HomeMy WebLinkAboutPR 23425: DRC CONSTRUCTION LLC, THREE HOMES INTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
To: Ronald "Ron" Burton, City Manager
From: Beverly Freeman, Manager of Housing and Neighborhood Revitalization
Date: October 27, 2023
Re: P.R. No. 23425
Nature of Request:
The Housing Division recommends City Council adopt Proposed Resolution No. 23425
authorizing the City Manager to execute a contract between the City and DRC
Construction, LLC for the site preparation, and new construction of three (3) homes in
the total amount of $618,125.00 which includes a contingency in the amount of
$15,000.00. ($603,125.00+$15,000.00 =$618,125.00)
Staff Analysis/Considerations:
The Department of Housing and Urban Development (HUD) annually awards Community
Development Block Grant (CDBG) and HOME Partnership Investment (HOME) funds to
the City for the primary benefit of low and moderate-income persons/families. The City
is obligated to provide new construction projects to assist homebuyers whose income is
80% or below the Area Median Income obtain the American Dream of homeownership.
Four (4) bids were received and opened on Wednesday, October 11, 2023, for the
site preparation, and new construction of three (3) homes for low and moderate-income
persons/families at the locations listed below. The bids were evaluated by the
Purchasing Manager and the Housing Division.
Location Amount Design
1942 6th Street $236,425.00 4 bedrooms/2 baths/2 car garage
1401 Trinity Avenue (Tract A) $160,190.00 2 bedrooms/2 baths/2 car garage
1411 Trinity Avenue (Tract B) $206,510.00 3 bedrooms/2 baths/2 car garage
Tota I $603,125.00
Contingency $ 15,000.00
Total $618,125.00
Days to complete three (3) Homes 225 days
Budget Consideration:
Funds are available in Account Number 105-13-033-5470-00.40-000 Project No. CD5118,
108-13-033-5470-00-40-000 Project No. HE2202 and 108-13-033-HE2204.
RECOMMENDATION:
The Housing Division recommends City Council adopt Proposed Resolution No. 23425
authorizing the City Manager to execute a contract between the City and DRC
Construction, LLC for the site preparation, and new construction of three (3) homes in
the total amount of $618,125.00 which includes a contingency in the amount of
$15,000.00. ($603,125.00+$15,000.00 =$618,125.00)
P. R. No. 23425
11/07/23 BAF
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH DRC CONSTRUCTION LLC OF
BEAUMONT, TEXAS FOR SITE PREPARATION, AND NEW
CONSTRUCTION OF THREE (3) HOMES IN THE TOTAL
AMOUNT OF $618,125.00 WHICH INCLUDES A
CONTINGENCY AMOUNT OF $15,000.00 FROM ACCOUNT
NO. 105-13-033-5470-00-40-000 PROJECT NO. CD5118,
108-13-033-5470 & 5422-00-40-000, PROJECT NO. HE2202
AND HE2204.
WHEREAS, the U.S. Department of Housing and Urban Development annually
awards Community Development Block Grant (CDBG) Program and HOME Investment
Partnership (HOME) Program funds to the City of Port Arthur for the primary benefit of
low and moderate-income persons/families in accordance with 24 Code of Federal
Regulations Part 92 and Part 570.; and,
WHEREAS, the City Council, by its adoption of Resolution Number 23-206
(authorizing submission of the 2023 Action Plan) has obligated itself to provide new
construction of houses to assist the low and moderate-income persons/families; and,
WHEREAS, the City advertised in the Port Arthur News on September 13, 2023
and September 20, 2023 for the site preparation and new construction of three (3)
homes located at, 1942 6th Street, 1401 Trinity Avenue, and 1411 Trinity Avenue; and,
WHEREAS, four (4) bids were received and opened on Wednesday, October 11,
2023, and evaluated by the Purchasing and Housing Division with the bid tabulation
attached hereto as Exhibit "A"; and,
WHEREAS, it is deemed in the best interest of the City of Port Arthur to
authorize the City Manager to execute a contract with DRC Construction, LLC, of
Beaumont, Texas, for the site preparation, and new construction of three (3) homes in
the amount of Six Hundred Eighteen Thousand One Hundred Twenty-Five Dollars and
No/100, ($618,125.00) (which includes a $15,000.00 Contingency), in substantially the
same form, attached hereto as Exhibit "B"; and,
WHEREAS, the construction activities performed by DRC Construction, LLC must
be competed in two hundred twenty-five (225) days.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. THAT the facts and opinions in the preamble are true and correct.
Section 2. THAT the City Council hereby authorizes the City Manager to
execute a contract between the City and DRC Construction, LLC in the amount of Six
Hundred Eighteen Thousand One Hundred Twenty-five Dollars ($618,125.00) which
includes a $15,000 contingency for the site preparation, and new construction of three
(3) homes, in substantially the same form as attached hereto as Exhibit "B".
Section 3. 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, A.D., 2023 at
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following
Vote: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
THURMAN, "BILL" BARTIE,
MAYOR
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
APPROV S TO FORM:
`°j\k1 6JIJ
1/2
VA ECI NO,
A RNEY
APPROVED FOR ADMINISTRATION:
RONALD BURTON,
CITY MANAGER
BEVERLY FR EMAN,
MANAGER OF HOUSING &
NEIGHBORHOOD REVITALIZATION
APPROVED FOR AVAILABILITY OF FUNDS:
KANDY DAfIEL,
FINANCE DIRECTOR
/, 4` ,
(
' sty,
CLIFTON WILLIAMS, CPPB,
PURCHASING MANAGER
EXHIBIT "A"
Bid Tabulation
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EXHIBIT " B "
Construction Contract
CONTRACT BETWEEN
CITY OF PORT ARTHUR
DRC CONSTRUCTION, LLC
AND
THE CITY OF PORT ARTHUR
STATE OF TEXAS §
COUNTY OF JEFFERSON §
SECTION 1. PARTIES TO THE CONTRACT
This contract and agreement is made and entered into by and between the City of
Port Arthur, Texas (hereinafter called the "City") acting herein by its Mayor and City
Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and
DRC Construction, LLC, (hereinafter called "CONTRACTOR") of Beaumont, Texas,
Jefferson County, Texas. The parties hereto agree, by the execution hereof, that they
are bound to the mutual obligations and to the performance and accomplishment of the
tasks described herein.
WITNESSETH THAT:
WHEREAS, the Department of Housing and Urban Development annually award
HOME Program funding to the City, pursuant to the Housing and Development Act of
1974, as amended (hereinafter called the "grant"); and,
WHEREAS, under the terms of the grant, the City must ensure that all applicable
state and federal requirements are met concerning the disbursement of funds to the
CONTRACTOR, specifically as delineated in the Federal HOME and Community
Development Block Grant Programs, 24 Code Federal Regulations 92 and 570 as
delineated in the Administrative Requirements in 24 Code of Federal Regulations 85.36
and 85.37; and,
WHEREAS, projects undertaken by the CONTRACTOR pursuant to this contract
must principally be of direct benefit to low and moderate-income persons as has been
determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended; and
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
SECTION 2. CONTRACT PERIOD
A. This contract and agreement shall commence within 10 days from the issuance of
a Notice to Proceed and shall terminate Two Hundred Twenty-five (225)
working days from the Notice to Proceed start date, unless otherwise specifically
provided by the terms of this contract.
SECTION 3. CONTRACTOR'S PERFORMANCE
A. The CONTRACTOR shall construct three (3) homes as delineated in Section
3B for low and moderate-income persons/families with projected sales prices not to
exceed the appraised value. This cost is based on the appraisals that have been
completed. The houses will be completed within two hundred twenty-five (225) days
from the start date of the Notice to Proceed. The homeowners will be required to
maintain the property as their primary residence for the applicable period of affordability
as identified in the Federal HOME and CDBG Program Regulations 24 Code of Federal
Regulations Part 92.252(e), and 570, or the City will recapture all the Federal HOME and
CDBG funds invested as identified in the HOME Program Regulations 24 CODE OF
FEDERAL REGULATIONS 92, 570, and per the Administrative Requirements in 24
CODE OF FEDERAL REGULATIONS 85.36 and 85.37.
B. The following homes are authorized for reconstruction:
ADDRESS Cost of Construction Design
1942 6th Street $236,425.00 4 bedrooms/2 baths/2 car garage
1401 Trinity Avenue (Tract A) $160,190.00 2 bedrooms/2 baths/2 car garage
1411 Trinity Avenue (Tract B) $206,510.00 3 bedrooms/2 baths/2 car garage
Total $603,125.00
Contingency $ 15,000.00
Total $618,125.00
Days to complete three (3) 225 days
Homes
C. The CONTRACTOR shall perform all activities in accordance with the terms of
the Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter called
Exhibit B; the Project Implementation Schedule, hereinafter called Exhibit C; the
Applicable Laws and Regulations, hereinafter called Exhibit D; the Certifications,
hereinafter called Exhibit E; the assurances, certifications, and all other statements made
by the CONTRACTOR in its application for the project funded under this contract; and
with all other terms, provisions, and requirements set forth in this contract, as identified in
the Federal HOME and CDBG Program Regulations 24 CODE OF FEDERAL
REGULATIONS 92, 570 and per the Administrative Requirements in 24 CODE OF
FEDERAL REGULATIONS 85.36 and 85.37. It shall be CONTRACTOR's responsibility
to furnish its own accounting services including clerical, statistical, bookkeeping for
expenditures made by CONTRACTOR in performance of the obligations herein.
THE CONTRACTOR SHALL:
A. Contractor agrees to furnish all labor, materials, tools, machinery, qualified
supervision and all other items and services necessary for satisfactory
completion of specifications and agreements contained herein for the site
clearance and reconstruction of structures and cleanup at the four (4)
residential properties as applicable.
B. Start the herein specified work within 10 days from the issuance of a Notice
to Proceed and approval of all insurance and bonding requirements as
delineated in Sec. "G". The date of completion is two hundred twenty-
five (75) working days from the Notice to Proceed start date, time being of
the essence. It is further understood that if the contract is not completed by
the completion date, (or the said date as extended pursuant to provisions
of this contract), the CONTRACTOR shall be assessed liquidated damages
of one hundred fifty dollars ($150) per calendar day for each day the
contract is not completed after , 2023. All Contractors are
required to have a Landfill Permit, which includes a minimum escrow
account of one thousand dollars ($1,000). If you opt not to set up an
escrow account, you must pay as you dispose by cash or cashier's check.
C. The term "Contract Documents" means and includes the following:
1. Agreement
2. General Information
3. Specifications
4. Addendum(s) if applicable
5. Bid
6. Bid Bond
D. Perform all work in accordance with the terms of this AGREEMENT and
the CONSTRUCTION SPECIFICATIONS attached hereto as Exhibit "F".
E. Be responsible for obtaining all necessary general and special permits and
pay any and all fees for said permits and any other fees, public or private,
which may be required by the United States, the State of Texas, Jefferson
County, or the City of Port Arthur, to satisfactorily complete the work as
specified and agreed to herein.
F. Furnish certificates of insurance to the City's Purchasing Agent evidencing
that the CONTRACTOR has obtained Workman's Compensation,
Performance Bonds, Payment Bonds, General Liability and Automobile
Liability Insurance, which is required by the CITY for performance of the
work specified here. Minimum amounts of such insurance to be
obtained by the CONTRACTOR are as follows:
1. Statutory Texas Workman's Compensation Insurance (with waiver of
subrogation in favor of the City, its officers, employees and agents.
2. Commercial General Liability occurrence type insurance (products/ completed
operations coverage must be included and the City and its officers,
employees, and agents must be named as an additional insured).
3. Commercial Automobile Liability (including owned, non-owned, and hired
vehicles coverage).
4. 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 indirectly employed by
any of them, 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:
a. Standard Workers Compensation Insurance;
b. Commercial General Liability occurrence type insurance; the City of
Port Arthur, its officers, agents and employees must be named as an
additional insured;
i. Bodily injury $500,000 single limit per occurrence of $500,00
each person/$500,000 per occurrence for contracts of $100,000
or less; or Bodily injury of $1,000,000 single limit per occurrence
or $500,000 each person/$100,000,000 per occurrence for
contracts in excess of $100,000; and,
ii. Property Damage of $100,000 per occurrence regardless of
contract amount; and,
iii. Minimum aggregate policy year limit of $1,000,000 for contracts
of $100,000 or less; or, Minimum aggregate policy year limit of
$2,000,000 for contracts in excess of $100,000.
5. Commercial Automobile Liability Insurance (including owned, non-owned and
hired vehicles coverage's).
a. Minimum combined single limit of $500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per
person, $500,000 per occurrence for bodily injury and $100,000 per
occurrence for property damage.
6. Contractor shall cause contractor's insurance company or insurance agent to
fill in all information required (including names of insurance agency, contractor
4
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.
7. 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
4 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 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.
G. BID SECURITY AND LIQUIDATED DAMAGES:
I
1. Bids shall be accompanied by a bid guarantee of not less than five percent
(5%) of the amount of the total bid which shall be certified Check or Cashier's
check payable without recourse to the City of Port Arthur, or a bid bond with
corporate surety authorized to conduct business in Texas. Said security shall
be submitted with the understanding that it shall guarantee that the Bidder will
not withdraw his hid within thirty (30) days after the date of the opening of the
bids; that if a bid is accepted, the bidder will enter into a formal Contract with
the OWNER. Furnish bonds and insurance as may be required and
commence work at the specified time, and that in the event of the withdrawal
of said bid within said period, or the failure to enter into said Contract, furnish
said bonds and insurance and commence work within the time specified, the
Bidder shall be liable to the OWNER for the difference between the amount
specified in the bid in the amount for which the OWNER may otherwise
procure the required work. Checks of all except the three lowest responsible
Bidders will be returned when award is made; when the contract is executed,
the checks of the two remaining unsuccessful bidders will be returned; that of
the successful Bidder be returned when formal Contract bonds and insurance
are approved, and work has commenced within the time specified.
2. The Bidder to whom the award is made shall execute and return the formal
Contract with the OWNER and furnish Performance and Payment Bonds and
required Insurance Documents within ten (10) days after the Notice of Award.
Said period will be extended only upon written presentation to the OWNER
within said period, of reasons which the sole direction of the OWNER justify an
extension. If said Contracts, bonds and insurance Documents are not received
by the OWNER within said period r if work has not been commenced within
the time specified, the OWNER may proceed to have the work required by the
Plans and Specifications performed by any means at its command, and the
bidder shall be liable to the CITY for any excess cost to the OWNER over bid
amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated
damages and the Bidder shall be liable to the City for an additional amount of
five percent (5%) of the bid amount as liquidated damages without limitation.
H. PERFORMANCE BOND, PAYMENT BOND, AND INSURANCE
REQUIREMENTS
1. Due to the contract price, Performance and Payment bonds are required. Both
the Performance and Payment bonds must be written for the total contract value
(100% of the contract price). Said bonds should be executed by a corporate
surety in accordance with the Texas Insurance Code prior to the commencement
of the work. Any Attorney-in-fact that executes a bond must file with each bond a
certified Copy of the Power of Attorney. Said bonds must be furnished to the
Purchasing Agent of the City of Port Arthur prior to the commencement of work.
Additionally, certificated of insurance meeting the above listed insurance
requirements must be submitted to the Purchasing Agent of the City of Port Arthur
prior to the commencement of work.
2. Ensure that competent and qualified supervision is present on the job site at all
times while work is in progress and that all demolition work is pursued in such a
manner as to maximize the safety of all workmen, the general public and
surrounding property.
3. Comply with the Civil Rights Act of 1964 and Section, 109 of the Housing and
Community Development Act of 1974, to wit: No person in the United States shall,
on the ground of race color, national origin, or sex be excluded from participation
in, be denied the benefits of, or part with funds made available under this title.
SECTION 4. THE CITY SHALL:
CONSTRUCTION AND CLOSEOUT REQUIREMENTS:
FOR CONSTRUCTION, PAYMENT WILL BE MADE IN THREE (3) PHASES:
A. Inspect the construction work in progress to ensure that such work is being
carried out in accordance with the terms of this AGREEMENT and the Federal
HOME and CDBG Program Regulations per 24 CODE OF FEDERAL
REGULATIONS 92, 570 and the CONSTRUCTION SPECIFICATIONS attached
hereto.
