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HomeMy WebLinkAboutPR 23426: AGREEMENT WITH ALLOC, LLC FOR THE EL VISTA DRAINAGE IMPROVEMENT PROJECT City of oil rtl-tur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 30, 2023 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Flozelle C. Roberts,EIT, MEng,MBA, CP M,Director of Public Works 4.- RE: PR 23426: Authorizing the City Manager to enter into an agreement with Allco, LLC, of Beaumont, Texas,for the El Vista Drainage Improvement Project. Project No. DR1P02. Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to execute an agreement with Allco, LLC, of Beaumont, Texas, for the El Vista Drainage Improvement Project for $11,209,454.68. Project No. DR1P02. Background: Pursuant to Resolution 18-231, the City of Port Arthur adopted the 2018 Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey. A significant portion of the DRRP included mitigation planning and investment in infrastructure to address impacts of future disasters. Its recovery actions provided for efforts to rebuild/repair streets, utilities, public facilities, water,sewer,and drainage.DRRPs mitigation included identifying areas in the 100 year flood zone and areas that frequently flooded during previous storms or significant rain events. The City of Port Arthur,as part of the DRRP recovery activities,identified flood and drainage problems within the community of El Vista. Pursuant to Resolution 21-141, Arceneaux, Wilson & Cole, LLC (AWC) of Port Arthur, Texas, was approved to provide a master drainage plan, provide design specifications, and construction management services for the El Vista Drainage Improvement Project. The El Vista Drainage Improvement Project was prepared for bidding. The Purchasing Department advertised for competitive qualified bidders on August 19,2023 and August 26,2023 under Bid Number P23-066. Bids were opened on Wednesday,October 4,2023,with two vendors responding,Allco,LLC of Beaumont, Texas, and Brystar Contracting, Inc. of Beaumont, Texas. After review by the Public Works Engineering Division staff, it was determined that Allco, LLC, of Beaumont, Texas, provided the lowest responsible bid for$11,209,454.68. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Budget Impact: Funding from Hazzard Mitigation Grant Account No. 154-00-000-8515-00-10-000 and Community Development Block Grant DR Account No. 148-00-000-8515-00-10-000. Project No. DR1P02. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR 23426 authorizing the City Manager to execute an agreement with Allco, LLC, of Beaumont, Texas for the El Vista Drainage Improvement Project for$11,209,454.68. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No.23426 10/30/2023 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ALLCO, LLC, OF BEAUMONT, TEXAS, FOR THE EL VISTA DRAINAGE IMPROVEMENT PROJECT FOR THE AMOUNT OF $11,209,454.68. FUNDS ARE AVAILABLE IN THE HAZARD MITIGATION GRANT ACCOUNT NO. 154-00-000-8515-00-10-000 AND THE COMMUNITY DEVELOPMENT BLOCK GRANT DR ACCOUNT NO. 148-00-000- 8515-00-10-000. PROJECT NO. DR1P02. WHEREAS, pursuant to Resolution 18-231, the City of Port Arthur adopted the 2018 Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey; and, WHEREAS, the DRRP included mitigation planning and investment in infrastructure to rebuild/repair streets, utilities, public facilities, water, sewer, and drainage in addition to identifying areas in the 100 year flood zone frequently flooded during previous storms or significant rain events; and, WHEREAS, the community of El Vista was selected as an area that has experienced significant flooding due to rain events, flash flooding and drainage related issues; and, WHEREAS, pursuant to Resolution 21-141, Arceneaux, Wilson, &Cole, LLC (AWC) of Port Arthur, Texas, was approved to provide a master drainage plan, provide design specifications, and provide construction management services for the El Vista area; and, WHEREAS, the El Vista Drainage Improvement Project was let for bidding under Bid Number P23-066 on August 19, 2023 and August 26, 2023, by the Purchasing Department; and, PR No.23426 10/30/2023 mje Page 2 of 3 WHEREAS, bids were received from Allco, LLC, of Beaumont, Texas, and Brystar Contracting, Inc., of Beaumont, Texas; and, WHEREAS, bids were opened, and evaluated by the Purchasing Department, the Public Works staff, and AWC, on Wednesday, October 4, 2023, with Allco, LLC, of Beaumont, Texas, being the lowest qualified bidder for $11,209,454.68, see Exhibit A; WHEREAS, approval of awarding the El Vista Drainage Improvement Project to Allco, Inc. of Beaumont, Texas, for $11,209,454.68, is herein deemed an appropriate action; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to award and enter into an agreement with Allco, LLC, of Beaumont, Texas, for the El Vista Drainage Improvement Project for the amount of $11,209,454.68, in substantially the same form as attached here as Exhibit B; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of A.D. 2023 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Council members: PR No.23426 10/30/2023 mje Page 3 of 3 Noes: Thurman Bill Bartle Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno, Esquire Ronald Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: 1-)(' \ p Kandy K. Daniels Director of Finance Flozelle C. Roberts, EIT, MEng, MBA, CPM Director of Public Works ()I Clifton illiams, CPPB Purchasing Manager EXHIBIT A Imo" BID TABULATION . For �__� El Vista Drainage Improvements ARCENEAUX WILSON&COLE To Serve The City of Port Arthur Job No.:CPA-949 BIDS OPENED:October 4,2023 at 3:15 P.M. ALLCO,LLC. Brystar Contracting,Inc. BEAUMONT,TX BEAUMONT,TX Item Desc Code Code Base Bid Items Qty. Unit Price Amount Unit Price Amount 100 6002 PREPARING ROW 144 $ 266.00 $ 38,304.00 $ 550.00 $ 79,200.00 104 6015 REMOVE CONC(SIDEWALKS) 46 $ 45.00 $ 2,070.00 $ 36.00 $ 1,656.00 104 6017 REMOVE CONC(DRIVEWAYS) 1,644 $ 36.00 $ 59,184.00 $ 24.00 $ 39,456.00 104 6021 REMOVE CONC(CURB) 1,145 $ 7.00 $ 8,015.00 $ 6.50 S 7,442.50 REMOVE ASPHALT/BASE(DRIVEWAYS 105 0001 AND SIDEWALKS) 2,808 $ 24.25 $ 68,094.00 $ 13.00 $ 36,504.00 164 6008 SEEDING(PERM)(URBAN)(CLAY) 7 $ 2,500.00 $ 17,500.00 $ 2,400.00 $ 16,800.00 D-GR HMA TY-D PG64-22(2")(DRIVING 340 0001 SURFACE) 24,500 $ 26.50 $ 649,250.00 $ 42.00 $ 1,029,000.00 360 0002 CONCRETE PAVEMENT(JRCP)(CLP)(8") 3,300 $ 100.00 $ 330,000.00 $ 200.00 $ 660,000.00 TEMPORARY SPECIAL SHORING 403 6008 (COFFERDAM) 1 $ 70,000.00 $ 70,000.00 $ 300,000.00 $ 300,000.00 418 6001 WELL POINTING 12,900 $ 0.10 $ 1,290.00 $ 26.00 $ 335,400.00 420 0001 CONCRETE DITCH LINER(5") 83 $ 180.00 $ 14,940.00 $ 240.00 $ 19,920.00 432 6009 RIPRAP(CONC)(CL B)(4") 275, $ 448.00 $ 123,200.00 $ 1,100.00 $ 302,500.00 462 6001 CONCRETE BOX CULVERT(6'x4') 1,550 $ 1,225.06 $ 1,898,843.00 $ 1,500.00 $ 2,325,000.00 464 6003 RC PIPE(CLASS III)(18") 5,891 $ 288.64 $ 1,700,378.24 $ 120.00 $ 706,920.00 464 6005 RC PIPE(CLASS III)(24") 1,811 $ 319.27 $ 578,197.97 $ 210.00 $ 380,310.00 464 6007 RC PIPE(CLASS III)(30") 1,306 $ 341.87 $ 446,482.22 $ 220.00 $ 287,320.00 464 6008 RC PIPE(CLASS III)(360 1,845 $ 409.75 $ 755,988.75 $ 250.00 $ 461,250.00 465 0001 STORM CONFLICT STRUCTURE 5 $ 17,300.00 $ 86,500.00 $ 20,000.00 $ 100,000.00 465 0002 STORM MANHOLE 8 $ 7,200.00 $ 57,600.00 $ 9,000.00 $ 72,000.00 465 0003 STORM MANHOLE(W/THROAT) 35 $ 10,700.00 $ 374,500.00 $ 13,000.00 $ 455,000.00 465 0004 STORM JUNCTION BOX(JB-01) 1 $ 34,100.00 $ 34,100.00 $ 39,000.00 $ 39,000.00 465 0005 STORM JUNCTION BOX(JB-02) 1 $ 54,800.00 $ 54,800.00 $ 61,000.00 $ 61,000.00 465 0006 STORM JUNCTION BOX(JB-03) 1 $ 46,800.00 $ 46,800.00 $ 52,000.00 $ 52,000.00 465 0007 STORM JUNCTION BOX(JB-04) 1 $ 21,200.00 $ 21,200.00 $ 25,000.00 $ 25,000.00 465 0008 STORM JUNCTION BOX(JB-05) 2 $ 22,550.00 $ 45,100.00 $ 25,300.00 $ 50,600.00 465 0009 STORM JUNCTION BOX(JB-06) 1 $ 22,550.00 $ 22,550.00 $ 25,800.00 $ 25,800.00 465 0010 STORM JUNCTION BOX(JB-07) 1 $ 28,600.00 $ 28,600.00 $ 34,000.00 $ 34,000.00 465 0011 TYPE C CURB INLET 11 $ 7,550.00 $ 83,050.00 $ 7,000.00 $ 77,000.00 465 0012 GRATE INLET 6 $ 5,000.00 $ 30,000.00 $ 5,400.00 $ 32,400.00 466 0001 HEADWALL 1 $ 54,000.00 $ 54,000.00 $ 62,000.00 $ 62,000.00 479 6004 ADJUSTING MANHOLES(SANITARY) 10 $ 500.00 $ 5,000.00 $ 1,600.00 $ 16,000.00 496 6002 REMOVE STR(GRATE INLET) 17 $ 500.00 $ 8,500.00 $ 1,000.00 $ 17,000.00 496 6003 REMOVE STR(MANHOLE) 5 $ 500.00 $ 2,500.00 $ 1,000.00 $ 5,000.00 496 6007 REMOVE STR(PIPE) 5,509 $ 7.50 $ 41,317.50 $ 12.00 $ 66,108.00 MOBILIZATION,BOND,INSURANCE AND 500 0001 ONSITE FACILITIES 1 $ 250,000.00 $ 250,000.00 $ 1,100,000.00 $ 1,100,000.00 BARRICADES,SIGNS AND TRAFFIC 502 0001 CONTROL 1 $ 31,562.00 $ 31,562.00 $ 18,500.00 $ 18,500.00 506 0001 EROSION CONT LOGS(INSTALL) 48 $ 115.00 $ 5,520.00 $ 120.00 $ 5,760.00 506 0002 EROSION CONT LOGS(REMOVE) 48 $ 36.00 $ 1,728.00 $ 65.00 $ 3,120.00 529 6002 CONCRETE CURB(TYPEII) 1,145 $ 12.50 $ 14,312.50 $ 8.00 $ 9,160.00 _ 530 6004 DRIVEWAYS(CONC) 5,756 $ 100.00 $ 575,600.00 $ 143.00 $ 823,108.00 531 6001 CONCRETE SIDEWALKS 68 $ 140.00 $ 9,520.00 $ 110.00 $ 7,480.00 RELOCATE/REPLACE MAILBOXES 560 0001 (SINGLE POST) 78 $ 350.00 $ 27,300.00 $ 350.00 $ 27,300.00 644 0001 RELOCATE/REPLACE SIGNS 12 $ 900.00 $ 10,800.00 $ 1,800.00 $ 21,600.00 760 0001 GRADE/RESHAPE EXISTING DITCHES 20,628 $ 6.00 $ 123,768.00 $ 6.50 $ 134,082.00 764 0001 CLEAN AND TV EXISTING STORM PIPE 1,500 S 20.00 $ 30,000.00 $ 50.00 $ 75,000.00 764 0002 REPLACE RC PIPE(CLASS III)(24") 25 $ 231.30 $ 5,782.50 $ 180.00 $ 4,500.00 764 0003 REPLACE RC PIPE(CLASS III)(36") 450 $ 322.48 $ 145,116.00 $ 252.00 $ 113,400.00 7000 0001 RELOCATE SANITARY SEWER SERVICE 110 $ 825.00 $ 90,750.00 $ 2,500.00 $ 275,000.00 Page 1 of 2 4lt BID TABULATION For _'/ all/VCEl Vista Drainage Improvements ArmARCENEAUX WI SON&LOLL To Serve The City of Port Arthur Job No.:CPA-949 BIDS OPENED: October 4,2023 at 3:15 P.M. ALLCO,LLC. Brystar Contracting,Inc. BEAUMONT,TX BEAUMONT,TX 7000 0002 8"SANITARY SEWER MAIN(PVC SDR-26) 962 $ 68.00 $ 65,416.00 $ 100.00 $ 96,200.00 7000 0003 SANITARY SEWER MANHOLE 5 $ 3,550.00 $ 17,750.00 $ 7,200.00 $ 36,000.00 7000 0004 NEAR-SIDE SANITARY SEWER SERVICE 40 $ 600.00 $ 24,000.00 S 1,100.00 5 44,000.00 7000 0005 FAR-SIDE SANITARY SEWER SERVICE 40 S 800.00 $ 32,000.00 $ 2,900.00 S 116,000.00 7126 0001 RELOCATE WATER MAIN(6") 500 S 60.00 $ 30,000.00 $ 170.00 $ 85,000.00 7126 0002 RELOCATE FIRE HYDRANT 5 $ 3,500.00 $ 17,500.00 $ 5,500.00 $ 27,500.00 7126 0004 NEAR-SIDE WATER SERVICE 40 S 700.00 $ 28,000.00 $ 1,200.00 $ 48,000.00 7126 0005 FAR-SIDE WATER SERVICE 40 5 825.00 $ 33,000.00 5 1,600.00 $ 64,000.00 SUB-TOTAL BASE BID ITEMS $ 9,327,279.68 $ 11,313,296.50 Item Desc Code Code Supplemental Bid Items Qty. Unit Price Amount Unit Price Amount 247 6063 FL BS(CMP IN PLACE)(TY A GR 3)(6") 30,500 $ 42.25 $ 1,288,625.00 $ 40.00 $ 1,220,000.00 260 6073 LIME TRT(SUBGRADE)(8") 30,500 $ 19.10 $ 582,550.00 $ 15.00 $ 457,500.00 4006 6005 CEM STABIL BKFL 20 $ 100.00 $ 2,000.00 $ 110.00 5 2,200.00 4206 6009 CL A CONC(COLLAR) 20 $ 450.00 $ 9,000.00 $ 1,000.00 $ 20,000.00 SUB-TOTAL SUPPLEMENTAL ITEMS $ 1,882,175.00 $ 1,699,700.00 TOTAL AMOUNT BID (Base Bid Items with Supplemental Items) $ 11,209,454.68 $ 13,012,996.50 Item Desc Code Code _ Alternate Bid Items Qty. _ Unit Price Amount Unit Price Amount 4122 0001 HP STORM PIPE(18")(TY S) 5,891 $ 256.22 $ 1,509,392.02 $ 110.00 $ 648,010.00 4122 0002 HP STORM PIPE(24")(TY S) 1,811 $ 284.72 $ 515,627.92 5 205.00 S 371,255.00 4122 0003 HP STORM PIPE(30")(TY S) 1,306 $ 304.52 $ 397,703.12 S 215.00 $ 280,790.00 4122 0004 HP STORM PIPE(36")(TY S) 1,845 S 335.07 $ 618,204.15 $ _ 230.00 $ 424,350.00 SUB-TOTAL ALTERNATE ITEMS $ 3,040,927.21 $ 1,724,405.00 Highlighted indhcates a mscalculated total ARCENEAUX WILSON & COLE LLC �e OF TF,•\1 TEXAS REGISTERED ENGINEERING FIRM %y�P•• _ •+•••s11 * 16194 * %*..• i\ ;*•• ��� MARC A. OCHOA 1 MARC A. OCHOA, PE /011* 98426 •�41., 111�\1•ONALrN��+i \\\\i 10/05/2023 Page 2 of 2 2, 3ftL6 EXHIBIT B SPECIFICATIONS AND CONTRACT DOCUMENTS EL VISTA SUBDIVISION DRAINAGE IMPROVEMENT , ,,, 01' url rllluri CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS August 23, 2023 THURMAN BILL BARTIE,MAYOR \ 1////// RONALD BURTON " TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER City ofCOUNC SHERRI BELLARD,TRMC WIL IEIB EL LEWIS MEMBERS: �� k``\ CITY SECRETARY DONEANE BECKOM HAROLD L.DOUCET,SR u r t r t h ui VAL TREND THOMAS KINLAW III CITY ATTORNEY DONALD FRANK,SR Texas August 23,2023 INVITATION TO BID EL VISTA SUBDIVISION DRAINAGE IMPROVEMENT DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, September 20, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, September 20, 2023in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P23-066 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or,Scope of Work should be directed In writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. e.66`IL 6aittailt4, Clifton Williams, CPPB Purchasing Manager SECTION A CONSTRUCTION CONTRACT AGREEMENT! TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID E. BID BOND F. GENERAL CONDITIONS G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. NOTICE OF AWARD L. NOTICE TO PROCEED M. INSURANCE N. TECHNICAL SPECIFICATIONS O. GOVERNING CONSTRUCTION SPECIFICATIONS P. QUALIFICATION STATEMENT Q. HOUSE BILL 89 VERIFICATION R. NON-COLLUSION AFFIDAVIT S. AFFIDAVIT T. SB 252 CHAPTER 2252 CERTIFICATION U. FEDERAL CLAUSES V. CHILD SUPPORT CERTIFICATION Appendix A, B, & Drawing CONTRACT FOR EL VISTA SUBDIVISION DRAINAGE IMPROVEMENT THIS CONSTRUCTION AGREEMENT ("Agreement" or "Contract"), made this day of , 2023, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER", "Owner" "CITY", or "City"and Allco, LLC of Beaumont, Texas a(n)hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 395 calendar days from the date listed on the Notice to Proceed, unless sooner terminated under the provision hereof. 2. The CONTRACTOR will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Contract Documents. 4. The CONTRACTOR agrees to perform all the work described in the specifications and Contract Documents and to comply with the term in the total amount of$11,209,454.68 5. The term "Contract Documents" means and includes the following, all of which are incorporated into and made part of this Agreement: A) Construction Agreement B) Advertisement for Bid C) Information to Bidders D) Bid E) Bid Bond F) General Conditions G) Labor Classification and Minimum Wage Scale H) Supplemental General Conditions I) Payment Bond J) Performance Bond K) Notice of Award L) Notice to Proceed M) Insurance N) Technical Specifications 0) Governing Construction Specifications P) Qualification Statement Q) House Bill 89 Verification R) Non-Collusion Affidavit S) Affidavit T) SB 252 Chapter 2252 Certification U) Federal Clauses V) Child Support Certification Addenda: No. 1 , dated September 19, 2023 No. 2 , dated September 21, 2023 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in(2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of , 2023. ATTEST CITY OF PORT ARTHUR BY City Secretary Signed on the day of , 2023. CONTRACTOR: Representative Print Name: Title: SECTION B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS FEMA HMGP DR-4332 CDBG DR #20-065-142-C782 Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, September 20, 2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday,September 20,2023 in the City Council Chambers, 5th Floor,City Hall,Port Arthur,Texas for certain services briefly described as: 1. PORT ACRES SUBDIVISION DRAINAGE IMPROVEMENT 2. EL VISTA DRAINAGE IMPROVEMENTS PROJECT Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street, City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, AUGUST 31, 2023 AT 10:00 A.M. AT 5TH FLOOR CONFERENCE ROOM CITY HALL,444 4TH STREET, PORT ARTHUR, TX 77640 Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Attention is called to the fact that not less than the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, as issued by the U.S. Department of Labor and contained in the contract documents,must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color,religion, sex, sexual identity, gender identity, or national origin. The City of Port Arthur reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by the City for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder's qualifications prior to the contract award. Attention is called to the fact that not less than the federally determined prevailing(Davis-Bacon and Related Acts)wage rate,as issued by the U.S.Department of Labor and contained in the contract documents,must be paid on this project. In addition,the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race,color,religion, sex, sexual identity, gender identity, or national origin. The City of Port Arthur reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by the City for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder's qualifications prior to the contract award. Cliffein Williams Purchasing Manager FIRST PUBLICATION: August 19,2023 SECOND PUBLICATION: August 26, 2023 SECTION C INFORMATION TO BIDDERS 1 INFORMATION TO BIDDERS The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted,in ink, in both words and figures,with amounts extended and totaled,and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items(if shown in the Proposal form),"No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission,erasure,alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID.The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation,the name and address of the partnership or corporation shall be shown,together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration,the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number,and addressed to the OWNER as prescribed in the ADVERTISEMENT FOR BID. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the ADVERTISEMENT FOR BID. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent(5%) Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60)days after the date of the opening of the bids; that if a bid is accepted,the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract,furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work.Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful Bidders will be returned;that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved,and work has commenced within the time specified. c-1 The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER,within said period,of reasons which, in the sole discretion of the OWNER,justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified,the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within fifteen (15) calendar days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded,shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney. 4. NOTICE TO PROCEED Notice to Proceed shall be issued at the preconstruction conference to be held within fifteen(15) calendar days of the execution of the Contract by OWNER. Should there be any reasons why a preconstruction meeting cannot be held and/or a Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the fifteen(15)calendar day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits(No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount]aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, (City of Port C-2 Arthur and Contractor and all persons providing services shall comply with the worker's compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and Arceneaux and Gates Consulting Engineers, Inc., A Burrow Global Company, its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Comprehensive Automobile Liability(Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date,job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). C-3 CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers,effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s)OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s)shall in any event be filed with OWNER not more than ten(10)days after execution of this Contract. The original Builder's Risk policy(if required)shall provide for fifteen(15)days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid,the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water,electric or other utilities or otherwise affect performance of required activities; (b)the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of the above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. C-4 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization,and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the City of Port Arthur and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for(1) non-consumable materials and equipment that are permanently incorporated into the project and(2)charges for skill,labor and consumable materials,tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contractprocedure. The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contractor any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants,tools,forming materials, etc.)are not eligible for exemption and are not to be included in the statement as "Non-Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER,furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER,amount C-5 of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information,or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer,not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in,or omissions from,the Plans, Specifications or other Contract Documents,or should a Bidder be in doubt as to their meaning,the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made to the lowest responsible Bidder submitting a responsive bid. The right is reserved to reject any or all bids and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw his bid before the expiration of the time during which a bid may be submitted,without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays , Sundays , and federal , state holidays. The agreed upon time of completion for the specified project is 395 from the notice to proceed. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. C-6 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the Contract Documents. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Five percent (5%) of the amount of each periodic progress payment shall be retained by OWNER until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. BID PROTESTS a. Notice of Protest. A Bidder 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. • 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 the bid opening date or any City determination or recommendation regarding the Bidder's bid, as applicable. b. 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: o Allow for informal conference on the merits of the protest with all interested parties. o Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. o Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. C-7 c. 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. 19. FEDERAL FUNDING Funding for this Contract has been provided in full or in part by Federal Emergency Management Agency's ("FEMA") Hazard Mitigation Grant Program ("HMGP") through the Texas Division of Emergency Management ("TDEM") and the U.S. Department of Housing and Urban Development's ("HUD") Community Development Block Grant Disaster Recovery ("CDBG-DR") program through the Texas General Land Office ("GLO"). The federal funding requirements are located in Section U Federal Clauses. Bidders must comply with all requirements associated with the Federal Clauses, including, but not limited to, contracting with small and minority firms, women's business enterprise and labor surplus area firms (2 CFR § 200.321). The work must also comply with the minimum rates for wages for laborers and mechanics as determined by the Secretary of Labor in accordance with the provisions of Davis-Bacon. The federal minimum wage rates for this project are predetermined by the United States Secretary of Labor. These rates are available directly from the Department of Labor at http://www.wdol.qov. Attention is directed to the Davis-Bacon Provisions in Section U Federal Clauses and the Labor Classification and Minimum Wage Scale in Appendix G. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates in Texas for similar classifications of labor, the CONTRACTOR and its subcontractors shall pay not less than the higher wage rate. In accordance with Section U Federal Clauses, and as further detailed therein, bidders shall complete the following bids forms located in Section U Federal Clauses and submit them with their bids: • Anti-Lobbying Certification • Contracting with Small and Minority Firms, Women's Business Enterprise and Labor Surplus Area Firms Certification • Debarment and Suspension Certification 20. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) Bidders shall be subject to 2 CFR § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Affirmative steps shall include: C-8 • Placing qualified small and minority businesses and women's business enterprises on solicitation lists; • Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; • Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; • Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and • Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. Bidders shall submit evidence of compliance with the foregoing affirmative steps when requested by the City, including, but not limited to, submitting the Contracting with Small and Minority Firms, Women's Business Enterprise and Labor Surplus Area Firms Certification with their bid. 21. PRE-BID CONFERENCE Prospective bidders are invited to attend the Pre-Bid Conference outlined in page C-9 of the Information to Bidders. A NON-MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on Thursday, August 31, 2023 at 10:00 a:m., The purpose of the NON-MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. C-9 SECTION D BID SCHEDULE BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR,TEXAS 77640 ALLCO, LLC Proposal of (hereinafter called"BIDDER"),organized and existing under the laws of the State of Texas, doing business as* A CORPORATION and acting by and through, to the CITY OF PORT ARTHUR, Port Arthur, Texas (hereinafter called"OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of EL VISTA SUBDIVISION DRAINAGE IMPROVEMENTS in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within 395 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of$1,500 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 54 of the General Conditions. Enclosed is bid security as required. 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Cn Z `, v t„.t• C L 1 t1 C D O J a v) J L J V) -i- trr < cn N c N c N N 5 a CD a I (o a as a J w CC r- Z ^ y VS D a 11 4a 0 M <'S N1 M 4./} U) U) U) I_ J J J J N D `O F- c Fes- co o d' d co CC; M ar co a N U) U (r) >- >- O I- -- H I I- v a_ c• � � _a Co O 'O o � v '-' v U w in in in w a a a a a a a a a 0 0 0N 0 2 cn cn cn v) LLI a a a a f- _ I I I - N w Q Q UJ o 0 0 o Z W W a • w F- I- U O 0 Z 0 C) 0 o Q iz° d' 0 0 0 o J I_0 W Q 0 w I-- ~ 0 2 0 _I N N N N 0 W N N N N SUBSTITUTIONS 1. No Bid (Add) (Deduct) $ fk 2. No Bid .; j (Add) (Deducts $ �` Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract the lowest responsible bidder submitting a responsive bid based on the basis of TOTAL BASE BID or TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the OWNER. The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the Contractor. Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure payment for all labor and materials. The bid security attached, without endorsement, in the sum of no less than five percent (5%) of the amount bid, is to become the property of THE CITY OF PORT ARTHUR, TEXAS, in the event the contract and bonds are not executed within the time above set forth, as liquidated damages without limitation. AWC Job No. CPA-949 D-16 EL VISTA SUBDIVISION DRAINAGE IMPROVEMENTS Page 18 of 25 Addendum No.2 Respectfully submitted: ALLCO, LLC (NAME OF CONTRACTOR) PO Box 3684, Beaumont, TX 77704 (ADDRESS) BY: TA-k-/Q4AAaZ) 409-860-4459 T.W. HARRISON r t=••-,]ii/ (TELEPHONE NUMBER) / TITLE: PRESIDENT .,` �, !....... ,0•� N/A Q~ cc „ .•'. % (LICENSE NUMBER IF APPLICABLE) DATE: OCl'OBER 4, 2023 .71/1": s a c•(SEAL,IF BIDDER IS A CORPORATION) (ATTEST) AWC Job No. CPA-949 D-17 EL VISTA SUBDIVISION DRAINAGE IMPROVEMENTS Page 19 of 25 Addendum No.2 CITY OF PORT ARTHUR EXCEPTION / APPROVED EQUAL REQUEST [Please submit this form for each exception/approvedequal] VENDOR: ATICO, tJC TELEFAX: 409-860-4459, 409-860-3857 PROJECT: El Vista Subdivision Drainage Improvements PAGE: of PARAGRAPH: SUBJECT: _ `aFydf +SJt,f''fl�I REQUEST: �, , .0 _ : Cignatu e T.W. HARRISON - PRESIDENT FOR CITY OF PORT ARTHUR USE ONLY APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR REP AWC Job No.CPA-949 D-18 EL VISTA SUBDIVISION DRAINAGE IMPROVEMENTS Page 20 of 25 Addendum No.2 SECTION El BID BOND J BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the Undersigned, ALLCO,LLC as Principal, and Colonial American Casualty and Surety Company as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum Of FIVE Percent of the Greatest Amount Bid(5%G.A.B.) for the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves,successors and assigns. Signed, this 4th day of October ,20 23 The Condition of the above obligation is such that whereas the Principal Has submitted to City of Port Arthur a certain BID,attached hereto and hereby made apart hereof to enter into a Contract in writing, for the P23-066 Fl Vista Subdivision Drainage Improvements • NOW,THEREFORE, (a) If said BID shall be rejected,or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here instated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. E-1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers,the day and year first set forth above. ALLCO,LLC fi I ,, (L.S.)PRINCIPAL BY: _ T.W.Harrison,President F fir_ , Colonial American Casualty and Surety CompaDy '• SURETY BY: C Jillia 'Neal,Attorney-In-Fact IMPORTANT-Surety companies executing BONDS must appear on the Treasury Departments most current list(Circular 570 as amended)and be authorized to transact business in the state where the project is located. E-2 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Edward ARENS, Philip BAKER,Michele BONNIN,Milian O'NEAL,Erica A.COX and Rebecca GARZA, all of The Woodlands,Texas,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of November,A.D.2019. i��t ao�trof,� rJ�kry /1,��.—�5ln1 ♦{ i �w� wr Iz:k o; • SEAL ts *Ira S ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President 044/7 By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of November, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Aty�`%o=?� Constance A.Dunn,Notary Public `� My Commission Expires:July 9,2023 ornm,u+. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact, The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: '"That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Cochpany,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of October lam, 2023 ''�DIIDr` t. IN �.�.� o 'SEAL By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 0 ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaciOn o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacion o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede corunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informacion sobre corn- 1-800-252-3439 panias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512)490-1007 Austin, TX 78714-9104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS 0 about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE (1) SEPTEMBER 19,2023 BID FOR: EL VISTA DRAINAGE IMPROVEMENT BID#P23-066 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, September 27, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, September 27,2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli An Williams Purchasing Manager4110111101.- �. f° ° ' °• :O <' s SEPTEMBER 27, 2023 Signature of Proposer •°•.° ,* Date T.W. HARRISON - PRESIDENT y��/: _���:�°• ALLC.'.O, LLC Company Vendor Name (-Iry -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. TWO (2) nrt SEPTEMBER 21,2023 BID FOR: EL VISTA DRAINAGE IMPROVEMENT BID#P23-066 The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time,Wednesday,October 4,2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, October 4, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cliff e illiams ���� � Purchasing Manager ,.r yG°: /i 44 .. . OCTOBE+� 4, 2023 Si: ature o Proposer S , Date T.W. HARRISON - PRESIDEIFD, • N ALLCO, LLC Company Vendor Name SECTIONF a GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause; Termination of Contract for Convenience 4. Personnel 5. Reports and Information 6. Records and Audits 7. Findings Confidential 8. Copyright 9. Compliance with Laws 10. Interest of Members of City of Port Arthur 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 17. Materials, Services and Facilities 18. Contractor's Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. Contractor's Obligations 24. Insurance 25. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 26. Suspension of Work F-4 27. National Historic Preservation Act of 1966 28. Required Provisions Deemed Inserted 29. Safety and Health Regulations for Construction 30. Use and Occupancy Prior to Acceptance by Owner 31. Use of Premises and Removal of Debris 32. Quantities of Estimate 33. Lands and Rights-of-Way 34. Conflicting Conditions in Contract Documents 35. Notice and Service Thereof 36. Separate Contract 37. Subcontracting 38. Architect/Engineer's Authority 39. Meaning of Intent 40. Contract Security 41. Additional or Substitute Bond 42. Assignments 43. Mutual Responsibility of Contractors 44. Acceptance of Final Payment Constitutes Release 45. Payments by Contractor 46. Construction Schedule 47. Payments to Contractor 48. Correction of Work 49. Subsurface Conditions Found Different 50. Claims for Extra Cost 51. Changes in Work 52. Extras 53. Time for Completion and Liquidated Damages 54. Weather Conditions F-5 55. Protection of Work and Property--Emergency 56. Inspection 57. Superintendent by Contractor 58. Civil Rights Act of 1964 59. Section 109 of the Housing and Community Development Act of 1974 60. Indemnification 61. Delays 62. Maintenance of Work 63. Antitrust 64. Labor, Materials, and Equipment 65. Delay, Disruption and/or Other Claims 66. Differing Site Conditions 67. Physical Conditions— Underground Utilities F-6 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Sub-contractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at)the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur,Texas. e. "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. f. "ENGINEER": City Engineer, City of Port Arthur,Texas 3. TERMINATION OF CONTRACT FOR CAUSE; TERMINATION OF CONTRACT FOR CONVENIENCE Termination for Cause. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR- PUBLIC WORKS, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. Termination for Convenience. The CITY OF PORT ARTHUR may, by written notice to CONTRACTOR, terminate this Contract for convenience, in whole or in part, at any time by giving written notice to CONTRACTOR of such termination, and specifying the effective date thereof. If F-7 the termination is for the convenience of the CITY OF PORT ARTHUR, the CITY OF PORT ARTHUR shall compensate CONTRACTOR for work fully and adequately provided through the effective date of termination. CONTRACTOR specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all Personnel required in performing the work under this Contract. Such personnel shall not be Employees of or have any contractual relationship with the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative,and will be retained for three(3)years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws,ordinances,rules,orders,regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. F-8 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and F-9 the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b)a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment,and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof,the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute,complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for F-10 testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 20. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers'or vendors'names,trade names,catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. b. If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception,the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with F-11 work agreed to be performed under this Contract,and shall indemnify the OWNER for any cost,expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS a. The Engineer will provide one bench mark, near or on the site of the work, and will provide 2 points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements,the CONTRACTOR shall furnish all other lines,grades,and bench marks required for proper execution of the work. b. The CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the General Requirements)and shall preserve all bench marks,stakes,and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor's employees, the CONTRACTOR shall be responsible for the accurate replacement of such reference points by professionally qualified personnel at no additional cost to the OWNER. c. Unless otherwise expressly provided for in the Specifications, the OWNER will furnish the CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications,and shall do,carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5.) 25. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead- Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under subpart F-12 B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f)thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 26. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 27. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 28. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted,then upon the application of either party,the Contract shall forthwith be physically amended to make such insertion or correction. 29. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract,the CONTRACTOR F-13 shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act,as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 30. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s)permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 31. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 32. QUANTITIES OF ESTIMATE F-14 Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 33. LAND AND RIGHTS-OF-WAY Prior to the start of construction,the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 34. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Section U Federal Clauses, Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds (if any), Proposal,Special Conditions(including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 35. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted,by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 36. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTOR'S. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTOR'S and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTOR'S. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 37. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor,which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. F-15 d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. In addition to the provisions,the CONTRACTOR shall perform not less than 50 percent of the "Services" as shown on the bid form with its own forces. The 50 percent requirement shall be understood to refer to the "Services" line on the bid form, based on estimated quantities. 38. ARCHITECT/ENGINEERS AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications,the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 39. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 40. CONTRACT SECURITY If the Contract amount exceeds Twenty-five Thousand Dollars ($25,000),a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000.00) a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent(100%) than that prescribed by state,territorial or local law,as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 41. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER,for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds)in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 42. ASSIGNMENTS F-16 The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 43. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 44. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 45. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay(a)for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b)for all materials, tools and other expendable equipment to the extent of ninety percent(90%)cost thereof,no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials,tools and equipment are incorporated or used, and (c)to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 46. CONSTRUCTION SCHEDULE A. The successful Bidder shall, within seven (7) calendar days of the date of the Notice of Award and prior to issuance of the Notice to Proceed, submit a detailed Critical Path Method (CPM) Construction Schedule, hereinafter called"Schedule". The Schedule shall follow the"Sequence of Work" which is listed in the Scope of Work section of these Contract Documents. The Schedule shall consist of the following: 1. A logic network CPM arrow or precedence diagram of sufficient detail to construct each segment of the project and to construct the total project. 2. A detailed activities list which includes the following information in tabular form: a. A listing of all submittal, production, procurement and construction F-17 management activities; b. The expected duration (in days) of each activity listed; c. The activities upon which the start of each activity depends; d. The resource requirements(manpower, material and equipment)for each activity; and e. An estimated dollar value of each activity such that the sum total value of all activities equals the total dollar value of the Bid. B. The Owner will review with the CONTRACTOR the proposed CPM schedule submitted by the CONTRACTOR. The purpose of this review is to assure adequate planning for the proper and timely execution of the Work and to assist the Owner in appraising the suitability of the proposed network Schedule for construction of the project. C. Upon acceptance by the OWNER the Schedule will become the basis for monitoring and measuring the progress of the Work. To assure proper tracking of progress throughout the performance of the Work, the CONTRACTOR shall maintain and continuously update his detailed network Schedule. The CONTRACTOR shall, during the first week of each month and at other times as the OWNER may request, furnish to the OWNER an updated schedule which is clearly marked to show the actual percent completion of each activity as of the date of the Schedule update. The CONTRACTOR shall submit with the Schedule update, a narrative report of the progress made during the period covered by the Schedule update. This report shall outline accomplishments during the reporting period and shall include a discussion of problems encountered and of how those problems have been or will be dealt with. The narrative report shall also include a discussion of changes or other items encountered which, in the opinion of the CONTRACTOR,may cause problems to the future progress of the Work. The CONTRACTOR shall include in the report a plan of action for overcoming the potential problems stated. a. The OWNER retains the right to withhold progress payments until the CONTRACTOR'S updated schedule has been accepted by the OWNER. b. During the course of the Work the Schedule may be revised by agreement of the OWNER and the Contractor. Each revision of the Schedule shall supersede and replace all previous versions of the Schedule. The revised Schedule shall include the following information: 1. Date of revision; 2. Identification of all changes made to the original schedule, including the incorporation of an anticipated Change Orders; 3. Concise narrative explanation of the reasons for each change. c. The CONTRACTOR may request Schedule revisions by submitting a revised Schedule in the form outlined above. However, if the OWNER cannot agree to the suggested revisions, the Contractor shall make those adjustments as may be required to maintain the original Schedule. d. Responsibility for the CONTRACTOR'S Schedule(s) in all aspects, assumptions and implications, either known or unknown, made or assumed, by the CONTRACTOR in the preparation of his Schedule(s), is entirely that of the CONTRACTOR. Acceptance of the F-18 CONTRACTOR'S schedule(s) by the OWNER shall in no way make the OWNER responsible for the execution or non-execution of the CONTRACTOR'S schedule nor is the OWNER responsible or liable in any way for any acts, errors,omissions or negligence of the CONTRACTOR or any Sub-contractor or any of the CONTRACTOR'S or Sub- contractor's agents, assigns, servants or employees or any other person, firm or corporation performing or attempting to perform the Work. 47. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30)calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds$25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided,that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the City of Port Arthur Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer(ten)10 working days prior to the next scheduled City of Port Arthur Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may,after having served written notice on the said CONTRACTOR,either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to F-19 the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work,all materials,whether incorporated in the work or not,all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstructor correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; F-20 (6) Social Security and old age unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent(15%)of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, and any other general expenses. OWNER shall only direct the CONTRACTOR to perform a time and materials change order for extra work under(c)above after a determination by OWNER that no other type of change order is suitable for the changes in work (for example, a lump sum amount) and the change order shall include a ceiling price that the CONTRACTOR exceeds at its own risk. Notwithstanding any other provision in the Contract Documents, including, but not limited to, this Article 52 in the General Conditions, profit must be separately negotiated as an element of price on all change orders. To establish a fair and reasonable profit, consideration must be given to the complexity of the extra work, the risk borne by the CONTRACTOR, the CONTRACTOR's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. All costs must be (i) necessary and reasonable; (ii) allocable to the project; and (iii) adequately documented. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering,adding to or deducting from the work,the Contract sum being adjusted accordingly,and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officiallyfor the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract;and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly,diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed,by and between the CONTRACTOR and the OWNER,that the time for the completion of the work described herein is a reasonable time for the completion of same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time 111 herein specified,or any proper extension thereof granted by the OWNER,then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing 1111 the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by F-21 the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided,that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7)hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. Provided, further, that the CONTRACTOR shall, within ten (10) working days after total calendar days delayed have been used up in the contract time and such delay thereafter, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefore as provided and if approved therefore by Engineer. Such delays shall include acts of neglect by the OWNER or others performing additional work, or by acts of God or of the public enemy, fire, floods, epidemics,quarantine restrictions,strikes,labor disputes,sabotage,or freight embargoes. All time limits stated in the Contract Documents are of the essence of the Agreement. Provided,that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS Inclement weather is any weather condition or conditions resulting immediately there-from, causing the CONTRACTOR to suspend construction operations or preventing the CONTRACTOR from profitably utilizing at least 75 percent of the normal labor and equipment force engaged on the Work. F-22 Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the forecast by the local NOAA Weather Reporting Station of 30% or greater chance of inclement weather, or the conditions resulting from the weather, or the condition of the Work prevents work from beginning at the usual starting time, and the crew is dismissed as a result thereof,the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations. In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct,the CONTRACTOR will,and will cause his Subcontractors to,protect A carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. 56. PROTECTION OF WORK AND PROPERTY--EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act,without previous instructions from the Architect/Engineer,in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. 57. INSPECTION The authorized representatives and agents of the shall be permitted to inspect all work, materials,payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice&Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program F-23 or activity of the City of Port Arthur. 60. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 61. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers,agents,and employees,from and against all damages,claims,losses, demands,suits,judgements,and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property(other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications,or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury ordamage. 62. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY OF PORT ARTHUR to provide information or material, if any,which is to be furnished by the CITY OF PORT ARTHUR.When such extra compensation is claimed,a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City of Port Arthur Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 63. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1)year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents,any work is found to be defective,CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, F-24 correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under paragraph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State of Texas and such Paragraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 14. 64. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti-trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). 65. LABOR, MATERIALS, AND EQUIPMENT: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written notice and approval by the Engineer. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the OWNER any additional cost incurred by the OWNER as a result of such work. b. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime work, i.e.,work in excess of eight(8)hours in any one calendar day or forty(40) hours in any one (1)calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid to the CONTRACTOR for overtime work only in the event that extra work is ordered by the Engineer, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. c. All costs of inspection and testing performed during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The OWNER shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. d. Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials,equipment,labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, e. Telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing,performance,testing,start-up,and completion of the work. F-25 f. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer,the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the OWNER, nor any of the OWNER'S consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions. 66. DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly (but in no case later than ten (10)calendar days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10)calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. 67. DIFFERING SITE CONDITIONS: a. The CONTRACTOR shall notify the Engineer in writing of the following unforeseen conditions,hereinafter called differing site conditions, promptly upon their discovery(but in no event later than 14 calendar days) and before they are disturbed: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed and 2. Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed. b. The Engineer will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the OWNER in writing of the Engineer's findings and conclusions. c. If the OWNER concludes that because of newly discovered conditions a change in the Contract Documents is required,a Change Order will be issued as provided,to reflect and document the consequences of the difference. d. In each such case, an increase or decrease in the Contract Price or an extension or reduction of the contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the OWNER and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in the General Conditions. e. The CONTRACTOR'S failure to give notice of differing site conditions within fourteen(14) F-26 calendar days of discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith,whether direct,consequential,or inconsequential in nature. f. Nothing herein shall be deemed to require the OWNER to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction 68. PHYSICAL CONDITIONS - UNDERGROUND UTILITIES a. Shown or Indicated: The information shown or indicated in the Contract Documents with respect to existing, underground utilities at or contiguous to the site is based on information and data furnished to the OWNER or the Engineer by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions, the Owner and the Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground utilities shown or indicated in the Contract Documents,for coordination of the work with the owners of such underground utilities during construction,for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the Contract Price. b. Not Shown or Indicated: If an underground utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and shall notify the Engineer in accordance with the requirements of the General Conditions. F-27 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE 1/10/23, 10:59AM SAM.gov "General Decision Number: TX20230052 01/06/2023 Superseded General Decision Number: TX20220052 State: Texas Construction Type: Heavy Counties: Jefferson and Orange Counties in Texas. FLOOD CONTROL, including: Breakwaters, Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood Control Projects, Irrigation Projects, Jetties, Land Drainage (not incidental to other construction), Land Leveling (not incidental to other construction), Land Reclamation, Levees, Pipelines, Ponds Pumping Stations (prefabricated drop-in not building ), Revetments. Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an . The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. If the contract was awarded on . Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract. contract is not renewed or . The contractor must pay all extended on or after January covered workers at least 30, 2022: $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2023. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. https://sam.gov/wage-determination/TX20230052/0 1/5 1/10/23, 10:59AM SAM.gov Modification Number Publication Date 0 01/06/2023 SUTX1990-035 01/31/1990 Rates Fringes CARPENTER $ 10.965 ** .90 Heavy Equipment Operator Heavy duty mechanic, blade grader (self-propelled), bull clam, backfiller, derrick (power operated, all types); dragline, push cat operator; bulldozer & all types of cat tractors; cable-way; backhoe, shovel, crane (power operated, all types), elevating grader (self- propelled), hoist (motor driven 2 drums or more), mix mobile, winch truck, locomotive crane, mixer (14 cubic feet or more), paving mixer (all sizes), scraper (heavy type over 3 CY), trench machine (all sizes), gradeall, high lift, foundation boring machine, gasoline or diesel driven welding machines (7 to 12 machines pumperete machines & drill operator, water well, tournapulls, DW-10 euclid, asphalt plants, crushing machines & batchplants, scoopmobiles, fingerlifts, open construction $ 7.25 ** LABORER $ 7.25 ** Light Equipment Operator Air compressor, blade grader (towed), flexplane, form grader, mixer (less than 14 cu. ft.), pumps pulsometer, truck crane driver, gasoline or diesel driven welding machines (3 to 6 machines), hoist (single drum), scrapers (3 cu. yds. or less) $ 7.25 ** Oiler $ 7.25 ** Piledriver $ 7.25 ** PILEDRIVERMAN $ 11.26 ** .85 TRUCK DRIVER $ 7.25 ** https://sam.gov/wage-determination/TX20230052/0 2/5 1/10/23, 10:59AM SAM.gov WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. https://sam.gov/wage-determination/TX20230052/0 3/5 1/10/23, 10:59AM SAM.gov Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the https://sam.gov/wage-determination/TX20230052/0 4/5 1/10/23, 10:59AM SAM.gov Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" https://sam.gov/wage-determination/TX20230052/0 5/5 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America,and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) MINIMUM WAGES (i) All laborers and mechanics employed or working upon the site of the work 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 29 CFR 5.5(a)(1)(iv); 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 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 classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) 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) Additional Classifications. (A) 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. HUD 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; (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, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division("Administrator"), Employment Standards Administration, U.S.Department of Labor,Washington,D.C.20210.The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget ("OMB") under OMB control number 1235-0023.) (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination.The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.(Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (D) The wage rate(including fringe benefits,where appropriate)determined pursuant to subparagraphs(1)(ii)(B)or(C) of this paragraph,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.(Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. 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,all or part of the wages required by the contract,HUD or its designee 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due.The U.S. Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) Payrolls and basic records. (i) Maintaining Payroll Records. 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.Such records shall contain the name,address,and social security number of each such worker,his or her correct classification(s), 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.(Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports. (A) The contractor shall submit weekly,for each week in which any contract work is performed,a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee(e.g.,the last four digits of the employee's social security number).The required weekly payroll information may be submitted in any form desired.Optional Form WH- 347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker,and shall provide them upon request to HUD or its designee if the agency is a party to the contract,but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (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 provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), 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 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;and (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 subparagraph (a)(3)(ii)(b). (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 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection,copying,or transcription by authorized representatives of HUD or its designee or the U.S. 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, HUD or its designee may, after written notice to the contractor, sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services, 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 determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,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 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 29 CFR Part 5 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 will insert in any subcontracts the clauses contained in subparagraphs (1) through(11)in this paragraph(a)and such other clauses as HUD or its designee may,by appropriate instructions,require,and a copy of the applicable prevailing wage decision, 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 this paragraph. (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 U.S. 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 HUD or its designee, the U.S. Department 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (Hi) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§287, 1001, 1010, 1012;31 U.S.C. §§3729,3802. (11)Complaints, Proceedings,or Testimony by Employees. No laborer or mechanic,to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph,the terms"laborers"and "mechanics" include watchmen and guards. (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 the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1)of this paragraph,the contractor,and any subcontractor responsible therefor,shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) 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 subparagraph B(1)of this paragraph,in the sum set by the U.S.Department of Labor at 29 CFR 5.5(b)(2)for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note),the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. 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 contract, 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 subparagraph B(2)of this paragraph. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4)of this paragraph 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 subparagraphs B(1)through(4)of this paragraph. C. HEALTH AND SAFETY The provisions of this paragraph (c)are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous,or dangerous to his or her health and safety,as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96),40 U.S.C.§3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract,so that such provisions will be binding on each subcontractor.The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT-PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled EL VISTA SUBDIVISION DRAINAGE IMPROVEMENT B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances,tools, equipment,transportation,services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of drainage improvements. The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning or any subsidiary item which is customarily furnished, and the Contractor shall deliver the installation to the OWNER in operating condition. C. PLANS. City of Port Arthur El Vista Subdivision Drainage Improvement Drawings dated May 2022 D. BASIS OF PAYMENT. All work outlined in Paragraph A. above, and shown on PLANS listed in Paragraph B. above, is included in items of BID for which unit prices are shown, and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. City reserves the right to schedule sequence of construction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. I. A,S-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red ink to show as-built dimensions and location of all work constructed. H-38 J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in re-staking. H-39 SUPPLEMENTAL GENERAL CONDITIONS-PART B A. TECHNICAL SPECIFICATIONS /. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a"note"occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein,or both,including all labor,materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society H-1B PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer,stake out work,establish elevations,and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: I. One Structure at Site. Benchmark and reference hubs at two corners of structure. ?. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line,valves,and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. S. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. H-2B D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections,the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. F. VARIATIONS DUE TO EOUIPMENT. Foundations, structural supports, electrical work,and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. H-3B If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor,submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review.Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Pre-stressed reinforced concrete members. S. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. I. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. H-4B 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety(90)days after approval of shop drawings,product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test,and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 81/2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 8''A-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form,schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates.No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above H-5B guarantee.Notice of observed defects will be given with reasonable promptness.Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EOUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction,remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 56 of GENERAL CONDITIONS OF AGREEMENT,the following applies: "Where necessary to take down fences,signs,or other obstructions,replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." H-6B R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or,where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed,place properly worded sign announcing fact to public,with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. H-7B U. FINAL INSPECTION, When construction is substantially complete as determined and approved by the City Engineer, Contractor and City of Port Arthur representatives will walk through the project from start to end limits to develop a punch list which notes and marks on site work deficiencies. This punch list of work deficiencies will be rectified and completed within thirty (30) calendar days from the date contractor has received the formal written Punch List notice. Failure to repair deficiencies or replace defected materials after thirty 30 calendar days, entitles the Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Retainage. Retainage Payment will only be released when the following are submitted and complied for Closing out of Project: 1. Completion of Punch List. 2. As-Built drawings submittal. 3. Substantial Completion Letter from contractor and Approved by City Engineer. 4. Affidavit of all Labors Paid. 5. Affidavit of all Materials Paid. 6. Certificate of Warranty—City of Port Arthur form signed by Contractor. 7. Contractor's Certificate and Release- City of Port Arthur form signed by Contractor. 8. Engineer's Certificate of Acceptance- City of Port Arthur Engineer. H-8B SECTION PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of County of , and State of , as Principal, and as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of: Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2022, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas(compiled as Article 5160 of Vernon's Texas Civil Statutes,as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law,this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder,shall in anywise affect the obligation of this bond,and surety expressly waives notice of any such change, extension of time, addition or modification. I-I • IN WITNESS WHEREOF,the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D.,2023. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. if CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. I-2 i SECTION J L PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas,the Principal entered into a certain Contract with the OWNER, dated the day of 2023, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. J-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED,FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original,this the day of , 2023. ATTEST: Principal BY: (s) (Principal)Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J-2 SECTION K NOTICE OF AWARD NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO.: CONTRACT FOR CONSTRUCTION OF: EL VISTA SUBDIVISION DRAINAGE IMPROVEMENT PROJECT ******************************************************************************* You are notified that your Bid dated ,2023 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The El Vista Subdivision Diainage Improvement Project The Contract Price of your contract is $( ). Work to be performed under this contract is to be completed within 3 calendar days. 5 copies of each of the proposed Contract Documents(except Drawings)accompany this Notice of Award. 5 sets of Working Documents (Contract Documents, Technical Specifications and Drawings)will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) Calendar days of the date of this Notice of Award,that is by ,or by the first working day thereafter. 1. You must deliver to the ENGINEER 5 fully executed counterparts of the Agreement including all the Contract Documents and Certifications included with the Contract Documents. 2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the Advertisement for Bids,General Conditions and Supplemental Conditions. 3. You must deliver to the ENGINEER 2 original Certificates of Insurance,naming the Owner (City of Port Arthur) and their respective agents and employees,to be expressly named as additional insureds,in accordance with the General Conditions. NOTICE OF AWARD 1/2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default,to annul this Notice of Award,and to declare your Bid Security forfeited. Within fifteen (15) calendar days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: CITY OF PORT ARTHUR,TEXAS BY: TITLE: ACCEPTANCE OF AWARD: CONTRACTOR: BY: TITLE: DATE: 2/2 SECTION L NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACTNO. CONTRACT FOR: EL VISTA SUBDIVISION DRAINAGE IMPROVEMENT PROJECT **************************************************************************************************** Work to be performed under this contract is to be completed within 225 calendar days. You are notified that the Contract Times under the above contract will commence to run on . By that date,you are to start performing your obligations under the Contract Documents. The date of Final Completion will be Before you may start any Work at the site, Section C, Paragraph 5 of the Contract Documents provides that you must deliver to the OWNER Certificates of Insurance which you are required to purchase and maintain in accordance with the Contract Documents. (Owner/Engineer) BY: (Authorized Signature) (title) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: ie (Me) SECTION M INSURANCE AC-ORO CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION N TECHNICAL SPECIFICATIONS m m C C O n x , n Z . n c n,- Z Z O D p C <, _ A D D m H O 3 OT E, Z Z i m m m O z O N z n A F. 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' 'i ! i z `Z 33 ,,' ! III 1 1! i .! -1 .:i '-'''. ,-, X ' YO 81'71 8"....!. !,, i.7‘f[1.A 7.T`.[' : 8 i'`•''n, 18 i'..',"`r "e 8 c 16 TI- 8•:-.: ,,, 'Z'57`rIg 18.•=1 It: 2888c 2. 8 -,- g a; -Yo .,.. " .-4,1•:8 tts -*a --g a.' H tia a, =17. 8 F.El I-.Ei !" 4 I.- 1 : 1 ' • , . , ---I 1 , • - i - 1 r`f t 1 i --F I H H— E -,' - i ,71( i•?,-Tml'Pqg '-''.F., — --1 '0 ,15,:), ''4;;,';i•.F;1, I'-! - f• 1.3 5-1 vet----r-7".:‘,„ i II tc„ Y$ dT 39 38 37 'r 0 ail ;g PINE STREET -1„ • ! -� f 1 f I I I F 1 1 I 1 1 I I —S_�Kn'�.-! IN NYo trm r t�.N.mI -Yy it.m - tMUO—l��EdL:Y 3ir!_.--IS -- !'MN. IB 11' it II 3 -. QWILLOW AVENUE cA. I -' 1 � v— 3 n Y r. 42 - 41 40 CHERRY STREET INQI� 8 T. �I l _It - 1-I' 4-L i It lhi C Y A,...L.r O ®yµI�_1$_ �t 43 1 g �}..,,� SJ_. "__'�----- b Nro��I.OI='Fwo Il t.W -,I x —I DAISY DRIVE I-1 .$� g 1 B c as i e -11r 1 H o H § $ A. g REBA DRIVE I'T _I_ g 47 1. SUCRNER DRIVE ^.g .F-.. w_m(9. ��� it ^ 4 a.., 1 uwo 1 I� T_ .uo tnwn wm bwo iw.1,11 . , t.m \\I �' ROOSEVELT AVENUE 1e i s n p m3 i €- ` ±d ZZs �< < Tm z. O c a me r0 E'S,2cH xo . * g o Gm '� e r = rn S 4 `m 1, a;o io m 41 o-ni a9 O e i `-� y m aA Os< yA tis' 1 ,f 3 m N V xi liiy.t ;;.- m F The Specifications are the information presented in the drawing. SECTION GOVERNING CONSTRUCTION SPECIFICATIONS GOVERNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation(TXDOT)2014 Standard Specifications for Construction of Highways, Streets and Bridges as adopted by the State of Texas. These items which are listed below and which are contained in the TX DOT 2014 Standard Specifications are hereby adopted and made part of the Contract Documents to the same extent as if they were herein reproduced in full subject to such modifications, revisions or supplements as may appear in the section entitled Special Provisions in these Contract Documents to follow: Standard Specifications: Item 5 Control of Work Item 7 Legal Relations and Responsibilities Item 8 Prosecution and Progress Item 100 Preparing Right of Way Item 104 Removing Concrete Item 105 Removing Stabilized Base and Asphalt Pavement Item 110 Excavation Item 132 Embankment Item 164 Seeding for Erosion Control Item 210 Rolling Item 247 Flexible Base Item 260 Lime Treatment(210)(216) Item 276 Cement Treatment(Plant Mix)(204)(210)(216)(300)(520) Item 300 Asphalts,Oils, and Emulsions Item 340 Dense-Graded Hot-Mix Asphalt(Method)(300)(301)(320)(520)(585) Item 360 Concrete Pavement(421)(420)(438)(440)(529) Item 400 Excavation and Backfill for Structures(132)(402) Item 402 Trench Excavation Protection Item 403 Temporary Special Shoring Item 420 Concrete Structures Item 432 Riprap Item 462 Concrete Box Culverts and Drains Item 464 Reinforced Concrete Pipe Item 465 Manholes and Inlets(420)(421) (427)(440)(442)(471) Item 466 Headwalls and Wingwalls 0-1 Item 479 Adjusting Manholes and Inlets Item 496 Removing Structures Item 500 Mobilization Item 502 Barricades, Signs,&Traffic Handle Item 504 Field Office and Laboratory Item 506 Temporary Erosion, Sedimentation,and Environmental Controls Item 529 Concrete Curb&Gutter(360)(420)(421)(440) Item 530 Driveways and Turnouts(247)(276)(360)(421)(440) Item 531 Sidewalks Item 560 Mailbox Assemblies Item 644 Small Roadside Sign Support and Assemblies(421)(440)(441)(442)(445)(634)(636) (643)(656) Item 760 Cleaning and Reshaping Ditches Item 764 Pump Stations and Drainage System Cleaning 0-2 SECTION P QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED TO: CITY OF PORT ARTHUR BY ALLC O, LTC [Corporation,Eggegailoatimeag PRINCIPAL OFFICE 6720 COLLEGE, BEAUMONT, TX 77707 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 38 YEARS 2. How many years'experience in this type of construction work has your organizationhad? (a) As a general contractor 38 YEARS (b) As a sub-contractor N/A 3. What projects has your organization completed? Contract ' Class of When Name and Address' Amount Work Completed of Owner PLEASE SEE THE MITACMEIL P-1 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,627,382 City Jasper ARPA 2023 Jasper LJA Engineers Sanitary Sewer Line Jasper 2615 Calder Ste 500 Replacement Texas Beaumont,TX 77702 409-833-3363 808,376 9t'Avenue Sanitary 2023 Port Arthur City of Port Arthur Sewer Main.Replacement Jefferson 444 rt4 h Street 77640 Texas 409-983-8160 2,320,000 Harvey Infrastructure 2023 Beaumont City of Bevil Oaks Improvement Project Hardin 13560 River Oaks Blvd. Texas Beaumont,Texas 77713 409-833-3363 10,000,000 Florida 2023 N/S Florida Florida DEO Commercial/Residential Various - 107 E.Madison St. Disaster Recovery Florida Tallahassee,Florida 32399 850-717-8449 9.975,000 Wastewater Treatment 2023 Magnolia City of Magnolia Plant Expansion Montgomery 18111 Buddy Riley Blvd Texas Magnolia,Texas 77354 281-356-2266 4,450,540 Stewart's Creek 2022 Conroe City of Conroe Trunk Line Montgomery 300 W. Davis Street Replacement Texas Conroe,Texas 77301 936-522-3136 1,534,148 City of Orange 2022 Orange Fittz&Shipman Engineers Eagle Point Parkway Orange 1405 Cornerstone Court &Medical Center Dr. Texas Beaumont,Texas 77706 Phase I 409-832-7238 1,280,000 City Nederland 2022 Nederland LJA Engineers Wastewater Treatment Jefferson 2615 Calder Suite 500 Plant Upgrades Texas Beaumont,Texas 77702 409-833-3363 493,332 City Anahuac Sludge 2022 Anahuac LJA Engineers Basin Conversion Chambers 2615 Calder Ste 500 Project Texas Beaumont, TX 77702 409-833-3363 F ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 6,027000 Bolivar Beach Club 2022 Crystal Beach Bolivar Beach Club RV LLC RV Resort Galveston 1709 Hunters Trail Texas Friendswood,Texas 77546 281-639-0451 3,054,000 City of Mont Belvieu 2022 Mont Belvieu Jones Carter Cotton Bayou WWTP Harris 6330 West Loop South Ste 150 Dewatering Facility Texas Houston,Texas 77401 713-777-5337 3,523,000 Lake Tawakoni 2022 Point Sabine River Authority Spillway Channel Rains PO Box 579 Bank Stabilization Texas Orange, Texas 77631 409-746-2192 16,450,000 Washington Blvd 2021 Beaumont City of Beaumont Improvements Jefferson 801 Main Street Texas Beaumont, Texas 77701 409-880-3725 1,100,000 Sewer Plant 2021 Beaumont City of Beaumont Pump Replacement Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 12,447,985 Sabine River Authority 2021 Deweyville Gamey Construction Pump Station-Civil Orange 1772 West Sam Houston Pkwy North Piping-Sitework Texas Houston,Texas 77403 281-763-7772 1,383,000 Filter Rehabilitation 2021 Nederland Jefferson County WCID#10 and Clearwell Jefferson 3707 Central Blvd. Texas Nederland,Texas 77627 409-722-6922 1,889,500 Trickling Filters 2021 Beaumont City of Beaumont Rehabilitation Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3752 II 499,117 City of Woodville 2021 Woodville KSA Engineers Wastewater Treatment Tyler 211 E. Shepherd Ste. 205 Plant Mechanical Screen Texas Lufkin,Texas 75901 936-637-6061 ALLCO LIST OF COMPLETED CIVIL/BEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 784,981 Lift Station Emergency 2021 Port Arthur City of Port Arthur Repairs Jefferson /111 Fourth Street Texas Port Arthur,Texas 77640 409-983-8161 46,688,000 Alligator Bayou Pump 2020 Port Arthur Jefferson County Drainage District 7 Station Annex Jefferson P.O.Box 3244 Texas Port Arthur,Texas 77642 409-985-4369 1,400,000 l lth Street 2020 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 892,000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Bar Screen Texas Beaumont,Texas 77701 409-880-3725 75,000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Secondary Clarifier Texas Beaumont,Texas 77701 Junction Box 409-880-3725 5,389,000 Sanitary Sewer System 2020 Liberty BR Green Improvements Phase 1 Liberty 11011 Richmond Ave, Ste 200 Texas Houston,Texas 77042 713-965-9996 5,185,000 Street Rehabilitation 2019 Beaumont City of Beaumont City Wide Phase 1 Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 4,215,000 Levee 26 Construction 2019 Nederland Sabine Neches Navigation District Jefferson P.O. Box 778 Texas Nederland,Texas 77627 409-729-4588 3,095,000 Discharge Pipe 2019 Beaumont Lower Neches Valley Authority 1,2& 5 Rehab Jefferson P.O. Box 5117 Texas Beaumont,Texas 77726 409-892-4011 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,724,766 Wastewater Treatment 2019 Beaumont Schaumburg &Polk Inc. Sludge Thickner/Belt Jefferson 8865 College Street Press Rehabilitation Texas Beaumont, Texas 77707 409-866-0341 1,058,961 Replacement of 2019 Westlake City of Westlake Sewer Transport Calcasieu Parish P.O. Box 700 Line,Phase 1 Louisiana Westlake, Louisiana 70669 337-433-0691 2,581,500 Water Treatment Plant 2019 Beeville Enprotec/Hibbs & Todd Pretreatment Improv. Bee 402 Cedar St. Texas Abilene, Texas 79601 832-698-5560 5,343,000 High Surface Pump 2019 Baytown Shrader Engineers Station Improvements Harris 750 Towne& Country Ste 650 Baytown Water Authority Texas Houston, Texas 77042 713-467-9961 3,212,000 Dowlen Road ACP 2019 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 12,605,000 Surface Water Treatment 2018 Port Arthur Arceneaux Wilson& Cole Plant Improvements Jefferson 2901 Turtle Creek Dr. #320 Phase I Texas Port Arthur Texas 77642 409-724-7888 2,861,000 Wastewater Treatment 2018 Orange Schaumburg&Polk Plant Expansion Phase Orange 8865 College Street 2A&2B Texas Beaumont Texas 77707 409-866-0341 726,000 Keith Road 16" Water 2018 Beaumont City of Beaumont Line Installation Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 533,700 Bigner Road Asphalt 2018 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 23,750,000 Surface Water Treatment 2018 Port Arthur Arceneaux Turtle Creekn&D Colee. 320 Plant Improvements Jefferson 2901 Phase 2 Texas Port Arthur Texas 77642 409-724-7888 2,200,000 City of Anahuac 2017 Anahuac Carroll &Blackman Wastewater Treatment Chambers 3120 Fannin Street Plant Rehab Contract A Texas Beaumont Texas 77702 409-833-3363 1,300,000 City of Rose City 2017 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 740,000 Asphalt Road Repairs 2017 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 3,260,000 Jack Brooks Regional 2017 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 2,690,000 Port Acres Wastewater 2016 Port Acres Arceneaux eauxTurtl Wilson Dr. #320 Treatment Plant Jefferson Improvements Texas Port Arthur Texas 77642 409-724-7888 3,260,000 Jack Brooks Regional 2016 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 300,000 Site Grading Port 2016 Port Arthur Arceneaux Wilson& Cole Arthur Business Park Jefferson 2901 Turtle Creek Dr. #320 Texas Port Arthur Texas 77642 409-724-7888 740,000 Asphalt Road Repairs 2016 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,300,000 City of Rose City 2016 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 5,600,000 Crenshaw Water Plant 2016 Pasadena City of Pasadena Ground Storage Tank Harris 1114 Davis Street Ste. 300 Texas Pasadena Texas 77506 713-475-4995 7,950,000 Water Treatment Plant 2016 Livingston Enprotec/Hibbs & Todd Lake Livingston Water Polk 402 Cedar Street & Sewer Service Corp Texas Abilene Texas 79601 325-698-5560 1,612,000 Coopers Gully Pump 2015 Orange Carroll&Blackman Inc. Station- City of Orange Orange 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 3,400,000 Water System Improv. 2015 Port Arthur Arceneaux& Gates Keith Lake to Sabine Pass Jefferson 2901 Turtle Creek Drive Standpipe Texas Port Arthur Texas 77642 409-724-7888 1,130,000 Wastewater Treatment 2015 Orange Schaumburg&Polk Plant Improvements Orange 8865 College Street Phase IA&IB Texas Beaumont Texas 77707 409-866-0341 3,200,000 24" Waterline City of 2015 Port Arthur Arceneaux& Gates Port Arthur-19th St. to Jefferson 2901 Turtle Creek Drive Sabine Neches Canal Texas Port Arthur Texas 77642 409-724-7888 3,492,000 Sanitary Sewer Impr 2015 Beaumont City of Beaumont 54" Interceptor Jefferson 1350 Laugham Texas Beaumont Texas 77707 409-785-3000 1,750,000 Wastewater Collection 2015 Nederland Schaumburg&Polk Inc. Rehabilitation Jefferson 8865 College Street Texas Beaumont Texas 77707 409-866-0341 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 • 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 4,500,000 Orange County 2014 Vidor Carroll&Blackman WCID#1 Cloverleaf Orange 3120 Fannin Tiger Lake Lift Texas Beaumont Texas 77702 Station/Force Main 409-833-3363 1,800,000 City of Missouri City 2014 Missouri City Enprotec/Hibbs &Todd Prestressed Concrete Fort Bend 402 Cedar Street Clearwell Texas Abilene Texas 79601 325-698-5560 2,500,000 Asphalt Road Repair 2014 Bridge City d.p. Consulting Engineers City Wide-Bridge Orange 3727 Doctors Drive City Texas Port Arthur Texas 77642 409-983-6263 430.000 Clarifier Rehabilitation 2014 Orange Firestone Polymers Orange 5713 FM 1006 Texas Orange Texas 77630 409-924-4626 457.000 Post Office Lift Station 2014 Port Neches Carroll&Blackman Inc. Improvements Jefferson 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 2,400,000 Fort Polk Sewer 2014 Fort Polk Arceneaux&Gates American Water Vernon 3501 Turtle Creek Drive Louisiana Port Arthur Texas 77642 409-724-7888 10,000,000 Richland Chambers 2013 Fairfield Alan Plummer Associates Wetland Expansion Navarro 1349 Empire Central Ste 1000 Improvements Texas Dallas Texas 75247 214-631-6100 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,000,000 Water System 2013 Nederland City of Nederland Improvements Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 • 2,700,000 Sanitary Sewer 60" 2013 Beaumont City of Beaumont Trunk Outfall Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 1,150,000 Asphalt Road Repair 2013 Bridge City d.p. Consulting Engineers Repair City of Bridge City Orange 3727 Doctors Dr. Texas Port Arthur Texas 77642 409-983-6263 9,971,000 Main&Port Acres 2012 Port Arthur Arceneaux&Gates WWTP Rehabilitation Jefferson 2901 Turtle Creek Dr. Ste.201 City of Port Arthur Texas Port Arthur Texas 77642 409-724-7888 3,500,000 Sanitary Sewer 2012 Port Arthur City of Port Arthur Rehab Contract 6 Jefferson P.O. Box 1089 Texas Port Arthur Texas 77640 409-983-8226 1,700,000 Diboll Water System 2012 Angelina KSA Engineers Northside Diboll 107 W.Lufkin Avenue Texas Lufkin Texas 75904 936-637-6061 639,000 Nacogdoches WWTP 2012 Nacogdoches Schaumburg&Polk Inc. 2010 Improvements Nacogdoches 8865 College Texas Beaumont Texas 77707 409-866-3413 3,100,000 Sanitary Sewer 2012 Nederland City of Nederland Rehab 2009 Project Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 800.000 Waterline Installation 2011 Beaumont City of Beaumont Large Diameter Main Jefferson 1350 Langham ,Texas Beaumont Texas 77707 409-785-3000 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,950,000 Wastewater Treatment 2011 Liberty Schaumburg&Polk Inc. Plant Improvements Liberty 8865 College Street Texas Beaumont Texas 77707 409-866-0341 2,000,000 Water& Sewer 2010 Orange City of Orange Area II&III Orange