE FOR PAYMENT CHILD SUPPORT U. CERTIFICATION FORM V. BID PROTEST SECTION A CONTRACT FOR TRANSIT BUS PAD PROJECT ROUND 1 THIS AGREEMENT,made this day of , 2023,by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,and a(n)Corporation herein after called"CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein,OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be days after the start date on Notice to Proceed. 2. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts stated in bid document. 4. The term"Contract Documents"means and includes the following: A. Agreement B. Invitation to Bid C. General Information D. Specification E. Bid F. Bid Bond G. Insurance H. Notice of Award I. Notice to Proceed J. Federal Forms 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in(2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of , 2023. Page 1 of 2 CITY OF PORT ARTHUR BY: Ron Burton, City Manager ATTEST: Sherri Bellard,City Secretary Signed on the day of , 2023. CONTRACTOR BY: PRINT NAME: TITLE: WITNESS: I PRINT NAME: I I I Page 2 of 2 SECTION B 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, May 2, 2023 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, May 2, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: TRANSIT BUS PAD PROJECT ROUND 1 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. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, APRIL 20, 2023 AT 2:00 P.M. AT TRANSIT ADMIN BUIDING, 344 PROCTOR STREET, PORT ARTHUR,TX 77640 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. Cliftdn Williams Purchasing Manager FIRST PUBLICATION: April 12,2023 SECOND PUBLICATION: April 19,2023 SECTION C GENERAL INFORMATION: Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Most Responsive Bid in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid,guaranteeing authenticity. WITHDRAWAL OF BID: The bidder may withdraw its bid by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The bidder may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and fmancial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this ITB, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PRICES: The bidder should show in the bid both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials,machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability,performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin,be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified,Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15)days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF BIDS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Bidder has notified the City, in writing, that the Bidl Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. AMBIGUITY: Any ambiguity in the Bid Document as a result of omission, error, lack of clarity or non-compliance by the Bidder with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Bidder's ability to meet the minimum standards required by this ITB. CHANGE ORDER (a) The Contracting Officer may at any time, and without notice to the sureties, if any, by a written order, make changes within the general scope of this contract in any one or more of the following: (is) drawings, designs, or specifications; (ii) extending term of contract; and (iii) equitable adjustment in price/time of performance. If any such change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by the order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. (b) Any notice of intent to assert a claim for adjustment under this clause must be asserted by the Contractor within 30 days from the date of receipt of the Contracting Officer's written order; provided, however, that later notice shall not bar the Contractor's claim if the Contractor can demonstrate that PAT was not prejudiced by the delay in notification. In no event shall any claim be asserted after final payment. Form PP.-130 Consolidated Certification Form (Rev 4119) Page 1 of 11 I. GENERAL: The undersigned vendor certifies to abide by these clauses and include the following clauses in each subcontract financed in whole or in part with Federal Transit Administration (FTA) funds. Vendors are certifying by reference the entire list of FTA's current fiscal year Certifications and Assurances(for fiscal year. 2021 ),and shall download the same at: https://www.trap sit.dot.gov/funding/grantee-resources/certifications-and-assurancesicertifications-assurances A. Access to Third Party Contract Records(ALL) As required by 49 U.S.C. § 5325(g). The VENDOR agrees provide sufficient access to records as needed to assure proper project management and compliance with Federal laws and regulations. B. Interest of Members of or Delegates to Congress(ALL) The vendor certifies that no member of or delegate to the Congress of the United States(US)shall be admitted to any share or part of this contract or to any benefit arising therefrom. C. Prohibited Interest(ALL) The vendor certifies that no member,officer or employee of the Public Body or of a local public body during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. D. Cargo Preference-Use of United States-Flag Vessels(property transported on ocean vessels) The vendor agrees: a. to use privately owned US -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment,material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the US or within 30 working days following the date of loading for shipments originating outside the US, a legible copy of a rated. "on-board" commercial ocean bill-of-lading in English for each shipment of cargo to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient(through the contractor in the case of a subcontractor's bill-of-lading). E. Energy Conservation(ALL) The vendor agrees to comply with mandatory standards and policies relating to energy efficiency,which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. F. No Obligation by the Federal Government.(ALL) The Purchaser and vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract). G. Program Fraud and False or Fraudulent Statements or Related Acts(ALL) The vendor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S. C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31, apply to its actions pertaining to this project. The vendor certifies truthfulness and accuracy of any statement it makes pertaining to the FTA-assisted project.The vendor acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim,statement, submission or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 as deemed appropriate. The vendor acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement submission, or certification to the Federal Government relating to the FTA-assisted project, per 49 U.S.C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(nX1)on the Contractor,as deemed appropriate. H. Contract Work Hours(all over 100K) (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such taborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Form PTN-130(Rev.4,191 Page 2 of 11 (2)Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section, the contractor & any subcontractor responsible therefore shall be liable for unpaid wages and shall be liable to the United States for liquidated damages which shall be computed for each individual laborer, mechanic, watchman or guard employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day that an individual was required / permitted to work over 40 hours in a workweek without payment of overtime wages required by the clause in paragraph(1)of this section. (3)Withholding for unpaid wages and liquidated damages -The purchaser shall upon its own action or upon written request of the Department of Labor(DOL)withhold or cause to be withheld, from any money payable for work performed by the contractor or subcontractor under any contract or other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as set-forth in paragraph(2)of this section. (4) Subcontracts-The contractor or subcontractor shall include the clauses set forth in this section and require the same from subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these clauses. (5)Payrolls and basic records-Payrolls and related basic records shall be maintained by the contractor during the course of the work and preserved for three years thereafter for all laborers and mechanics working at the work site (or under the United States Housing Act of 1937 or the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address and social security number of each worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(bX2)(B)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1 Xiv)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(bX2XB) of the Davis-Bacon Act, the contractor shall maintain records showing that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and records of the costs anticipated or actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of registration of apprenticeship programs, certification of trainee programs, registration of the apprentices and trainees, and ratios&wage rates prescribed in applicable programs. I. Civil Rights(over 10K) (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act (CRA), as amended, 42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. §12132, and Federal transit law at 49 U.S.C. §5332, the vendor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the vendor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity-The following equal employment opportunity requirements apply: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VI