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HomeMy WebLinkAboutPR 23309: TRANSIT BUS PAD PROJECT ROUND 2 City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit Director si\I\ Date: October 17,2023 Re: P.R 23309—Transit Bus Pad Project Round 2 Nature of Request: Authorize the City Manager to execute a contract with Ballow Builders,Inc.,for the construction of bus stops for Port Arthur Transit(PAT)in the amount not to exceed$120,296.50. 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 21 bus stops in their second round of bus stop reviews. Port Arthur's Purchasing Division issued a Request for Bids(RFB)to construct the bus stops. Two (2)bids were received and evaluated by Purchasing and PAT. The lowest bidder was Ballow Builders,Inc.,in the amount not to exceed$120,296.50. Recommendation: It is recommended the City Council approve proposed P.R.23309 for the construction of bus stops in the amount not to exceed$120,296.50. 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. 23309 10/16/2023IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BALLOW BUILDERS INC. OF GARRISON, TEXAS FOR BUS STOP CONSTRUCTION AT VARIOUS LOCATIONS IN THE CITY OF PORT ARTHUR, TEXAS IN THE AMOUNT NOT TO EXCEED $120,296.50. 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-one (21) bus stops; and, WHEREAS, the Port Arthur Purchasing Division issued a Request for Bids in the Port Arthur News on September 23, 2023 and September 30, 2023, to construct the bus stops; and, WHEREAS, two (2) 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 Ballow Builders, Inc., the lowest responsible bidder, as delineated in Exhibit"A"; and, WHEREAS, a contract agreement between the City Of Port Arthur and Ballow Builders, Inc. 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 Ballow Builders, Inc. of Garrison, TX for the construction of bus stops in the amount not to exceed $120,296.50, in substantially the same for as attached hereto as Exhibit"A". THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of November, 2023 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: I P.R. 23309 10/16/2023 IM Mayor: • Councilmembers: NOES: Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPWait AS TO FONT,. n it V011pi u`x6'112,1 1 kil •, q y , t• 14, V0 I APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: 401-70-530-8525-00-60-000 PROJECT TR11316 CAP.00O ci\iCA . i , 6 Ronald Burton Kandy Danie City Manager Director of F nance Nts 14A1114"— Clift•n Williams, CPPB Ivan Mitchell Purchasing Manger Transit Director P.R. 23309 10/16/2023 IM Exhibit "A" OO OVI N I-- N 0 ui 0 N - M O al M Lrl O e-1 Lrl 00 M Li', O m N O CT u 00 M r� l0-I ri N al •C a 1 0 VI Vl In Lrl o Lrl O 0 N N N N O N O N cri cri r-i ai Cr; ai ai L.ri 0! Tt ri N N i_ 13 U Lrl ,-1 V) C *C 0 0 ad C _0 ai u 4- s E O 'a.. � int/? in- {/) V? {/} V? 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(\ ' :mo•d' 3V:• -+ a c Lc• C m w 7-• d O Jill: �l ;`L W. 1 a 'Z n u u Ja u m i-". •Y try ti:( ,4 m d O O u c > w < Z W l oa O w u a 0 a w w O ¢ Ot 4•:� • n ggiU m r ucc¢ =O O Er a O Z Al,\NiN.i.�'d" ui n .i H Z Z < 7 ❑ < < D Z Z a m Y O co �"� 0 9 H Y m VI S 1' U c a O W �" TN0m W ❑ W W W W W m i? al O ❑ Za 11. Z W OrO 4 Z Z C C E cd a_ O w , to m I-, VV V r U Q O Z ZOOOZ O OmO2 ❑ VVVO-U V - F d . N RI V In to N CO m O V r r 0 0 P.R. 23309 10/16/2023 IM Exhibit "B" THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS City of CITY SECRETARY DONEANE BECKCOM VAL TIZENO HAROLD L.DOUCET,SR ,J THOMAS KINLAW III CITY ATTORNEY DONALD FRANK,SR. o r t r t h u 1111 )1 Texas SEPTEMBER 26,2023 INVITATION TO BID PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 2 DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, October 11, 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, October 11, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-074 DELIVERY ADDRESS: Please submit one(1)original and one(1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov 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. eld-(prP GlA/A:aote- 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 2 on October 3, 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 2 (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: A\t/tA) A4(4 lull Person Completin Form: Telephone: e6'5t, 4\ 60 2,1q- DWg Mailing Address: Email: IV() LIwt f(kf ( Jesse 1)4,1(0,auoo Le,ra City, State, Zip Code: Date: 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 w CONTRACT FOR TRANSIT BUS PAD PROJECT ROUND 2 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: PRINT NAME: Page 2 of 2 SECTION B air 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, October 11, 2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, October 11, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 2 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 TUESDAY, OCTOBER 3, 2023 AT 2:00 