B. The City shall compensate the CONTRACTOR and implement CLOSEOUT
REQUIREMENTS as follows: Except as hereinafter provided, payment for the
Construction Contract will be made in progress payments as follows:
1. Payment one will be a minimum of fifty percent (50%) of total contract amount
if at least one half (1/2) of the work provided under this Contract has been
completed, inspected and accepted, less five percent 5% held in retainage.
2. Payment two will be a minimum of fifty percent (25%) of total contract amount
if at least twenty-five percent (25%) of the work provided under this Contract
has been completed, inspected and accepted, less five percent 5% held in
retainage.
3. Payment three will be a minimum of twenty-five percent (25%) of total contract
amount if at least twenty-five percent (25%) of the work provided under this
Contract has been completed, inspected and accepted, less five percent 5%
held in retainage.
4. Final retainage payment will be five percent (5%) of each of the progress
payment. This retainage will be held in escrow by the City for a maximum of
thirty (30) days after satisfactory completion, inspection and acceptance of the
Contract to guarantee the completion of work. Thirty (30) days after said
completion, inspection and acceptance, final payment shall be made in a lump
sum or total agreed price less the progress payment, if made, by check issued
by the City of Port Arthur and made payable to the CONTRACTOR for the
satisfactory completion, inspection and acceptance of the work, described
herein.
NOTE: Any payments are subject to satisfactory intermediate and final inspections by
the City. Furthermore, an applicable request for payment must be made by the
CONTRACTOR prior to each payment, as applicable.
General Conditions:
A. If performance by the CONTRACTOR is prevented or delayed as a direct result of
acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God,
such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one
(1) working day of additional time will be allowed to the CONTRACTOR for each
working day lost from such cause, provided the CONTRACTOR, within three (3)
days after the beginning of such delay, gives written notice to the City.
B. If for any reason, other than those specified above, the CONTRACTOR at any
time fails for a period of five (5) consecutive working days to supply enough skilled
workers or otherwise neglects to execute the work properly, the CITY, after these
five (5) working days may give written notice to the CONTRACTOR terminating
his contract.
C. The CONTRACTOR shall repair or replace, if necessary, to the City's satisfaction,
any damage to the work site, the adjacent areas, the access areas to the work
site and to any elements within these areas that may have suffered damage as a
result of the CONTRACTOR'S or any of the subcontractor's operations. The
CONTRACTOR shall leave these areas in a satisfactory and workmanlike
condition, at least equal to that existing before the CONTRACTOR hereunder
started his work.
D. The CONTRACTOR agrees to indemnify and hold harmless the City of Port
Arthur, Texas from any and all claims and damages of any and every kind for
injury to or death of any person, and damages to property arising out of the
demolition or reconstruction.
E. Any amendments to this contract shall be written and must be executed by both
the CITY and the CONTRACTOR prior to the implementation of any such change.
F. This CONTRACT and AGREEMENT embodies and represents all of the rights,
duties and obligations of the CITY and the CONTRACTOR and any oral or written
agreements prior to the date first above written, not included or embodied herein
shall be declared void and not be binding or of benefit to any of the parties herein
mentioned.
G. This CONTRACT and the rights and obligations contained herein may not be
assigned by the Contractor without the prior written approval of the City.
SECTION 5. PARTICULAR REQUIREMENTS:
A. Other particular work requirements are contained in the CONSTRUCTION
SPECIFICATIONS, if applicable.
SECTION 6. CITY'S OBLIGATIONS
Measure of Liability
A. In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs
incurred by the CONTRACTOR during the contract period for performances
rendered under this contract by CONTRACTOR, subject to the limitations set forth
in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's
obligations under this Section 4 are contingent upon the actual receipt of
adequate federal funds to meet City's liabilities under this contract. If
adequate funds are not available to make payments under this contract, City
shall notify CONTRACTOR in writing within a reasonable time after such fact
is determined. City shall then terminate this contract and will not be liable for
failure to make payments to CONTRACTOR under this contract.
2. City shall not be liable to CONTRACTOR for any costs incurred by
CONTRACTOR, or any portion thereof, which has been paid to
CONTRACTOR or is subject to payment to CONTRACTOR, or has been
reimbursed to CONTRACTOR or is subject to reimbursement to
CONTRACTOR by any source other than City or CONTRACTOR.
3. City shall not be liable to CONTRACTOR for any costs incurred by
CONTRACTOR or for any performances rendered by CONTRACTOR which
are not allowable costs as set forth in Section 6 of this contract. City
assumes no responsibility to reimburse CONTRACTOR for any unauthorized
expense incurred nor shall CONTRACTOR create any deficit in the name of
City nor shall CONTRACTOR assign any payment due from City to any other
party.
4. City shall only disburse funds to CONTRACTOR upon receipt of invoices
from suppliers or contractors or other evidence approved by City's Housing
Assistance staff. These invoices must be in accordance with Exhibit B of this
contract.
5. City shall not be liable to CONTRACTOR for any costs incurred by
CONTRACTOR for any performances rendered by CONTRACTOR which
are not strictly in accordance with the terms of this contract, including the
terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this
Contract.
6. City shall not be liable for costs incurred or performances rendered by
CONTRACTOR before commencement of this contract or after termination
of this contract.
Limit of Liability
A. Notwithstanding any other provision under this contract, the total of all
payments and other obligations incurred by City under this contract shall not
exceed the sum of Six Hundred Eighteen Thousand, One Hundred Twenty-
Five Dollars & 00/100 ($618,125.80) which includes a $15,000.00
contingency for the demolition, site preparation, and new construction of
three (3) homes.
Other Federal Requirements (Subpart H)
A. The City of Port Arthur's affirmative marketing program currently advertises in the
local newspaper, fliers, brochures and seminars hosted by the City of Port Arthur
according to Federal HOME and CDBG Program Regulations 24 Code of Federal
Regulations 92.351 and 570.
B. The City of Port Arthur advertises for minority and women's businesses in local
newspapers according to Execute Orders 11625, 112432, 12138 and 24 Code of
Federal Regulations 85.36 (e).
SECTION 7. DISBURSEMENT OF FUNDS
A. City will reimburse eligible costs incurred under this contract in accordance with
the requirements as delineated in the Federal HOME and CDBG Program
Regulations 24 CODE OF FEDERAL REGULATIONS 92 and 570.
CONTRACTOR shall not request disbursement of funds under this contract until
the funds are needed for payment of eligible costs and has all signed
documentation required. The amount of each request must be limited to the
amount needed and properly documented.
B. It is expressly understood and agreed by the parties hereto that payments under
this contract are contingent upon CONTRACTOR's full and satisfactory
performance of its obligations under this contract. City reserves the right to
recapture funds provided under this contract in the event that CONTRACTOR has
been unable to commit funds before the end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or
remedy provided for in this Section 5 or in any other provision of this contract shall
not preclude the exercise of any other right or remedy under this contract or under
any provision of law, nor shall any action taken in the exercise of any right or
remedy be deemed a waiver of any other rights or remedies. Failure to exercise
any right or remedy hereunder shall not constitute a waiver of the right to exercise
that or any other right or remedy at any time.
SECTION 8. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND PROGRAM INCOME
A. CONTRACTOR shall maintain records of the receipt, accrual, and disposition of
all program income in the same manner as required for all other funds under this
contract. CONTRACTOR shall provide reports of program income as/if applicable
as requested by City and at the termination of this contract.
B. CONTRACTOR shall be required to provide reports detailing the operation,
performance and the eligible use and flow of Federal HOME and CDBG funds
received by CONTRACTOR.
C. CONTRACTOR must comply with applicable regulations under pursuant to
Federal HOME and CDBG Program Regulations 24 CODE OF FEDERAL
REGULATIONS Part 92 and 570.
SECTION 9. RETENTION AND ACCESSIBILITY OF RECORDS
A. CONTRACTOR must establish and maintain sufficient records, as determined by
City, to account for the expenditure and use of State HOME Disaster Program,
Federal HOME and CDBG funds.
B. CONTRACTOR shall give the City, the Comptroller of the United States, or any of
their duly authorized representatives, access to and the right to examine all books
accounts, records, reports, files and other papers, things or property belonging to
or in use by CONTRACTOR pertaining to this contract. Such rights to access shall
continue as long as the records are retained by CONTRACTOR. CONTRACTOR
agrees to maintain such records in an accessible location.
C. All records pertinent to this contract shall be retained by CONTRACTOR for five
(5) years following the date of termination of this contract or submission of the
final close-out report, whichever is later.
D. If any litigation, claim or audit is started before the expiration of the five (5) year
period and extends beyond the five (5) year period, the records will be maintained
until all litigation, claims or audit findings involving the records have been
resolved.
SECTION 10. REPORTING REQUIREMENTS
A. CONTRACTOR shall submit to City such reports on the operation and
performance of this contract as may be required by City including but not limited
to the reports specified in this Section 8. CONTRACTOR shall provide City with
all reports necessary for City's compliance pursuant to Federal HOME and CDBG
Program Regulations 24 CODE OF FEDERAL REGULATIONS Part 92 and 570.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if CONTRACTOR fails
to submit to City in a timely and satisfactory manner any report required by this
contract, City may, at its sole discretion, withhold any or all payments otherwise
due or requested by CONTRACTOR hereunder. If City withholds such payments,
it shall notify CONTRACTOR in writing of its decision and the reasons therefore.
Payments withheld pursuant to this paragraph may be held by City until such time
as the delinquent obligations for which funds are withheld are fulfilled by
CONTRACTOR.
SECTION 11. MONITORING
A. The City reserves the right to monitor day to day construction operations of
activities performed under this contract to assure compliance with applicable
federal requirements and that performance goals are being achieved. Field
inspections will be conducted to ensure compliance with the requirements of this
contract and local, federal and state codes, ordinances and the CONSTRUCTION
SPECIFICATIONS. CONTRACTOR shall attend a compliance meeting after the
award of funds and prior to the first draw. If the monitoring reports indicate
deficiencies in CONTRACTOR'S performances under the terms of this contract,
the CONTRACTOR shall be required to immediately correct all deficiencies prior
to the release of payment. Failure by CONTRACTOR to take action specified
in the monitoring report may be cause for suspension or termination of this
contract, as provided in Sections 17 and 18 of this contract.
B. Monitoring CONTRACTOR provides a basis for assessing program operations
and identifying problems. A secondary goal of monitoring is to obtain ongoing
data for use in determining program achievement. Evaluations will summarize
monitoring findings, program goals and measure progress toward those goals
during the provisions of services.
C. The City has responsibility for overall FEDERAL HOME and CDBG Programs
performance and compliance, including the performance of a CONTRACTOR.
Clear record keeping requirements for CONTRACTOR are essential for grant
accountability. Responsibility for maintaining in-house records is assigned to the
CONTRACTOR.
D. The City shall meet all HUD requirements for the Federal HOME and CDBG
Programs according to the 24 Code of Federal Regulations Part 92 and 570.
E. Housing projects and activities will be monitored with on-site inspections on a day
to day basis as follows to ensure compliance with Federal, State, local codes,
ordinances, regulations and standards:
a. On-site inspections and monitoring of construction activities are conducted
on a day to day basis, by certified and qualified City staff to ensure homes
are developed and provided in compliance with the following Building
Codes: IRC 2015, IPC 2015, NEC 2015, IECC 2014 and IFC 2015, IMC
2015, ADA 2015, which ever are most current and all such associated
codes that shall be complied with in producing. In addition, the most
current specifications, codes, ordinances, regulations and standards will be
enforced.
b. Written documentation of construction progress, including pictures of all
phases of construction are required.
c. Critical inspections are conducted as follows:
i. Footings, Termite Treatment and Foundations
ii. Framing
iii. Roofing
iv. Plumbing
v. Electrical
vi. Mechanical
vii. Sheet rocking
viii. Painting & Trim
ix. Installation of exterior siding (or brick veneer)
x. Installation of cabinets and flooring
xi. Landscaping
d. Funds are not disbursed until phases of construction are inspected by
Certified Inspectors, authorized representatives from the Development
Services Department, Homeowner, with the CONTRACTOR in attendance.
e. CONTRACTORS and Vendors performance are evaluated and reviewed
prior to execution of agreements and annually.
f. Other inspections are provided as required.
SECTION 12. INDEPENDENT CONTRACTOR
A. It is expressly understood and agreed by the parties hereto that City is contracting
with CONTRACTOR as an Independent Contractor, and that CONTRACTOR, as
such, agrees to hold City harmless and to indemnify City from and against any
and all claims, demands, and causes of action of every kind and character which
may be asserted by any third party occurring or in any way incident to, arising out
of, or in connection with the services to be performed by CONTRACTOR under
this contract. CONTRACTOR shall present proof of Directors and Officers
Insurance.
SECTION 13. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
CONTRACTOR may not subcontract for performances described in this contract
without obtaining City's written approval. CONTRACTOR shall only subcontract
for performances described in this contract to which federal labor standards
requirements apply after CONTRACTOR has submitted a Subcontractor Eligibility
Form, as specified by City, for each proposed subcontract, and CONTRACTOR
has obtained City's prior written approval, based on the information submitted, of
CONTRACTOR's intent to enter into such proposed subcontract.
CONTRACTOR, in subcontracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, City is in
no way liable to CONTRACTOR's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
CONTRACTOR obtain City's prior written approval of a subcontractor's eligibility,
be construed as relieving CONTRACTOR of the responsibility for ensuring that
the performances rendered under all subcontracts are rendered so as to comply
with all terms of this contract, as if such performances rendered were rendered by
CONTRACTOR. City's approval under Section 11 does not constitute adoption,
ratification, or acceptance of CONTRACTOR's or subcontractor's performance
hereunder. City maintains the right to insist upon Contractor's full compliance with
the terms of this contract, and by the act of approval under Section 11, City does
not waive any right of action which may exist or which may subsequently accrue
to City under this contract.
C. CONTRACTOR shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurements under this contract.
SECTION 14. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officer or elected or appointed
official of the City of Port Arthur or any applicant that receives funds and who exercises
or has exercised any functions or responsibilities with respect to activities assisted with
funds provided under this contract or (2) who is in a position to participate in a decision
making process or gain inside information with regard to such activities may obtain a
personal or financial interest or benefit from a State HOME Disaster Program, Federal
HOME and CDBG assisted activity, or have an interest in any contract, subcontract, or
agreement (or proceeds thereof) with respect to a State HOME Disaster Program,
Federal HOME and CDBG assisted activity either for themselves or those with whom
they have family or business ties, during their tenure or for one year thereafter.
CONTRACTOR shall ensure compliance with applicable provisions under 24 CODE OF
FEDERAL REGULATIONS 85.36, 92, 570 and OMB Circular A-110 in the procurement
of property and services.
SECTION 15. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. CONTRACTOR shall ensure that no person shall on the grounds
of race, color, religion, sex, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract. In
addition, funds provided under this contract must be made available in accordance with
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) that:
1. To the greatest extent feasible, opportunities for training and employment
arising in connection with the planning and carrying out of any project assisted with
HOME funds provided under this contract be given to low-income persons residing within
the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in
connection with any such project be awarded to business concerns, including, but not
limited to, individuals or firms doing business in the field of planning, consulting, design,
architecture, building construction, rehabilitation, maintenance, or repair, which are
located in or owned in substantial part by persons residing in the City of Port Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided
to primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential owned by primarily religious
organizations except as provided in Section 22 of this contract. The completed housing
or nonresidential building(s) must be used exclusively by the owner entity for secular
purposes and must be available to all persons regardless of religion. There must be no
religious or membership criteria for either tenants or users of the property as specified in
Federal HOME and CDBG Program Regulations, 24 CODE OF FEDERAL
REGULATIONS 92.257 and 570.
SECTION 16. LEGAL AUTHORITY
A. CONTRACTOR assures and guarantees that CONTRACTOR possesses legal
authority to enter into this contract, receive funds authorized by this contract, and
to perform the services CONTRACTOR has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of
CONTRACTOR, or representing themselves as signing and executing this contract on
behalf of CONTRACTOR, do hereby warrant and guarantee that he, she or they have
been duly authorized by CONTRACTOR to execute this contract on behalf of
CONTRACTOR and to validly and legally bind CONTRACTOR to all terms,
performances, and provisions herein set forth.