of the CRA, as amended, 42 U.S.C. §2000e, and Federal transit laws at 49 U.S.C. §5332, the vendor agrees to comply with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, DOL,"41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity,"as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note), and with any applicable Federal statutes, executive orders, regulations and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The vendor agrees to take affirmative action to ensure that applicants are employed & treated during employment without regard to their race, color, creed, national origin, sex or age. Action shall include but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to comply with any implementing requirements FTA may issue. (b)Age-in accordance with section 4 of the Age Discrimination in Employment Act of 1967(29 U.S.C. §§623 and 49 U.S.C. §5332), the vendor agrees to refrain from discrimination against present and prospective employees for reason of age.and comply with any implementing requirements FTA may issue. Form PIN-130(Rev.409) Page 3 of 11 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act (42 U.S.C. §12112), the contractor agrees to comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. and to comply with any implementing requirements FTA may issue. J. Incorporation of Federal Transit Administration(FTA)Terms(ALL) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA circular 4220.1 F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any transit agency requests which would cause the transit agency to violate FTA terms and conditions. K. Application of Federal. State.&Local Laws.Regulations,&Directives(Federal Changes)(ALL) The VENDOR agrees that Federal laws and regulations control project award and implementation. The VENDOR understands and agrees that unless the recipient requests FTA approval in writing, the VENDOR may incur a violation of Federal laws or regulations or this agreement if it implements an alternative procedure or course of action not approved by FTA.The VENDOR understands and agrees that Federal laws, regulations, and directives applicable on the date on which Federal assistance is awarded may be modified from time to time. In particular, new Federal laws, regulations, and directives may become effective after the date the project agreement is effective, and might apply to that project agreement. The VENDOR agrees that the most recent versions of such Federal laws,regulations, and directives will apply to the administration of the project at any particular time. L. Right of the State Government to Terminate(ALL) Upon written notice, the VENDOR agrees that the State Government may suspend or terminate all or any part of State assistance if terms of the project agreement are violated, if the State Government determines that the purposes of the laws authorizing the Project would not be adequately served by the continuation of State assistance for the Project., if reasonable progress on the Project is not made, if there is a violation of the project agreement that endangers substantial performance of the Project, or if the State Government determines that State assistance has been willfully misused by failing to make appropriate use of Project property. Termination of State assistance for the Project will not typically invalidate obligations properly incurred before the termination date to the extent those obligations cannot be canceled_The State Government reserves the right to require the refund of the entire amount of State assistance provided for the Project or a lesser amount. M. Disputes,Breaches. Defaults, or Other Litigation(over 150K) The VENDOR agrees that FTA has a vested interest in the settlement of any dispute, breach,default, or litigation involving the Project.Accordingly: a. Notification to FTA. The VENDOR is aware that recipients of Federal assistance must notify FTA in writing of any current or prospective major dispute, breach, default, or litigation that may affect the Federal Government's interests in the Project or the administration or enforcement of Federal laws or regulations. If the Federal Government is to be named as a party to litigation for any reason, in any forum, the appropriate FTA Regional Counsel is to be notified in writing before doing so. b. Federal Interest in Recovery. The VENDOR is aware that the Federal Government retains the right to a proportionate share, based on the percentage of the Federal share awarded for the Project, of proceeds derived from any third party recovery. C. Enforcement. The VENDOR agrees to pursue its legal rights and remedies available under any third party contract or available under law or regulations. d. FTA Concurrence. The VENDOR is aware that FTA reserves the right to concur in any compromise or settlement of any claim involving the Project. e. Alternative Dispute Resolution. The VENDOR is aware that FTA encourages the use of alternative dispute resolution procedures,as may be appropriate. f. Agency Process. Transit agency enters dispute resolution process here. Form PTN•130(Rev.4119) Page 4 of 11 N. Fly America(foreign air transport or travel) The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America"Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S.flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. O. Recycled Products(all products) The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. P. Access for Individuals with Disabilities(ALL) The VENDOR agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The VENDOR also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973. as amended,with 29 U.S. C. § 794,which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended,42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the VENDOR agrees to comply with applicable implementing Federal regulations any later amendments thereto, and agrees to follow applicable Federal directives except to the extent FTA approves otherwise in writing. Among those regulations and directives are: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,"36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4)U.S. DOJ regulations,"Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 C.F.R. Part 35; (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; (7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; (9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; (10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing. Form PTN-130(Rev,4;19; Page 5 of 11 Q. Debarment and Suspension(over 25K) The vendor hereby certifies that it and its principals have not presently or within a three year period been debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal agency; and the vendor hereby certifies that it and its principals have not presently or within a three-year period been convicted of or had a civil judgment rendered against them for the commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, state or local) transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. R. Clean Water&Air(over 150K) The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§7401 et seq. The vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to the FTA and the EPA. S. Non-Lobbying(over 150K) The undersigned certifies to the best of his or her knowledge and belief that: 1)No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence any officer or employee of an agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any federal contract,grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, USC. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. T. Lobbying and Disclosure Certification Name of Company Printed Name of Person Completing Form Greenscapes Six,LLC Mike Archer Date Signature 5/3/23 i t Avrk1/ 4 Form PTN-130(Rev.4119) Page 6 of 11 U. CERTIFICATION TO PURCHASER: A. The undersigned vendor certifies that the manufactured good(s)furnished will meet or exceed the specifications, and/or that services rendered will comply with the terms of the solicitation or contract. B. The undersigned vendor certifies that it has read all of the bid, proposal,or contract documents and agrees to abide by the terms,certifications, and conditions thereof. Name of Company Address 7020 FM 3180 Baytown,TX 77523 Greenscapes Six,LLC Printed Name of Person Completing Form Mike Archer Telephone Signature 713-501-7456 Date SS#or Tax ID# 5/3/23 61-1762895 Description of Commodity or Service Construction Disadvantaged Business Enterprise Information Type of Organization(circle) ❑ Sole Proprietorship ❑ General Proprietorship Is your firm a DBE? ❑(yes) ® (no) ❑ Corporation ❑ Limited Partnership If yes,what type? ❑ Limited Proprietorship Limited Liability Company V. Disadvantaged Business Enterprises(DBE)Certification(Transit Vehicle Manufacturer or TVM) The vendor will provide products compliant with 49 CFR 26.49 regarding the vehicle manufacturer's overall DBE goal. Name of manufacturer of vehicle(s)to be delivered: N/A W. Disadvantage Business Enterprise(DBE)Race-Neutral Required Clauses(Non-NM): The DBE rules set forth in 49 CFR Part 26 apply to all contracts funded in whole or in part with Federal DOT funds. Contracts and subcontracts must contain the clauses listed in 49 CFR 26.13 and 49 CFR 26.29. Sub-recipients with contracts that contain a DBE goal must coordinate with their PTC in order to ensure solicitations and contracts comply with DBE requirements. 49 CFR 26.13—What assurances must recipients and contractors make? Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor,sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate,which may include,but is not limited to: (1)Withholding monthly progress payments; (2)Assessing sanctions; (3)Liquidated damages; and/or (4)Disqualifying the contractor from future bidding as non-responsible.' 49 CFR 26.29—What Prompt Payment Mechanisms Must Recipients Have? Grantees must establish a contract clause requiring prime contractors to pay subcontractors for satisfactory performance no later than 30 days from receipt of each payment the grantee makes to the prime contractor. This clause must require the prompt return of retainage payments from the prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. For more information on these please review 49 CFR 26.29 and the FTA Best Practice Procurement Manual Form PTN-130(Rev.4119) Page 7 of 11 X. Altoona Test Certification (for rolling stock purchases)(Check one of the following): N/A EThe vehicle has been Altoona tested, report number: The vehicle is exempt from testing IAW 49 CFR 665. ❑The vehicle is currently being tested at Altoona. Funds will not be released until the purchasing agency gets a copy of the Altoona test report, as appropriate, per 49 CFR 665. Y. Federal Motor Vehicle Safety Standards(FMVSS)Certification(for rolling stock purchases) Any vehicles provided by the vendor will comply with all applicable FMVSS. The vendor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. FMVSS Certification Name of Company Printed Name of Person Completing Form Greenscapes Six,LLC Mike Archer Date Signature ,,71("'5/3/23 �(/ '' Z. Buy America (Check where applicable):(over$150K rolling stock, construction, materials) ® The vendor or offeror hereby certifies it will comply with the requirements of 49 USC 5323(j)and the applicable regulations in 49 CFR 661,providing Buy America compliant manufactured goods or rolling stock. ❑ The vendor or offeror cannot comply with the requirements 49 USC 5323(j), but may qualify for an exception to the requirement pursuant to the regulations in 49 CFR 661. Buy America Certification Name of Company Printed Name of Person Completing Form Greenscapes Six,LLC Mike Archer Date Signature 5/3/23 47i/i4 II. SPECIAL PROJECT TYPE PROVISIONS-the following addenda are attached and endorsed as appropriate: A. Construction or Architectural&Engineering Projects IZ B. Transit Operations or Management Projects El C. Intelligent Transportation System or Research&Development Form PTN•130 (Rev.4119) Addendum B `. Consolidated Certification Form Page 1 of 2 Addendum B -Transit Operations or Management Projects I.Transit Employee Protective Arrangements (a)General Transit Employee Protective Requirements- To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. 5333(b),and U.S.DOL guidelines at 29 C.F.R. Part 215,and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1),however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. §5310(aX2), or for projects for nonurbanized areas authorized by 49 U.S.C. §5311. Alternate provisions for those projects are set forth in subsections(b)and(c)of this clause. lb) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§5310(aX2)for Elderly Individuals and Individuals with Disabilities- If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5310(aX2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. §5333(b)are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract,the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C.§5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215,and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S.DOL letter. (c)Transit Employee Protective Reauirements for Projects Authorized by 49 U.S.C.§5311 in Nonurbanized Areas- If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. II. Charter Service Operations The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. Ill. School Bus Operations Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions.When operating exclusive school bus service under an allowable exemption,recipients and subrecipients may not use federally funded equipment,vehicles,or facilities. Form PTN-130 (Rev.44I 9? Addendum B Page 2 of 2 IV. Drug&Alcohol Misuse and Testing Alternate certifications are available in the Best Practices Procurement Manual. Contractors must consult with the transit agency prior to making an alternate certification. htto:ilwww.fta.dot.gov;furdingithirdDartyprocurementibopm;grants financing 6195.html#BM31 "Option#2 Provisions" -The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of(name of State), or the(insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process. The contractor agrees further to certify annually its compliance with Part 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the"Substance Abuse Certifications"in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Transit Operations or Management Project Certification Name of Company Printed Name of Person Completing Form Greenscapes Six,LLC Mike Archer Date Signature/ ✓ � 5/3/23 T1 Form PTN-130 (Rev.4119) Addendum C Consolidated Certification Form Page 1 of 2 Addendum C - Planning, Research & Development, jor or ITS Projects A.Rights in Data- The following requirements apply to each contract involving experimental,developmental or research work: (1)The term "subject data"used in this clause means recorded information,whether or not copyrighted, that is delivered or specified to be delivered under the contract.The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape,or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to:computer software,engineering drawings and associated lists, specifications,standards,process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data"does not include financial reports, cost analyses,and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so,without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. §18.34 and 49 C.F.R. §19.36, the Federal Government reserves a royalty-free, non- exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes,"any subject data or copyright described in subsections(2)(b)1 and (2Xb)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1.Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c)When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public,either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work,which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a)of this clause and shall be delivered as the Federal Government may direct. This subsection(c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify,save, and hold harmless the Federal Government, its officers, agents,and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee,official,or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections(b),(c), and(d)of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. Form PTN-130 (Rev.4(19) Addendum C Page 2 of 2 (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental,or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B.Patent Rights- The following requirements apply to each contract involving experimental.developmental,or research work: (1)General - If any invention, improvement,or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2)Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status(a large business. small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual),the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"37 C.F.R.Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental,or research work financed in whole or in part with Federal assistance provided by FTA. C.National Intelligent Transportation Systems Architecture and Standards- To the extent applicable, the Recipient agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §5307(c), 23 U.S.C. §512 note, and follow the provisions of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects,' 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date,except to the extent FTA determines otherwise in writing. Planning, Research&Development, ITS Project Certification Name of Company Printed Name of Person Completing Form Greenscapes Six,LLC Mike Archer Date Signature 5/3/23 �"'� SECTION D TRANSIT BUS PAD PROJECT ROUND 1 SPECIFICATIONS Please review drawing for specifications SECTION E CITY OF PORT ARTHUR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 1 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 1 1 LS. MOBILIZATIONS(LIMIT TO 5%OF BID) @ Seven thousand dollars $ 7, 000.00 $ 7, 000.00 Lump Sum 2 9283 S.F. DEMO EXISTING CONCRETE AND DISPOSE (INCLUDES RAMPS, FLARES,SIDEWALKS, CURBS,ETC),COMPLETE IN PLACE @ Three dollars $ 3.00 $ 27, 849.00 Per Square Foot 3 4107 S.F. CONCRETE BUS PADS(CLASS P)(6"),COMPLETE IN PLACE @ Ten dollars $ 10.00 $ 41, 070 .00 Per Square Foot 4 2259 S.F. CONCRETE SIDEWALK,COMPLETE IN PLACE @ Nine dollars $ 9.00 $ 20, 331. 00 Per Square Foot 5 1919 S.F. CONCRETE RAMPS(INCLUDES RAMPS,FLARES, &RAMP CURBS,COMPLETE IN PLACE @ Ten dollars $10.00 $ 19, 190.00 Per Square Foot Page 4 CITY OF PORT ARTHUR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 1 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 6 636 LF. CONCRETE CURB(NOT INCLUDING RAMP CURB),COMPLETE IN PLACE @ Twenty five dollars $2 5.0 0 $ 15, 900. 00 Per Linear Foot 7 1309 S.F. CONCRETE SIDEWALK THROUGH COMMERCIAL DRIVE,COMPLETE IN PLACE @ Nine dollars $ 9. 00 $ 11, 781.00 Per Square Foot 8 410 S.F. CONCRETE DRIVE,COMPLETE IN PLACE $11.00 $ 4, 510. 00 Per Square Foot 9 566 S.F CONCRETE LANDING,COMPLETE IN PLACE @ Ten dollars $10.0 0 $ 5, 660. 