P.M. AT THE TRANSIT ADMIN BUILDING LOCATED AT 344 PROCTOR STREET, PORT ARTHUR, TEXAS 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. (?4 �i Cli Williams Purchasing Manager FIRST PUBLICATION: September 23,2023 SECOND PUBLICATION: September 30, 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 financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/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 PTN-130 Consolidated Certification Form (Rev.4/19) 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.transit.dot.gov/funding/grantee-resources/certifications-and-assurances/certifications-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(n)(1)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 laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Form PTN-130(Rev 4,19) 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(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 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 PTN-130(Rev.4/19) 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 4220.1F 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 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.4!1°) 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.G. §§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 NITe of Com ny ft- Printed Name of Person Completing Form 4(i Ikrf . 364.9G &Avid Date Si Form PTN-130(Rev.4,'19) 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 Printed Name of Person Completing Form Te e (& Telephone Si •ouot Date SS#or Tax ID# 10- 0 - 147/5 c0,)- 201q zg� Description of Commodity or Service Disadvantaged Business Enterprise Information Type of Organization (circle) ❑ Sole Proprietorship ❑ General Proprietorship Is your firm a DBE? ❑ (yes) E(no) igCorporation ❑ Limited Partnership If yes, what type? ❑ Limited Proprietorship 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: W. Disadvantage Business Enterprise(DBE) Race-Neutral Required Clauses (Non-TVM): 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.4;19) Page 7 of 11 X. Altoona Test Certification (for rolling stock purchases)(Check one of the following): ❑ The 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 Date Signature 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 Date Signature II, SPECIAL PROJECT TYPE PROVISIONS -the following addenda are attached and endorsed as appropriate: A. Construction or Architectural &Engineering Projects B. Transit Operations or Management Projects ❑ C. Intelligent Transportation System or Research &Development ❑ 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 2 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 1 1 L.S. MOBILIZATIONS (LIMIT TO 5%OF BID) $ $ 51oo0 Lump Sum 2 2575 S.F. DEMO EXISTING CONCRETE AND DISPOSE (INCLUDES RAMPS, FLARES, SIDEWALKS, CURBS, ETC), COMPLETE IN PLACE $ tf.tr9 $ 10/3°6 Per Square Foot 3 3049 S.F. CONCRETE BUS PADS (CLASS P) (6"), COMPLETE IN PLACE $ 16•s° $ 6-01308,51) Per Square Foot 4 1476 S.F. CONCRETE SIDEWALK, COMPLETE IN PLACE $ I9•C° $ q2� Per Square Foot 5 549 S.F. CONCRETE RAMPS (INCLUDES RAMPS, FLARES, & RAMP CURBS, COMPLETE IN PLACE $ !VD $ R 0 SS ,4 Per Square Foot CITY OF PORT ARTHUR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 2 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 6 257 L.F. CONCRETE LANDING, COMPLETE IN PLACE $ I35° $ 3,4(09 ° Per Square Foot 7 476 S.F. CONCRETE CURB (NOT INCLUDING RAMP CURB),COMPLETE IN PLACE 2ISO $ . $ Io, 23y Per Linear Foot 8 48 L.F. 18" RCP, Complete in Place $ 2So $ I21000°'`' Per Linear Foot TOTAL AMOUNT OF BASE BID $ I �, 2 (1• 512 (TOTAL AMOUNT BASE BID WRITTEN IN WORDS) SECTION F EXAS FIRST BATIK OFFICIAL CHECK 11.5,9.477 88-1025/1131 Port Arthur TX 77640 ISSUED BY:MONEY GRAM PAYMENT SYSTEMS,INC. P.O.BOX 9476,MINNEAPOLIS,MN 55480 _ DRAWEE: BOKF,NA,EUFAULA,OK DATE October 11,2023 (TIER BALLOW BUILDERS INC $* * * * ****6, 014 . 83 Six Thousand Fourteen Dollars AND 83/100 HE CITY OF PORT ARTHUR DRAWE :TEXAS FIRST B K ER OF / PosE BID BOND P23-071 AUTHORIZED GNA SECTION G CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a vendor who pate Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176 006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed See Section 176-006(a-1). Local Government Code. A vendor commits an offense it the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor 2.1 Name of vendor who has a business relationship with local governmental entity. f )o (t^) J v;( S [ , .ri 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 authori:y not later than the 7th business day after the date on which you became aware that the otiginally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer.as described by Section 176.002(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 X( No B. 1s the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176003(a)(2)(13). excluding gifts described in Section 176.003ra-1) it Ib3 - Z07; { Sianatur 't vendor Going business with the governmental entry Date ;arm provided by Texas Ethics Commission w Mi.ethics state.tx us Revised 11'302015 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 http://www.statutes.legis.state.tx.us/ Doc DocsiLG/htm/La 176.him.