C. CONTRACTOR shall not employ, award contract to, or fund any person that has
been debarred, suspended, proposed for debarment, or placed on ineligibility status by
U.S. Department of Housing and Urban Development. In addition, City shall have the
right to suspend or terminate this contract if CONTRACTOR is debarred, proposed for
debarment, or ineligible from participating in the State HOME Disaster Program, Federal
HOME and CDBG Programs.
SECTION 17. LITIGATION AND CLAIMS
CONTRACTOR shall give City immediate notice in writing of 1) any action, including any
proceeding before an administrative agency filed against CONTRACTOR in connection
with this contract; and 2) any claim against CONTRACTOR, the cost and expense of
which CONTRACTOR may be entitled to be reimbursed by City. Except as otherwise
directed by City, CONTRACTOR shall furnish immediately to City copies of all pertinent
papers received by CONTRACTOR with respect to such action or claim.
SECTION 18. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations,
additions, or deletions to the terms of this contract shall be by submission of requests for
an amendment hereto in writing, and must be submitted to Council for approval before
any alteration, additions, or deletions to the terms of this contract can be executed by
both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this
contract must be rendered in accordance with the Act, the regulations promulgated
under the Act, the assurances and certifications made to City by CONTRACTOR, and
the assurances and certifications made to the United States Department of Housing and
Urban Development by the City of Port Arthur with regard to the operation of the Federal
HOME and CDBG Programs. Based on these considerations, and in order to ensure the
legal and effective performance of this contract by both parties, it is agreed by the parties
hereto that the performances under this contract are by the provisions of the Federal
HOME and CDBG Programs and any amendments thereto and may further be amended
in the following manner: City may from time to time during the period of performance of
this contract issue policy directives which serve to establish, interpret, or clarify
performance requirements under this contract. Such policy directives shall be
promulgated by the City Manager when authorized by the City Council of Port Arthur in
the form of HOME issuances shall have the effect of qualifying the terms of this contract
and shall be binding upon CONTRACTOR, as if written herein, provided however that
said policy directives and any amendments to the Federal HOME and CDBG Programs
shall not alter the terms of this contract so as to release City of any obligation specified in
Section 4 of this contract to reimburse costs incurred by CONTRACTOR prior to the
effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are
required by changes in Federal or state law or regulations are automatically incorporated
into this contract without written amendment hereto, and shall become effective on the
date designated by such law or regulation.
D. Additional addendums are forthcoming (and will be provided), as identified and
outlined in the U.S. Department of Housing & Urban Development's regulations and
requirements in Federal HOME and CDBG Programs, 24 CODE OF FEDERAL
REGULATIONS 92 and 570.
SECTION 19. BREACH OF CONTRACT
A. If through any cause, the CONTRACTOR shall fail to fulfil in a timely and proper
manner his obligation under this contract, or if the CONTRACTOR shall violate
any of the covenants, agreements or stipulations of this contract, the City shall
thereupon have the right to terminate this contract by giving written notice to the
CONTRACTOR of such termination and specifying the effective date thereof, at
least fifteen (15) days before the effective date of such termination
.Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the contract
by the CONTRACTOR, and the City may withhold any payments to the
CONTRACTOR for the purpose of set-off until such time as the exact amount of
damages due the City from the CONTRACTOR is determined.
SECTION 20. SUSPENSION AND TERMINATION
A. In the event CONTRACTOR fails to comply with any terms of this contract, City
may, upon written notification to CONTRACTOR, suspend this contract in whole
or in part and withhold further payments to CONTRACTOR, and prohibit
CONTRACTOR from incurring additional obligations of funds under this contract.
B. The City may terminate this contract in whole or in part in writing to the
CONTRACTOR in accordance with Federal HOME and CDBG Program
Regulations and 24 Code of Federal Regulations Part 85.43 and this Section. In
the event CONTRACTOR materially fails as determined by the City to comply with
any terms of this contract, whether stated in a Federal statute or regulation, an
assurance, in a City plan or application, a notice of award, or elsewhere, City may
take one or more of the following actions:
1. Temporarily withhold cash payments pending correction of the deficiency
by CONTRACTOR or take more severe enforcement action against
CONTRACTOR.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further HOME and CDBG Program awards from CONTRACTOR.
4. Take other remedies that may be legally available as determined by the
City, to comply with the terms of this contract, City may terminate this contract for
convenience in accordance with Federal HOME and CDBG Program Regulations
and 24 CODE OF FEDERAL REGULATIONS 85.44. This contract may be
terminated at any time when both parties agree that the continuation of the
performances would not produce beneficial results commensurate with further
expenditure of funds. Termination shall occur (30) days after the parties agree to
terminate. The CONTRACTOR shall not incur any new obligations once an
agreement to terminate is reached and shall cancel all outstanding obligations.
The CONTRACTOR will be reimbursed for expenses incurred to the date of
termination provided grant funds are available.
5. If the Contractor is terminated by the City as provided herein, the
CONTRACTOR will be paid for the service that it has performed up to the
termination date. If this contract is terminated due to fault of the CONTRACTOR,
the previous paragraph hereof relative to termination shall apply.
SECTION 21. AUDIT
A. Unless otherwise directed by City, CONTRACTOR shall arrange for the
performance of an annual financial and compliance audit of funds received and
performances rendered under this contract, subject to the following conditions and
limitations:
A. As a part of its audit, CONTRACTOR shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to
conduct an annual financial and compliance audit of funds received and performances
rendered under this contract. CONTRACTOR agrees to permit City or its authorized
representative to audit CONTRACTOR's records and to obtain any documents,
materials, or information necessary to facilitate such audit.
C. CONTRACTOR understands and agrees that it shall be liable to City for any costs
disallowed pursuant to financial and compliance audit(s) of funds received under this
contract. CONTRACTOR further understands and agrees that reimbursement to City of
such disallowed costs shall be paid by CONTRACTOR from funds which were not
provided or otherwise made available to CONTRACTOR under this contract.
D. CONTRACTOR shall take all necessary actions to facilitate the performance of
such audit or audits conducted pursuant to this Section 19 as City may require of
CONTRACTOR.
E. All approved HOME and CDBG audit reports shall be made available for public
inspection within 30 days after completion of the audit.
SECTION 22. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. CONTRACTOR understands and agrees that by execution of this contract
CONTRACTOR shall be responsible for providing to City all information,
concerning this HOME funded project, required for City to meet its
responsibilities for environmental review, decision making, and other action
which applies to City in accordance with and to the extent specified in 24
CODE OF FEDERAL REGULATIONS, Part 58. In accordance with 24 CODE
OF FEDERAL REGULATIONS 58.77(b), CONTRACTOR further understands
and agrees that CONTRACTOR shall make all reasonable efforts to assist City
in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved
certifications.
SECTION 23. LABOR STANDARDS
A. Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 1701u. mandates that HUD ensures employment and other economic
opportunities generated by its housing and community development assistance
programs are directed toward low and very—low income persons, particularly
those who are recipients of government for housing. The regulations are found at
24 Code of Federal Regulations Part 135. The CONTRACTOR is required to
comply with Section 3 requirements. The City of Port Arthur will monitor
CONTRACTOR's performance for compliance with Section 3. CONTRACTOR
must provide documentation of compliance and submit the completed Section 3
form 6002. This information will be collected annually to assist HUD in meeting its
reporting requirements under Section 808(e) (6) of the Fair Housing Act and
Section 916 of the HCDA of 1992. An assurance of confidentiality is not
applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not
applicable.
B. Copeland Anti-Kickback Act: CONTRACTOR shall comply with all applicable
regulations of the Secretary of Labor, United States Department of Labor, made
pursuant to the so-called "Copeland Anti-Kickback Act" of May 13, 1934, (48 Stat.
948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C),
and any amendments or modifications thereof, and shall cause appropriate
provisions to be inserted in any contracts or Subcontracts pursuant to the
performances under this contract to ensure compliance therewith by all
CONTRACTORS and SUBCONTRACTORS thereto.
SECTION 24. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by CONTRACTOR under this
contract until City has received certification from CONTRACTOR that its fiscal control
and fund accounting procedures are adequate to assure proper disbursal of and
accounting for funds provided under this contract. City shall specify the content and form
of such certification.
B. Repayment. CONTRACTOR agrees that all repayments, including all interest
and other return on the investment of Federal HOME and CDBG Program funds will be
made to City. City reserves the right to permit CONTRACTOR to retain interest or return
on investment of Federal HOME and CDBG Program funds for additional eligible
activities by the CONTRACTOR.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on
hand on the date of termination, and all accounts receivable attributable to the use of
funds received under this contract shall revert to City. CONTRACTOR shall return these
assets to City within seven (7) business days after the date of termination.
D. Enforcement of Contract. City shall not release any funds for any costs incurred
by CONTRACTOR for land acquisition under this contract until City has received from
CONTRACTOR a Settlement Statement (HUD 1) indicating the costs associated with the
purchase, if applicable.
SECTION 25. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the
subject matter of this contract that were made prior to the execution of this contract have
been reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of
this contract, and constitute promised performances by CONTRACTOR in accordance
with Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
6. Exhibit F, Construction Specifications
SECTION 26. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County,
Texas.
SECTION 27. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur DRC CONSTRUCTION, LLC,
444 4th Street 6710 Eastex Freeway
Port Arthur, Texas 77640-1089 Beaumont, Texas 77707
ATTN: Ronald "Ron" Burton ATTN: Tom & Dawn Cockerill
City Manager 409.554.8135
SECTION 28. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a
guide to contents. The caption does not control the meaning of any paragraph or in any
way determine its interpretation or application.
SECTION 29. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
CONTRACTOR shall comply with all Federal, State and local laws, statutes, ordinances,
rules, regulations, orders and decrees of any court or administrative body or tribunal
related to the activities and performances of CONTRACTOR under this contract. Upon
request by City, CONTRACTOR shall furnish satisfactory proof of its compliance
herewith.
SIGNED AND AGREED to on the day of , 2023.
APPROVED AS TO FORM:
Valecia Tizeno,
City Attorney
CITY OF PORT ARTHUR
By:
Ronald Burton,
City Manager
ATTEST:
Sherri Bellard
City Secretary
SIGNED AND AGREED to on the day of , 2023.
Contractor
By:
Contractor
EXHIBIT "A"
PERFORMANCE STATEMENT
DRC Construction, LLC
CONTRACTOR shall carry out the following activities identified in the Federal HOME
and CDBG Program Regulations in 24 Code of Federal Regulations Part 92 and Federal
Community Development Block Program in 24 CFR 570 : DRC CONSTRUCTION, LLC
shall assist in carrying out the mission of the City of Port Arthur Development Services
Department, division of Housing and Neighborhood Revitalization to eliminate blight,
provide decent, safe, sanitary and affordable housing for low and moderate income
persons/families (80% AMI) within the City of Port Arthur with the eligible use Federal
HOME and CDBG Program funds.
In addition, funds are being provided for the construction of three (3) homes for
homeowners, costs in the total amount of Six Hundred Eighteen Thousand One Hundred
Twenty-Five Dollars and No/100 $618,125.00 (includes a $15,000.00 contingency) and
is being provided as delineated in Exhibit "B" from Federal HOME and CDBG Programs.
It is further understood that any costs above the contract amount incurred by the DRC
CONSTRUCTION, LLC, for these activities shall be paid for with private or other funds.
All costs delineated are subject to Federal Statutes, Code of Federal Regulations and
HUD Guidelines as to CONTRACTOR activities and shall not exceed said guidelines, as
amended and any provisions of fees in excess thereof are void.
All homes shall have a ten (10) year builder's warranty on the foundation, two (2) year
warranty on the mechanics and one (1) year warranty on the workmanship. The
necessary precautions including retainages and applicable bonds will be obtained from
contractors as to ensure performance and avoid liens.
EXHIBIT "B"
BUDGET
DRC CONSTRUCTION, LLC
8710 Eastex Freeway
Beaumont, Texas 77705
409.554.8135
Reconstruction Activities (four (4) homes)
1942 6th Street $236,425.00 - 4 bedrooms/2 baths/2 car garage
1401 Trinity Avenue $160,190.00 - 2 bedrooms/2 baths/2 car garage
1411 Trinity Avenue $206,510.00 - 3 bedrooms/2 baths/2 car garage
Total $ 618,125.00 (which includes a $15,000 contingency)
Grand Total shall not to exceed $618,125.00
EXHIBIT "C"
Project Implementation Schedule
Contractors Name
DRC Construction, LLC
CONTRACT START DATE , 2023
CONTRACT ENDING DATE: , 2023
Home Buyer Activities 1 2 3 4 5 6 7 8 9 10 11 12
Site Preparation
Construction Activities ""
EXHIBIT "D"
The Applicable Laws and Regulations
CONTRACTOR shall comply with all federal, state, and local laws and regulations applicable
to the activities and performances rendered by CONTRACTOR under this contract including
but not limited to the laws, and regulations specified in Section I through IV of this Exhibit D.
I. CIVIL RIGHTS
The Fair Housing Act (42U.S.C. 3601-20) and implementing regulations at 24 CODE
OF FEDERAL REGULATIONS part 10; Executive Order 11063, as amended by Executive
Order 11063, as amended by Executive Order 12259 (3 CODE OF FEDERAL
REGULATIONS, 1958-1963 Comp., 652 and 3CODE OF FEDERAL REGULATIONS, 1980
Comp., p. 307) (Equal Opportunity in Housing and implementing regulations at 24 CODE OF
FEDERAL REGULATIONS, Part 107; and title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d) (Nondiscrimination on Federally Assisted Programs) and implementing
regulations issued at 24 CODE OF FEDERAL REGULATIONS, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CODE OF
FEDERAL REGULATIONS part 107, "Nondiscrimination and Equal Opportunity in Housing
under Executive order 11063 or 24 CODE OF FEDERAL REGULATIONS, Part 107 shall be
a proper basis for the imposition of sanctions specified in 24 CODE OF FEDERAL
REGULATIONS 107.60;
The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations t 24 CODE OF
FEDERAL REGULATIONS, Part 146, and the prohibitions against discrimination against
handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and implementing regulations at 24 CODE OF FEDERAL REGULATIONS, Part 8;
The requirements of Executive Orders 1246 (3 CODE OF FEDERAL REGULATIONS
1964-65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations
issued at 41 CODE OF FEDERAL REGULATIONS, Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent
with HUD's responsibilities under these Orders, each applicant must make efforts to
encourage the use of minority and women's business enterprises in connection with HOME
funded activities. Each Contractor must prescribe procedures acceptable to the State to
establish activities to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women. The Contractor/Subcontractor will be
required to identify contracts which have been bid by minority owned, women owned, and/or
small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.); Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based on
Handicap in Federally-Assisted Programs and Activities of the Department of Housing and
Urban Development", 24 CODE OF FEDERAL REGULATIONS, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CODE OF FEDERAL REGULATIONS, Part 8; and the
Architectural Barriers Act of 1968 (42 U.S.C., Section 4151 et. seq.), including the use of a
telecommunications device for deaf persons (TDDs) or equally effective communication
system.
II. LEAD-BASED PAINT
Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831).
III. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CODE OF FEDERAL REGULATIONS Part 58, as amended in 47 Fed. Reg.
15750 (April 12, 1982);
National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) and 40 CODE
OF FEDERAL REGULATIONS Parts 1500-1508;
The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as
amended; particularly Section 106 (16 U.S.C. Sec. 470f);
Executive Order 11593, Protection and Enhancement of the Cultural Environment,
May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3
(16 U.S.C. Sec. 469a-1), as amended by the archeological; and Historic Preservation Act of
1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended,
particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a) and Sec. 4106(a);
Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951),
particularly Section 2(and);
Executive Order 11990 Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961),
particularly Section 2 and 5;
The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as
amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d);
The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and (21
U.S.C. Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303 (e);
The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. Sec. 1536));
The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended,
particularly Section 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c));
The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section
176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d));
Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et. seq.) 24 CODE
OF FEDERAL REGULATIONS Part 51, Environmental Criteria and Standards.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C., Sec. 4601 et. seq.), 49 CODE OF FEDERAL REGULATIONS Part 24, and 24
CODE OF FEDERAL REGULATIONS Section 570.49a (55 Fed. Reg. 29309 (July 18, 1990).
EXHIBIT "E"
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his 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 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 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, 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 sub awards at all tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative agreements) and that all CONTRACTORs
shall certify and disclose accordingly.
This certification is material representation of fact 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, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $100,000 for each such failure.