00 Per Square Foot TOTAL AMOUNT OF BASE BID $ 153,291.00 One hundred fifty three thousand,two hundred and ninety one dollars (TOTAL AMOUNT BASE BID WRITTEN IN WORDS) Page 5 SECTION F W/4 :_= Document A310rim - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Greenscapes Six,LLC of business) 7020 FM 3180 Road Markel Insurance Company ADDITIONS AND DELETIONS: Baytown,Texas 77523 9500 Arboretum Boulevard,Suite 400 The author of this document has Austin,Texas 78759 added information needed for its OWNER: have The author may also have revised the text of the original (Name,legal status and address) AIA standard form.An Additions and City of Port Arthur,Texas Deletions Report that notes added 444 4th Street information as well as revisions to the Port Arthur,Texas 77640 standard form text is available from BOND AMOUNT:S 5%G.A.B. (Five Percent of Greatest Amount Bid) the author and should be reviewed.A vertical line in the left margin of this PROJECT: Transit Bus Pad Project Round 1 document indicates where the author acme. location or address, and Project number, if any) has added necessary information for the City of Port Arthur,Texas and where the author has added to or deleted from the original AIA text This document has important legal consequences. Consultation with an The Contractor and Surety are bound to the Owner in the amount set forth above,for the attorney is encouraged with respect payment of which the Contractor and Surety bind themselves,their heirs,executors, to its completion or modification_ administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within Any singular reference to Contractor. the time specified in the bid documents,or within such time period as may be agreed to by Surety.Owner or other party shall be the Owner and Contractor,and the Contractor either(I)enters into a contract with the considered plural where applicable. Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or(2)pays to the Owner the difference,not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project.any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished.the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. In it AIA Document A310TM—2010.Copyright®1963.1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA' Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:55:14 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013.and is not for resale. User Notes: (1177639241) Signed and sealed this 3rd day of May,2023. Greenscanes Six,LLC ) ,,7f ! r ,: Principal) (Seal) (Witness) (Title) Markel Insurance Company (Surety (Seer)) Ak, (Witness) (Title) Donna Weine,A mey-in-Fact AIA Document A3107"—2010.Copyright 1963.1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Init is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it, 2 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at 14:55:14 on 01 11 0/201 3 under Order No.687 147 50 21_1 which expires on 1212712013.and is not for resale. User Notes: (1177639241) P0A# 4221124 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Mark Smith, G. C. Blystone Jr., Donna Weinel,Jennifer Mitchell, Bryan Burkhart Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Five Million and 00/100 Dollars($5,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 20th day of January , 2023. SureTec Insurance Company SVRANc c SVt �CF���iMarkel suranceC pang 4o0.o x iN o s / • .x�L IeJen4ipgse rdent '1��rrrtti ` County of Harris: On this 20th day of January , 2023 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. XENIA RIVAS teV iV /' Notary Public State of Texas By: '; a Commission#129117659 x as,No ry Public Commission Expires 9/10/24 My co mission expires 9/10/2024 10 _ 1. We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies, on the 3rd day of May 2073 Mstci Comp y Mar el In anceCompany By A drew arquis,Assistan ecretar ( Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.4221124 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM 6T. I SECTION G CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law try H.B. 23,84th Leg.. Regular Session. OFACE USE ONLY This questionnaire is being tied 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 O06 a). By aw this questionnaire must be tied with the records administrator of the local governmental aptly not inter than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed See Section 176 006ta-1. Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Coda.An offense rider this section is a misdemeanor. ,J Name of vendor who has a business relationship with local governmental entity. N/A • 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 iraccurate.l { Name of local government officer about whom the information is being disclosed. NONE 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 CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than investment income.from the vendor? Yes No B is the vendor receiving or likely to receive taxable lncame.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? nYes n No 111 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director.or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a'ri2riB). excluding gifts described in Section 176.003(a-t) 5/3/23 Signature of vendor doing business with the governmental entity :Date corm provided by'exas Ethics Commission www.ethics state.tx us Revised 1 t'302015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at hltp://www.statutes.tegis.state.tx.usi Docs&t-G/htm/LG.176.htm.For easy reference.below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state.or local governmental entity or an agency of a federal.state.or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by.and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(8): (a) A local government officer shall tile 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; (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 focal governmental entity and vendo-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-I) (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): (9) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer. =,:m,provided by Texas Edits ifurmissian www eth;cs state'x us Rev,sed'1.3O'2Oi5 SECTION H AlA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Nane.legal slu1em and addrey.$) (Name,legal stains and principal place qf business) This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Ncnue,legal status and address) modification. Any singular reference to Contractor,Surety,Owner or other party shall be considcrcd CONSTRUCTION CONTRACT plural where applicable Date: Amount: Description: (Name•cunt If/ceder/id BOND Date: (Not earlier than(7tstructinn t'untrrrrt fate) Autumn: Modifications to this Bond: ❑None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY ('untpany; (C urpurate Seal) Company: (('or porcrte,Sea!) Signature: Signature: Name Name and Title: and"Title: (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY Ncane.address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect.Engineer or other party:) AIA Document A312'•'—2010 Payment Bond.Copyright 3 2010 by The American Institute of Architects.All rights reserved.WARNING;This AIA" Init. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAa Document,or 1 any portion of it may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To report copyrght vio:ations of AlA Contract Documents.e-mail The American Institute or Archtects'legal counsel,copyright@aia org. 041110 §1 The Contractor and Surety.jointly and severally.hind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract.which is incorporated herein by reference.subject to the following terms. §2 if the Contractor promptly makes payment of all sums due to Claimants,and defends.indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the('ontractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3.the Surety shall promptly and at the Surety's expense defend,indemnity and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim:and .2 have sent a Claim to the Surety(at the address described in Section 13). §5,2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 Ifa notice of non-payment required by Section 5.1.1 is given by the Owner to the('ontractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt ol'the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed:and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not he deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2.the Surely shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums tilund to he due and owing to the Claimant. §81'he Surety's total obligation shall not exceed the amount of this Bond.plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall he credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the('ontractor Linde-the Construction Contract shall he used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion or the work. init. MA Document A312"'—2010 Payment Bond.Copyright fit 2010 by T:ie American Institute of Architects All rights reserved.WARNING:This AIA`'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA'Document,or 2 any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To report copyright violations of AIA Contract Documents.e-mail The American Institute of Architects"leget counsel,copyright[a?aia.org §10 The Surety shall not he liable to the Owner.Claimants or others for obligations oldie Contractor that arc unrelated to the Construction Contract. the Owner shall not he liable for the payment ol'any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change.including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shall he commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(I)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall he applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to he performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hereli•om and provisions conforming to such statutory or other legal regtlin:ment shall he deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to he a potential beneficiary of this Bond.the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract: .