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)(2XA)and(B): (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 perod preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that' (i) a contract between the local governmental entity and 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-1) (a)A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A). (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application,response to a request for proposals or bids. correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer.or a family member of the officer,described by Subsection(a), (B) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission aasry ethics state.tx us Revised 11 30:2015 SECTION H Document A312 - 2010 TM Payment Bond CONTRACTOR: SURETY: (Na,,,'.e legal.iuIur and address) (Naive.lagal.c/anis and prin dpa/place or business) This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with respect to its completion or r,Vunt',legs':/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: /Nurse cord ien•ulim,) BOND T)atc: (A'n!canner thou('t rslrn(1km c'untrue)(late) Amount: Modifications to this Bond: 0 None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY company: !corpunite.call Company: (('orpo,•crte Seal) Signature: Signature: Name Name and Title: and Title: (.dnl•additional signatures appear on the last page r f this Prnauerrt!lend.) (FOR INFORMATION ON!.Y Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect.Engineer or rather/xtrt.i AlA Document A312"'—2010 Payment Bond.Copyright 3 2010 by The Ameriosn Institute of Architects.All rights reserved.WARNING:Tills PIA Document is protected by U.S.Copyright Law and International Treaties.Unanthonaad reproduction or distribution el this AIA Document.or any portion of it.may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.To ( report eopyrght vicotIOns Ot AMA Contact Documents.e-mail The American institute of Architects'legal counsel,copyngltteaia org. sin a §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 relcrence.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 nt 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 tat the address described in Section 13) of claims.demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands.liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3.the Surety shall promptly and at the Surety's expense defend.indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 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 are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 Ira notice of non-payment required by Section 5,1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2.whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner.within sixty(60)days after receipt oldie Claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed:and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not 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_I or Section 7.2.the Surety shall indeuutily.the Claimant ror the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attomey's fees pmvidal under Section 7.3,and the amount of this Bond shall he credited for any payments made in Rood faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,Wally,under any construction performance bond. 13y the Contractor furnishing and the Owner accepting this Bond.they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of'the work. ALA Document A312'""—2010 Payment Bond Copyright 92010 by Tie American Institute of Architects.An rights reserved.WARNING:This AtA'` Init. aocusment is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A!A'Document,or 2 ray portion of it,may result in severe civil lnti Trlmmai penalties.and will be prosecuted to the maximum extent possible under the law.To repor copyright wolations of ALA Convect Documents e-mail The American Institute of Architects'legal ca,nsei.copyrightQaia.org §10 The Surety shall not he liable to the Owner.Claimants or others fur obligations of the Contractor that are unrelated to the Construction Contract. flue Owner shall not he liable for the payment orally 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()laity 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 ofcompeient 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 lust labor or service was perforated by anyone or the last materials or equipment were furnished by anyone under the Construction Contract.whichever of(l)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the_jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety.the Owner or the Contractor shall 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 be performed.any provision in this Bond conflicting with said statutory or legal requirement shall he deemed deleted heret'oru 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 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 he 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 Iurnished: .