P.O. Box 520 Texas Orange Texas 77630 409-883-1900 1,400,000 Sanitary Sewer 2010 Beaumont City of Beaumont Rehab Project Jefferson 1350 Langham Contract XIV Texas Beaumont Texas 77707 409-785-3000 8,500,000 Water Treatment Plant 2010 Beaumont City of Beaumont Expansion/Renovations Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 4,000,000 Full Dept Concrete 2010 Beaumont City of Beaumont Repair Project Jefferson P.O. Box 3872 Texas Beaumont Texas 77704 409-785-3000 6,700,000 Wastewater Treatment 2009 Dayton O'Malley Engineers Plant Renovations Liberty 1306 North Park Texas Brenham Texas 77833 979-836-7937 3,200,000 Wastewater Treahhuent 2009 Woodlands Carter&Burgess Inc. Plant Improvements Montgomery 55 Waugh Suite 800 Texas Houston Texas 77007 713-869-7900 25,000,000 East Fork Raw Water 2009 Wylie Alan Plummer Associates Supply Wetland Collin 1349 Empire Centra Ste 1000 Construction Project Texas Dallas Texas 75247 214-631-6100 2,700,000 Alabama Command 2009 Orange Port of Orange Control Center Orange 1201 Childers Road Texas Orange Texas 77630 409-883-4363 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,333,000 Water Treatment 2009 Carthage KSA Engineers Plant Improvements Panola 140 E.Tyler Suite 600 Phase I Texas Longview Texas 75601 936-637-6061 5,500,000 Rolphe Christopher 2009 Beaumont City of Beaumont Blvd.Renovations Jefferson P.O.Box 3827 Texas Beaumont Texas 77704 409-785-3000 13,200,000 FM 1179 2008 Bryan Texas Dept of Transportation Road Improvements Brazos 1300 N. Texas Avenue Texas Bryan Texas 77803 979-778-2165 2.100.000 US 69 Frontage Roads 2008 Nederland Texas Dept of Transportation Nederland Ave&Hwy Jefferson 8350 Eastex Freeway 365-Jefferson County Texas Beaumont Texas 77708 409-898-5711 It 5,000,000 Avocet Oceanfront 2008 Bolivar Avocet Oceanfront Villas LLP Villas Galveston 3112 East Fourth Avenue Texas Durango, Colorado 81301 I 1,000,000 Seagrass Development 2008 Caplen Seagrass-Caplen LLC Galveston P.O.Box 7754 Texas Beaumont Texas 77726 409-861-4459 5,200,000 Phelan Boulevard 2008 Beaumont City of Beaumont Extension Jefferson P.O. Box 3827 Texas Beaumont,Texas 77704 409-785-3000 3,200,000 2006 Sanitary Sewer 2008 Lumberton Lumberton M.U.D. Improvements Contract C Hardin 55 W. Chance Cut-Off Texas Lumberton,Texas 77656 409-755-1559 3,800,000 Water Transmission Line 2008 Bolivar Schaumburg&Polk Inc. Singing Sands to Port Galveston 8865 College Street Bolivar Texas Beaumont Texas 77707 409-866-0341 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,300,000 Water Treatment Plant 2008 Carthage City of Carthage Improvements Phase II Panola 812 W. Panola Texas Carthage Texas 75633 903-693-3868 9,500,000 Safety Rest Areas 2008 Livingston Texas Dept of Transportation Hwy 59 Polk County Polk 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 24,200,000 Highway 96 2007 Kirbyville Texas Dept of Transportation Construction Jasper 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 3,100,000 Wastewater Treatment 2007 Galveston City of Galveston Plant Renovations Galveston P.O. Box 779 Texas Galveston Texas 77553 409-797-3630 2,600,000 Water Treatment Plant 2007 Winnie Carroll &Blackman Inc. Trinity Bay Conservation Chambers 3120 Fannin District Texas Beaumont Texas 77702 409-833-3363 9,900,000 Wastewater Collection 2006 Port Arthur Bob Shaw Consulting Engineers Rehab Pi oneer Park Jefferson 4749 Twin City Highway & Griffing Park Texas Port Arthur Texas 77643 409-963-0263 $1,600,000 FM 1131 Roadway 2006 Deweyville Texas Dept of Transportation Orange County Orange 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 $1,000,000 Audubon Village 2006 Gilchrist Audubon Village LLC Development Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861 /1159 7,000,000 Walden Development 2006 Beaumont Crescent-Walden LLC Phase I &II Jefferson P.O. Box 7754 Texas Beaumont,Texas 77726 409-861-4459 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 8,500,000 FM 364 Major Drive 2005 Beaumont Texas Dept of Transportation Construction Jefferson 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 6,000,000 Laguna Harbor 2005 Port Bolivar Laguna Resources Ltd. Resort Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 3,200,000 High Island to Singing 2005 Stowell Lower Neches Valley Authority Sands Transmission Chambers 7850 Eastex Freeway Line Contract IV Texas Beaumont, Texas 77708 409-892-4011 4,200,000 City of Nacogdoches 2004 Nacogdoches Schaumburg&Polk WW Collection System Nacogdoches 8865 College Street SS Replacement Texas Beaumont, Texas 77707 409-866-0341 4,200,000 West Regional Water 2004 Winnie Lower Neches Valley Authority System Transmission Chambers 7850 Eastex Freeway Line Texas Beaumont, Texas 77708 409-892-4011 4,100,000 Water Treatment Plant 2004 Fannett dp Consulting Engineers West Jefferson Jefferson 3800 Highway 365 Municipal Water Dist Texas Port Arthur, Texas 77642 409-983-6263 2,200,000 Orleans Street Inter- 2004 Beaumont City of Beaumo nt Locking Pavers Jefferson P.O. Box 3827 Texas Beaumont, Texas 77704 409-785-3000 1,300,000 Jasper County FM82 2004 Kirbyville Texas Dept of Transportation Jasper 8350 Eastex Freeway Texas Beaumont, Texas 77708 409-898-5711 1,100,000 WWTP Bar Screen& 2004 Beaumont City of Beaumont Belt Press Conveyor Jefferson 1350 Langham Texas Beaumont, Texas 77706 409-785-3000 ALLCO LIST OF COM PLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 9,100,000 Highway Construction 2003 Beaumont Texas aDept p Eastex of F Transportation Jefferson County Jefferson eeway IH-10 Feeder Roads Texas Beaumont,Texas 77708 409-898-5711 9,600,000 Highway Construction 2003 Beaumont Texas 8350E Dept of F Transportation Jefferson County Jefferson SP 93-Phase III Beaumont Beaumont, Texas 77708 409-898-5711 3,500,000 Highway Construction 2003 Buffalo Texas Dept of Transportation Freestone County Freestone 2800 Commerce Street East Highway 164 Texas Buffalo, Texas 75831 713-802-5551 5,500,000 Wastewater Treatment 2003 Nederland 8865Scha College urg&tre Polk,Inc Plant Renovations Jefferson Texas Beaumont, Texas 77707 409-866-0341 Gulf Coast Water Authority 849,000 Distribution Parallel 2003 Texas CityGalveston 3630 Highway 1765 66" Line Texas Texas City,Texas 77591 409-935-2438 13,535,000 Highway Construction 2002 Orange Texas Dept of Transportation Orange County Orange 3128 Highway 62 Highway 87 Texas Orange,Texas 77632 409-883-3476 5,500,000 Drainage & Street 2002 Beaumont City P.O.of Bex aumont Improvements Concord Road Texas Beaumont,Texas 77704 409-785-3000 1,370,725 Highway Construction 2000 Saratoga Texas Dept of Transportation FM787 Bridge Project Hardin 1150 Avenue N Texas Silsbee, Texas 77656 409-385-5269 2,000,000 Highway Construction 1999 Beaumont Texas Department of Transportation Jefferson County Jefferson 8350 Eastex Freeway Walden Road Project Texas Beaumont, Texas 77708 409-898-5711 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 7,200,000 Wastewater System 1998 Mauriceville Schaumburg&Polk,Inc. Improvements Orange 8865 College Street Contract 3,4 &5 Texas Beaumont,Texas 77707 409-866-0341 7,250,000 Highway Construction 1998 Beaumont Texas Department of Transportation SP93 West Port Arthur Jefferson 8350 Eastex Freeway Phase II Texas Beaumont,Texas 77708 409-898-5711 1,300,000 New Water& Sewer 1998 Pineland Hogan Corporation/City of Pineland Improvements-Delta Sabine 101 Dogwood Heights&Hwy 96 Area Texas Pineland, Texas 75968 409-381-8811 3,365,583 South Park Drainage 1997 Beaumont Schaumburg&Polk,Inc. Project Jefferson 8865 College Street Texas Beaumont, Texas 77707 409-866-0341 4,300,000 Water Treatment 1996 Nederland City of Nederland Facility&New Office Jefferson 1400 Boston Avenue Buildings Texas Nederland,Texas 77627 409-723-1542 4,200,000 Wastewater Treatment 1996 Lumberton Schaumburg&Polk,Inc. Facility&Plant Hardin 8865 College Street Buildings Texas Beaumont,Texas 77707 409-866-0341 ALLCO REFERENCES ARCENEAUX,WILSON&COLE ENGINEERS MR. CALVIN PROSEN,P.E. 2901 TURTLE CREEK DR. SUITE 320 PORT ARTHUR TEXAS 77642 409-724-7888 calvin.prosen@awceng.com ACTION ENGINEERS MR.MARK KELLY 8460 CENTRAL MALL DRIVE, SUITE J PORT ARTHUR TEXAS 77642 409-983-6263 mkelly@acecivilengineers.com PORT OF PORT ARTHUR MR.ED LONG,P.E. 221 HOUSTON AVENUE PORT ARTHUR 1'IXAS 77642 409-983-2011 ed@u,portpa.com SCHAUMBURG&POLK ENGINEERS MR RICKY J.BOURQUE,P.E. 8865 COLLEGE STREET BEAUMONT 11,XAS 77707 409-866-0341 rbourque@spi-eng.com PAGE 2 REFERENCES ALLCO CITY OF ORANGE MR. JAMES B. WOLF,P.E. 803 W. GREEN ORANGE TEXAS 77630 409-883-1900 jwolf@orangetx.org ORANGE COUNTY W.C.I.D.NO. 1 MR.NORMAN BLACKMAN,P.E. 460 E. BOLIVAR STREET VIDOR TEXAS 77662 409-769-2669 nblackman@ocwcl.com CITY OF NEDERLAND MR ROBERT WOODS,P.E. 207 NORTH 12TH NEDERLAND TEXAS 77627 409-723-1542 rwoods@ci.nederland.tx.us CITY OF PORT ARTHUR DR.HAM J. TOHME,P.E. 111 4m STREET PORT ARTHUR TEXAS 77640 409-983-8226 hani.tohme@portarthurtx.gov ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,919,258 R.W.Vincent 2023 Sulphur Calcasieu Parish Board Elementary Calcasieu 3310 Broad Street Hurricane Repairs Louisiana Lake Charles,LA 70615 1,817,000 Vinton Middle 2023 Vinton Calcasieu Parish Board School&Elementary Calcasieu 3310 Broad Street School Repairs Louisiana Lake Charles, LA 70615 10,000,000 Textile Manufacture 2022 Ghent Pure Renewable Systems Facility Belgium 6712 E. 118 Street Bixby Oklahoma 74008 20,000,000 CDBG- 2020 Houston General Land Office Residential Harris 1700 Congress Ave. Construction Services Texas Austin,Texas 78701 43,600,000 CDBG-Texas 2020 Southeast Texas General Land Office Commercial/Residential Various 1700 Congress Ave. Disaster Recovery Texas Austin, Texas 78701 22,435,000 STEPS &Roofmg 2019 St. Thomas and Virgin Island Housing Authority Programs St. John 3202 Demarara Plaza, Suite 200 Virgin Islands St.Thomas,Virgin Islands 00802 150,000 Repairs 2019 Beaumont St.Anthony Cathedral Basilica Jefferson 700 Jefferson Street Texas Beaumont,Texas 77701 12,000,000 PREPS - 2018 Southeast Texas General Land Office Construction Services Various 1700 Congress Ave. Texas Austin,Texas 78701 1,300,000 DALHR Program 2018 Southeast Texas General Land Office Residential Construction Various 1700 Congress Ave. Services Disaster Recovery Texas Austin,Texas 78701 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 15,990,000 New High School 2016 Buna Architectural Alliance Buna Independent Jasper 350 Pine Street Ste. 720 School District Texas Beaumont Texas 77701 13,000,000 New Training/Office 2015 Nederland Mark Magnuson Architects Facility-Industrial Jefferson P.O.Box 901 Safety Training Council Texas Bridge City Texas 77611 1,6000,000 New Softball Complex 2015 Beaumont Lamar University CMAR Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 2,200,000 Tennis Courts Covered 2015 Beaumont City of Beaumont Uncovered&Loggia Jefferson 801 Main Street Design/Build Project Texas Beaumont Texas 77701 1,150,000 Tennis Center Pro 2014 Beaumont The LaBiche Architectural Group Shop/Clubhouse Jefferson 7999 Gladys Beaumont Athletic Texas Beaumont Texas 77706 Complex 730,000 Setzer Center Student 2014 Beaumont Lamar University Center Roof Replacement Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 325,000 Dishman Art Building 2014 Beaumont Lamar University Roof Replacement Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 23,700,000 South Park Middle 2013 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 11,500,000 German Pellets Plant 2013 Woodville Evans Contractors Woodville Texas Tyler 704 Hembree Place Texas Roswell Georgia 30076 ALLCO SELECTED LIST OF COMPLE 1'ED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,379,600 Outdoor Education 2013 Sabine Pass The LaBiche ArcSuithitectural Group Service Center Jefferson Gladys Sabine Pass I.S.D. Texas Beaumont Texas 77706 2,497,000 Regional Marine 2013 Sabine Pass Jefferson ffe pearl Street County Security Center Jefferson Texas Beaumont Texas 77701 38,000,000 High School Renovation 2012 Port Neches Port Neches I.S.D. &Additions Jefferson 643 Ave C Texas Port Neches Texas 77651 18,100,000 New French Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 17,200,000 New Fehl Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 17,400,000 New Dunbar Elementary 2012 Beaumont Beaumont Harrison I.S.D. School Jefferson Texas Beaumont Texas 77706 10,500,000 Stilwell Education 2011 Port Arthur Port Arthur I.S.D. Support Center Jefferson 733 5th Street Texas Port Arthur Texas 77640 18,300,000 New Martin Elementary 2011 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 16,000,000 New Blanchette 2011 Beaumont Beaumont I.S.D. Elementary School Jefferson 3395 Harrison Texas Beaumont Texas 77706 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 15,500,000 Thomas Edison 2011 Port Arthur Port Arthur I.S.D. Middle School Jefferson 733 5th Street Texas Port Arthur Texas 77640 14,000,000 New Amelia 2010 Beaumont B 9 Hart I.S.D. Elementary Jefferson rison Texas Beaumont Texas 77706 4,500,000 Travis Elementary 2010 Port Arthur Port Arthur I.S.D. Renovations Jefferson 733 5th Street Texas Port Arthur Texas 77640 3,100,000 Stadium Renovations 2010 Port Arthur Port Arthur I.S.D. Jefferson 733 5th Street Texas Port Arthur Texas 77640 85,000,000 Memorial High 2009 Jefferson Port Arthur I.S.D. School New Facility Port Arthur 733 5th Street Texas Port Arthur, Texas 77640 12,400,000 New Memorial High 2009 Jefferson Port Arthur I.S.D. School C.A.T.E Port Arthur 733 5th Street Building Texas Port Arthur, Texas 77640 5,960,000 New Practice Gyms 2008 Beaumont Beaumont I.S.D. Marshall, Austin, Odom Jefferson 3395 Harrison Vincent Middle Schools Texas Beaumont Texas 77706 10,000,000 Robert E. Lee 2007 Port Arthur Natex Corporation Wilcrestrpor3 o Floor Elementary Jefferson 2500 Texas Houston, Texas 77042 18,000,000 McDonald Gym 2007 Beaumont Lockwood Andrews Newham Recreational Facility Jefferson 2925 Briarpark Drive Lamar University Texas Houston, Texas 77042 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 9,000,000 DeQueen Elementary 2006 Port Arthur Long Architects Inc. School Facility Jefferson 6465 Calder Suite 206 Texas Beaumont Texas 77706 670,000 Kinsel Lincoln 2005 Beaumont Kinsel Auto Mall Mercury Dealership Jefferson 3355 Eastex Freeway Texas Beaumont,Texas 77706 5,858,650 Performing Arts 2004 Port Arthur Texas University System Center Jefferson Lamar State College Texas Port Arthur,Texas 77640 1,400,000 Eagle Climatized 2004 Port Neches M.O. Turner Self Storage Jefferson Nederland, Texas 77627 Texas 140.400 Information Tech 2004 Port Neches ISP Elastomers EH& S Jefferson Port Neches,Texas 77651 Texas 211,100 Chlorine Building 2004 Lumberton City of Beaumont Loeb Water Plant Hardin P.O.Box 3827 Texas Beaumont,Texas 77704 4,300,000 Wesley United 2004 Beaumont LaBiche Architectural Group Methodist Church Jefferson 7999 Gladys Suite 101 Texas Beaumont,Texas 77706 295,000 Customer Service 2003 Port Neches ISP Elastomers Building Jefferson Port Neches,Texas 77651 Texas 369,000 City of Port Neches 2003 Port Neches LaBiche Architectural Group Service Center Jefferson 7999 Gladys Suite 101 Building Texas Beaumont,Texas 77706 8,690,424 Five-Story Parking 2002 Beaumont Hellmuth Obata&Kassabaum Garage St.Elizabeth Jefferson 2800 Post Oak Blvd Ste 3700 Hospital Texas Houston,Texas 77056 413,000 Kinsel Chrysler-Jeep 2002 Beaumont Kinsel Auto Mall Mazda Showroom Jefferson 3355 Eastex Freeway Texas Beaumont, Texas 77706 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 735,700 Beaumont Pediatrics 2002 Beaumont The LaBiche Architectural Group I Center Memorial Jefferson 7999 Gladys Suite 101 Hermann Hospital Texas Beaumont, Texas 77706 345.000 Kinsel Auto Mall 2002 Beaumont Kinsel Auto Mall &Facilities Jefferson 3355 Eastex Freeway Texas Beaumont,Texas 77706 8,661,400 Southeast.Texas 2002 Beaumont Long Architects Entertainment Jefferson 6465 Calder Suite 206 Amphitheater Facility Texas Beaumont,Texas 77706 200,000 Ferguson Baseball 2001 Beaumont Ferguson Sports Foundation Practice Building Jefferson 490 Park Street Texas Beaumont, Texas 77701 15,869,200 Pietzsch-MacArthur 2000 Beaumont Beaumont Independent School District Elementary Jefferson 3395 Harrison Texas Beaumont,Texas 77706 23,000,000 Silsbee High 2000 Silsbee Silsbee Independent School District School Hardin 415 West Avenue N Texas Silsbee,Texas 77656 5.000,000 Newton Middle 1999 Newton Bay Architects,Inc. School Newton 18201 Gulf Freeway Texas Webster, Texas 77598 355,850 MRI Addition 1999 Beaumont Milton Bell Associates Beaumont Bone Jefferson 711 San Jacinto Building &Joint Institute Texas Beaumont,Texas 77701 6,100,000 Ozen High School 1999 Beaumont Architectural Alliance Additions-Alteration Jefferson 6654 Phelan Blvd. Texas Beaumont,Texas 77706 9,120,000 Dishman Elementary 1999 Beaumont Bay Architects,Inc Jefferson 18201 Gulf Freeway Texas Webster,Texas 77598 25,000,000 Water Treatment 1998 Port Arthur Black&Veatch,Inc. Plant Contract II Jefferson 5728 LBJ Freeway Suite 300 &Plant Buildings Texas Dallas,Texas 75240 !r ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative &Associates 2,000,060 Monsignor Kelly 1997 Beaumont Steinman90 Ninth Street High School Jefferson Multipurpose Bldg. Texas Beaumont,Texas 77702 2,500,000 Austin Middle 1997 Beaumont Bay Architects, Inc. School Jefferson 18201 Gulf Freeway Texas Webster,Texas 77598 Architect Baxter r 565,997 Beaumont Institute 1995 Beaumont Bruce3u North t Jesus Christ of, Jefferson Ladder Day Saints Texas Beaumont,Texas 77702 18;500,000 Golden Triangle 1995 Beaumont Texas Youth CommissionP O. Box 4260 State School Jefferson Texas Austin,Texas 78765 2,787,700 Hardin County 1994 Kountze Adams,Richardson, &Fisher, Inc. Jail Addition Hardin 1313 S. John Redditt Drive Texas Lufkin,Texas 75901 899,250 West Harbor Island 1994 Beaumont Architectural Alliance6654 Phelan Boulevard Transit Shed Jefferson . Texas Beaumont,Texas 77706 96,031 Replace Roof on 1994 Beaumont Goodyear Tire&Rubber Finishing Building Jefferson P.O.Box 26003 Texas Beaumont,Texas 77720 10,500,000 Jefferson County 1993 Beaumont Jefferson County Commissioners P.O. Box 4025 Correctional Jefferson Facility Texas Beaumont,Texas 77704 162,454 Campus Site Work 1992 Port Moore Stansbury&Vaught Architect Arthur 3100 25th Street Lamar University Jefferson Texas Port Arthur,Texas 77640 183,250 Additions/Alterations 1992 Beaumont Gordy&Huffhines,Inc. to Recital Hall Jefferson 479 Pine Street Lamar University Texas Beaumont,Texas 77701 Moore Stansbury&Van.ht Architects 206,400 Carl Parker Building 1992 Beaumont 3100 25th Street Photographic Services Jefferson Reconstruction Texas Port Arthur, Texas 77640 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,700,000 Commercial 1991 Nederland, AMI Mid-Jefferson Hospital Construction Jefferson Highway 365 @ 27`h Street Texas Nederland, Texas 77627 698,000 Lab, Maintenance 1991 Beaumont Goodyear Tire &Rubber Company &Power House Jefferson P.O. Box 26003 Constr. &Renov. Texas Beaumont, Texas 77720 105,000 New Branch 1991 Beaumont Parkdale Bank Bank Facility Jefferson P. O. Box 3567 Washington Blvd. Texas Beaumont, Texas 77726 191,000 CT Scan 1991 Nederland AMI Mid-Jefferson Hospital Facility Jefferson Highway 365 & 27th Street Texas Nederland, Texas 77627 750,000 Ash Containment 1991 Port Arthur Schaumburg&Polk, Inc. Storage Area- Jefferson 8865 College Street Building Texas Beaumont, Texas 77707 2,045,000 Commercial 1990 Beaumont MHMR of Southeast Texas Construction Jefferson 2850 S. 8th Street Texas Beaumont, Texas 77701 125,000 Foundation 1990 Port Arthur Star Enterprise and Building Jefferson P. O. Box 712 Texas Port Arthur, Texas 77641 125,200 Operator's 1990 Port Arthur Star Enterprise Shelter,VPS #2 Jefferson P. O. Box 712 Texas Port Arthur, Texas 77641 150,000 Engineering 1989 Port Arthur Star Enterprise &Drafting Jefferson P. O. Box 712 Space Renov. Texas Port Arthur, Texas 77641 647,455 Expansion of 1988 Beaumont Lamar University North Central Jefferson P.O. Box 10016 Plant Utilities Texas Beaumont, Texas 77710 692,080 Additions 1988 Beaumont Parkdale Bank &Renovations Jefferson P.O. Box 7588 to Bank Texas Beaumont, Texas 77706 ALLCO SELECTED LIST OF COMPLE 1'bD COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1A11,111 Warehouse 1987 Beaumont Tideland Specialty Addition Jefferson P.O. Box 4046 Texas Beaumont, Texas 77704 165,253 Bank 1987 Port Arthur MBank-Port Arthur Renovations Jefferson P.O.Box 1000 Texas Port Arthur,Texas 77641 395,741 Addition to 1987 Beaumont St. Andrews'Presbyterian Church Jefferson 1350 23rd Street Texas Beaumont,Texas 77706 133;814 Alterations 1987 Beaumont Southwestern Bell Telephone Company to Building Jefferson 3100 Main,Room 609 Texas Houston,Texas 77002 161,852 Emergency 1986 Conroe Doctors Hospital Room Montgomery P.O.Box 1349 Alterations Texas Conroe,Texas 77301 202,093 Bank Bldg. 1986 Beaumont MBank-Beaumont Renovations Jefferson P.O.Box 3567 Texas Beaumont, Texas 77704 ALLCO REFERENCES BEAUMONT INDEPENDENT SCHOOL DISTRICT MS.NAKISHA MYLES nmyles@bmtisd.com 409-617-5042-phone 409-923-1015 -fax PORT ARTHUR INDEPENDENT SCHOOL DISTRICT REED RICHARD rrichard@paisd.org 409-989-6200•-phone 409-983-7499 -fax PORT NECHES INDEPENDENT SCHOOL DISTRICT JEFF BERGERON jbergeron@pngisd.org 409-722-4483 -phone 409-724-7864-fax LONG ARCHITECT PHILIP LONG plong@longarchitects.com 409-866-3443 -phone 409-866-3603 -fax SHW ARCHI I bCTS ERIN MACHAC emachac@stantec.com 713-548-5700 -phone 713-548-5701 -fax ARCHITECTURAL ALLIANCE RONNIE JONES rjones@architect-aia.com 409-866-7196 -phone 409-866-7199 -fax PBK ARCHITECTS STEVE DAYLOR(now with Huckabee 281-520-4995) sdaylor@Huckabee-inc.com 713-965-0608 -phone 713-961-4571 -fax 4. Have you ever failed to complete any work awarded toyou? NO If so,where and why? 5. In what manner have you inspected this proposed work?Explain in detail. ATTENDED PRE-BID AND VISI'TED JOBS1TE. 6. Explain your plan or layout for performing the proposed work: IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS. 7. The work, if awarded to you,will have the personal supervision of whom? (a) For administrative management? KEITH BURRELL (b) For resident construction superintendence? JOEY DUPRE (c) What experience in this type of work is enjoyed by the superintendent designated under(b) above? HE HAS OVER 45 YEARS IN THE INDUSTRY. 