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim: .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance attic work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AfA Document A312'"—2010 Payment Bond.Copyright©2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or 3 any portion of It,may result In severe Civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law To report copyright violations of AIA Contract Documents,a-rrat The American Institute of Architects'legal counsel,copyright@a:a.org §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 It'this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall he deemed to be Contractor. §18 Modifications to this bond arc as follows: (.Spcwc is provided below for r:dditiunal signatures Ul addedd partle.S, other than those appearing on die cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (('orporate,Secll) Company: (Cw7)orate.Seal) Signature: Signature: Name and Title: Name and Title: Address Address Init. AlA Document A312""-2010 Payment Bond.Copyright ea 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or 4 any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel.copyright©laia.org SECTION I A o CERTIFICATE OF LIABILITY INSURANCE DATE(DISLIDO/YYYY) 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 TIE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,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 CCNITACT John (JD)Weinel Texas First Insurance PHONE.EMI: (409)934-8000 (FAX.No): (409)935-1883 ukic.No 7900 Emmett F.Lowry Expy EMAIL insurance ADDRESS: >d'� INSURER(S)AFFORDING COVERAGE NAIC it Texas City TX 77591 RORER A: COrtirnerdat Casualty Company 20443 INSURED u SURE B: Continental Insurance Co 35289 Greenscapes Six,LLC INSURER C: American Cas Co of Reading PA 20427 7020 FM 3180 Rd INSURER D: INSURER E: Baytown TX 77523 RISURER F: — COVERAGES CERTIFICATE NUMBER: 22-23 All Lines 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 ISSI lED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LLIR TYPE OF INSURANCE prgp MVO POLICY NUMBER (MWDDIYYYY) (W WDIYYYY) UNITS X COMMERCIAL GENERAL t IAIHNJiY EACH OCCURRENCE $ 1,000.000 reeuer TO RENTED CLAIMS-MADE OCCURPREMISES(Ea oaeeere) $ 100,000 MAm MED orn(Any one person) $ 5,000 A PUT 7018241424 03/27/2022 0327/2023 PERSONAL bnon INJURY $ 1,000,000 GENLAGGREGATE UNIT PER GENERAL AGGREGATE $ 2,000,000 P°1-ICY Ter X! LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER Employment Practices $ 100,000 AUTOMOBILE LIABIITY SOMBINED(Fa )SINGLE UNIT $ 1,000,000 X MIYAUTO BODILY INJURY(Per poem) $ B OWNED SCHEDULED BUA 7018241438 03/272022 03/27/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED D PROPERTY DAMAGE $ y —AUTOS ONLY AUTOS ONLY (Peracoderrt) Underinsured motorist $ 1,000,000 X UMBRELLA A L.IAB X OOOUR Faces ocCVFIR C $ 5,000,000 B Excess UAB CUE 7018241455 03/27/2022 03/27/2023 AG GATE $ 5,000 000 CLAIMS-MADEDED RETENTION$ $ INOWfeRS CORPORATION XI PER OTH- AND EMPLOYERS'UAStn Y/N Y STATUTE ER 1,000,000 C ANY Ct1TIVE ( N ( N IA 7018241441 03272022 03/27/2023 E.L.EACH ACCIDENT S OFFICERMEMBER EXCLUDED'?Mandadory in NH) E L.DISEASE-EA EMPLOYEE $ 1,000,000 If yea,describe under 1,000,000 DESCRPTION OF OPERATIONS below EL DISEASE-POLICY Miff $ Any One Item 50,000 Leased/Renteda Equipment A Installation Floater 7018448931 03/27/2022 03272Occ urrence Any One 200,000 DESCRIPTION ION OF OPE3tATI)NS I LOCATIONS I VEHICLES(MORD TOW,Additional Remora s Weedutr,may be aexMd it more apace Is rewired) The General Liabaity and Auto policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder and the General Liability,Auto,and Workers Compensation policies include a blanket automatic vralver of subrogation endorsement that provides waiver of subrogation wording to the certificate holder. These endorsements,to the extent provided in the policy,art apply when there is a written contract between the named insured and the certificate holder that requires such status. The General Liabiity policy will pay for a covered loss on a primary basis and the Company will not seek contribution from the Certificate Holder for such loss-Excess Liabi'dy policy follows font to underlying labilty per. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE SERRATION DATE THEREOF,NOTICE WILL BE DELIVERED I —SAMPLE"' ACCORDANCE VA TH THE POLICY PROVISIONS. AUTHORIZED r IXTNE I m 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD R® CERTIFICATE OF LIABILITY INSURANCE DATE, /YYYY) AC 06232022 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 TIC COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FACT John (JD)Weinel Texas Fast Insurance PHONE No.Ea* 934-8000 FAX No►: ( )935 1883 LAM.7900 Emmett F.Lowry Expy 1d-weineetexasfirstuistra ce INSURER(S)AFFORDING COVERAGE AMC i Texas City TX 77591 INSURER A, Coklndxa Casualty Company 31127 INSURED INSURER B: GreensCapes Sir,LLC INSURER C: 7020 FM 3180 Rd risuttETt D INSURER E: Baytown TX 77523 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Prof 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 WI-RCN 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. NlSR ADDL POLICY EFF POLICY EXP LIMITS TYPE OF IlSIRRAIICE LE WI D W POUCY NUMBER (YWODIYYYY) (iOtlDD/YYYY) COMMERCIAL GENERAL u*aniTY EACH OCCURRENCE S DAMAGE TO RENTED CLAIMS WOE OCCUR PREMISES(Ea omarence) $ MED DIP(My one pwsan) $ PERSONAL&ADV INJURY $ GEPPLAI3GREGATE LMITAPPLES PER: GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ POLICY_ PRO JECT LOC $ OTHER AUTOMOBILE UAINU Y COMBINED SINGLE LIMIT s (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED ^SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY _ AUTOS ONLY AUTOS ONLY (Per atadertD)AMAAGE $ $ UMBRELLA LUB OCCUR EACH OCCURRENCE S EXCESS L.IAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PEN OTH- AIID EMPLOYERS'uABLITY Y l N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L EACH ACCIDENT S OFFICER EXCLUDED? (Mendatoryin NH) E.L DISEASE-EA EMPLOYEE $ I yes,describe under DESCRIPTION OF OPERATIONS betas EL DISEASE-POUCY MGT $ Per Claim 1,000,000 Professional LiabilityA CEO 7034168265 06/22/2122 0622P2023 Aggregate 1,000,000 DESCRIPTION OF OPt I LOCATIONS I VEHICLES(ACORN 101,Additional Remeads Sehsdale,reow be attached N ewes space is rewired/ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DEL RVERED W See 1st Page for Holder Information ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR®CIE e. (d 1988-2015 ACORD CORPORATION. All rights reserved. ACORN 25(2016/03) The ACORD name and logo are registered marks of ACORD SECTION J AAI- Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name,legal status and addresc) (Name,legal status and principal place of.business) This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or (Name,legal status and address) modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: Amount: Description: (Name and location) BOND Date: (Not earlier than Construction Contract Dale) Amount: Modifications to this Rand: 0 None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Carporatc Seat) Company: (C'orporalc Scat) Signature: Signature: Name Name and Title: and Title: (Arita additional signatures appear on the last page of this Per forrmoice Bond.) (POI?INFORMATION ONLY - Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect. Engineer or other party:) Init. AIA Document A312T",-2010 Performance Bond.Copyright 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright law and International Treaties.Unauthorized reproduction or distribution of this Ale Document. or any portion of it may result in severe civil and criminal penalties,and will be prosecuted to the rnaxirnwn extent possible under the law.To report copyright violators of AIA Contract Documents,e-rnai The American Institute of Architects'legal counsei copynght@laia.ag. 061110 §1 The Contrac:or and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 II there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractors performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.if the Owner,the Contractor and the Surety agree.the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right.if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Delault.terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance ol'the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3.the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 t Indertake to perform and complete the Construction Contract itself.through its agents or independent contractors: §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to he prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to he secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance oldie Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness tinder the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 I l'the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall he deemed to he in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall he entitled to enforce any remedy available to the Owner.lithe Surety proceeds as provided in Section 5,4,and the Owner reluses the payment or the Surety has denied liability,in whole or in par,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. init. AIA Document A312'.