Signed:
Name: Dawn Cockerill DATE: November , 2023
Company: DRC CONSTRUCTION, LLC
SPECIFICATIONS FOR
NEW CONSTRUCTION OF THREE (3) SINGLE FAMILY RESIDENTIAL HOMES AT:
1942 6TH Street, 1405a Trinity Avenue, and 1405b Trinity Avenue
Questions, Please contact: Kimberly Redmon, (409) 983-8263. David Conley(409) 983-8257 or
Beverly A. Freeman, (409) 983.8283.
I. TITLE
The provisions embraced within these sections and subsections shall constitute; be known as; and will be
referred to herein and in any relevant AGREEMENT and CONTRACT as "DEMOLITION
SPECIFICATIONS".
II. SCOPE
The scope and purpose of these specifications is to establish certain regulations, general requirements,
and particular requirements necessary for the demolition, removal and cleanup of the unsafe and/or
unsanitary structure(s) as required by the Code Enforcement Department of the City of Port Arthur.
III. CONTRACTOR BIDS
Contracts for the demolition of structures will be awarded in accordance with the terms and conditions.
The completion of the demolition package will be of vital importance to the City. The number of
calendar days given on the proposal form will be used to establish the completion date as used in the
Contract. In case the work is not completed within the time specified in the Contract, there shall be
liquidated damages of twenty-five dollars ($25)per day for each day exceeding the completion date.
IV. PERMITS
The Contractor/Successful Bidder must obtain from the City of Port Arthur and all other governmental
entities, at his own expense, all necessary general and special permits and pay any and all fees for said
permits and any other fees, public or private.
All Contractors are required to have a Landfill Permit, which includes a minimum escrow account
of five hundred dollars ($500). If you opt not to set up an escrow account, you must pay cash or by
cashier's check as you dispose.
V. GENERAL CONDITIONS AND REQUIREMENTS
The following list of conditions and requirements are to be understood as being a general guide in the
demolition of structures. It must be noted, however, that there are special requirements listed below in
Section VII of these specifications, which are in addition to these general requirements for demolition,
and that it is the responsibility of the Contractor/Successful Bidder to comply with all particular
requirements.
A. It is understood and agreed that the Contractor/Successful Bidder will function and operate as an
independent contractor. Any liability incurred by the Contractor/Successful Bidder will accrue
only to that party as an independent contractor and not to the City of Port Arthur.
•
B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the
Contractor/Successful Bidder without prior, written approval of the Code Enforcement
Department. No subcontractor will be approved unless that subcontractor meets the same
insurance requirements specified for and required of the Contractor.
C. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting
with the roof and working down, with the safety and welfare of all people and property being of
the highest priority.
D. All materials, debris, and rubble from the demolition of the structure(s) specified herein will
become the property of the Contractor/Successful Bidder. Salvage can only begin immediately
prior to the beginning of demolition.
E. The Contractor/Successful Bidder will be held responsible for repair of broken or damaged water,
gas, or any other type of lines, which occur during the course of the demolition work. The
Contractor shall repair or replace, if necessary, to the City's satisfaction, any damage to the work
site, the adjacent areas, the access areas to the work site and to any elements within these areas
that may have suffered damage as a result of the Contractor's or any of the subcontractor's
operations. The Contractor shall leave these areas in a satisfactory condition.
F. The Contractor/Successful Bidder shall haul off all debris and unsalvageable materials; and no
debris or rubble which may pose a threat to public safety will be left on the site overnight. No
such debris or material will be placed on a sidewalk or public right-of-way so that it poses a
danger to any person.
G. All demolition work must be carried out to the satisfaction of the City's Inspections Official.
H. The City (without prejudice to any other right or remedy it may have) has the right to terminate
the contract in the event of any default by the Contractor after giving the Contractor fifteen (15)
days written notice. Such notice of termination shall be subsequent to default by the Contractor
and after receiving written notice from the City certifying cause for such action. In addition to
other events of default or grounds for termination identified in the contract, it shall be considered
default by the Contractor whenever he/she shall:
1. Declare bankruptcy, become insolvent, or assign his/her assets for the benefit of his/her
creditors.
2. Violate or disregard provisions of the Contract or instruction from the Owner.
3. Fail to prosecute the work according to the agreed Schedule of Completion, including
amendments and/or modifications thereof.
4. Fail to provide a qualified superintendent, competent workmen or subcontractors, or
proper materials, or failure to make prompt payment therefore.
I• If the Contract is terminated as provided above or as provided in the Contract, the City will
engage another contractor to complete the work. Payment for the completion of such work will
come from funds obligated by the City under its contract with the original Contractor.
J. METHOD OF PAYMENT
Payment shall be made as provided in Section II of the contract.
K. PAYMENT WITHHELD
Any part or the whole of any payment may be withheld by the City to the extent deemed
necessary and reasonable should evidence of the following be discovered:
1. Defective work not corrected.
2. Claims filed against the Contractor.
3. Reasonable evidence indicating the probability of filing claims against the Contractor.
4. Failure of the Contractor to make proper payments to subcontractors or for materials or for
labor.
5. The contract cannot be completed for the then unpaid balance.
6. Unsatisfactory progress of the work by the Contractor.
When the above grounds are removed, the amount withheld because of them shall be paid to the
Contractor subject to and within the other terms of this contract.
L. CONTRACT PAYMENT RETAINAGE
Contract payment retainage shall be as provided in the Contract.
VI. PARTICULAR WORK REQUIREMENTS
The following particular work requirements and conditions apply specifically to the building(s) or
structure(s)which are located at and described as:
***REM VE ALLCONCRETE (e
%CeDt City Sidewalk T E J nRr'S1Y/11EISK1 *xs
A. Before any building or structure is demolished, its utilities shall be safely disconnected. The
Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have
them disconnect the services and remove all meters and equipment belonging to them. Forty-
eight (48) hours written notice must be given the City for termination of their utilities. All piping
and wiring shall be properly terminated. Any costs incurred in the termination of utilities and
services shall be borne by the Contractor.
B. Demolition and clean-up includes, but is not limited to, the removal of all lumber, doors,
windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and the
cleaning and removal of all rubbish, trash or other debris that would inhibit or prevent the
mechanical mowing of said lot and premises.
C. Fill, grade and level with clean fill dirt all depressions in the earth which exist beneath
demolished building(s) or structure(s) and all ruts or other depressions created during the
demolition work when the average depth of such depressions exceeds three (3) inches.
D. Any trees and shrubs designated by the Housing and Development Services will be cut down and
removed from the premises.
E. The grass at the demolition site shall be mowed to a height not exceeding two (2)inches.
F. All sewer lines exposed through demolition work must be cut off within two (2) inches of the
surface to the ground or concrete slab and must be plugged with concrete in such a manner as to
prevent ground water incursion into the City's sanitary sewer system.
G. REMOVAL OF STEPS AND CONCRETE PORCHES
H. REMOVE ALL CONCRETE SIDEWALKS AND SLAB
HAZARDOUS MATERIALS
Materials defined by the Environmental Protection Agency to be hazardous to the environment or
persons, shall be disposed of in accordance with all local, state and federal government
regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor
shall furnish written proof of such disposal.
J. PERFORMANCE AND PAYMENT BOND REQUIREMENTS:
If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the
contract exceeds one hundred thousand dollars (S 100,000) a performance bond is required.
Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one
hundred percent (100%) of the contract price with corporate surety duly authorized to do business
in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and
effective date copy of their Power of Attorney.
K. LIQUIDATED DAMAGES:
Contractor will have to pay liquated damages of$200 per day for each day exceeding the number
of days on the contract.
TEXAS GOVERNMENT CODE
(SECTION 2306.514)
Construction Requirements
Sec. 2306.514. CONSTRUCTION REQUIREMENTS FOR SINGLE-FAMILY AFFORDABLE
HOUSING.
(a) If a person is awarded state or federal funds by the department to construct single-family
affordable housing for individuals and families of low and very low income, the affordable
housing identified on the person's funding application must be constructed so that:
(1)At least one entrance door,whether located at the front, side, or back of the building:
(A) is on an accessible route served by a ramp or no-step entrance; and
(B)has at least a standard 36-inch door;
(2) On the first floor of the building:
(A) each interior door is at least a standard 32-inch door, unless the door provides access
only to a closet of less than 15 square feet in area;
(B)each hallway has a width of at least 36 inches and is level, with ramped or beveled
changes at each door threshold;
(C)each bathroom wall is reinforced for potential installation of grab bars;
(D) each electrical panel, light switch, or thermostat is not higher than 48 inches above the
floor; and
(E) each electrical plug or other receptacle is at least 15 inches above the floor; and
(3) if the applicable building code or codes do not prescribe another location for the breaker
boxes, each breaker box is located not higher than 48 inches above the floor inside the building on
the first floor.
(b)A person who builds single-family affordable housing to which this section applies may obtain a
waiver from the department of the requirement described by Subsection (a)(1)(A) if the cost of grading
the terrain to meet the requirement is prohibitively expensive.
Housing built in accordance with the plans for the 2017 version of 2-3-4 bedrooms, 2 baths,2 car garages
prepared by this office for the City of Port Arthur dated October 21, 2020, when used in conjunction with
outline specifications of the same date, comply with the provisions of the Texas Government Code
2306.514 Construction Requirements for Single Family Affordable Housing.
Signed: c€144)
—Dawn Cock eri(I `13 D
Name Dat
Title: TPrtS iCI errf-
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Company: W -tU e,I
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City of Port Arthur, Texas
Housing AssistancePrograms
TEXAS MINIMUM CONSTRUCTION SPECIFICATIONS
LQ OVERVIEW
The purpose of the Texas Minimum Construction Specifications is to ensure that all applicants
who receive new or rehabilitation construction housing through programs funded by the State HOME
Disaster Program, Federal Community Development Block Grant (CDBG and HOME Investment
Partnerships Program (HOME Program) and Neighborhood Stabilization Program (NSP) live in
housing which is safe, decent and affordable. Furthermore, the Texas Minimum Construction
Specifications should ensure the investment of public and homeowner funds as it is designed to
lengthen the term of affordability and preserve habitability.
However , COPA has the specifications for IRC 2015, IPC 2015, NEC 2015, IECC 2015 and IFC
2015, IMC 2015, ADA 2015 and all such associated codes that shall be complied with in
producing. In addition, the most current specifications, codes, ordinances, regulations and
standards will be enforced.
As applicable, there will be 2 elevation reports required. (1) At the beginning to determine the
base flood elevation and (2) a final elevation report that shows that the residence is at the proper
BFE and that all machinery and equipment are at least lft above the BFE. This is a FEMA
requirement that the City of Port Arthur must have with each location for their audit when asked
for.
2 Q DEFINITIONS AND ACRONYMS
I . Certificate of Final Inspection - known as Certificate of Occupancy.
2. Final Inspection - the last inspection to clear project [release].
3. Electrical -all electrical equipment must be UL listed equipment.
4. Hardware - all hardware must be in operating condition. New keys must be turned
over to homeowner when work is completed.
5. CDBG - Community Development Block Grant of the U.S. Department of Housing
and Urban Development.
6. Home Program - the HOME Investment Partnerships Program of the U.S. Department
of Housing and Urban Development.
7. NSP - Neighborhood Stabilization Program of the Texas Department of Housing and
Community Affairs.
8. IRC - see all associated codes.
9. Notice to Proceed- formal instruction from Contract Administrator or designer.
10. Plumbing-plumbing equipment must be UL listed equipment.
11. Scope of Work- description of City intent or purpose of work.
12. TDHCA - an acronym for Texas Department of Housing and Community Affairs.
13. TMCSS -an acronym for Texas Minimum Construction Standards and Specifications.
14. Work Covered - all new and remodeled construction work in the " work write-up" and
plans.
3.0 THE CONTRACTING PROCESS (for Rehabilitation Projects only)
Substitutions can be used with the approval of the Port Arthur Building Official - UL Listed. The
technology must be updated and the substituted material must be of the same strength.
A month before bids are opened and surveys are completed, Invitation to Bid, Bid Opening, and
Contract Awards are considered.
Bidder must provide the Contract Administrator with the following within 10 days or soon after the
contract is awarded:
1. A list of subcontractors who are licensed and insured with the State of Texas.
2. Certificates of Insurance from the issuing company showing current coverage stipulated in the
contract documents. The Certificate of Insurance must also include a statement to that effect
that a thirty (30) day notice of cancellation of insurance must be given to the Contract
Administrator with the following:
General liability with completed operational coverage of at least one hundred thousand dollars
($100,000).
Plumbing- Minimum $300,000- Electrical - $900,000 - HVAC - As required by State regulations
and in compliance with the scope of work.
a. Vehicle liability insurance (full coverage).
b. Statutory Workman's compensation.
Notice to Proceed -The Contractor will begin work within ten (10) days of the issuance of the Notice to
Proceed (unless otherwise stipulated).
The number of work days must be set out in the contract.
If work is not finalized by the City Inspector or flaws are observed (48 hours to correct) upon
completion of the work and acceptance by the Contract Administrator and the homeowner; the
Certificate of Final Inspection and verification is issued and the Warranty Period begins.
Thirty (30) days after the issuance of the Final Inspection and verification , all retainage, "money or
forms of payment towards completion fees of inspection ", is released to the Contractor, except in cases
where it is determined that the retainage should not be released.
4_0 COMPENSATION
Payments are made when the project reaches 40% or 80%, and 100% upon completion of inspections
and at thirty(30) days after the Final Inspection and verification is issued.
All requests for payments will be made as follows:
The Contractor will submit in writing to the Contract Administrator, a list of items, their costs, and a
sum of the item costs for work to be paid. This will be based on completed items only from the schedule
of values submitted by the Contractor prior to construction, or the Itemization of Bid Form if no
schedule is submitted.
The Contract Administrator will inspect such work as soon as possible (usually within one (1)business
day) from receipt of such request by the Contractor.
The Contract Administrator will provide a completed Progress Payment form for signature to the
Contractor for work for which payment is authorized.
The Contract Administrator will then request the homeowner to execute the Progress Payment form.
The Contract Administrator will normally pay the Contractor within ten (10) calendar days from the
date of the owner's signature. Payment will be issued based on the Contract Administrator's Financial
Department's pay day schedule.
All work must be done by licensed, insured contractors and accomplished with care and m a workmanlike
manner.
All materials must be new (unless otherwise specified in the Project manual) and of a good quality.
Product Submittals — contractor must provide samples to the Homeowner for selection for all materials
as cited in the individual specifications and provide reasonable time to the homeowner to make
selections. Contractor must provide written submittal with the homeowner's signature of approval to the
Contract Administrator. Items to be submitted for approval: paint, flooring materials, brick, shingles,
color of vinyl siding, counter tops, appliances or any other item which can be selected according to style,
color or other factor but not affecting the price or quality of such item.
5_0 PROJECT CLOSE-OUT
Remove all construction debris from the site daily. Clean and mop all resilient floors. Clean all new and
existing paint from other finished surfaces including window glass and mirrors.
Operating Items: Leave all newly installed items in operating condition, light, gas, water heater pilots,
and gas heater pilots, all systems should be ready to start
Preparation of Structure: Prepare structure for homeowner's occupancy.
Utilities: Use existing or provide at Contractor's expense if existing is insufficient. Homeowner must
provide all existing utilities as is and must be responsible for continuous maintenance and payment of
existing utilities. Contractor will be responsible to determine utility needs to provide adequate sanitary
facility and to safely operate equipment at all times on site.
Unforeseen damage or Change in Scope of Work: Discovery of defective elements made known to the
Contractor before or during the construction process must be brought to the immediate attention of the
Contract Administrator in writing. When repairs are made, the repairs must reasonably match the
surrounding materials in original design and dimension as approved by the Contract Administrator.
Where additional work is necessary to make repairs or to correct unforeseen dangerous conditions, the
Contractor must submit to the Contract Administrator a work write-up of the work, cost of such work,
and the time necessary for such work. Unless it is determined there exists an immediate health and
safety danger, NO WORK MUST BE AUTHORIZED until agreed upon in writing by the homeowner,
Contractor, and Contract Administrator. Compensation for additional work will be negotiated in the
following manner:
1. The deletion of work proposed, but not started; or if that is not possible;
2. An increase to the dollar amount of the contract, however, approval of such increase require
the homeowner, contractor Contract Administrator, and State of Texas HOME program
written approval.