8. What portions of the work do you intend to sub-let? TRAFFIC CONTROL, PAVEMENT MARKINGS P-2 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity,Etc. Condition Service Location PLEASE SEE THE ArrACHED. 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? YES P-3 • U C CD 0 0 CD 0 CD 0 0 0 m O O O O O O O O O O O O O O O O O O O O O O O O O O O O y 0 0 O O 0 D O O O O O p b 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O O 0 0 0 0 0 0 D O 0 0 0 0 O 0 O O O O O O M N N O N cos V m • a--1 O 00 O V .�i D7 ON ser N N W V N M N M N Ol rv) rn en N N O M m en O m (� O O • YC E Q Ln 1---- CO 0 .1 •"'{ O Cr) V, N NLID W O c-I O LD O O 00 lD O m m M ,,,, O) Ln N u'1 c-I p7 O Ql 00 N M M .--1 `� N N M ^ M M LD 0 0) in 1n m N M 0 C st ct N 01 ON N N (CND' d' L.n LMD N O O O O) M.7;2, .--i MO MO p ,.,-) M M CA .--I N O en 0) en 0 lD V sit N Le) Ln Ln N Ln Lin N O O 2 O C M N O Y CO O Y Y en O o' O Q N Q ~ N a 0 F- LD 0 3 OO „in „In - Lin Q Q Q Q <+ N V/ 0 0 M O < < < O = F- C N N `-i O Q N N Ln N --. 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Cl m e-I CO .--i N ei m m LD LD 0 c-1 N — hi Cl Lc) O 04 CO 01 cr)N N O L) 0 0 0 N V L0 h CO 0 LD LD LD LD .--I N. h . p .--1 .--1 .-i .--I .-1 .-I .--I .-I N N N N N m 1- t11 O NCI 0, 0) V Cl 0) Cl Cl Cl Cl 01 Cl Cl Cl Cl Cl 0) 01 Cl Cl Cl 01 Cl Cl Cl Cl 0) 0l C1 Cl) Cl Cl Cl Cl Cl Cl 01 Cl al Cl C1 Cl Cl Cl Cl Cl 01 Cl Cl 0) C) 0) 0) C c-1 Ln G m ei m 0 '7 N N sr m .-i h ro N m Cl m Cl o O Cl Cl O Cl N m CO m N Cl .-'I Ol Ln N '7 h N N N N G V 0 ei Ln N h 01 0l O ( h co DO F- m .-i N .--1 m r-i m .-I Cr) m m m CO m m N m m N N CO m m m m 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer PLEASE SKr: THE ATTACHED. Dated at BEAUMONT this 4TH day of OCIOBER , 20 23 ie;trf.ara T.W. HARRISON , f • TITLE: PRESIDENT r- -i ✓,,',!1''*6`````S‘• P-4 ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 73,643,000 Main Wastewater 25% Port Arthur City of Port Arthur Treatment Plant Jefferson 444 Fourth Street Improvements Texas Port Arthur, Texas 77640 13,371,000 Military Housing 98% Pineville Louisiana Military Department Camp Beauregard Beauregard 718 E Street Louisiana Pineville,LA 71360 25,241.000 Colliers Ferry Pump 50% Beaumont Freese&Nichols Station Jefferson 11200 Broadway Ste 2320 Beaumont Pearland,TX 77584 4,377,370 Street Rehabilitation 30% Port Arthur City of Port Arthur Program District 1 Jefferson 1111 4th Street Texas Port Arthur, Texas 77640 21,804,200 MCMUD#8 Biological 85% Conroe Jones/Carter Nutrient Removal Montgomery 6330 West Loop South Ste 150 WWTP Texas Bellaire Texas 77401 11,656.000 Harris County 90% Cypress DAC Engineers MUD#165 WWTP Harris 17725 Katy Freeway Ste 103 Expansion Plant#2 Texas Houston,Texas 77094 Phase 1 8,298,511 City of Anahuac 88% Anahuac LJA Engineers WWTP Expansion Chambers 2615 Calder Ste 500 Contract C Texas Beaumont,Texas 77702 3,034,384 Placement Area 8 90% Port Arthur Sabine Navigation District Levee Project Jefferson 8180 Anchor Drive Texas Port Arthur, TX 77642 1,664,700 Pine Street SWTP 65% Beaumont City of Beaumont Polymer System& Jefferson 801 Main Street Chemical Storage Tank Texas Beaumont,TX 77701 1,380,355 El Vista Sanitary Sewer 30% Port Arthur City of Port Arthur Force Main Replacement Jefferson 444 4th Street Texas Port Arthur,TX 77640 ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,341,725 City of Orange Meeks 25% Orange Schaumburg & Polk Water Treatment Plant Orange 8865 College Street Improvements Texas Beaumont, TX 77707 2,996,544 Water System 1% Livingston Schaumburg & Polk Improvements Lake Polk 8865 College Street Water Supply Corporation Texas Beaumont, TX 77707 1,660,950 Water Plant GST&HPT 1% Magnolia Baxter&Woodman Additions Montgomery 18111 Buddy Riley Rd. City of Magnolia Texas Magnolia, TX 77354 20,228,978 Pine Street 48" Raw 0% Beaumont City of Beaumont Water Line Jefferson 1350 Langham Texas Beaumont, TX 77707 207,994 Elevated Storage Tank 0% Port Arthur City of Port Arthur Piping Repairs Dallas Jefferson 444 4th Street @ 4th Street Texas Port Arthur, TX 77640 POLLANS & COHEN, P.C. CERTIFIED PUBLIC ACCOUNTANTS SUITE 810 470 ORLEANS BEAUMONT,TEXAS 77701 (409)832-7400 (409)832-4288 FAX INDEPENDENT AUDITOR'S REPORT To the Members of Allco, LLC, Subsidiary and Affiliate Beaumont,Texas Opinion We have audited the accompanying combined and consolidated financial statements of Allco, LLC (a Texas limited liability company), its subsidiary and its affiliate which comprise the combined and consolidated balance sheet as of December 31, 2021, and the related combined and consolidated statements of income and comprehensive income, equity, and cash flows for the year then ended, and the related notes to the financial statements. In our opinion, the combined and consolidated financial statements referred to above present fairly, in all material respects,the financial position of Allco, LLC, its subsidiary and affiliate, as of December 31, 2021, and the results of their operations and their cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Allco, LLC, its subsidiary and its affiliate and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit.We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of intemal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Allco LLC, its subsidiary and its affiliate's ability to continue as a going concern within one year after the date that the financial statements are available to be issued. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's.report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is ne ng from ror, as fraud ay involve sion, ery, tentional omissions, misrepresentations, higher than for ns, orr the�I override ofr intemal control. Misstatements, including gmissions, are considered ma erial i there theywould influence the judgment material if there is a substantial likelihood that, individually or in the aggregate, made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards,we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements,whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that } are appropriate in the circumstances, but not for the purpose of expressing an opinion on the } effectiveness of Allco LLC, its subsidiary and its affiliate's internal control.Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. . Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Alico LLC, its subsidiary and its affiliate's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit. Report on Combined and Consolidated Supplementary Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The supplementary schedules on pages 25-29 are presented for purposes of additional analysis and are not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. Pollan Er Cohe/14 P.C. Beaumont, Texas November 3, 2022 ALLCO,LLC,SUBSIDIARY AND AFFILIATE COMBINED AND CONSOLIDATED BALANCE SHEET DECEMBER 31, 2021 Assets Current Assets $ 9,595,069 Cash 1,071,245 Marketable securities 1 ,01,25 Accounts receivable(including retainage$4,263,888) 12 ,597 Deposits 92,913 Cash value of life insurance 2,192,913 Contract assets 45 Growth purchase price, current portion 20,0 5 220,015 Deferred purchase price, current portion 0 , 00 Other current assets 29,421,13 Total Current Assets Fixed Assets 200,000 Land 23,805,323 Machinery and equipment 3,805,33 Vehicles Furniture and fixtures 30,445,5 45,5383 Total Fixed Assets (26,598,663)1 Less;Accumulated depreciation3,880,398 Total Fixed Assets, Net Other Assets ,517 Long-term receivables 14,9 91414,517 Other asset 2,327,479 00 Growth purchase price 32 , 9 Deferred purchase price 18,311,996 Total Other Assets $ 51,595,248 Total Assets The accompanying notes are an integral part of these combined and consolidated financial statements. ALLCO, LLC, SUBSIDIARY AND AFFILIATE COMBINED AND CONSOLIDATED BALANCE SHEET DECEMBER 31, 2021 Liabilities and Members'Equity Current Liabilities Accounts payable and accrued expenses (including retainage of$1,930,501) $ 8,915,779 Contract liabilities 259,075 Notes payable 5,537,809 Other current liabilities 113,611 Total Current Liabilities 14,826,274 Long-Term Liabilities Notes payable 8,658,194 Long-term accounts payable 620,545 Other long-term liabilities 1,226,300 Total Long-Term Liabilities 10,505,039 Total Liabilities 25,331,313 Equity Members'equity 26,263,935 • Total Liabilities and Members'Equity $ 51.,595,248 The accompanying notes are an integral part of these combined and consolidated financial statements. -4- SECTION Q HOUSE BILL 89 VERIFICATION House Bill 89 Verification I, T.W. HARRISON (Person name), the undersigned Representative (hereafter referred to as "Representative") of ALLCO, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term"boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic t 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. �;"'''6,'[r'''r SI NAT RE OF REPRESENTATIVEp r, j.T.W. HARRISON - PRESIDENT s f`, 1 l k. ,k0\' iiiii.SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 4 th day of OCTOBER , 20 23 1 �G,y JACQUEUNE CHRISTOPHER t z`_1 % Notary Public. State of Texas i rl t ;va.V.._ Comm. Expires 05-21-2024 t 1 9 �"' t 1 Notary ID#155932 5 1 ,.,i �' Notary Public SECTION R NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01 . et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. ::t::ame : T.W. HARRISON Title: PRESIDENT ; v�; ` Company: ALJ;CO, LLC t,1/ w,0‘`\\ Date: 2023 OC OBER 4 , T.W. Harrison, President SUBSCRIBED and sworn to before me the undersigned authority by A the A of, \; on behalf of said bidder. ALLCO, LLC �ACQUELINE CHRSTOPHERt N cite ry Public in and for the ( Notary Public,State of Texas t State of Texas 11 Comm. Expires 05-21-2024 2 Notary ID#155932-5 ; My commission expires: 5/21 /24 SECTION S AFFIDAVIT AFFIDAVIT All pages in.Offeror's Responses containing statements,letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur.I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. ALLCO LLC �'' ' . . •L // OCPOBER 4, 2023 Firm Name = c Date r = PRESIDENT Auth rized Signature �.�; Title v T.W. HARRISON ii, * ``�•\ 409-860-4459 Name(please print) a1 ` Telephone tharrison@allco.corn Email STATE: TEXAS COUNTY: JEr'rr1RSON SUBSCRIBED AND SWORN to before me by the above named T.W. HARRISON on this the 4TH- day of OCTOBER. 2023 .pP�a s JACQUELINE CHRISTOPHER 11 C i ; Notary Public,State of Texas 2 N t ry ublic Z N,k�1Q Comm.Expires 05-21-2024 '40"`" Notary ID#155932-5 RETURN T -IIS AFFIDAVIT AS PART OF THE BID PROPOSAL ;v „, ,. ,„ w . Nam, _v ,- ,,.„..., SECTION T SB 252 CHAPTER 2252 & CHAPTER 2271 CERTIFICATIONS • SB252 CHAPTER 2252 CERTIFICATION [ T W.—HARRISON_ ,the undersigned and representative of ALL , ITC (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 g the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran,Sudan or any Foreign Terrorist Organization,I will immediately notify the City of Port Arthur Purchasing Department. T.W. HARRISON — PRESIDENT Name of Com any Representative(Print) s(Old. Old.: j Y Si nature o Company Representative S OCTOBER 4, 2023 f'!'��l! * Date 6 , CHAPTER 2271 CERTIFICATION I, T.W. HARRISON ,the undersigned and representative of ALLCO, LLC (Company or Business Name) As required by Chapter 2271, Government Code, CONTRACTOR hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means 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. T.W. HARRISON - PRESIDENT Name of Company Representative(Print) `,,,,,*`Cb 1'4,,,i ,.. 4) ttic .,:.. ..\,\,.... • Sig ature ofi mpany Representative = r-!_ .4 e OC1'OBER 4. 2023 J,',,,,,, ,0°o..‘ Date \ a Cfl m U CA a) CDw N o O ct • ,..: RS rp E O .:, Z co a..) E/1 d- o W cr, 0 Co. c MN !�1 Q[3_ -f--, < u) UD CCU O X _ a3 E CA • N CD 73 N • c3 O O r.._ . hour = 1� ,c-,--;`( 2 H �� 0] -It ,: .....'' S O oo 4; if4) �--� e . x o ` � U r!1 I z 0 I) O AC •X >-. o 0 E D U U 0 0 u- SECTION U FEDERAL CLAUSES Funding for this Contract has been provided in full or in part by Federal Emergency Management Agency's ("FEMA") Hazard Mitigation Grant Program ("HMGP") through the Texas Division of Emergency Management("TDEM")and the U.S. Department of Housing and Urban Development's("HUD") Community Development Block Grant Disaster Recovery ("CDBG-DR") program through the Texas General Land Office ("GLO"). The City's GLO Contract No. 20-065-142-C782 Community Development Block Grant Disaster Recovery Program Infrastructure Projects Non-Research & Development Harvey Round 1 Funding with the GLO ("CDBG-DR Contract")is incorporated into this Contract by reference and is on file at the City's principal office and will be made available to interested parties upon request. Contractor shall comply, and assist the City in complying,with all duties,requirements, and obligation in the GLO Contract. The TDEM issued subgrants to the City for the HMGP through award letters DR-4332-0033 and DR-4332-0034 along Grant Terms and Conditions("HMGP Contract"). The HMGP Contract is incorporated into this Contract by reference and is on file at the City's principal office and will be made available to interested parties upon request. Contractor shall comply, and assist the City in complying,with all duties,requirements,and obligation in the HMGP Contract. Contractor shall also comply with all applicable funding requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: • Federal Funding Requirements attached hereto as Attachment"A" • Federal Funding Bid Forms attached hereto as Attachment"B" • CDBG-DR Funding Requirements attached hereto as Attachment"C" • HMGP Funding Requirements attached hereto as Attachment"D" • Davis-Bacon Provisions attached hereto as Attachment"E" Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Contract. With respect to any conflict between these Federal Clauses and the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. ATTACHMENT "A" FEDERAL FUNDING REQUIREMENTS 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS(2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A) - Remedies: The parties shall comply with the administrative, contractual, or legal remedies in the Contract Documents for when the Contractor violates or breaches the Contract terms and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents. (b) Appendix II to Part 200(B)-Termination for Cause/Convenience. The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents. (c) Appendix II to Part 200 (C) — Equal Employment Opportunity: Since the Contract meets the definition of a"federal assisted construction contract" in 41 CFR § 60-1.3, Contractor agrees as follows during the performance of the Contract: (i) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,religion, sex, sexual orientation, gender identity, or national origin. (iii) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing, or action,including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (iv) Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the Contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. r (vi) Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: (d) Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. (e) The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. (f) The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (g) The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant(contract, loan, insurance,guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (h) Appendix II to Part 200(D), (E)—Davis-Bacon Act; Contract Work Hours and Safety Standards Act: Contractor shall comply with 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis- Bacon Act, the Contract Work Hours and Safety Standards Act, the Copeland Anti- Kickback Act),which are included in this Contract Documents. (i) All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account(except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor(a copy of which is attached and herein incorporated by reference),regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the City/County for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations.Also for the purpose of this clause,regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. The Contractor and its subcontractors shall not,by any means, induce any person employed in the construction, completion, or repair of public work, give up any part of the compensation to which he or she is otherwise entitled. The City must report all suspected or reported violations to GLO. (j) Appendix II to Part 200 (F)—Rights to Inventions Made Under a Contract or Agreement: This provision is not applicable to the Contract.. (k) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: The Contractor shall comply with the following: (i) Pursuant to the Clean Air Act, (1) 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., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will,in turn,report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection District Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding$150,000. (ii) Pursuant to the Federal Water Pollution Control Act,(1)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., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will,in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding$150,000. (I) Appendix II to Part 200(H)—Debarment and Suspension: (i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R. § 180.935). (ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt.3000,subpart C throughout the Contract.The Contractor further agrees to include a provision requiring such compliance in its subcontracts. (v) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this Contract. (m) Appendix II to Part 200 (I)—Byrd Anti-Lobbying Act: (i) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (n) Appendix II to Part 200 (J)—§200.323 Procurement of Recovered Materials: (i) Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (o) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Contractor shall not contract (or extend or renew a contract) to procure or obtain equipment, services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (p) Appendix II to Part 200(L)— .200.322 Domestic Preferences for Procurement: (i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum,steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R.§200.321). (a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms,women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency(MBDA)of the Department of Commerce. (c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) (APPLICABLE TO CONTRACTS/SUBCONTRACTS EXCEEDING TEN THOUSAND DOLLARS($10,000)) (a) Contractor's attention is called to the"Equal Opportunity Clause"and the"Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: (b) Goals for Minority Timetable Goals for Female: Participation for Participation in Each Trade- 8% Each Trade- 8% (c) These goals are applicable to all the Contractor's construction work(whether or not it is federal or federally assisted)performed in the covered area. (d) The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract,the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (e) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the geographical area in which the Contract is to be performed. 4. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) (a) As used in this Section: (i) "Covered area"means City of Port Arthur,Jefferson County,Texas; (ii) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (b) "Minority" includes: (i) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American maintaining identifiable tribal affiliations through membership and participation or community identification). (c) Whenever the Contractor, or any subcontractor at any tier, subcontract a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of this Section which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. (d) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractor's must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractor's or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. (e) The Contractor shall implement the specific affirmative action standards provided in paragraphs h(i) through h(xvi) of this Section. The goals set forth in the solicitation from which the Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered construction Contractor's performing construction work in geographical areas where they do not have a federal or federally assisted construction Contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Procurement Contracting Officers. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (f) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (g) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (h) The Contractor shall take specific affirmative actions to ensure equal opportunity.The evaluation of the Contractor's compliance with this Section shall be based upon its effort to achieve maximum results from its actions.The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: (i) Ensure and maintain a working environment free of harassment,intimidation and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (ii) Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and,female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available and maintain a record of the organization's responses. (iii) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred,not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. (iv) Provide immediate written notifications to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (v) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. (vi) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper,annual report,etc.;by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (vii) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (viii) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,specifically including minority and female news media,and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (ix) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. (x) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (xi) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (xii) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (xiii) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under this Section are being carried out. (xiv) Ensure that all facilities and company activities are non-segregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (xv) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (xvi) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (I) Contractor is encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (h(i) through h(xvi)). The efforts of a Contractor association,joint r r contractor-union, contractor-community or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under h(i) through h(xvi) of this Section provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation,makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's non-compliance. (j) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (k) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color,religion, sex or national origin. (I) The Contractor shall not enter into any subcontract with any person or firm debarred from government Contracts pursuant to Executive Order 11246. (m) The Contractor shall carry out such sanctions and penalties for violation of this Section and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of this Section and Executive Order 11246, as amended. (n) The Contractor, in fulfilling its obligations under this Section, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph h of this Section, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulaitions or this Section,the Director shall proceed in accordance with 41 CFR 60-4.8. (o) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, Contractor's shall not be required to maintain separate records. (p) Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). ATTACHMENT "B" FEDERAL FUNDING BID FORMS [PAGE INTENTIONALLY BLANK] Anti-Lobbying Certification The undersigned certifies,to the best of his or her knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee 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, and the extension, continuation,renewal, amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress 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 sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. , Signature: i _ Q-. .�- • Printed Name: T.W. HARRISON . v-* •• r �t. , Title: PRESIDENT %0‘ Firm Name: ALLCO, LLC Date: OCTOBER 4, 2023 Debarment and Suspension Certification Contractors, Subcontractors,Debarment and Suspension,Executive Order 12549; 2 CFR Part 180; 2 CFR Part 1532. Contractor certifies that it and its principals, and shall obtain certifications from its subcontractors that they and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency; (b) Have not within a three (3) year period preceding this procurement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three(3)year period preceding this application/proposal had one or more public transactions (federal, state or local)terminated for cause or default. (e) Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its contracts and subcontracts under this Agreement. (f) Contractor acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the termination, delay or negation of any contract entered into pursuant to this procu en , or p f legal remedies, including suspension and debarment. Signature: Vt,A, Printed Name: T.W. HARRISON :- Title: PRESIDENT f !! •• '......• • '//�,, Firm Name: ALLCO, LLC � {���• Date: OCTOBER 4, 2023 Contracting with Small and Minority Firms,Women's Business Enterprise and Labor Surplus Area Firms Certification By signing this document,Contractor acknowledges that if a subcontractor is required for the project,Contractor took (and will take), pursuant to 2 CFR § 200.321, affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible on the project and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award by doing the following: • Solicitation Lists. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; • Solicitations. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; • Dividing Requirements. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; • Delivery Schedule. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and • Obtaining Assistance. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA)of the Department of Commerce. i,it�frttitlf Signature: = ���CO, . •��f Printed Name: T.W. HARRISON • Title: PRESIDENT ,• Firm Name: ALIAO► LLC Date: OCIOBER 4 ► 2023 ATTACHMENT "C" CDBG-DR FUNDING REQUIREMENTS 1. CONTRACTOR SHALL ALSO COMPLY WITH ALL APPLICABLE FUNDING REQUIREMENTS FROM THE CDBG-DR CONTRACT,INCLUDING,BUT NOT LIMITED TO,THE FOLLOWING: (a) Section 3 Requirements. (i) 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 USC §1701 u) ("Section 3"). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, including persons who are recipients of HUD assistance for housing, with a preference for both targeted workers living in the service area or neighborhood of the Development and YouthBuild participants, as defined at 24 CFR Part 75 ("Section 3 Regulations"). (ii) Contractor agrees to comply with HUD's Regulations in 24 CFR, Part 75 which implement Section 3. As evidenced by their execution of this Contract, Contractor certifies that they are under no contractual or other impediments that would prevent them from complying with the Section 3 Regulations. (iii) The Contractor and its subcontractors agree to send to each labor organization or representative of workers with which the Contractor and its subcontractors have a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor and its subcontractors' commitments under this section of the Contract and will post copies of the notice in conspicuous places at the worksite where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference and shall set forth the following: (i)minimum number and job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii) qualifications for each, (iv)name and location of the person(s)taking applications for each of the positions, and(v)the anticipated date the work shall begin. (iv) Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an applicable provision of the subcontractor in this Section 3 clause, upon a finding that the subcontractor violates the regulations in Section 3 Regulations. 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 24 CFR part 75. (v) Contractor certifies that any vacant employment positions, including training positions, that are filled(1)after a subcontractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 75 (vi) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts. (b) Inspection and Audit. All records related to the CDBG-DR Contract, including records of the Contractor, shall be subject to the Administrative and Audit Regulations (as defined in the CDBG-DR Contract). Accordingly, such records and work product shall be subject, at any time, to inspection, examination, audit, and copying at the Contractor's primary location or any location where such records and work product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Contractor shall cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. The state auditor may conduct an audit or investigation of the Contractor. Acceptance of funds from the City acts as acceptance of the authority of the state auditor,under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee,an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. All records relevant to this Contract shall be retained for a period of five(5)years subsequent to the closeout of this Contract. Federal Construction Assurance Form. Contractor shall complete form SF-424D, entitled "Assurances —Construction Programs"and return a copy to the City at the same time as executing the Contract. Conflict of Interest. Contractor shall comply with all conflict of interest laws and regulations applicable to the CDBG-DR Contract. (c) GLO Information Security. Contractor shall comply with all requirements of Attachment G — GLO Information Security Appendix for Subrecipients in the CDBG-DR Contract. A copy of Attachment G is included in this Attachment"C". (d) Backup Documentation for Invoices. If requested by the City,payment application invoices must be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the City, allow for full substantiation of the costs incurred. (e) Closeout Procedures. Contractor shall provide the City a final application for payment in a timely manner so that the City can meeting timelines pursuant to Section 2.03 to close out the CDBG-DR Contract. Contractor shall furnish, with its final application for payment, a list of all equipment and computer software purchased under the Contract,including the name of the manufacturer,the model number,and the serial number, if applicable. (f) Signage. Permanent signage is required on any public building or facility and temporary signage is required for other construction projects funded under the CDBG-DR Contract,including requirement that sign be legible from a distance of three feet,placed in a prominent public location,and contain the following language: "This project is funded by the Texas General Land Office of the State of Texas to provide for disaster recovery and restoration of infrastructure for communities impacted by Hurricane Harvey.The funds have been allocated by the united states Department of Housing and Urban Development through the Community Development Block Grant Program." (g) False Claims Act Acknowledgement. The Contractor may be subject to civil or criminal penalties under 18 U.S.C. §287, 18 U.S.C. § 1001,and 31 U.S.C. § 3729 if the Contractor makes a false claim or statement to the City. (h) Recapture or Repayment. All funds paid under this Contract are subject to recapture or repayment for noncompliance with this Section or the CDBG-DR Contract. (i) Intellectual Property. The City and GLO shall jointly own all right, title, and interest in and to all reports,drafts of reports,or other material,data,drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed, and/or required to be delivered under this Contract, with the City and GLO having the right to use, reproduce, or publish any or all of such information and other materials without obtaining permission from the Contractor and without expense or charge. (i) Promotional Materials. No sales brochures, advertisements, speeches, articles or other publications or promotional materials can be circulated or publicized stating or implying that the GLO, State of Texas, U.S. Government or any government employee endorses a product, service or position the Contractor represents. The Contractor may not release information relating to the CDBG-DR Contract or state or imply the GLO, State of Texas, or U.S. Government approves of the Contractor's work products or considers the Contractor's work product to be superior to other products or services. (k) Permits and Licenses. Contractor shall procure and maintain for the duration of this Contract any license,authorization,insurance,waiver,permit,qualification,or certification required by federal, state,county, or city statute, ordinance, law, or regulation to be held by Contractor to provide the work required by this Contract. Contractor shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Contractor shall pay any such government obligations not paid by its subcontractors during performance of this Contract. (I) Indemnity. Contractor shall be responsible for the City's indemnity and hold harmless obligations in the CDBG-DR Contract for Contractor's actions under this Contract. The indemnity and hold harmless provision in Section 8.02 of the CDBG-DR Contract requires the following: To the extent permitted under the law, except for damages directly or proximately caused by the gross negligence of the GLO, City shall indemnify and hold harmless the State of Texas, the GLO, and the officers, representatives, agents, and employees of the State of Texas and the GLO from any losses, claims, suits, actions, damages, or liability(including all costs and expenses of defending against all of the aforementioned) arising in connection with: (a) The GLO Contract; (b) Any negligence, act, omission, or misconduct in the performance of the services referenced herein; or (c) Any claims or amounts arising or recoverable under federal or state workers'compensation laws,the Texas Tort Claims Act, or any other such laws. City shall be responsible for the safety and well-being of its employees, customers, and invitees. These requirements shall survive the term of the GLO Contract until all claims have been settled or resolved and suitable evidence to that effect has been furnished to the GLO. The provisions of this Section shall survive termination of the CDBG-DR Contract. (m) Relationship with GLO. Contractor is associated with the GLO only for the purposes and to the extent specified in this Contract. Contractor is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, employer-employee or principal-agent relationships,or any liability whatsoever with respect to the indebtedness,liabilities,or obligations of Contractor or any other party.Contractor shall be solely responsible for,and the GLO shall have no obligation with respect to:withholding of income taxes,FICA,or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State. (n) Dispute Resolution. Except as otherwise provided by statute, rule or regulations, City and Contractor shall use the dispute resolution process established in Chapter 2260 Texas Government Code and related rules to attempt to resolved any dispute under this Contract, including a claim for breach of contract. (o) Confidentiality. To the extent permitted by law, City and Contractor shall keep all information, in whatever form produced,prepared,observed, or received by City or Contractor,confidential to the extent that such information is: (a)confidential by law; (b)marked or designated"confidential" (or words to that effect)by City or Contractor; or (c) information that City or Contractor is otherwise required to keep confidential by the CDBG-DR Contract. Contractor must not make any communications or announcements relating to this Contract through press releases, social media, or other public relations efforts without the prior written consent of the City. (p) Public Information. Contractor is required to make any information created or exchanged with the City pursuant to the Contract,and not otherwise excepted from disclosure under the Texas Public Information Act ("PIA"), available to the City in portable document file (".pdf) format or any other format agreed upon between the parties that is accessible by the public at no additional charge to the City. By failing to mark any information that Contractor believes to be excepted from disclosure as "confidential" or a "trade secret," Contractor waives any and all claims it may make against the City and GLO for releasing such information without prior notice to Contractor.The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. (q) General Affirmation. To the extent they apply, Contractor affirms and agrees to the general affirmations listed in Attachment C — General Affirmations in the CDBG-DR Contract. For purposes of this Contract, "Subrecipient" in the Attachment C — General Affirmations means the "Contractor". A copy of Attachment C is included in this Attachment"C". • (r) Conflicts of interest. (1) Governing Body. 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 administration, construction, engineering, or implementation of the CDBG-DR award between GLO and the City, shall have any personal financial interest, direct or indirect, in the Contractor or this Contract; and the Firm shall take appropriate steps to assure compliance. (2) Other Local Public Officials. No other public official, who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction,engineering or implementation of the CDBG-DR award between GLO and the City, shall have any personal financial interest,direct or indirect, in the Contractor or this Contract; and the Contractor shall take appropriate steps to assure compliance. (3) The Contractor and Employees. The Contractor warrants and represents that it has no conflict of interest associated with the CDBG-DR award between GLO and the City or this Contract. The Contractor further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the CDBG-DR award between GLO and the City or in any business, entity, organization or person that may benefit from the award. The Contractor further agrees that it will not employ an individual with a conflict of interest as described herein. (s) Energy Policy and Conservation Act. Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. 6201). (t) Nonexclusive List of Applicable Laws, Rules, and Regulations. To the extent they apply, Contractor shall comply with the laws, rules and regulations listed in Attachment D — Nonexclusive List of Applicable Laws, Rules, and Regulations in the CDBG-DR Contract. A copy of Attachment D is included in this Attachment"C." EXHIBITS TO ATTACHMENT C-CDBG-DR FUNDING REQUIREMENTS 6ocSun Envelope a3: nta164-B4E3-e.4l7 A5-m84M5603'3 .0 OW Cams Na.2M13-14rC152 Pavlof, General Affirmations To the extent they apply,Subrecipient affirms and agrees te the following,without exception: 1. Subnxipient represents and warrants that,in accordance with Section 2155.005 of the Texas Govemuwnt Code,neither Subrecipient nor the firm,corporation,partnership,or institution represented by Serbrecipient,or anyone acting for such a firm,corporation,partnership,or institution has(1)violated any provision of the Texas Fee Enterprise and Antitrust Act of 1983,Chanter 15 of the Texas Business and Commerce Code,or the federal antitrust laws,or (2)communicated directly or indirechy the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Subrecipient 1 If the Contract is for services;Subrecipient shall comply with Section 2155.4441 of the Texas Government Code,requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 3. Under Section 231.006 of the Family Code,the vendor or applicant[Subrecipient]certifies that the individual or business entity named in this Contract,bid or application is not ineligible to receive the specified grant,loan,or payment and acimowledges that this Contract may be terminated and payment maybe withheld if this certification is inatxurate. 4. A bid or an application for a contract,grant,or loan paid from state funds must include the name and social security number of the individual a sole proprietor and each partner, shareholder,or owver with an ownership interest of at least 25 percent of the business entity submitting the bid or application.Subeeipiem certifies it has submitted this information to the GLO. 5. If the Contract is for the purchase or lease of computer equipment,as defined by Texas Health and Safety Code Section 361.952(2),Subrr~ipient certifies that it is in compliance with Sub:Lapter Y,Chapter 361 of the Texas Health and Safety Code,related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 6. Pursuant to Section 2155.003 of the Texas Government Code,Subrecipient represents and warrants that it has not given,offered to give,nor intends to give at any time hereafter any economic opp stanity,fame employment,gift,loan,gratuity,special discount,nip,favor,or service to a public servant in connection withthe Contract 7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Subrecipient owes to the State of Texas including,but not limited to,delinquent taxes,delinquent student loan payments,and delinquent child stgtport,regardless of when the debt or delinquency arises. 8. Upon request of the GLO,Subrecipient shall provide copies of its most recent business • nativity ty and disaster recovery plans, 972120146 DowSign Envelope ID.AFD 18164-B4E34417-A858-E384E356D313 Attachment C GLO Contract No.20-065-142-C782 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B,in accordance with Section 2254.033 of the Texas Government Code,relating to consulting services,Subrecipient certifies that it does not employ an individual who has been employed by The GLO or another agency at any time during the two years preceding the Subrecipient's submission of its offer to provide consulting services to the GLO or,in the alternative,Subrecipient,in its offer to provide consulting services to the GLO,disclosed the following(i)the nature of the previous employment with the GLO or other state agency;(ii) the date the employment was terminated;and(iii)the annual rate of compensation for the employment at the time of its termination. 