-2010 Performance Bond.Copyright©2010 oy The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document, 2 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To report copyright violations of AIA Contract Documents.e-mail The American Institute or Architects'legal counsel.copyrighi@aia.crg §7 lt'thc Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor Ibr correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting front the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or Woo liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1.5.3 or 5.4.the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not he liable to the Owner or others for obligations of'the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue un this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable.under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years alter a declaration or Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond.whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall he applicable. §12 Notice to the Surety.the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall he deemed incorporated herein.When so furnished,the intent is that this Bond shall he construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price."Ilse total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of'the Contractor.which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to pertimn and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall he deemed to be Subcontractor and the term Owner shall he deemed to be Contractor. AIA Document A312' —2010 Performance Bond.Copyright 0 2010 by The American Institute of Architects.All rights reserved.WARNING:This Init. AIA'Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA'Document, 3 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law To report copyright violations of NA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright©aia.org §16 Modifications to this bond are as ti>Ilows: (Space is provided below.pu•additional signatures of added parties, other than those appearing on the corer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea!) Company: (t'u,porute Seal) Signature: Si.nature: Name and Title: Name and Title: Address Address Init. AlA Document A312To—2010 Performance Bond.Copyright @ 2010 by The American Institute of Architects.All rights reserved.WARNING This AIA''Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'Document, 4 or any portion of it,may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.To report copyright violations of AIA Contract Documents.a mat The American institute of Architects'legal counsel.copynght(d)aia.org SECTION K House Bill 89 Verification Mike Archer (Person name), the undersigned representative (hereafter referred to as "Representative") of Greenscapes Six,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. (4),.-40e, SIGNATURE OF REPRESENTATIVE SUBSCRIB D AND SWORN TO BEFORE ME, the undersigned authority, on this day of a . 20292 =�`'•"Y•""�'• AWE DALE GUY ARCHER i.iltr1=1 My wry ID#133598052 Notary Public *'' Expires February 25,2026 SECTION L NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Mike Archer Title: Managing Partner Company: Greenscapes Six,LLC Date: 5/3/23 SUBSCRIBED and sworn to before me the undersigned authority by ;,L Li he of, on behalf of said bidder. St)(, LLC- aJ U- — Notary Public in and for the •Isy ..r w t/ r►i_� State of Texas AWE DALE GUY ARCHER ' '26 *: * My Notary ID#133598052 My commission expires: "'�F of Expires February 25,2026 SECTION M 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 otters 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. Greenscapes Six,LLC 5/3/23 Firm Name Date 7 fi il'te' $ Managing Partner Authorized Signature Title Mike Archer 713-501-7456 Name(please print) Telephone marcher®greenscapes6.com Email , ALUE DALE GUY ARCHER STATE: _: My Notary lD#133598052 COUNTY: C,1r1Qw e► S of +: Expires February 25,2026 SUBSCRIBED AND SWORN to before me by the above named KA AYWAL. on this the 3 day of Mt ,20 2.7) . Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION N SB 252 CHAPTER 2252 CERTIFICATION I, Mike Archer ,the undersigned and representative of Greenscapes Six,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. Mike Archer Name of Company Representative(Print) (Mid'At`i, Signature of Company Representative 5/3/23 Date SECTION 0 WAIVER AND INDEMNIFICATION Each Proposer/Offeror must sign this waiver and indemnification clause to be considered for evaluation By submitting a proposal, each Proposer agrees to waive any claim it has, or may have, against the Owner,the Architect/Engineer, and their respective employees, arising out of or in any way connected with the administration, evaluation or recommendation of any proposal; requirements under the contract documents; acceptance or rejection of any proposals; and award of any contract. This waiver is to be construed as broadly as possible and includes any and all causes of action the Proposer may now have, or that may arise in the future, that relate to the proposal process or the award of a contract, against the Owner and or Architect/Engineer for their action(s), or inaction(s) including, but not limited to, causes of action for negligence, sole negligence, intentional tort, violation of a state or federal statute, violation of the state or federal constitution, injunctive relief, quo warranto proceeding, declaratory judgement and any other request for relief, whether at taw or in equity. If a claim is brought against the Owner and/or Architect/Engineer by Proposer or anyone else as a result of Proposer's proposal, Proposer agrees to indemnify Owner and/or Architect/Engineer for any and all money damages,attorney's fees, cost of suit, or any claim for damages that are measured in dollars and cents. Further, Proposer agrees to indemnify and pay all expenses incurred in defending such litigation, including but not limited to, attorney's fees, cost of court, expert witness fees and expenses, hourly cost of Owner's and/or Architect's/Engineer's employee's time spent on the suit,whether directly or indirectly related to the litigation, and any cost or expense incurred by, directly or indirectly, Owner and/or the Architect/Engineer as long as such cost can be measured in dollars and cents. This paragraph is intended by the parties to meet the"Express Negligence Rule" as set out in the Texas Supreme Court opinion of Ethyl Corp. v. Daniel Construction Co.. 725 SW2d 705(Tex. 1987). The parties to this contract stipulate that the consideration for this paragraph is sufficient and confess its adequacy herein. The undersigned represents that this Proposal is made in good faith.without fraud, collusion or connection of any kind with any other Offeror of the same work: that they are competing in their own interest and in their own behalf.without connection or obligation to any undisclosed person;that no other person has any interest in regard to all conditions pertaining to the proposal and in regard to the place where it is to be submitted; that they have made their own examination of the request for proposal and from it have made this proposal Firm Name. Greenscapes Six,LLC Date 5/3/23 Address 7020 FM 318'0 Baytown,TX 77523 Legal Signature: Type/Print Name and Position. with Offeror Mike Archer,Managing Partner I SECTION P `\ I THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM Cit n f ` 'L CITY MANAGER COUNCIL MEMBERS: / , \ ,8 SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMASKINLAWIII urt rthu KENNJETH MARKS VAL TREND CHARLOTTE MOSES Teta CITY ATTORNEY DONALD FRANK,SR. DBE DOCUMENT By signing this document the contractor is acknowledging that an attempt for DBE participation will be provided in this contract. If a subcontractor is required to meet that goal, the following will be done to make a good faith effort to hire a minority business(DBE). 1. Solicitation Lists.Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F .R. § 200.321 (b)(1 ). 2. Solicitations.Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321 (b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises.2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules,where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. §200.321 (b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). Mike Archer,Managing Partner (printed name of signatory) nVPGe (signature and date) Disadvantaged Business Enterprise (DBE) Program Commitment Agreement Form This commitment is subject to the award and receipt of a signed contract from Port Arthur Transit (PAT). Project # (if applicable): Items of work to be performed (attach a list of work items if more room is required): Total Commitment Amount % $ The contractor certifies by signature on this agreement that subcontracts will be executed between the prime contractor and the DBE subcontractors as listed on the agreement form. IMPORTANT: The signatures of the prime contractor and the DBE,and the total commitment amount must always be on the same page. Prime Contractor: Name/Title (please print): Signature: Address: Phone: E-mail: Date: DBE: Name/Title (please print): Signature: Address: Phone: E-mail: Date: Subcontractor (if the DBE will be a second tier sub): Name/Title (please print): Signature: Address: Phone: E-mail: Date: Port Arthur Transit (PAT) DBE Invoice Progress Report Project (if applicable): For Invoice#: For Period (Mo./Yr.): Prime Contractor: Contract Amount: DBE Goal: DBE Goal Dollars: YTD DBE Dollars Paid: Name of DBE or 2nd Tier Sub *$Amt Paid for **$Amt Paid to Non-DBE Amount Paid to DBEs(X-Y) Work Performed on 2nd Tier Subs(Y) this invoice (X) * Goal/commitment progress report amount. Do not subtract non-DBE second-tier subcontractors from this column. ** Report amount of payment DBE subcontractors paid to non-DBE subcontractors. Any changes to the DBE commitments must be approved by PAT. This report is required until all DBE subcontracting or material supply activity is completed. I hereby certify that the above is a true and correct statement of the amounts paid to the DBE firms listed above. Prime Contractor: Name/Title (please print): Signature: Address: Phone: E-mail: Date: DBE: Name/Title (please print): Signature: Address: Phone: E-mail: Date: Subcontractor(if the DBE will be a second tier sub): Name/Title (please print): Signature: Address: Phone: E-mail: Date: SECTION Q - = 4T,,, -T Document nt G70 ® _ ocu a2000 Certificate of Substantial Completion PROJECT:(Name and address) PROJECT NUMBER: OWNER❑ CONTRACT FOR: ARCHITECT❑ CONTRACT DATE: CONTRACTOR O TO OWNER:(Name and address) TO CONTRACTOR:(Horn'and mirhx'ss) FIELD 0 OTHER 0 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The Work performed under this Contract has been reviewed and found,to the Architect's best knowledge.information and belief,to be substantially complete.Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate,which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: ARCHITECT BY DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto.The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.Unless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will he the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective: S The Contractor will complete or correct the Work on the list of items attached hereto within { )days from the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at (lime)on (date). OWNER BY DATE The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall be as follows: (Note:Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements hind coverage.) MA Document G704f.—2000.Copyright 01983,1978,1992 and 2000 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U_S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document, or any portion of it,may result in severe civil and criminal penalties,and will he prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten(10)copies of this document when completed To report copynght violations of AIA Contract Documents,e-mail The American Institute of Architects'Iogal counsel,copyrights iiia.org. SECTION R **ALL WORK PERFORMED WITH OWN FORCES** Ntf, 400 IA = � Document G705Tnn — 2001 List of Subcontractors PROJECT:I,Ntune and address) DATE: TO ARCHITECT:(Name and address) ARCHITECT'S PROJECT NUMBER: FROM CONTRACTOR:(sane and.4dtkessi CONTRACTOR'S PROJECT NUMBER: (List Snhcontrucior s and others proposed to be employed on the above Project as required hr the bidding documents.) Work/Firm Name Address/Phone Superintendent MA Document G705"'-2001(formerly G$06'a-2001).Copyright 0 2001 by The An erica i Institute of Architects.All rights reserved.WARMING: This ALA*Document is protected by U.B.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this ALA° Document,or any portion of it,may result In severe ckrit and criminal penalties,and wilt be prosecuted to the maximum extern posalbue under the law.Purchasers are,x,ii*Led to reproduce ten(10)copies of this document when completed.To report copyright flotations of AlA Contract Doa.ments.e- mail The Arran .an Institute of Architects'legal counsel.ccoyrightaaia.erg SECTION S STATUTORY LIEN WAIVER FORMS 1. SUMMARY A. Document Includes:Applicability and use of statutory Waiver and Release of Lien forms promulgated by the Legislature of the State of Texas for construction projects in Texas. 2. STATUTORY REGULATIONS A. Texas Property Code, Chapter 53, Subchapter L,Sections 53.281 thru 53.287(includes the standard forms attached herewith immediately following this section): 1. Form 1: Conditional Waiver for Progress Payments(Page 2) 2. Form 2: Unconditional Waiver for Progress Payments(Page 3) 3. Form 3: Conditional Waiver for Final Payments (Page 4) 4. Form 4: Unconditional Waiver for Final Payments(Page 5) 3. SELECTION AND USE OF WAIVER AND RELEASE OF LIEN FORMS A. Based on answers to the following questions,use the applicable form for the occasion: 1. Is the payment a progress payment(partial, not final),or a final payment? 2. Is the release unconditional(for a payment already received), or conditional(given in anticipation of a payment not yet received)? B. Submit the applicable form, properly executed(filled out, signed and dated)and notarized,on each occasion required(see other portions of the Contract Documents, including but not necessarily limited to the related requirements documents cited above). C. The wording of these forms is prescribed by the State of Texas. Questions regarding their use, execution, etc. should be directed to user's own attorney experienced in construction or lien law. This document is not to be interpreted as rendering legal advice. D. Even if the Contract Documents do not explicitly require submittal of Waivers and Releases of Liens for every payment(for example,omitting them for monthly progress payments), the Owner reserves the right,at its sole discretion,to require applicable Waivers and Releases of Liens, executed and notarized,for any or all payments. Page 1 CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Job No. On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right,any claim for payment,and any rights under any similar ordinance. rule,or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location)to the following extent. (job description). This release covers a progress payment for all labor,services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s)or progress payment request(s).except for unpaid retention,pending modifications and changes,or other items furnished. Before any recipient of this document relies on this document,the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s)or progress payment request(s). Date (Company name) By (Signature) (Title) NOTE: Section 53 281(b)(2),Texas Property Code,requires that the above form be notarized. See Chapter 121,Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable,see Section 121.008 in Chapter 121. Click here to go there. Page 2 NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid,use a conditional release form. UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Job No. The signer of this document has been paid and has received a progress payment in the sum of$ for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) on the property of (owner) located at (location)to the following extent: (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the above referenced project to the following extent' This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s)or progress payment request(s),except for unpaid retention, pending modifications and changes,or other items furnished. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s)or progress payment request(s). Date (Company name) By (Signature) (Title) NOTE: Section 53.281(b)(2). Texas Property Code, requires that the above form be notarized. See Chapter 121,Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable, see Section 121.008 in Chapter 121. Click here to go there. Page 3 CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No. On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check)and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right,any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location) to the following extent. (job description). This release covers the final payment to the signer for all labor,services,equipment,or materials furnished to the property or to (person with whom signer contracted). Before any recipient of this document relies on this document,the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment,or services provided for or to the above referenced project up to the date of this waiver and release. Date (Company name) By (Signature) (Title) NOTE: Section 53.281(b)(2),Texas Property Code, requires that the above form be notarized. See Chapter 121,Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable,see Section 121 008 in Chapter 121. Click here to go there. Page 4 NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid,use a conditional release form. UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No The signer of this document has been paid in full for all labor,services, equipment,or materials furnished to the property or to (person with whom signer contracted) on the property of (owner) located at (location) to the following extent: (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right,any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials. equipment,or services provided for or to the above referenced project up to the date of this waiver and release Date (Company name) By (Signature) (Title) NOTE: Section 53.281(b)(2).Texas Property Code, requires that the above form be notarized. See Chapter 121,Texas Civil Practice & Remedies Code, regarding Acknowledgments& Proofs of Written Instruments. or consult an attorney. For short acknowledgement forms that might be suitable,see Section 121.008 in Chapter 121 Click here to go there Page 5 SECTION T o 20 0 O CY - O ^ Cl▪ -` U cl To vi 0 = O c c= al' E 1.1 V. c a 3 o cc w• •' •o• v= c e e u$ of a o E ,.. Q. u U G V '� O O J.'