3. Additional work- no other work must be done to the project other than the work agreed upon
in writing by the homeowner, Contract Administrator and contractor or as necessary to
remove immediate health and safety dangers during the construction phase.
lQ THE JOB SITE
At the job site the contractor must obtain and display all permits and inspection tags as required by the
local Inspection Department.
The Contractor must use the site and its facilities only for the construction stipulated in the "work write-
up". The electrical, sanitary waste, water, and gas systems must be used only for construction purposes
and during the construction phase or during warranty work.
Any discrepancy in the contract documents must immediately be brought to the attention of the Contract
Administrator.
All contractors must display signage upon vehicles as state law requires.
All contractors must be licensed and insured with the City of Port Arthur, and in line with State Boards
of Licensure and Contracts.
7_0 SITE WORK
7_1 Materials:
All on-site "fill" material must be soil or soil rock mixture which is free of organic matter or other
deleterious substances. It must contain no rocks or lumps over 6 inches in greatest dimension , and not
more than 15%must be larger than 3 ft 9 inches in greatest dimension.
Imported "fill" material- must conform to 2.1 but must have tt maximum particle size of 2 inches in
greatest dimension.
Fill must have a plasticity index (PI) of 12 or better unless placed under a foundation in which case the
PI should be 2. (The plasticity index (PI) is a measure of the plasticity of a soil.)
Z Methods;
Exterior: The site must remain in a clean and neat condition at all times and at the end of the project
must be cleared of all material, trash, and debris. Planting of grass must not be permitted until all clean-
up is complete.
Demolition: Debris and structures must be removed completely from premises and site must be leveled
and clean so as to prevent the ponding of water.
Excavating: Excavate to grade specified in the drawings. Where excavations are not shown in drawings,
excavate as required form installation. Depressions resulting from removal of site obstructions must be
filled as necessary to level site to original or specified grade with minimum of 60/40 mixture of sand.
Sub-grade preparation: Clearing, scarifying, and re-compaction must be completed as specified, if not
specified it must be completed as required for installation.
Structural fill must be compacted to 98% and in line with shop drawings.
Paved areas must have a minimum of 6 inches of"fill" compacted to90%.
$Q CONCRETE;
8_1 Materials:
All concrete must have minimal-28 day compression strength of 3500 psi with a maximum slump of 6
inches.
All reinforcing steel must comply with ASTM designation A 615 Grade 40, and must be clean and free
of rust.
All welded steel wire fabric must comply with ASTM designation A 185. Concrete
must not be placed over grass, roots, or foreign materials. All Portland cement must
comply with the requirements of ASTM C150, CSA A-5, or AASHTO M85.
Cement used at or below grade must comply with the requirements of Type 1.
Cement used above grade must comply with Type 1."Fill" dirt must be clean,
compacted, and free of harmful materials.
All materials used for concrete forms must be sound and clean and must be removed after the concrete
reaches final set. Voids and honeycombed surfaces must be filled with cement grout.
All concrete is to be poured when the temperature is at forty degrees Fahrenheit (40 F) or above and
rising. If the surface temperature is over ninety degrees Fahrenheit (90 F) steps to cool the surface such
as watering will be taken as required
12 Methods:
Piers and Pads
• Piers must be solid, monolithic, reinforced concrete with minimum dimensions of 8 inches x 8 inches
x (d+4 inches). (d= distance from bottom of sill to existing ground surface - minimum of 12 inches).
If pier is placed on pad, minimum dimension must be 8 inches x 8 inches x d. Termite shields are
required, 8 inches x 8 inches x 16 inches hollow concrete with gauge 14 strap wind storm approved.
Seal empty cells with concrete 2500 psi.
• Pads must be monolithic concrete pad, 16 inches x 16 inches x 4 inches. They must be set on firm
prepared soil below existing ground surface, 24 inches x 24 inches x 8 inches, minimum of 1 inch
below natural ground; must be secured to the blocking with minimum 3# rebar. Termite shields
required.
• All piers must have termite pans.
Steos
• All steps must have treads, minimum of 10 inches and a maximum rise of 7 inches. They must span
full width of door opening or they must be minimum 36 inches wide at porches.
• Pre-cast steps must be standard size with no defects. They must be set level with concrete bases under
each corner. When set, the rise from the top step to the wearing surface must be the same as the rise
for the steps or be in the wearing surface plane.
• Hollow poured steps must be formed and poured over an 8 inch x 16 inch footer. Wall thickness must
be a minimum of 4 inches. The treads must be broom finished.
• See attachment on stairs,patios,decks, for flood prone areas.(FEMA Requirement)
Slab on Grade
• All concrete slabs must be poured monolithically and be a mmlmum of 4 inches thick. Reinforcing
must be 6 inches X 6 inches , # 6 Welded wire fabric unless otherwise specified. Top of slab poured
on existing grade must be a minimum of 1/2 inch above surrounding soil level. All slab designs and
executions must concur with the requirements of the International Residential Code 2006.
• Before concrete is poured, a slab inspection must be requested from the Contract Administrator and
then must pass inspection. All slabs and driveways must meet Contract Administrator codes and be
inspected.
• Walks must be poured monolithic to expansion joints. Reinforcing must be 6 inch x 6 inch, # 10
welded wire fabrics. Width must be a minimum of 36 inches wide with a broom finish. Control joints
must be spaced the width of the walk. Expansion joints must be spaced at a maximum of 20 ft. at all
radius points, elevation changes (i.e. steps, porches, etc.) and at back of curb. Expansion joint
material can be 1/2 inch asphalt impregnated material or 1/2 inch redwood. Slab thickness must be a
minimum of 4 inches.
• Driveways must be monolithic poured slab with a broom finish and a minimum thickness of 4 inches;
Reinforcing must be 6 inch x 6 inch # 10 welded wire fabrics. The slab will be poured on a 2 inch
sand cushion (compacted). Expansion joints will be spaced a maximum of 20 linear feet not to exceed
30 sq. yards in one block. Expansion joints will be used at all radius points, sidewalk intersections,
and house slab tie-ins . Expansion joint materials can be 1/2 inch , asphalt impregnated material or
1/2 inch redwood.
• Exterior beams must have a minimum width at top of beam of 18 inches , and may taper down to 14
inches at the bottom. Exterior beams to have a minimum of 4, #5 (5/8 inch) rebar' s,two
(2) at the top and two (2) at the bottom, set on 3/8 inch stirrups or #6 wire mesh cut to fit.
Exterior beam must extend a minimum of 6 inches into undisturbed soil. Exterior beam must be a
minimum of 24 ft. in height.
• Interior beams must be minimum of 18 inches, in height and should have two #4 (1/2 inch) rebar's
side by side 6inches, off bottom of beam set in 3/8 inch stirrups or#6 wire mesh cut to fit at 3 ft. 0/C.
Interior beams width to be 16 inches in width at top and may taper to 8 inches at bottom. #4 Rebar is
to have a minimum lap of 12 inch es. #5 Rebar to have a minimum lap of 15 inches. Interior beam is
to extend 3 inches below undisturbed soil.
• All slab and beam specifications listed here must be used unless the Contract Administrator's
Building Code requirements or specifications exceed these specifications. All slab designs and
executions must concur with the requirements of the Southern Building code.
Concrete Porches
• All porches must be poured monolithically over select sand "fill", and cement porches must be
leveled.
• Exterior beams must be a minimum of 12 inches in height with 4, #4 rebar set in 3/8 inch, stirrups or
#6 wire mesh cut to fit at 3 ft. 0/C. Beam width to be a minimum of 14 inches at top and may taper to
10 inches at bottom. Lower two rebar to be a minimum of 3 inches off bottom. Beam to extend a
minimum of 6 inches below undisturbed soil. Galvanized flashing to be used if wood is to be in
contact with concrete.
• Pour 1 inch below door sill or as noted and slope 1/8 inch per foot to provide drain.
Footings
• Footings must comply with International Code Council (ICC) for size and reinforcement. When the
surrounding soil is not sufficiently strong enough to hold the concrete until final set, forms must be
constructed instead.
9_0 FOUNDATIONS
9_1 General Specifications:
Leveling must be done in such a manner as to be permanent and must be completed before other work
begins.
New posts must be concrete piers or decay resistant, treated wood posts for ground contact, or of a
decay resistant species.
Allowable spans between piers or posts for a 4 inch x 4 inch sill - 5 ft. on center or for a 4 inch x 6 inch,
sill 7 ft. on center.
Cedar posts and shims must be treated to prevent rot and deterioration.
When leveling, grades must be established from existing concrete porches, fireplaces and chinmeys.
When leveling is complete, doors, windows , and openings must be reasonably plumb, level , and fully
operational.
Correct over spans by installing stringers and/or floor joists. Stringers are to be placed on concrete pads
and piers.
All sills must have 12 inches minimum clearance above the ground when leveling is to be done unless
otherwise specified. Warranty
Skirting
• Cover indicated area with galvanized weatherboard metal foundation skirting fastened with self
tapping sheet metal screws. Vinyl is required in areas of A or V Flood Zones.
• Skirting must extend 4 inches below and at least 18 inches above grade and be lapped and fastened
under siding on the same horizontal line of the entire wall or side of building.
• Skirting must have ventilation openings a minimum of 4 ft. from each corner, and no less than every
8 vent openings should be covered by louvered screened vents, and should be a minimum of 50
square inches.
• Creep-hole Door must be hinged and be constructed of such material to conform with foundation
skirt, and must be of adequate size for entrance into crawl space. (minimum 16-inch x 24 inch per
IRC 2006 R408 .4).
• PVC, fabric, mesh, and all other materials shall be to ANASI requirements.
Foundation Drainaae
When existing grades or excavations allow water to accumulate under the structure, a drainage ditch
must be dug so water must drain away from the house. Ditch must be located as per individual
specification. Open ditches which constitute a tripping hazard must be replaced with French drains.
French drain will be constructed of 6 inch perforated PVC drain field line and installed in a ditch at least
12 inches in depth and 8 inches wide. The ditch will be back filled with P gravel and the drain line
protected with fabric mesh. The drain line must be placed at least 2 inches above the bottom of the ditch
and centered to allow gravel to surround it. Discharge must be a minimum of 10 ft. from the closest edge
of the structure and at least 10 inches below the grade level of the structure. Whenever possible,
foundation drainage problems will be corrected through regarding , filling, compacting and planting of
surrounding area. French Drains are not allowed in Port Arthur, only American drains.
• Drainage is not allowed to drain on to someone else's property.
1Q,Q MASONRY
10.1 Materials:
1. Portland cement: ASTM C150. Typel
2. Masonry Cement: ASTM C 91
3. Aggregate: ASTM C 144
4. Brick: Facing brick ASTM C 216-71, grade MW, type FBS
iL.Z Methods;
Do not install cracked, broken, or chipped masonry units.
Lay masonry units plumb, true to line and with level courses accurately spaced within allowable tolerances.
Adjust masonry units into final position while mortar is soft and plastic.
Lay masonry units with full mortar coverage on horizontal and vertical joints.
Provide weep holes in head joints in first course and immediately above all flashing. Maximum spacing is
33 inches.
Attach masonry veneer to backing with metal veneer ties. Use at least one tie per 4 square feet of veneer.
Brick ties 16 inches o-c required, requires inspection.
Dry brush masonry surface after each day's work. Scrub with acceptable cleaning agent.
11,.Q WOOD AND PLASTICS
lid Materials:
All lumber must be identified by the appropriate grade stamp.
All new or replaced wood in contact with concrete, earth, or within 12 inches of ground level must be
pressure treated or womanized lumber, or lumber with natural resistance to decay.
Bridging must be #2 yellow pine or fir, graded and stamped as such. (fir in non-load bearing areas only)
12,2 ROUGH CARPENTRY
12.1 Methods:
All lumber must be fastened as detailed in IRC 602 and all Tables of the International Residential Code
(IRC) 2006.
All framing must be constructed to comply with the International Residential Code (IRC) 2006, and any
local ordinances and specifications provided. Framing must also be 120-130 mph wind speed and wind
storm protection.
1a+Q FLOOR FRAMING
• Minimum allowable spans for floor joists are:
Size Spacing Max. Span
in X 6in 16 in oc 9FT11 in
in X6in 24 inoc 8FT8 in
in X6in 16 in oc 13FT 1 in
in X 6in 24 inoc 11Fr 5 in
• All new or replaced floor joists must be supported at their extreme ends by either a 2 inch x 4 inch
ledger or metal joint hanger. Toe nailing only will not be acceptable . Splicing of floor must be
properly reinforced (bridging). Ledger must be the nominal size as the joists its supports and lag
bolted to the structure.
• Remove deteriorated floor joints and replace with new joints of same dimensions .
• All sub-floor must be 1 inch, nominal dimension or not less than 5/8 inch , exterior grade plywood
(with 15 pound felt paper moisture barrier) joined over a joist or solid bridging except when using
end match lumber.
14,Q WALL FRAMING
Studs must be spaced a maximum of 16 inches , on center with double top plates and single bottom plate.
Double studs must be provided on each side of openings exceeding 3 ft. width and triple studs where
greater than 6 ft. . . .
All windows , doors, and arched openings must have double headers 2 x 6 minimum. Where the openings are
less than 6 ft. width, the header must be supported by one cripple stud at each end. If the span exceeds 6 ft.
then it must be supported at each end by two cripple studs. (Headers must have 1/2 inch spacers).
• Maximum-allowable span for double headers are as follows:
Size
Span
2m X 4m(not allowed by IRC) 2 FT 6 in
in X 6 in 6 FT Qin
in X 8 in 8 FT Qin
• Unless plywood (4 ft. X 8 ft. X 1/4 inch, CDX) grade sheathing, or other approved materials is used for
bracing, new corner posts on exterior wooden walls must be diagonally braced with a 1 inch x 4 inch
x No. #2 grade lumber let in at each corner from the bottom to the top plate or galvanized metal corner
brace. Entire exterior wall is required to be sheathed.
• To repair walls, use lumber of such dimension as will allow the finished surfaces on both sides of the
wall to be smooth and continuous.
• Posts for porch framing must be SPF 4 inch x 4 inch womanized lumber, or as specified in project
specifications. Wind storm approved fasteners are required at top and bottom of post.
15.0 ROOF FRAMING
Sufficient bracing must be installed to remove and prevent reoccurrence of swag, and to maintain a true
and even plane.
Collar beams must be installed on upper 1/3 of rafter pairs, and ridge board must be placed on every 3
pairs of rafters.
Purlins must be installed perpendicular to rafters to allow bracing to load bearing walls and to remove
and/or prevent reoccurrence of swag.
Load bearing wall rafter supports must be installed along purlins to even roof rafters to one another in
such a manner as to provide the decked roof surface to be in a true and even plane.
Ceiling joist strong-backs must be installed to support existing 2 inch x 6 inch ceiling joists. The strong-
back must be a minimum 2 inch x 6 inch fastened to 2 inch x 4 inch. Unit is to be set and fastened along
middle of joist span and ends must be fastened at top plate of nearest wall.
• Maximum allowable spans for ceiling joists must be as follows:
Size Spacing Max. Span
in x 6L7 16 in oc 14FT 4"
in X6in 24 in oc. 11 FT10 in
in x 8 in 16 in o.c. 13FT9in
is x 8 in 24 in o.c. 15FT 4in
in x 10 in 16 in o.c. 22FT 2"
in x 10 in 24 in o.c. 18FT1in
• Ceiling joists must be continuous or may be joined together over a partition to provide a continuous
tie across the structure.
• All damaged or deteriorated rafters and all connecting boards must be removed entirely and splicing
must not be permitted.
• Barge rafters must be installed on every gabled roof(to be same size as rafters).
• When rafter tails are to be replaced, they must be cut back flush with exterior siding. New rafter tails
must be scabbed on 2 ft. on existing rafter and of same dimension as existing.
• When a ridge board is required, it must be a minimum of 1 inch thickness and not less than 1 inch in
depth than the cut end of the rafter it joins (one size larger than rafters to be used). Ridge board must
be 2x8 minimum , lx is not allowed by International Residential Code (IRC) 2006.
• New decking must be 1/2 inch, CDX grade plywood or 5/8 inch OSB using spacing clips for rafting
spacing up to 24 inches o.c. allowing at least 1/ 8 inch clearance between seams.
• Repair decking must match existing decking in dimension and design, except if design was
substandard or flawed(damaged).
• All roof overhangs must be a minimum of 12 inches extending horizontally out from house wall, to a
maximum of 18 inches.