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 fur 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 previews payments received by the Claimant:and .8 the total amount due and unpaid to the Claimant for latter,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 of the 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. fire 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. Intl AlA Document A312 —2010 Payment Bond.Copyright 0 2010 by The American institute of Architects.All rights reserved.WARNING:This Al** Document is prorectad by U.S Copyright Law and International Treaties.unauthorized reproduction or distribution of this AIA'Document,or 3 any portion al it,may result in severs:civil anti eriniinal perrattiss„and.sill bo prosscureld to ef,,.sa,ix>!nutte txient possible under Ole law.To ( report copyright vroations of AlA Contract Documents,email The American institute of Architects'legal counsel.copytighttaa;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 If 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: (Space is lnvrvided below.for additional signatures of added parties. other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (('orporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address init. AIA Document A312`"'-2010 Payment Bond.Copyright 02 2010 by The American institute of Architects.All rights reserved.WARNING:This AlA Document is protected by U.S.Copyright Law and iretemationai Treaties.Unauthorized reproduction or distribution of this AtA-'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 opyright violations of AIA Contract Documerts,e-mail The American Institute of Architects'legal counsel.copyright©ai-org SECTION I AccrR of CF�-TIFICATE OF LIABILITY INSUP"NCE DATE(MsD023m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS so,-ON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 CONTACT NAME: LOUIS A WILLIAMS&ASSOCIATES,INC. ((HE No,Ext): 800-256-5291 EXT 301 FAX No): 903 935 5775 ADDRESS: commcustserv@marshallsystems.com PO DRAWER 1309 INSURER(S)AFFORDING COVERAGE NAIC# MARSHALL TX 75671 INSURER A: EVANSTON INSURANCE COMPANY 35378 INSURED INSURER B: BALLOW BUILDERS INC. INSURER C: INSURER D: 700 LINN FLAT ROAD INSURER E: GARRISON TX 75946 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE ADDLSUBR POLJCY NUMBER POLICY EFF POLICY EXP LIMITS INSD WVD (MM/DD/YVYY) (MWDD/YYYY) JI, COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 1 CLAIMS-MADE '�', OCCUR PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A N N 3AA662769 04/17/2023 04/17/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Ni, POLICY 7 PRO I�� T � 2,000,000 JEC J LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) i{ ANY AUTO BODILY INJURY(Per person) $ t- OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPER re DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER 01 H- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 91580-CONTRACTORS-EXECUTIVE SUPERVISORS OR EXECUTIVE SUPERINTENDENTS 91583-CONTRACTORS-SUBCONTRACTED WORK-IN CONNECTION WITH BUILDING CONSTRUCTION,RECONSTRUCTION,REPAIR OR ERECTION-ONE OR TWO FAMILY DWELLINGS 91585-CONTRACTORS-SUBCONTRACTED WORK-IN CONNECTION WITH CONSTRUCTION,RECONSTRUCTION,REPAIR OR ERECTION OF BUILDINGS- NOT OTHERWISE CLASSIFIED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN UNITED RENTALS(NORTH AMERICA),INC.&SUBSIDIARIES ACCORDANCE WITH THE POLICY PROVISIONS. 100 FIRST STAMFORD PLACE,SUITE 700 AUTHORIZED REPRESENTATIVE DM STAMFORD CT 06902 I ©1988-2015 ORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DATE(MMIDDiYYYY) Aco CERTIFICATE OF LIABILITY INSURANCE THIS` CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT I NAME;__._ _ 1 PHONE ;FAX(A/C, fr E-MAIL f AOI2RFR1 ._... INSURER(S)AFFORDINGCOVERAGE NAIL INSURER A: i INSURED INSURER B: INSURER C: II _INSURER o_ _ _.. _ ...— — — 1-_ INSURER E: 3 INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -�- ADDL:SUBR' I POLICY EFF j POLiCYEXP I LiBTS LTR I TYPE OF INSURANCE SR,YNNOI POLICY NUMBER I(MM/DDIYYYY):.oftwodYYYY) j GENERAL LIABILITY . I !EACH OCCURRENCE I S DAMAGE TO RENTED I COMMERCIAL GENERAL LIABILITY j I PREMISES'Ea occurrence} S CLAIMS-MACE j 'OCCUR MED EXP(A y one person) S I PERSONAL&ADV INJURY S GENERAL AGGREGATE S I. i PIMI ! ! .PRODUCTS-COMP/OP AGG t S GEN1 AGGREGATE LIMn APPLIES PER' -4 1 1 1 POLICY I .IFCT I I LOC I I 1 COMBINED SINGLE LIMI I AUTOMOBILEI LIABILITYI II (Ea accident) S `.,-i 117 ANY AUTO : ! I BODILY INJURY(Per person) I S ALL OWNED SCHEDULE I i BODILY INJURY(Per accident)!