� tll.c y d m O col .P. ',y 2 .'.O , p O g•O O N C a °e H n r y«. Q '� 45 c c'g E Z t'•d c C o g 8 U ea v v •= L. m a>. 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G� )� ° ° �k�k \ ))\\\ > § �_ ' E. £�3 a k/$/ �� " -- a o a Rail E /� )\J § a{ƒi t \ . �__ �� « ! ■;k /\ Q7 o 4.1En SECTION U CHILD SUPPORT CERTIFICATION TEXAS FAMILY CODE,SECTION 231.006 INELIGIBILITY TO RECEIVE STATE GRANTS,LOANS OR RECEIVE PAYMENT ON STATE CONTRACTS A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner,shareholder.or owner with an interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property,materials or services,or receive a state-funded grant or loan until: I. All arrearages have been paid; 2. The obligor is in compliance with a written repayment agreement or court order as to any existing delinquency;or 3. A court-ordered exemption has been granted. CERTIFICATION STATEMENT Under Section 231.006,Family Code,the vendor or applicant certifies that the individual or business entity named in this contract,bid, or application is not ineligible to receive the specified grant,loan, or payment and acknowledge that this contract may be terminated and payment may be withheld if this certification is inaccurate. I,the undersigned,hereby certify that I am in compliance with the Texas Family Code,Section 231.006. AGREED TO BY: Greenscapes Six,LLC CONTRACTOR By: 4 L f4 Name: Mike Archer Title: Managing Partner Date: 5/3/23 SECTION V Bid Protests. (1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five (5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney,within fifteen(15)days of receipt of the protest. Within the fifteen(15)day time period,the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation,they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. Reporting of Anticompetitive Practices. When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General. Retention of Procurement Records. All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the City Council. All procurement records must be made available to the City Secretary in order to remain in compliance with the City's Records Retention Schedule. , , ,,,, „ g _, GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I LOGISTICS Contractor Qualification for City of Port Arthur Transit Bus Pad Project Round 1 GREENSCAPES SIX, LLC 7020 FM 3180 BAYTOWN, TX 77523 Mike Archer, Managing Partner marcher@greenscapes6.com Joey Taylor, Managing Partner jtaylor@greenscapes6.com GREENSCAPES SIX,LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I LOGISTICS EXECUTIVE SUMMARY CONTACT Mike Archer Managing Partner (713) 501-7456 marcher@greenscapes6.com COMPANY HISTORY Greenscapes Six, LLC registered with the State of Georgia May 22, 2015 and then the State of Texas soon after. With a hand-full of exceptions, all projects have been performed in Texas. The Greenscapes Six team, led by industry veterans Mike Archer and Joey Taylor, has performed construction projects for over three decades, completing over$250 million of projects including recent assignments at City of Pearland, City of Alvin, City of Friendswood, City of Port Arthur, City of Conroe, and City of Tomball. Greenscapes Six offers a platform of solution-based resources transferable across the concrete, asphalt, utility, landscape, irrigation construction and maintenance industries. Many clients, including municipalities, seek skilled teams to perform paving construction, road construction, sidewalk and driveway repair and replace, paving, drainage, ADA ramp, curb and gutter, and more, all of which are in the wheelhouse of Greenscapes Six. QUALIFICATIONS Greenscapes Six holds annual concrete and sidewalk contracts with a number of municipalities as well as project-specific contracts on construction services. Greenscapes Six, LLC also has previously worked with the City of Cleveland.These include a contract with the City of Pearland, Alvin, La Porte, and Conroe as well as annual concrete paving service contracts with the City of Friendswood and the City of Port Arthur among others. Please see the attachments entitled "References" for more information on Greenscapes Six, LLC qualifications. Here is a quote from one of our customers regarding our work. "Recently, Greenscapes Six completed sidewalk repair and renovation work for us here at the City of La Porte.The work was done quickly and professionally by skilled people with great attitudes.The work was performed with minimal disruption and disturbance to the adjacent areas. We asked them to do many scattered repairs to the sidewalk system which could have been a logistical problem for some companies; not for Greenscapes Six. They moved all over the City with care and completed the work on time and on budget. We appreciated the professional work and look forward to future projects." -David McAdams, Former City of La Porte Inspector GREENSCAPES SIX,LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION ' LANDSCAPE I LOGISTICS RESUMES MIKE ARCHER MANAGING PARTNER/FOUNDER Mike has over 25 years of experience in golf, landscape, and commercial development/construction. His experience includes a diversified range of projects for a variety of clients. Mike received his B.S. Degree from Texas A&M University in Agronomy-Turfgrass Management with a specialization in Business Administration. Mike began his career as a project superintendent for Landscapes Unlimited overseeing both renovation and new construction projects across the United States. While at Landscapes Unlimited, Mike was promoted to Regional Project Manager which included a wide range of projects in Arkansas, Texas, Oklahoma, and Louisiana. Mike grew this to be one of the largest regions producing $15 million to$25 million per year. In 2003 Mike went on to project manage residential and commercial development in Austin, Texas including the site development for Wolf Creek Commercial Park. In 2007, Mike joined the Sequoia Golf team and was selected to oversee all capital improvement projects for all golf courses in Texas and Colorado. Under Mike's leadership, Sequoia expanded Sequoia's in-house construction operations by developing a specialized division to service third-party clients on schedule and within budget. Mike is a strong construction executive who is dedicated to client satisfaction as well as helping co-workers and employees achieve their highest performance and overall company performance. JOEY TAYLOR MANAGING PARTNER/FOUNDER Joey has over 15 years of experience in landscape construction and maintenance for parks, recreational areas and golf course construction/development both nationally and internationally. Joey graduated from Lamar University in Beaumont,TX with a BS in Business Administration. Joey started his career as a principal in his own landscape, construction and maintenance company. He then became project superintendent for Landscapes Unlimited overseeing a wide range of projects from $20,000 to$21 million. Prior to forming Greenscapes Six, Joey was responsible for completing all capital improvement projects for Sequoia Golf, the second largest golf course owner/operator with over 50 courses. Joey takes a collaborative team approach to every project while maintaining the utmost level of professionalism and integrity to ensure a quality product and good working relationship between his crew and client. GREENSCAPES SIX,DC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I LOGISTICS Previous Contracts & References City of Pearland, TX Robert Alfrey, Department of Public Works 281-652-1910 ralfrey@pearlandtx.gov Concrete Construction $933,247.00 City of Missouri City, TX Able Lewis, Department of Public Works 832-231-6318 able.lewis@missouricitytx.gov City of La Porte, TX Kanard Givens, Project Manager givensk@laportetx.gov 830-377-7965 Concrete Construction City of Beaumont, TX David Tingle, [IT, Public Works Design Manager 409-785-4781 david.tingle@beaumonttexas.gov City of Port Arthur, TX Adam Alfred, City Inspector adam.alfred@portarthurtx.gov 409-853-7471 Roads, Driveways, Drainage, Sidewalk, Ramp, etc. $1,312,000.00 Jones and Carter Engineering Ryan Schilhab, Design Engineer 281-363-4039 Ex. 1331 GREENSCAPES SIX,LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200 • j,....._ GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I LOGISTICS CURRENT CONTRACTS City of Missouri City Sidewalks $1.2 Million City of Alvin Concrete & Sidewalks $225,045.00 // Annual Contract City of Pearland Annual Sidewalks Annual Contract City of Port Arthur Sidewalks & Utility Cuts Annual Contract City of Friendswood Annual Sidewalks $421,500.00 // Annual Contract City of Missouri City Sidewalk Improvements $514,218.00 INVENTORY Mini Excavator Skid Track Loader John Deere Tractors Dump Trailers Utility Carts Back Hoe w/ Hammer **This is a sample listing. Full inventory listing available upon request. All of the above listed equipment is available immediately for this project.All equipment is maintained and service regularly. No maintenance is required for availability** GREENSCAPES SIX, LLC / 7020 FM 3180 Baytown,TX 77523 / 713-714-3500 / 713-714-1200