• Engineer-designed trusses may be used in lieu of conventional framing.
• 2 inch x 4 inch bracing must be cut into last two rafters and nailed to barge rafters (4 ft. per gable).
16.0 MILLWORK, CABINETS AND TRIM
16.1 Materials:
Trim materials must be of select grade of white pine or equivalent. Cabinet plywood must be of A grade
or equivalent (paint or stain grade as per specifications) . Pine or fir plywood is not permitted for
cabinets.
Finger jointed material must not be allowed on surfaces to be varnished.
Cabinets:
• Face frames must be made of 3/4 inch A grade birch, oak or ash plywood. End panels and bottoms
must be 1/2 inch, plywood. Cabinet backs and tops must be 3/8 inch, medium density particle board
with filled bull nosed edge.
• Doors must be 3/4 inch A Grade birch, oak or ash plywood, trimmed with lip mold and in line with
ADA regulations.
• Drawer fronts must be same as doors. Sides, panels, and bottoms must be of 3/8 inch plywood.
• Factory built cabinets must have plywood or solid wood fronts. Particle board is not permitted.
Cabinet hardware must include the following:
1. Drawer suspension must be self-aligning three (3) points nylon roller suspension.
2. Drawer and cabinet pulls must be antique brass finished or wooden and properly fitted for ease of
use.
Countertops;
• Countertop must be light colored roll front, roll back, preformed, laminated countertop, or as per
project specifications. Contractor is to provide homeowner with a minimum of three selections.
• Finished work must be finished smooth, non absorbable and easily cleanable, free from machine or
tool marks , abrasions, raised grain, etc., on exposed surfaces, and must be machine sanded and hand
dressed to a smooth finish.
• All molded members and trim must be mitered or coped at corners.
• All measurements and dimensions must be verified by the contractor at the job.
• Nails must be countersunk and filled.
• Cabinets must be set level.
• All joints must have countersunk nailing and glue.
• Factory built cabinets must be installed as per plans and specifications or as factory specs dictate.
• Countertop must be light colored roll front, roll back, preformed, laminated countertop, or as per
project specifications . Contractor is to provide homeowner with three selections.
interior Trim:
• Door trim must be H trim with mitered corners and installed with a 1/8 inch reveal, or specified trim.
• Window trim must be SPF lumber. Window stools must have mitered bull nosed front end.
• Coiling trim, where needed, must be 1-1/4 inch cove mold with mitered joints and corners.
• Baseboard and shoe mold baseboard must either be a base mold, or where adjoining existing base,
SPF lumber.
• Shoe mold must be required in every room where sheet vinyl or hard wood flooring exists or is
installed.
• Wall trim must be used where paneling butts corner or where a wall is in two different planes. Wall
trim for paneling must be stain grade inside or outside corners. For all others use materials as
necessary.
17.0 EXTERIOR SIDING AND TRIM
17.1 Materials:
Exterior sheathing must be one of the following:
1. Wood boards or sheathing panels 5/8 inch thick (no plywood).
2. Hardboard over studs 16 inches or 24 inches on center, 5/8 inch thick.
3. Hardboard over existing siding 3/8 inch,thick.
4. Cement board Lap Siding on studs 16 inches , on center.
If sidine is not replaced.it must be:
1. Wood siding not less than 5/8 inch unless installed over sheathing. All siding must be "C" grade or
better, free from loose knots and splits.
2. Plywood must be of exterior grade and must have thickness of 5/8 inch .
3. Matching existing as required.
All siding replacement must be of conforming pattern, type , and color. If unable to match, entire structure
must be painted to make color uniform.
Exterior trim must be preservative, treated , wolmanized lumber where contact with water is likely.
Otherwise lumber used must be#2 yellow pine.
Building face brick must be of gas fired solid clay shale units. Structural clay tile, concrete masonry
units, and stone must comply with FHA specifications , Section 703.
All fasteners must be non-corrosive nails.
All new exterior siding must be completed with material of like quality over 15# felt paper. Repair of
trim must be done with "C" grade material.
Repair of siding must be done with material of like quality over 15# felt paper. Repair of trim must be
done with "C" grade material.
IZ Methods:
Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding. Vinyl
Siding must be installed per manufacture's specifications.
Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding.
When new siding is placed over existing, the existing siding must fully cover the wall to supply an even
surface for application of new siding . Fasteners must be long enough to penetrate into the existing
structural members at least 1/2 inch. A moisture barrier(building felt paper) must be used directly under
new siding.
New siding - If panel siding is used all joints and panels must fall on center of framing members. For lap
siding start application by fastening a wood starter strip (3/8 inch x 3/8 inch) along bottom edge of the
Sill. Level and install first piece of siding so that bottom edge is at least 1/8 inch, below the starter strip.
Fasteners must be 3/4 inch up from the drip edge of the siding. Butt edges must occur only at stud
locations. Minimum overlap of course must be 1 inch. No siding may be placed closer than 6 inches to
the exposed earth.
Roof trim;
• Fascia must be installed on wood band nailed to rafter tails and must be wider than the cut of the
rafter.
• Soffitt must be 1/4 inch all grade exterior plywood installed to rafter (when specified).
• Frieze board must be installed at top plate of wall and extend to decking of roof and fit tightly
between rafters (no gaps).
Posts and handrails;
• Columns must be a minimum 4 inch x 4 inch dimension and be treated lumber.
• Handrails must be wolmanized treated lumber.
• Porches must be constructed of treated lumber and porch flooring must be made of 4 inch x 4 inch
wolmanized or treated lumber, rough cedar, or#2 yellow pine, with corrosive resistant nails.
• Exterior door and window trim must be wolmanized treated lumber rough cedar or#2 yellow pine: with
corrosive resistant nail s. Gaps must be only large enough so that caulking will be sufficient to fill.
1$.Q )NSULATION
Must be in line with ICC, IBC, and IRC.
1 Materials:
Exterior wall insulation: provide foil or paper faced glass fiber batts having a thermal resistance "R"
value of at least R-13.Defaced wall insulation is strongly suggested.
Blown insulation is acceptable but should have proper fire retardant and be placed above and below fire
blocking.
Ceiling insulation: provide foil or paper faced glass fiber batts having a thermal resistance "R" value of at
least R-30.
R factors must be the following:
• Ceiling: R-30
• Wall: R-19
• Floor:R-13
18.2 Methods:
Install all insulation according to manufacturer's instructions unless otherwise specified.
19.0 ROOFING
19.1 Materials:
Install minimum 220 pound equivalent fiberglass seal tab Class A fiberglass composition shingle: (20
year warranty) according to manufacturer's directions. Homeowner is to choose one color from three
choices (to be light colors only).
Fiberglass shingles have class A label. Asphalt
shingles should have a Class C label. Felt should be
151b. 36 inches wide.
19.2 Methods:
All roofing must be applied in accordance with the International Residential Code 2006. Unless
otherwise specified, all old roof covering, whether composition, wood, or built up, must be removed
prior to installation of new roof.
All defective, rotten, or missing sheathing, overhangs, rafter ends, and fascia must be replaced.
There must not be any voids or obstructions in the sheathing, and knotholes must be covered with sheet
metal.
All roofing must be done in accordance with the manufacturer's recommendations, and installed in such a
manner to prevent any leaks.
20.0 COMPOSITION ROOFING
Attached with felt nails in 15#felt paper overlapping rows 4 inches.
Metal Roofina:
• Metal roofing must be installed using a starter strip on barge rafters and indicated sections must be
roofed with 5 "V" crimp metal roofing and FHA type metal drip edge.
• Fasteners must be lead head nails.
built-up Roofina:
• For built-up roofs, nail one ply of 30# felt. MOP two plies of 15#felt. Apply hot mopped tar and
gravel,properly spaced to create a uniform and durable roof.
Flashina:
• All flashing and valley material must be standard grade 26 (zinc coated G90).
• Valley tin must be " V"trough valley flashing (minimum 24 inches wide corrosion-resistant metal).
• Galvanized or aluminum turbine vent, minimum of two.
• All old valley flashing must be removed.
• Shingles may be trimmed to allow 4 inches trough or may be laced over flashing.
• All flashing must be installed only after all felt paper is in place.
• Gables and eaves must have galvanized drip edge.
• When the rake of a roof abuts a vertical wall, stepped metal flashing must be applied over the end of
each course of shingles.
• All pipes projecting through the roof must have metal stack flashing or neoprene rings.
Areas in Flood Plain;
• Areas in flood plain when elevated shall be accounted for as part of bid package and other eligible
drainage shall be assumed at this point, as construction of property does not interfere with
surrounding land or structures.
21,2 DOORS
21.1 Materials:
• All newly installed exterior doors must be 1-3/4 inch, solid core units. They must be drilled for a
lockset and deadbolt. Minimum of one 36 inch door.
• All interior doors must be hollow core mahogany with a minimum thickness of 1-3,8 inch and must be
cored for a lockset. Bedroom doors shall be minimum 32 inches.
• Storm doors must be of extruded construction with a minimum thickness of 1 inch x 2 inch fluted
stiles, a 2-1/2 inch wide extruded aluminum solid push bar, heavy duty kick plate, furnished with
18/16 inch aluminum mesh wire. It must be equipped with a pneumatic closer, a catch latch, and
hung on a matching factory built frame.
• Wooden screen doors must be of select preservative treated Western Ponderosa Fine, with dowel joint
construction and furnished with 18/16 inch mesh aluminum screen wire, minimum thickness 1-1/8
inch.
• Pre-hung units must have a frame made of 3/4 inch material with a properly plowed jamb to receive 1-
3/4 inch or 1- 3/8 inch doors. A pre-hung unit must be equipped with the door panel,jamb, and all
trim.
2L2 methods;
,Exterior Doors:
• Pre-hung exterior doors must be installed plumb and level. Door panel must not be trimmed or
manipulated in any fashion and must swing free and easy.
• When a panel is to be inserted into an existing frame, the door opening must be level and made
capable of holding the new door. Recommended clearance from the door edge to the jamb is 3/16 inch.
The door must not be trimmed or manipulated in any fashion and must swing free and easy.
• Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance with
ICC or IRC in use. If missed, windows on either side of door shall be installed.
interior Doors:
• Pre-hung units must be installed plumb and level to insure proper operation. Bottom of the door may
be cut off to allow proper ventilation and operation.
• When a panel is to be inserted into an existing frame, the door opening must be level and made
capable of holding the new door. Recommended clearance from the door to jamb is 3/16 in. The
panel must be cut off to allow proper ventilation and operation.
• Bi-folding or louvered bi-folding doors must be used where specified. They must have four panels
and have pulls attached to the outside two. They must be installed plumb and must fit evenly and
snug between butted panels.
• Pre-hung wooden doors vented a minimum of 100 square inches,top and bottom, must be used on gas
water heater closet door openings. Door must be installed plumb and level for proper operation.
• Must be in line with ICC, IRC, and IBC.
• Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance with
ICC or IRC in use. If missed, windows on either side of door shall be installed.
Storm Doors:
• If mounting surface is rotten or in any manner deterio rated, it must be replaced.
• Storm doors must be installed with screw fasteners and must be caulked and well fitted.
22,2 WINDOWS
All windows are required to be Low-E type, High Impact per IRC 301.2.1.2 and IRC R 613.7
22,1 Materials;
Wooden replacement units must be constructed of "S" or "T" stiles, check rail, or plain rail. Material
must be preservative treated Western Ponderosa Pine Minimum thickness of 1-3/8 inch.
Aluminum units must be constructed of heavy gauge extruded aluminum sections (min. thickness
.062). Exposed surfaces of all aluminum must be extruded of first class material with no serious defects
or blemishes. All joints must be neatly fitted, secure, and water tight. Windows must have standard
screens over movable part of window.
Aluminum screens must be removable. Screen frames must be minimum 3/8 inch x .020 gauge wire with
8-8x 16 inch mesh aluminum screen wire. Vinyl spline must be used to hold wire in screen frame.
Wood screens must be made of 3/4 inch material; header and sides must be a minimum of 2 inches in width;
base must be 3 inches wide and must be properly doweled at joints; and screen wire must be 18 inch x 14
inch mesh.
22,2 Methods;
Repairs:
Jiew Windows—Most Current IECC Code
• If new windows are to be insta lied, the installation area must be cut and the window installed on the
same day. Leaving the site secure and the window in operating and locking condition at the end of
the day.
• All interior and exterior gaps,joints, or mating surfaces must be caulked to prevent air infiltration.
• Windows must be installed plumb and level to ensure proper operation with no "sticking".
Storm Windows;
• Storm windows must be attached to the existing window frame or trim. If mounting surface is
deteriorated, rotted, or of inferior quality, it must be replaced. Storm windows must enhance
weatherization. At no time will storm windows be installed to rectify air leakage or other
deterioration of existing window. Standard shall be in accordance with ICC and IRC warranty item.
as HARDWARE
23.1 Materials:
Door locksets must meet industry standards. Entrance locksets must all be keyed alike with deadbolts.
Deadbolts must be installed on front and rear entry doors, and must be finished in antique brass. All
brands must be approved by the Contract Administrator.
Interior Doors - All bathroom and bedroom doors must have privacy. All other doors must have passage
locksets .
23.2 WALLBOARD
25.0 Materials:
Gypsum board must conform to Fed. Spec. SS-L-30 type III, class I style 3 and must have been tapered
joint gypsum board (thickness 1/2 inch on walls and ceilings). 5/8 inch grade X wall board will be used
for fire-retardant requirements. Moisture resistant "green board" will be used in wet locations such as
bathrooms.
Paneling must be smooth without blemish 1/4 inch thick and finished according to individual
specifications.
Perforated tape mix installation must comply with the recommendations of the manufacturer.
Temperature must be 55 degrees Fahrenheit or above in the area it is being applied until the cement is
completely dry.
5 j Methods:
Gypsum Board - Ceiling:
23.2.1 Fasteners must be spaced as follows:
Spacing Size Type of Nails
7 o.c. jz'm 1% m flathead
6 o.c 5/s in 1 7/s in
flathead
23.2.2 Nails must be driven with their heads perpendicular to the face of the board and seated below
the surface of the board without breaking the paper(screws must comply with the same above).
23.2.3 The board must be cut to fit with tapered sides butting and ends butting.
Where possible end joints must be staggered.
Gypsum Board -Wall:
• Fasteners must be spaced as follows:
Spacing Type of Nails
i,2 in 8 in. o.c. 1 1/4 in
flathead
1:4 in 8 in o.c. 1 7/8 in
flathead
ss 7 in o.c. 1 7/8 in
flathead
• Nails must be driven with their shanks perpendicular to the face of the board and seated below
the surface of the board without breaking the paper.
• The board must be cut to fit with tapered edges butting and ends butting, where possible joints
must be staggered.
• Screws shall be type S or Wand be sufficiently long to penetrate wood framing not less than
3/8 inch (IR 702.3.6).
24s DRYWALL
Drywall Repair:
• Must be accomplished with the patched gypsum board of the see dimension as the original board to
leave the patched area in plane with the surrounding drywall finish. Tape, float, and texture are to
match existing wall finish.
Tape and Float;
• Over joints, the tape must be embedded in cement and covered with a thin layer of cement. A second
and third coat must be applied with each coat feathered and extended beyond the previous coat by 2
inches. The finish coat must be sanded lightly and any imperfections filled in prior to any painting or
decorating.
• Cover nails with three (3) applications of cement allowing time to dry between each coat. The final
coat must be sanded lightly before application of paint or other decoration.
• Inside comers must be reinforced with tape embedded in cement, finish as specified "over joints."
• Outside corners must be protected by wood molding, metal molding, or metal corner bead
reinforcement. Metal comer reinforcement must be finished as specified "over joints" with two coats
of cement.
• Texturing Ceilings must be stomped and dragged. Walls must be lightly textured, for repairs texture
should match existing .
25,Q FLOORING
Bathroom underlayment must be 5/8 inch CDX exterior grade plywood over a 30 pound felt paper vapor
barrier.
All other floors must have 5/8 inch,plywood installed with vapor barrier as in bathroom; floors must be
smooth and even throughout structures.
If hardwood flooring is to be installed sub-flooring must be 5/8 inch CDX plywood.
Vinyl Asbestos tile must be 12 inch x 12 inch x square and 1/8 inch thickness homogenous type as
approved by the Contract Administrator.