$ I,_,AUT OS D AUTOS PROPERTY DAMAGE ! , HIRED AUTOS I__, AUTOS uED ; I !)Per accident] S Ili S IUMBRELLALIAB I OCCUR EACH OCCURRENCE JS �.EXCE�B ;1 CLAIMS-MALE 1, AGGREGATE �... 1$ 1111 .DEC RETENTIONS III( II I ti WORKERS COMPENSATIOX I I `A/C STATU- I IOTH-: !.ANDEMPLOYERS'LIABIUTY - TORY LIMITS I ER i Y/N ANY PROPRIETOR:PARTNERIEXECUTNE N/A(, (.EACH ACCIDENT 'S IOFHCER:MEMBER EXCLUDED? ❑ (Mandatory in NH) 1( I E-L.DISEASE-EA EMPLOYEE,S If yes descnbe under t f DESCRIPTION OF OPERATIONS below J i `I E.L.DISEASE-POLICY LIMIT S ! 1 ! DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule;If more space is required) 1 CERTIFICATE HOLDER CANCELLATION Ci 4 C;104.1 (\_�v✓ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE �T THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN '/� 4-tiw ACCORDANCE WITH THE POLICY PROVISIONS. /! c' A-A� +ate •'r d akui (, AU`.HORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION J ,=., AIA Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Ncnne,legal status and address) (Nome,legal sows and principal place o('business) This document has important legal consequences.Consultation with an attorney is encouraged with OWNER: respect to its completion or (Name,legal status and actctress) modiication. Any singular reference to Contractor,Suety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: Amount: Description: (Nance and location) BOND brine: (Nat earlier than Construction Contract Date) Amount: Modifications to this Bond: D None Cl See Section 16 CONTRACTOR AS PRINCIPAL SURETY C'onipany: (C'uryu+rurc.4rcr() Company: ((-orparutr,Sou/l Signature: Signature: Name Name and Title: and Title: (Acme additional signatures appear an the lost page of this Per,Jarmance Bunt() (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect. Engineer or other party:) Init. AIA Document A312*"—2010 Performance Bond.Copyright 02010 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Urtarithoo eel reyroducOort or distribution of this AlA'Document or any portion of it,may result in severe civil and criminal iyenatties:and%/All an einsclt €tell to the rn.rxinntun extent possible under the larx.To raped copyright violators 01 AlA Contract Documents.e-mal the American institute of Architects'legal counsel.copyrght@assaig aims §1 The Contractor 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 lithe Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation tinder this Bond.except when applicable to participate in a conference as provided in Section 3. §3 Il't hre is no Owner Delimit 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 Contractor's performance.lithe Owner dices not request a conference,the Surety may.within five(5)business days alter receipt of the Owner's notice, request such a conference. lithe 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 (It))business days of the Surety's receipt of the Owner's notice.If the Owner.the Contractor and the Surety agree.the Contractor shall be allowed a reasonable time to perform the Construction Contract. but such an agreement shall not waive the Owner's right,if any.subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default.terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance oldie Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §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 I 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'damagees as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result ol'the Contractor l)elault;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor aid with reasonable promptness under 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(honer;or 2 t)eny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 Il'the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to he in default on this Bond seven days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond.and the Owner shall he entitled to enforce any remedy available to the Owner.If the Surely proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part.without further notice the Owner shall he entitled to enforce any remedy available to the Owner. MA Document A312 -2010 Performance Bona.Copyright 2010 by The American Institute of Architects.All rights reserved.WARNING:This Init. AMA"tlocuiiient is proiccred by U.S.Copyright'.. w and international Treaties Unnurhorixed reproduction or distribution of this AlA'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 copy*fight violations of AlA Contract Documents.emunl The American Institute of Architects'legal counsel.copyngtt@sia.org. §7 If the 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 he 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('ontraetor for correction of detective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5:and .3 liquidated damages.or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance ot'the Contractor. §B 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 be 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 oft on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the('onstnuction 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 ofContractor 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.lithe provisions of this Paragraph are void or prohibited by law.the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety.the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so turnished,the intent is that this Bond shall he construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under'the Construction Contract after all proper adjustments have been made,including allowance to 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. §142 Construction Contract The agreement between the Owner and Contractor identified on the cover page. including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default Failure of the Contractor.which has not been remedied or waived,to perform or otherwise to comply with a material term ot'the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.MI 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 tern Contractor in this Bond shall he deemed to he Subcontractor and the term Owner shall he deemed to be Contractor. I nit. ALA Document A312 e—2010 Performance Bond.Copyright fp 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 er distribution at this Ark.Document. 3 or any portion of it,may result in severe chill and criminal penalties.and will'sne prosecuted to the maximum extent possible under the law To report copyright violations of AMA Contract Documents.ments.e•maii The American institute of Architects'regal counsel.copyright©aia.org §16 N1odilications to this bond are as follows: • (Space is provided heron /i)r additional signatures nJ added parties,other than those appearing an the corer page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate.Seal) Company: (('orporute Seal) Signature: Signature: Name and Title: Name and title: Address Address init. AlA Document A3124.—2010 Performance Band.Copyright®2010 by The American Institute of Architects.Ail rights reserved.WARNING:This AIA'Ohxuinent is protected by U.S Copyright Law and International Trcatles.Unauthorized reproduction or distribution of this AIA"oocumoot, 4 or any tiortion of it,may re°,;utl in severe civil and criminal penalties One will be p o wc-..tcd to the maximum extent pos,ihtt snder Ino law.To report copyrght violations of AlA Co:ttraa Documents,e-mail The American institute of Architects"legal counsel.mpynght@aia.org. SECTION K House Bill 89 Verification I, fije. (Wily-) (Person name), the undersigned representative (hereafter referred to as "Representative") of _ (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. GNAT OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1 day of DC-\-al r ; 20 9-) �PRr po,, L URaryPPubDO State of Texas " ID#13386960-6 9TFOFt``} M Comm.Expires 07-21-2026 N a ublic 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: ;51-31A.N... Printed Name: �(n 55L $[lett) Title: h(i . OtAis& Company: QgIlv) ‘l4kt5 Ili Date: 11) -11-?a Z3 SUBSCRIBED and sworn to before me the undersigned authority by 1 1 the I b of, 9c) on behalf of said bidder. « `{ `'`"''`' Nota ublic in an fort e �PPr rya LAURA PULlDO �, Notary Pubfic State of Texas State of Texas N9�ofj�}P EMyCon.ExPrS?72) 2O2JMy commission expires: 7- a'\ UED 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 offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree o 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. 04 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. au., 64,4,5 1,,, f .jt3 Firm Name Date --(Y-41`A'1/4- dwt '4"7 Authorized Signature Title lef5f. Mij - 14- 408-o80-k Name (please print) Telephone e55e half 0 a ri., ,,,,,,„ Fjnail STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named )'s` ((o l..,,, on this the ( ( day of 0 -6e 0e{ , 20 40'-0 ff.f..{.ffff,fs ff..S...c f f. / RY PU LAURA PULIDO �P a� Notary Public N ! Pubh' / * �� * State of Texas '".A ;M Comm.#E 3P3869960-6 07-21-2026ires RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION N SB 252 CHAPTER 2252 CERTIFICATION I, "SG f 5{ ek Rio the undersigned and representative of NI`[ 01 (X.