Sheet vinyl must be of 12 millimeters. Floors in bath and kitchen must have waterproofed cover.
Homeowner must choose from one of three choices provided by cContractor
Carpeting must be of durable quality nylon fabric with jute backing and meet or exceed current FHA
specifications, and must be a 24-28 oz. face weight carpet with continuous nylon filament.
Zfs Flooring;
Vinyl Floor Coverina:
• Floors to receive vinyl must have all foreign material removed from surfaces and all holes must be
filled. Nails must be countersunk.
• Installation must be done with manufacturer's suggested adhesive. No joints must be permitted. The
vinyl must be fitted with no gaps showing at walls, door openings, or trim. Full cover must be
achieved. At doors or other areas of joining, metal strips must be installed to protect floor covering.
Caroet:
• Sub-floor must be free from holes and foreign material. Nails must be countersunk.
• Installation must be accomplished using tack strips and carpet must be stretched and then attached to
tack strips.
• Carpet must be installed on 3/8 inch composition pad. (FHA Standard)
Laminate:
• Flooring will be Laminate PIanks that are FHA approved.
2LQ PAINTING
azd Materials:
All paints must be new, sealed in their original container and carry a manufacturer's warranty.
Exterior paint must carry a quality of no less than a 15 year warranty.
Interior paint for walls, ceiling, and trim must carry a quality of no less than a 10 year warranty.
Caulk to be minimum 20 year warranty acrylic latex.
al Methods;
All work must be done by skilled mechanics and must be uniform in appearance, of approved color, smooth
and free from runs, sags, skips, and defective brushing.
Paint must be well mixed, not settled, badly caked, or thickened in container. It must be readily broken up
with a paddle to a smooth consistency and have easy brushing properties.
Paint must be readily mixed.
Installation rate must be no higher than the manufacturer's suggested rate of coverage. All paint materials
must be delivered in original unopened containers, with labels and tag intact.
Paint must be allowed to dry hard between coats, as per manufacturer's recommendation. Full coverage is
required.
When color, wood grain, stain, or undercoat show through the final coat of paint, the work must be covered
by additional coats until the paint is uniform in color and appearance and coverage is completed.
Make edges of paint adjoining other materials or colors sharp and clean without overlapping.
All cracks and joints must be completely sealed with caulking compound (both interior and exterior).
Caulking compound must be delivered to the job in manufacturer's unopened containers.
Hardware, accessories, and fixtures must be removed and protected during painting and replaced afterwards.
All work must be protected from damage by use of drop cloths.
Spray painting is allowed only where indicated by individual specifications.
At completion of all construction of the job, all damaged surfaces must be touched up and left in first class
condition.
Contractor must provide color samples for the homeowner's approval.
NOTE: LEAD BASE PAINT MUST NOT BE USED.
Exterior Painting:
• Exterior painting must be performed when weather conditions are acceptable as recommended by
the manufacturer. Back prime unpainted wood with one coat of primer, and paint with mildew
retardant. Nail holes, splits, or scratches must be puttied, caulked or spackled smooth after prime
coat. Knots and pitch streaks must be spot primed with a quality stain killer. Wood surfaces
must have smooth finished surface when painted.
Interior oaintina:
• Walls and ceiling stained by water must be treated with a quality stain killer prior to painting. At
no time will latex paint be used to cover oil base paint. All trim and wood must receive two coats
of semi-gloss oil base enamel paint.
Porch and Floor Enamel:
• Paint shall be sensibly chosen based on resistance and interior and exterior sections of the porch.
All surfaces must be cured, dry and cleaned free of conditions that would adversely affect the
performance of the coating. Prime according to product specifications.
•
21Q MECHANICAL
2$1_ General Specifications:
All plumbing installations must conform to the current IPC, ICC, and IFC.
When house is to be raised or lowered , temporary connections must be provided to have continuous
operation of all systems by the homeowner. Any interruption of service must not exceed 28 hours.
Homeowner must be notified at least 24 hours prior to expected interruption, and must be notified when
system is once again operational. Gas systems shall be checked by licensed plumber and a report must
be provided to the COPA inspectors .
Relocate house lines to new or relocated fixtures. Install new venting to new fixture locations. All lines
must be located in wall cavities and under foundation. Include roof jacks and flashing where necessary.
If lines can be repaired they must be repaired as needed to be in good operating condition and free of
defects.
Required inspections by work done must be by licensed, bonded contractors.
al Materials:
Fixtures:
• New Kitchen sink must be new stainless steel 6" deep double basin, 30 inches self rim unit
installed in kitchen to include strainers/drain plugs, water and waste line corrections. Rim must
be sealed to countertop with standard sealer (i.e. plumbers putty, dap sealer, etc). Water lines
must have cut off valves at sink. Faucets must be a washer less , cartridge type, single lever unit
unless othenvise specified. Unit must be chrome plated brass.
• New lavatory- cast iron porcelain enamel unit. Mount securely to wall frame located as per plans.
Faucet must be washer less, chrome plated brass dual control unit with water, DWV, and cut off
valves . Vanity unit, when specified , must have monolithic sink and top of resin cast marble,
base must be wood veneer on front and sides.
• New Tub Unit - install new white enameled steel tub unit as per plans. To include new trap
overflow and drain with stop valve, and water and waste connections. Valve must be washer less
and high quality chrome plated brass unit with dual control, jewel handles. Install plumbing
access.
• New Shower Tub Unit - install new white fiberglass shower/tub unit as per plans. To include new
rap overflow and drain with stop valve and water connections. Valve must be washer less and
high quality chrome plated brass unit with dual control,jewel handles.
• New Water Closet - install new white round bowl vitreous china low-flow type unit as per plans.
To have new tank gaskets, flow valve assembly, handles, mountings, lid and seat, and water and
waste water line connections. Water line must have cut off valves.
Bathroom hardware must include the following :
1. Two chrome towel bars 18 inches long
2. Chrome toilet tissue holder
3. Chrome toothbrush and tumbler holder
4. Recessed wall mounted mirrored medicine cabinet
5. Lavatory wall, centered over lavatory
6. Shower unit panel kit must be ABS plastic unit sealed with matching color silicone caulk
7. Chrome shower curtain rod
New dryer venting must be ducted through the exterior wall or through roof. All openings must be rodent,
weather proof, and maximum length per IMC 2022.
New Washer Connections - must be recessed mount box in wall with DWV and water faucets. Relocate
or connect machine to operate properly as per plans.
New Hose Bibs - must be installed at locations on plans. Exterior hose bibs must be the frost-proof type.
Install frost-proof hose bib vacuum breaker on all exterior hose bibs.
Ann'lances:
• Must install hookup for gas and electric.
• Wall Furnace - Must be U.L. listed wall furnace. It must include all connections ,piping, and fittings.
Furnace must be thermostatically controlled, high efficiency, forced air, automatic fan control unit.
BTU output and number of units must be determined in the individual specifications. Unit must have
gas shutoff located adjacent to the unit operable. The unit must be installed by a licensed HVAC
contractor. Resolution check will be required before permit is issued and required.
• Install new water heater to be 30 gallon high efficiency, gas fired automatic tank type heater located
as per plans. Unit must include all new venting and connections . Gas outlet and cut off must be
located at front of water heater closet. Fresh air inlets are required at top and bottom to allow
combustion air to vent from the outside. Installation must be according to the most current IRC, ICC,
IFC,and IPC.
Pin
—
• New Drain, waste, and vent lines must be standard weight galvanized steel pipe with cast iron
drainage fittings, or standard weight cast iron soil pipe and fittings or schedule 40 polyvinyl chloride
pipe and fittings. All piping passing through the roof must be properly flashed. Must have clean-out
located at exterior of house.
• New Water lines must be located inside wall cavities . After installation they must be pressure tested
with 125 psi for 30 minutes prior to coverage. A dielectric fitting is required between piping of
dissimilar metals. All water lines above ground and not inside an insulated wall cavity or ceiling/attic
space will be freeze protected with 1/2 inch fiberglass insulation or 1/2 inch armor flex, sealed at all
joints.
• All gas piping is to be tested with 6 lb. mercury column. Any leaks will be reported immediately to
Contract Administrator.
• All year service lines (water, sewer and gas) must have a minimum of 12 inches of ground cover.
• Permits are responsibility of all parties.
29,0 ELECTRICAL
a1 General Saecifications;
All new electrical installations must conform to the National Electrical Code most recently adopted and
city ordinance.
Plans must be considered as recommended layout; however, the National Electrical Code must be the rule
in all instances.
New or replaced mast, meter loop, and breaker panel as per plans and work-write ups. Plans must be
reviewed and approved by Inspections Department.
All fixtures must be U.L. approved. GFCI protection needed per NEC and within 6 feet of water, exterior
and garage must be in place at socket per water source.
All wiring must be fished in wall cavities. Any surface mounted wiring must be in smooth EMT
conduit or wire mold securely mounted.
All wiring to washer and dryer capable of handling equipment power capacity. (HINT-with rehab panel
boxes capacity shall be equal to or greater than compatible equipment and/or machines.)
22,2 Materials:
Fixtures:
• Panel boxes capacity shall be equal to or greater than compatible equipment/machines.
• Smoke and CO Detector -For all new construction properties: 110 volt U.L. listed smoke alarm unit
with battery backup installed according to State of Texas property code, IRC 2006 and manufacturer's
recommendation at location(s) specified on project specifications. Also at least one carbon monoxide
detector must be installed if natural gas or other combustible is used as fuel source.
• Smoke and CO Detector- battery operated smoke detectors and at least one carbon monoxide detector
must be installed to provide adequate coverage for the entire household.
• Bathroom ceiling heater must be forced fan unit. Install as per plans and manufacturer's
recommendations.
• Bath Exhaust Fan must be U.L. approved and installed to meet all applicable local codes, and vented
to outside.
• Newly installed Range Hood must be U.L. listed and vented through the roof.
• Service Entrance must be a minimum 100 amp, 1201240v service as per plans.
• GFCI's will be installed at any outlet that is within six feet of a water source measured at the shortest
distance; exterior and garages. Such devices will be properly grounded and tested for proper function.
• AFCI's for bedrooms will be required.
212 MISCELLANEOUS
Property must have one year policy with initial and three (3) quarterly return treatments for ants,
roaches, silverfish and rodents if required.
Property must have a one-time treatment for termite control. Both exterminations must be performed by
a licensed and bonded company and must have a one year written warranty or guarantee delivered to the
homeowner through the Contract Administrator. A one-time 'fee for treatment must be made for the
initial treatments and the three quarterly treatments, if required.
This process shall be coordinated with the leveling or foundation repair personnel or contractor
Attic Access:
• Must be located as per plans. Dimensions must be listed on plans. Scuttle hole cover must be 5/8 inch
plywood with a smooth finish. Trim must be H trim with mitered joints . Paint must match other trim
in house. Cover must have insulation bat cut to fit on top of it. Scuttle hole must be a minimum
of22x30 or large enough to get largest piece of equipment out of attic.
• Gravel Walks and drives must be made of washed gravel 3/8 inch diameter minimum. Gravel must
be 4 inches thick minimum over a well graded and compacted soil. Gravel must be contained by 2
inch x 12 inch treated lumber (note: distance from ground level to top of board not less than 2
inches).
Gutters. Dow snouts,and$mash blocks:
• Gutters and downspouts must be galvanized metal or aluminum properly hung.
• A directional fitting must be installed to divert water away from the house.
• A concrete splash block must be placed under each down spout.
Cleanup;
• Interior - daily cleanup is required so the space can remain inhabitable. Upon completion all
materials , dirt, and debris must be removed and the entire house must be left in a broom clean
condition. Bathroom and kitchen surfaces must be made sanitary. (Note: all paint and decals on
windows must be removed.)
• Trash in all drainage ditches, and yard must be cleaned up every day. Citations will be issued to the
contractor for all violations.
Landscapina;
• Upon final cleanup and removal of all materials and debris, yard must be hydro-mulched, sodded
with St. Augustine, or as specified in individual work write-up.
Texas Accessibility Standards (TAS)
• All sections reference Texas Accessibility Standards (TAS), Rules and Regulations as per HUD
requirements.
Available Resources for Compliance
www.license.state.tx.us /ab/abtas.htm
www.energycodes.gov/rescheck/
www.gbci.org/
www.sos.state.tx.us/tac/index.shtml
www.hud.gov/offices/cpd/affordablehousing/training/web/energy/help/green.c fm
www.legis.state.tx.us
www.SAM.gov
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Construction of Three Single Family Homes
BID DUE DATE: February 15, 2023
LOCATION COST DAYS TO COMPLETE
1942 6th Street S 1/1
1405a Trinity Avenue S Q
s1405b Trinity Avenue S , �
Contingency $ 15,000.00
TOTAL $ sc2 ccfvuodkk
1� RC Con Sti1,LChun LIL 19710 Eas-i-cX Fig
y
COMPANY NAME STREET ADDRESS
00()‹a'l
SIGNATURE OF BIDDER P.O. BOX
W I COckerj// Gi,t atcytiE
PRINT OR TYPE NAME CITY STAT ZIP
Fred d- 2l061- 66'4, 8136
TITLE AREA CODE TELEPHONE NO
dawndrC- Co S ( 7On . Co ��,(�� • ] �r
EMAIL �� `
FAX NO.
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: OCO c 1
Printed Name: Town cxken' II
Title: PreS)denf
Company:
Date: l 0t1S�ri,tC (o t'J �--L.0
9/5o/D D-3
SUBSCRIB D a d sworn to efore me by the above named Dau)(l eakee (i on this the
day of c� , 20 v�j,
,�,,� Yvr, e KIMBERLY G.MOSS Notary ublic in a for the
3g Notary Public,State of Texas State of Texas
� Comm.Expires 09-24-2026
4,,°;,V Notary ID 131734649 011,*
• My commission expires:
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:
V I hereby certify that I do not have outstandingdebts with the Cityof Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
DRC Cons. ruc ion L LC 30 M23
Firm Name Date
ajo ciicc
PrCs
Authorized Signature Title
yawn C.4cc,keci I I qoq 654. 8iM
Name (please print) Telephone
G1 wrye cir
Email
STATE: —TX-
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named r-Of) OC[e?1 i
on this the • ., o (5/0fro"`{2 200 .
KIMBERLY G.MOSS
c •' 'Notary Public,State of Texas •
:4V,c Comm.Expires 09-24-2028
'n,,,,�� s Notary ID 131734649 Notary ublic
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who
has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the Date Received
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
J
❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about who/25ft
eformation is being disclosed.
a 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 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
I
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?
1 n Yes n No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
nYes n No
J 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.
I J
1"i Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
( as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
J
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us
Revised 11/30/2015
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.txusi
Docs!LGihtm!LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and: '
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
SB 252
CHAPTER 2252 CERTIFICATION
I, sor
Awn C.{C e. I !I ,the undersigned and representative
of C 1(1St t c LA'S L L C
(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.
-Dawn Coc)<eri/J
Name of Company Representative(Print)
i^C)0,D
Signature of Compan Representative
/3 C bi)
Date
House Bill 89 Verification
I DWn (,o(Aen (Pers
on on name), the undersigned representative
(hereafter referred to as "Representative") of
PR ,LC- (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.
SIGNATURE OF REPR SENTATIVE
SUB CRISED AND SWORN TO BEFORE ME, the undersigned authority, on this day
of , 20*.
• .`''�►'., KIMBERLY G.MOSS
Notary Public,Stets of Texas416442 Comm.Expires 08.24-2028 f
'4,.;°;,` . Notary ID 131734849 Notary Pub is
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.
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.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall
deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid
is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
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.
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.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MLNIMUM 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 and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder'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.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or
the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or
interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal 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.: Housing, 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.
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.
SHIPPLNG INFORMATION:-AIl 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.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
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.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty(30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
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.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the
prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are
minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform
themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for
employment are not discriminated against because of race,color,religion, sex,age or national origin.
BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the
amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City
of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall
be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within
thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a
formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the
specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into
said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall
be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the
OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders
will be returned when award is made; when the Contract is executed, the checks of the two remaining
unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds
and insurance are approved, and work has commenced within the time specified.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253.
Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract
exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment
Bonds shall be furnished on prescribed forms in the amount of one hundred percent(100%)of the contract price
with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds
must file with each bond a certified and effective date copy of their Power of Attorney.
SECTION 3 CLAUSE:
1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3
is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons,particularly persons who are recipients of HUD assistance for housing.