& (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. JG a4 fro Name of Company Representative(Print) Sigma of Company Representative 10. E - /023 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 law 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 proposai and from it have made this proposal Firm Name: b o &iiL. S it.4/ Date: 1 0 ")igti, Address: 1 n (4 Ill 601.4n4`50h Y 1 61j'4k Legal Signature Type/Print Name and Position with Offeror: DW" tA✓ r pr45 SECTION P Cuv of -CITY OF PORT ARTHUR,TEXAS ort rtt: ADDENDUM NO. ONE(1) Texas October 6, 2023 BID FOR: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 2 BID # 23-074 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the revised DBE Document with includes a 5%DBE participation If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clliafn Williams Purchasing Manager le) Irk/14,7'5 Sig e of Proposer Date Ur✓ bwittiA6 �wv Company Vendor Name THURMAN BILL BARTIE,MAYOREnergy RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of - CITY MANAGER COUNCIL MEMBERS: ,+ '11''ti i SHERRI BELLARD,TRMC WILLIE BAE LEWIS - CITY SECRETARY DONEANE BECKCOM O r t r t h u r HAROLD L.DOUCET,SR VAL TIZENO THOMAS KINLAW III Texas CITY ATTORNEY DONALD FRANK,SR. DBE DOCUMENT By signing this document the contractor is acknowledging that an attempt for DBE participation of 5%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). SSL 6 A L(r") (printed name of signatory) (signature and date) SECTION Q s 4 Document G704Tm — 2000 Certificate of Substantial Completion PROJECT:(Name and address) PROJECT NUMBER: OWNER 0 CONTRACT FOR: ARCHITECT 0 CONTRACT DATE CONTRACTOR❑ TO OWNER:(Name and addrict.r) TO CONTRACTOR:i Varnc and address) F1kf D Cl 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.inftmnation and belie(;to be substantially complete.Substantial Completion is the stage in the prowess 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 ctmunteneenietit of applicable warranties required by the Contract Documents,except as stated below: ARCHITECT BY DATE CF ISSUANCE A list of items to he completed or corrected is attached hereto.Tihe 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.I;nless otherwise agreed to in writing„the date of cotnntencement of warranties for items on the attached list will be the dale of issuance of the final Certificate of Payment or the date of final payment. Cost uslirtsaic of Work that is incomplete ur detective: 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 (time)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 writt'ontruetor'.v legal and irrcnrance corarsel shurdd determine and review insurance requirements and coverage.) AM Document G704f°—2000.Copyright®1963.1978.1992 and 2000 by The American Institute of Architects.AB rights reserved.WARNING:This AlA"Document is protected by U.S.Co0yrigt,t low and international Treaties.Unaathenseci reproduction or distribution or this AlA"Document. or any portion of it,may result in severe civil arad efifilinai penalties and will he prosecvt'n in its mesirntam extent possihte under the taw Purchasers are permitted to reproduce ten(10)copies of this Document when completed To report copyright violations of AlA Contract Documents.a-rrf�i The American Institute of Architects'Icgel counsel,copyrighteaaia.o g. SECTION R DocumentA � Q 7 5TM - 2001 List of Subcontractors PROJECT:(Nume and address) DATE: TO ARCHITECT:(Name and adch•ess) ARCHITECT'S PROJECT NUMBER: FROM CONTRACTOR: (Name and Address) CONTRACTOR'S PROJECT NUMBER: (List Subcontractors and others proposed to he ernpinved on the above Project as required by the bidding documents.) Work/Firm Name Address/Phone Superintendent AIA Document G705''—2001(formerly G806",—2001).Copyright®2001 by The American Institute of Architects.All rights reserved.WARNING: This AtA"Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of thrs AII' Document,or any portion of it,may result in severe civil and criminal penalties..and will be prosecuted to the maximum extent puss bie under the maw.Puretasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AlA Contract Documents.e- mail The American Institute of Architects'legal counsel.copyright aia.org. o-an+xnu 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 4a�1 '�r` 5 t 'ayee 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. ft 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 corers 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 property 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 ail 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 signers 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 signers 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 ail 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. 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AE k k / \% ® | { 0 j }§ } § ;? ® ^.0 r »32 ' J -ijg § \ i k§ • ) // §}k � \<` 3 ) 4 »a � \m - it j � ) . - j = • • ; a) i/e j '. _,§�)) C. �«! & , u , ! s{2 � 5Ci 4 4 §2! 0 § ,§ , ¥ ±ik Ci iK/ c., ■ 0.�w� § < 0 ¥:; % ' «/ &m, e t«] ! , _ 2 } U . / k7§ K \ § / � ! 7 � co � E� ^ c � �� 4.0 5 ■)\ - ° §��� lille % $)\\_ \ 2 # •& §5 ») ( z |/ 5/ C 3)\7j 2 _ V \f; � ` ® � \ )\\§ 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: 1. 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: CONTRACTOR By: Name: 3."-L/5t alit6") Title: `utit"'""- Date: IA ' tt" 20Z3 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.