2.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 135
regulations.
3.The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding,if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both employees and applicants
for training and employment positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation
of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 CFR part 135.
5. The contractor will certify that any vacant employment positions, including training positions, that are
filled (1) after the contractor is selected but before the contract is executed, and(2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were
not filled to circumvent the contractor's obligations under 24 CFR part 135.
6.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
7. With respect to work performed in connection with section 3 covered Indian housing assistance, section
7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to Indians, and (ii)preference in
the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section
7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Construction of Three Single Family Homes
BID DUE DATE: October 11, 2023
LOCATION COST DAYS TO
COMPLETE
1942 6th Street $ 93/4 , 495 76
1401 Trinity Avenue $ lit l 6)D 76-
1411 Trinity Avenue $ 20 Lp/ 51 0 '73
Contingency $ 15,000.00
1
TOTAL $ �(93 a 5 ;
-) R( aistruc-iity, u_c_ / 7io £ac- hvy
COMPANY NAME STREET ADDRESS 1 pSI N TURE OF R P.O.BOX
41,4 p.o. a*5552
w ri ocke it au + `7�17
PRINT OR E NAME '
CI STATE ZIP
Prestc1erif 09- �'/- 5
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TITLE A CODE TELEPHONE NO
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E AIL FAX O.
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 on this project has violated the antitrust laws of this State, codified in
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: 'Y11j.%chjj
Printed Name: D Wi1 CDCk r I I
Printed
Name: 1��illA;'1 Oft)C•Ye52M Pr iC en*
Title: -
Company: 012C Con -1 nkc I j on LLC_
Date:
IC/rr / OC3-3
QRuon
SUBSCRIBED and sworn to before me the undersigned auth .ty byadeg,%/the it,. 4,I of,
on behalf of the said ate.aditutliopt //
Adjz.)
````rP`��• KIMBERLY G. MOSS Notary Public in and or the
�=* Notary Public,State of Texas State of Texas
°°. Comm.Expires 09-24-2028
4,u,.a Notary ID 131734648 My commission expires:
n _
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 to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts
prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
1Z C, Cc nS rt( Ic 11 LAC_ %f // .)-0 3
Firm Name D e
JULLOY1 a(..)< 1 prcsider4
Authorized Signature Title
NiNwn £ue.ker i I ( A/o95'/ 8/35
Name(please print) Telephone
C,C{IY1 0 (ire.- ( '0nstrtlet(c' ii ealn
Email
STATE: TK
COUNTY:
.
SUBSCRIBED AND SWORN to before me by the above named rO . iI
on this the IA day of 0440 , 20e .
``��gibt.,, KIMBERLY G. MOSS •
_ ��rr4G=Notary Public,State of Texas G
y,�' �`� �� Comm.Expires 09-24-2028 Notary Pu lic
%nn;����� Notary ID 131734849
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
I. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
1. The Purchaser and Contractor 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.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by CITY. It is further agreed that the clause shall not
be modified, except to identify the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND
RELATED ACTS
1. The Contractor 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. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the CITY assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the
Contractor further 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 on the Contractor to the extent the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by CITY under the authority of 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,to the extent the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by CITY. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the
provisions.
3. ACCESS TO RECORDS
The following access to records requirements apply to this Contract:
• Where the Purchaser is not a State but a local government and is the CITY Recipient or
a subgrantee of the CITY Recipient in accordance with 49 C. F. R. 18.36(i), the
Contractor agrees to provide the Purchaser, the CITY Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any
books, documents, papers and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the
CITY Administrator or his authorized representatives including any PMO Contractor
access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
4. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable CITY
regulations, policies, procedures and directives, including without limitation those listed directly
or by reference in the Master Agreement between Purchaser and CITY, as they may be
amended or promulgated from time to time during the term of this contract. Contractor's failure
to so comply shall constitute a material breach of this contract.
5. CIVIL RIGHTS
1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, 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 Contractor 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 Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements CITY may issue.
2. Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
3. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Depaitiuent of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 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 Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard,to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the Contractor
agrees to comply with any implementing requirements CITY may issue.
4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition,the Contractor agrees to comply with any implementing requirements CITY may issue.
5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Contractor agrees that it will 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. In addition, the Contractor agrees to comply with any
implementing requirements CITY may issue.
6. The Contractor also agrees to include these requirements in each subcontract financed in whole
or in part with Federal assistance provided by CITY, modified only if necessary to identify
the affected parties
6. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a) It is the policy of the Authority and the Department of Transportation that Disadvantaged
Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum
opportunity to participate in the performance of con- tracts financed in whole or in part with
Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26
applies to this contract.
b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's
DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this
contract by reference. Failure by the Contractor to carry out these requirements is a material
breach of the contract, which may result in the termination of this contract or such other remedy,
as the Authority deems appropriate.
7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(CITY)TERMS
Incorporation of Federal Transit Administration (CITY) Terms - 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 CITY Circular 4220.1E are hereby incorporated by reference. Anything
to the contrary herein notwithstanding, all CITY 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 (name of
grantee) requests which would cause (name of grantee) to be in violation of the CITY terms
and conditions.
8. TERMINATION
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this contract, or if the Contractor shall violate
any of the covenants, agreements or stipulations of this contract, the City shall thereupon have
the right to terminate this contract by giving written notice to the Contractor of such termination
and specifying the effective date thereof, at least fifteen (15) days before the effective date of
such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the contract by the
Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off
until such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time
giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated
by the City as provided herein, the Contractor will be paid for the service that it has performed
up to the termination date. If this contract is terminated due to fault of the Contractor, the
previous paragraph hereof relative to termination shall apply.
9. DEBARMENT&SUSPENSION
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940
and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters
into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency
name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous
certification, in addition to remedies available to (insert agency name}, the Federal Government
may pursue available remedies, including but not limited to suspension and/or debarment. The
bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this
offer is valid and throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
10. BUY AMERICA REOUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide
that Federal funds may not be obligated unless steel, iron, and manufactured products used in
CITY-funded projects are produced in the United States, unless a waiver has been granted by
CITY or the product is subject to a general waiver. General waivers are listed in 49 C.F.R.
661.7, and include final assembly in the United States for 15 passenger vans and 15
passenger wagons produced by Chrysler Corporation, and microcomputer equipment and
software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and
49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent
domestic content.
11. RESOLUTION OF DISPUTES.BREACHES AND OTHER LITIGATION
All contracts in excess of$100,000 shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. This may
include provisions for bonding, penalties for late or inadequate performance, retained earnings,
liquidated damages or other appropriate measures. Specific language for dispute resolution will
be provided in any resultant contract of the successful proposer.
12. RESTRICTIONS ON LOBBYING
(a) The Contractor shall timely comply with the requirements of the lobbying restrictions set
forth in Section 319 of Public Law 101-121, as implemented by the Depaitunent of
Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended.
(b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be
completed by the Contractor or subcontractor at any tier, such disclosure form shall be
furnished to the Authority.
13. CLEAN AIR
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor 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 CITY and the appropriate EPA
Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by CITY.
14. CLEAN WATER ACT
(1) The Contractor 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
Contractor 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 CITY and the
appropriate EPA Regional Office.
(2)The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by CITY.
15. CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United
States-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 United States-Flag commercial vessels; b. to
furnish within 20 working days following the date of loading for shipments originating within the
United States or within 30 working days following the date of leading for shipments originating
outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading
in English for each shipment of cargo described in the preceding paragraph to the Division of
National Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590 and to the CITY recipient (through the contractor in the case of a subcontractor's bill-
of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract
when the subcontract may involve the transport of equipment, material, or commodities by
ocean vessel
16. FLY AMERICA REQUIREMENTS
Fly America Requirements - 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 their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. 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.
17. DAVIS BACON
Attention is particularly called to the requirement of not paying less than the prevailing Davis
Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are
minimums to be paid during the life of the contract. It is therefore the responsibility of the
Bidder to inform themselves as to local labor conditions. Attention is called to the requirement
that employees and applicants for employment are not discriminated against because of race,
color, religion, sex,age or national origin.
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The
Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by
a loan or grant from the Federal Government."40 USC 3145(a),29 CFR 5.2(h), 49 CFR
18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a), 29 CFR
5.5(a). `Construction,' for purposes of the Acts, includes "actual construction, alteration and/or
repair, including painting and decorating."29 CFR 5.5(a). The requirements of both Acts are
incorporated into a single clause(see 29 CFR 3.11) enumerated at 29 CFR 5.5(a)and reproduced
below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model
clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied.
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv)
of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, That
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails
in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the contractor,the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate(including fringe benefits where appropriate)determined pursuant to
paragraphs (a)(1)(ii) (B)or(C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona fide fringe benefits under a plan
or program,Provided, That the Secretary of Labor has found,upon the written request
of the contractor,that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(v)(A)The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve
an additional classification and wage rate and fringe benefits therefor only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the classification
and wage rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the Administrator of
the Wage and Hour Division, Employment Standards Administration, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized representative,
will issue a determination with 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(2) Withholding - City Utilities shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be
withheld from the contractor under this contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, City
Utilities may, after written notice.to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site of the work (or
under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount
of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to City Utilities for transmission to the Federal Transit
Administration as requested. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations,29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph(a)(3)(ii)(B)of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(5) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work
at less than the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or
her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of
the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator of the Wage
and Hour Division of the U.S. Department of Labor determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee'must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved. (iii) Equal employment opportunity - The
utilization of apprentices, trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR
part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with
all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment -A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Dept latent of Labor, or the employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001
18. .CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT — OVERTIME
COMPENSATION
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.
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 and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of$10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph(1)of this section.
3. Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph(2) of this section.
4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs (1) through (4) of this section and also a clause requiring the
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 the
clauses set forth in paragraphs (1)through(4)of this section.
19. BONDING
BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent
(5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable
without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to
conduct business in Texas. Said security shall be submitted with the understanding that it shall
guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the
opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the
OWNER, furnish bonds and insurance as may be required and commence work at the specified
time, and that in the event of the withdrawal of said bid within said period, or the failure to enter
into said Contract, furnish said bonds and insurance and commence work within the time
specified, the Bidder shall be liable to the OWNER for the difference between the amount
specified in the bid in the amount for which the OWNER may otherwise procure the required
work. Checks of all except the three lowest responsible Bidders will be returned when award is
made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will
be returned; that of the successful Bidder be returned when formal Contract, bonds and
insurance are approved, and work has commenced within the time specified.
PERFORMANCE AND PAYMENT BOND REOUIREMENTS: Per Government Code
Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is
required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is
required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount
of one hundred percent (100%) of the contract price with corporate surety duly authorized to do
business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a
certified and effective date copy of their Power of Attorney.
20. SEISMIC SAFETY
The contractor agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in Department of
Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the
extent required by the regulation. The contractor also agrees to ensure that all work performed
under this contract including work performed by a subcontractor is in compliance with the
standards required by the Seismic Safety Regulations and the certification of compliance issued
on the project.
21. PRIVACY ACT
Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement
activities for CITY, and those files are organized so that information could be retrieved by
personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act
requirements flow down to each third party contractor and their contracts at every tier.
Contracts Involving Federal Privacy Act Requirements
The following requirements apply to the Contractor and its employees that administer any
system of records on behalf of the Federal Government under any contract:
(a) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §
552a. Among other things, the Contractor agrees to obtain the express consent of the Federal
Government before the Contractor or its employees operate a system of records on behalf of the
Federal Government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination
of the underlying contract.
,1
(b) The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by CITY.
22. PRE-AWARD AND POST DELIVERY AUDITS REOUIRENIENTS
• Clause and language therein are merely suggested. 49 C.F.R.Part 663
does not contain specific language to be included in third party contracts
but does contain requirements applicable to subrecipients and third party
contractors.
• Buy America certification is mandated under CITY regulation, "Pre-
Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R.
663.13.
• Specific language for the Buy America certification is mandated by
CITY regulation,
"Buy America Requirements--Surface Transportation Assistance Act of 1982,as
amended,"49 C.F.R.66I.12,but has been modified to include CITY's Buy America
requirements codified at 49 U.S.C.A 53230).
Pre-Award and Post-Delivery Audit Requirements -The Contractor
agrees to comply with 49 U.S.C. §5323(1)and CITY's implementing
regulation at 49 C.F.R. Part 663 and to submit the following
certifications:
1. Buy America Requirements: The Contractor shall
complete and submit a declaration certifying either
compliance or noncompliance with Buy America. If
the Bidder/Offeror certifies compliance with Buy
America, it shall submit documentation which lists
1) component and subcomponent parts of the rolling
stock to be purchased identified by manufacturer of
the parts, their country of origin and costs; and 2)
the location of the final assembly point for the
rolling stock, including a description of the
activities that will take place at the final assembly
point and the cost of final assembly.
2. Solicitation Specification Requirements: The
Contractor shall submit evidence that it will be
capable of meeting the bid specifications.
3. Federal Motor Vehicle Safety Standards (FMVSS):
The Contractor shall submit I) 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.
BUY AMERICA CERTIFICATE OF
COMPLIANCE WITH CITY
REQUIREMENTS FOR BUSES, OTHER
ROLLING STOCK,OR ASSOCIATED
EQUIPMENT
23. ENERGY POLICY AND CONSERVATION ACT
The Contractor shall recognize mandatory standards and policies relating to energy efficiency
contained in the State Energy Conservation Plan issued in compliance with the Energy Policy
and Conservation Act(42 U.S.C. Section 6321 et seq.).
24. 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.
25. RECYCLED 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.
26. MINORITY CONTRACTIRS
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
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. § 200.32 1(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).
1
MERCHANTS
BONDING COMPANY,.
MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498
PHONE: (800) 678-8171 FAX: (515) 243-3854
Bid Bond
CONTRACTOR: Bond Number: 450292
SURETY:
(Name,legal status and address) (Name, legal status and principal place
of business)
DRC Construction,LLC Merchants Bonding Company(Mutual)
6710 Eastex Fwy,PO Box 3532 A Corporation
Beaumont,TX 77708 6700 Westown Parkway,West Des Moines,IA 50266
OWNER:
(Name,legal status and address)
City of Port Arthur
PO Box 1089 This document has important legal
Port Arthur,Texas 77641 consequences.Consultation with
an attorney is encouraged with
BOND AMOUNT: Five Percent of Bid Amount respect to its completion or
5 %
modification.
PROJECT:
?Name,location or address,and Project number,if any) Any singular reference to
New construction of three(3)single family homes Contractor,Surety,Owner or
other party shall be considered
plural where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the
Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and
severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and
Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such
bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the
difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this
obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of
notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for
acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty(60)days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so
furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 11 th day of October,2023
DRC Construction,LLC,e\
(Witness) di
Lelth A (Principal) (Seal)
Dawn Cockerill President
(Title)
"i,!
Merchants :•• in! Company( tual)!� (Su ) (Seal)
` / i
(Title) J.• • 4 aughn Jr Attorney-in-.f t
CON 0657(2/15) Printed in cooperation with American Inst. of Architects(ALA). The i:ngua in this
document conforms exactly to the language used in AIA Document A310-Bid Bond-2010
• Bond#:450292
MERCH-IAN17
BONDING COMPANY-,
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the
"Companies")do hereby make,constitute and appoint,individually,
John E Vaughn Jr
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of
Merchants National Bonding,Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 11th day of October , 2023
(10 Nq ..‘AG •. MERCHANTS BONDING COMPANY(MUTUAL)
;'�P•••P'�• ' L• ••t14..•••C°�,p• MERCHANTS NATIONAL BONDING,INC.
�y;•40s ft4. 2: .•cp� PPO4 11 d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
:a 2 -o- IV:�: ••ti 2 -0- cn• .
v •
': 2003 :,..0: . . . 1933 c;
7=7.4,
STATE OF IOWA """"'•� •......• President
COUNTY OF DALLAS ss.
On this 11th day of October 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
x;; t,_, Kim Lee
t..4-kiyn 6....ai
. y Commission Expires
F April 14,2024
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 11th day of October , 2023 .
:co •'"0S 14,;:•.0.1...:. :t...'(..). -.1,;.1-. 1, 2/,,e..:7 ae......2.&.:000a
_ 2003 c•z Q•• 1933 �"Z•
Secretary
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6:,�, z 11d•.
POA 0018 (10/22) ""••