10.If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract.NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 11.If the Contract is for architecture, engineering, or construction services, subject to Texas Government Code,Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114,and except as otherwise provided by statute,rule,or regulation,Subrecipient shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract Except as otherwise provided by statute,rule,or regulation,in accordance with the Texas Civil Practice and Remedies Code, Section 114.005,claims encompassed by Texas Government Code,Section 2260.002(3)and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law,if the Subrecipient's claim for breach of contract cannot he resolved by the parties in the ordinary course of business, Subrecipient may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against the Subrecipient as is contemplated by Texas Government Code, Chapter 2260, Subchapter B.In such event,Subrecipient must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1)the nature of the alleged breach;(2)the amount the Subrecipient seeks as damages;and(3) the legal theory of recovery. b. The chief administrative officer,or if designated in the Contract, another officer of the GLO,shall examine the claim and any counterclaim and negotiate with the Subrecipient in an effort to resolve them.The negotiation must begin no later than the 120th day after the date the claim is received,as is contemplated by Texas Government Code,Chapter 2260,Section 2260.052. c. If the negotiation under paragraph(b)above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or a DocuSign Envelope ID.AFD1B164134E3-4417-A808-E324E356D313 AttacAmeet C GLO Coatrut No.28.865-42-C782 Page 3 of B ti settlement to writing and each party shall sign the agreement or settlement A partial settlement or resolution of a claim does not waive a party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph(b)above,on or before the 270th day after the date the claim is filed with the GLO,unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Subrecipient's sole and exclusive process for seeking a remedy for an alleged breach of contact by the GLO if the parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity.This Contract shall not constitute or be construed as a waiver of any of the privileges,rights,defenses,remedies,or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses,remedies,or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges,rights, defenses, remedies or inununities or be considered as a basis for estoppel.The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct,or by the conduct of any representative of the GLO,prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute,rile,or regulation,compliance with the dispute resolution process provided for in Texas Government Code,Chapter 2260,subchapter B and incorporated by reference in subsection(a)-(d)above is a condition precedent to the Subrecipient(1)filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code;or(2)initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 12.If Chapter 2271 of the Texas Government Code applies to this Contract,Subrecipient verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract. 13.This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Subrecipient understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III,Section 49a of the Texas Constitution. 14.Subrecipient certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 15.In accordance with Section 669.003 of the Texas Government Code,relating to contacting with the executive head of a state agency,Subrecipient certifies that it is not(1)the executive head of the GLO,(2)a person who at any time during the four years before the effective date ri 3 DoceSign Envelope tot PFD1616434E3-4417-A908-E3B4E3560313 Amchmmt C GLO Coot No.25-065-I42-C782 Pogo a of of the Contract was the executive head of the GLO,or(3)a person who employs a current or former executive head of the GLO. 16.Subrecipient represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material hreach of contract and may void the Contract or be grounds for its termination. 17.Pursuant to Section 2155.004(a)of the Texas Government Code,Subrecipient certifies that neither Subrecipient nor any person or entity represented by Subrecipient has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code,Subrecipient certifies that the individual or business entity named in this Contract is nor ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.This Section does not prohibit Subrecipient from providing free technical assistance. 18.Subrecipient represents and warrants that it is not engaged in business with Iran.Sudan,or a foreign terrorist organization,as prohibited by Section 2252.152 of the Texas Government Code. 19.In accordance with Section 2252.901 of the Texas Government Code,for the categories of contracts listed in that section, Subrecipient represents and wait ants that none of its employees including, but not limited to, those authorized to provide services under the contract,were employees of the GI O during the twelve(12)month period immediately prior to the date of execution of the contract- Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Subrecipient further represents and warrants that if a former employee of the GLO was employed by Subrecipient within one year of the employee's leaving the GLO,then such employee will not perform services on projects with Subrecipient that the employee worked on while employed by the GLO. 20.The Contract shall be governed by and construed in accordance with the laws of the State of Texas,without regard to the conflicts of law provisions.The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County,Texas,unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the GLO. 21.IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2,54,SUBRECIPIENT,TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CON-TRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF,OR RESULTING FROM ANY AC is OR OMISSIONS DocwSign Envelope ID AFDC 6184-B4E3-e417.A80S-E384E356D313 Attac[meet C GLO Contract No.20 o6S-342-C712 Pogo Sof OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINAIli) BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 22.IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254,SUBRECIPIENT,TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS. EMPLOYEES, REPRESENTATIVES, CONTRALIURS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,ACTIONS,CLAIMS,DEMANDS,OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO SUBRECIPIENT'S PERFORMANCE,AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT,OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT.THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 23.TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND, INDEMNIFY,AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT.TRADEMARK, COPYRIGHT,TRADE SECRET OR OTHER INTETJ.FCTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: (I) alit PERFORMANCE OR.ACTIONS OF SUBRECIPIENT PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR SUBRECIPIENT'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY DoatSe,Envelope ID:ARM B164&1E3-4417-AE06-E3B4E356D3 3 AIta,Batat C GLO Contract Ns.N4 5442.C7t2 Pagel elf SUBRECIPIENT OR OTHERWISE TO WHICH THE OW HAS ACCESS AS A RESULT OF SUBRECIPIENTS PERFORMANCE UNDER THE CONTRACT_ SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY SIJBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG.IN ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND tHr. STATE OF TEXAS FOR ANY CLAIMS,DAMAGES,COSTS,EXPENSES OR.OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAM.IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL,THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND SUBRECIPIENT Will PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL. 24.Subrecipient has disclosed in writing to the GLO all existing or potential conflicts of interest relative to the performance of the Contract. 25.Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who,in the past five years,has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 26.Subrecipient understands that the GLO will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code)as interpreted by judicial rulings and opinions of the Attorney General of the State of Duras. Information, documentation, and other material related to this Contract may be subject to public disclosure pursuant to the Texas Public Information Act_ In accordance with Section 2252.907 of the Texas Government Code,Subrecipient shall make any information created or exchanged with the State/GLO pursuant to the Contract,and not otherwise excepted from disclosure under the Trras Public Information Act,available in a format that is arrrssible by the public at no additional charge to the State or the GLO. 27.The person executing this Contract certifies that hefshe is duly authorized to execute this Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to contractually bind Subrecipient to the terms and conditions of the Contract and related documents. DocuSig Envelope ID'AFD1H164-64E3-4417-1.Eo8-E384E356D31s Attachment C GLO Contract No.20-065-142-C782 Page of 28.If the Contract is for architectural or engineering services,pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Subrecipient shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circmnstances and professional license,and(2)as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 29.The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract.The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee,an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with arms to any information the state auditor considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 30.Subrecipient certifies that neither it nor its principals are debarred,suspended,proposed for debarment, declared ineligible,or otherwise excluded from participation in the Contract by any state or federal agency. 31.Subrecipient expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly,Subrecipient represents and warrants to the GLO that any technology provided to the GLO for purchase pursuant to this Contract is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of:providing equivalent access for effective use by both visual and non-visual means; presenting information; including prompts used for interactive communications, in formats intended for non-visual use; and being integrated into networks for obtaining, retrieving,and disseminating information used by individuals who are not blind or visually impaired.For purposes of this Section,the phrase"equivalent access"means a substantially similar ability to communicate with or make use of the technology,either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. 32.If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its DocuSgn Envelope ID:ArD181b4-84E3-4417-A808-E384E3580313 Attachment C DLO Contract No.28465-141-CM [age 8 OS compliance with Subchapter Z,Chapter 36I of the Texas Health and Safety Code,related to the Television Equipment Recycling Program. 33.Pursuant to Section 572.069 of the Texas Government Code,Subrecipient certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Subrecipient within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1,2015. 34.The GLO does not tolerate any type of fraud. GLO policy promotes consistent,legal and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls.Any violations of law,agency policies,or standards of ethical conduct will be investigated,and appropriate actions will be taken.Subrecipient shall report any possible fraud, waste, or abuse that occurs in connection with the Contact to the GLO's Fraud Reporting hotline at(877)888-0002. 35.The requirements of Subchapter 1, Chapter 552, Government Code, may apply to this contract and Subrecipient agrees that the Contract can be terminated if Subrecipient knowingly or intentionally fails to comply with a requirement of that subchapter. 36.If Subrecipient,in its performance of the Contract,has access to a state computer system or database,Subrecipient must complete a cybersecurity training program certified under Texas Government Code Section 2054,519,as selected by the GLO. Subrecipient must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Subrecipient must verify in writing to the GLO its completion of the cybersecurity:raining program. 37.Under Section 2155,0061,Texas Government Code, Subrecipient certifies that the entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. DowSgn Envelope!D:AFDI B164-B?E3-44t7-AB0&E3B.E356D313 Attachment D GLO Contr=NI.2e-065-142-C782 Page S of 4 NONEXCLUSIVE LIST OF APPLICABLE LAWS,RULES,AND REGULATIONS If applicable to the Project, Provider must be in compliance with the following laws, rules,and regulations;and any other state,federal,or local laws,rules,and regulations as may become applicable throughout the term of the Contract,and Provider acknowledges that this list may not include all such applicable laws,rules,and regulations. Provider is deemed to have read and understands the requirements of each of the following,if applicable to the Project under this Contract: GENERALLY The Acts and Regulations specified in this Contract; Continuing Appropriations Act, 20I8 and Supplemental Appropriations fox Disaster Relief Requirements Act,2017(Public Law 115-56); The Housing and Community Development Act of 1974(12 U.S.C.§5301 et seq.); The United States Housing Act of 1937,as amended;42 U.S.C. § 1437f(o)(13)(2016) and related provisions governing Public Housing Authority project-based assistance,and implementing regulations at 24 C.F.R.Part 983(2016); Cash Management Improvement Act regulations(31 C.F.R.Part 205); Community Development Block Grants(24 C.F.R.Part 570); Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 C.F.R.Part 200); Disaster Recovery Implementation Manual;and State of Texas Plan for Disaster Recovery:Hurricane Harvey—Round I,dated April 6, 2018,as amended CIVIL RIGHTS Title VI of the Civil Rights Act of 1964,(42 U.S.C. §2000d et seq.); 24 C.F.R.Part 1, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development-Effectuation of Title VI of the Civil Rights Act of 1964"; Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972(42 U.S.C.§2000e,et seq.); Title VIII of the Civil Rights Act of 1968,"The Fair Housing Act of 1968"(42 U.S.C.§ 3601,et seq.),as amended; Executive Order 11063,as amended by Executive Order 12259,and 24 C.F.R.Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063"; The failure or refusal of Provider to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975(42 U.S.C.§6101,et seq.);and Section 504 of the Rehabilitation Act of 1973(29 U.S.C.§794.)and"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development".24 C.F.R.Part 8.By signing this Contract,Provider understands and agrees that the activities funded shall be performed in accordance with yy DocuSlgn Envelope ID: D1B164-B4E3-a417-A808-P nLc 56D313 AStathmcot D GLO Contract No.20-065-142.C782 Page 2 of 4 24 C.F.R Part 8; and the Architectural Barriers Act of 1968(42 U.S.C. §4151,et seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. LABOR STANDARDS The Davis-Bacon Act,as amended(originally,40 U.S.C.§§276a-276a-5 and re-codified at 40 U.S.C.§§3141-3148);29 C.F.R.Part 5; The Copeland "Anti-Kickback"Act(originally, 18 U.S.C. § 874 and re-codified at 40 U.S.C.§3145):29 C.F.R.Part 3; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(originally, 40 U.S.C.§§327A and 330 and re-codified at 40 U.S.C.§§3701-3708); Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction(Also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)(29 C.F.R.Part 5);and Federal Executive Order 11246,as amended. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. § 1701u):24 C.F.R.§§135.3(a)(2)and(a)(3); The Vietnam Era Veterans'Readjustment Assistance Act of 1974(38 U_S.C.§4212); Title IX of the Education Amendments of 1972(20 U.S.C.§§ 1681-1688);and Federal Executive Order 11246,as amended. GRANT AND AUDIT STANDARDS Single Audit Act Amendments of 1996,31 U.S.C.§7501; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 C.F_R Part 200); 'Uniform Grant and Contract Management Act(Texas Government Code Chapter 783) and the Uniform Grant Management Standards, issued by Governor's Office of Budget and Planning;and Title 1 Texas Administrative Code§5.167(c). LEAD-BASED PAINT Section 302 of the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§4831(b)). HISTORIC PROPERTIES The National Historic Preservation Act of 1966 as amended(16 U.S.C. §470,et seq.), particularly sections 106 and 110(16 U.S.C. §§470 and 470h-2),except as provided in §58.17 for Section 17 projects; Executive Order 11593,Protection and Enhancement of the Cultural Environment,May 13,1971(36 FR 8921),3 C.F.R,1971-1975 Comp.,p.559,particularly section 2(c); Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to DocuSign Envelope ID:AFD1B1B4-84E3-4417-A808-E384E356D313 Attachment D CLO Contract No.20-065-142-C782 Page 3 of 4 HUD programs;and The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic Preservation Act of 1974(16 U.S.C. §469,et seq),particularly section 3(16 U.S.C. § 469a-1). ENVIRONMENTAL LAW AND AUTHORITIES Environmental Review Procedures for Recipients sevlming HUD Environmental Responsibilities(24 C.F.R.Part 58,as amended); National Environmental Policy Act of 1969,as amended(42 U.S.C.§§4321-4347);and Council for Environmental Quality Regulations for Implementing NEPA(40 C.F.R.Parts 1500-1508). FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION Executive Order 11988,Floodplain Management,May 24, 1977(42 FR 26951),3 C.F.R, 1977 Comp.,p. 117,as interpreted in HUD regulations at 24 C.F.R.Part 55,particularly Section 2(a)of the Order(For an explanation of die relationship between the decision- making process in 24 C.F.R.Part 55 and this part,see§55.10.);and Executive Order 11990,Protection of Wetlands,May 24, 1977(42 FR 26961),3 C.F.R., 1977 Comp.,p.121 particularly Sections 2 and 5. COASTAL ZONE MANAGF,MENT The Coastal Zone Management Act of 1972 (16 U.S.C. § I451, et seq.), as amended, particularly sections 307(c)and(d)(16 U.S.C.§1456(c)and(d)). SOLE SOURCE AQUIFERS The Safe Drinking Water Act of 1974(42 U.S.C.§§201,300(f),et seq.,and 21 U.S.C.§ 349)as amended;particularly section 1424(e)(42 U.S.C.§300h-3(e));and Sole Source Aquifers(Environmental Protection Agency-40 C.F.R.part 149.). ENDANGERED SPECIES The Endangered Species Act of 1973(16 U.S.C.§1531,et seq.)as amended,particularly section 7(16 U.S.C.§1536). WILD AND SCENIC RIVERS The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended, particularly sections 7(b)and(c)(16 U.S.C.§1278(b)and(c)). AIR QUALITY The Clean Air Act(42 U.S.C. § 7401,et seq.)as amended, particularly sections 176(c) and(d)(42 U.S.C.§7506(c)and(d)). Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 C.F.R.Parts 6,51,and 93). FARMLAND PROTECTION Farmland Protection Policy Act of 1981 (7 U.S.C. §4201, et seq.)particularly sections 1540(b)and 1541(7 U.S.C.§§4201(b)and 4202);and DocuSign Envelope ID:AFD1R164 a4F34417-ABCa-E334E356D313 AetKhmee 11 GLO Concoct No.20-065-142-C752 Page 4 ad Farmland Protection Policy(Department of Agriculture-7 C.F.R.part 658). HUD ENVIRONMENTAL STANDARDS Applicable criteria and standards specified in HUD environmental regulations(24 C.F.R. Part 51Xother than the runway clear zone and clear zone notification requirement in 24 C.F.R.§51.303(a)(3);and HUD Notice 79-33,Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials,September 10,1979. ENVIRONMENTAL JUSTICE Executive Order 12898 of February 1I, 1994—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, (59 FR 7629),3 C.F.R,1994 Comp.p.859. SUSPENSION ANTI DEBARMENT Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. § 570.609); Gt,ucidl HUD Program Requirements;Waivers(24 C.F.R Part 5);and Nonprocurement Suspension and Debarment(2 C.F.R Part 2424). OTHER REQUIREMENTS Environmental Review Procedures for Entities Assnming HUD Environmental Responsibilities(24 C.F.R.Part 58). ACQUISITION I RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4601,et seq.),24 C.F.R.Part 42,and 24 C.F.R.§570.606. FAITH-RASED ACTIVITIES Executive Order 13279 of December 12,2002-Equal Protection of the Laws for Faith- Based and Community Organizations,(67 FR 77141). REMAINDER OF PAGE LNTExTIONALLY LEFT Bt,ars'K gew- GLO INFORMATION SECURITY APPENDIX FOR SUBRECIPIENTS 1. Definitions "Breach of Security" or "Breach" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information including data that is encrypted if the person accessing the data has the key required to decrypt the data. "GLO Data"means any data or information,which include includes PII and/or SPI as defined below, collected, maintained, and created by the GLO, for the purpose of providing disaster assistance to individuals, that City obtains,accesses(via records,systems,or otherwise),receives(from the GLO or on behalf of the GLO), or uses in the performance of the Contract or any documents related thereto. GLO data does not include other information that is lawfully made available to the City through other sources "Personal Identifying Information" or "PII" means information that alone, or in conjunction with other information,identifies an individual, as defined at Tex. Bus. & Corn. Code § 521.002(1). "Sensitive Personal Information"or"SPI"means the information categories listed at Tex. Bus. &Com. Code § 521.002(2). SPI does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government. 2. Security and Privacy Compliance a. Contractor shall keep all GLO Data received or generated under the Contract and any documents related thereto strictly confidential. b. Contractor shall comply with all applicable federal and state privacy and data protection laws, as well as all other applicable regulations and directives. c. Contractor shall implement administrative,physical, and technical safeguards to protect GLO Data that are no less rigorous than accepted industry practices including, without limitation, the guidelines in the National Institute of Standards and Technology ("NIST") Cybersecurity Framework Version 1.1. All such safeguards shall comply with applicable data protection and privacy laws. d. Contractor shall legally bind any subcontractors to the same requirements stated herein and obligations stipulated in the Contract and documents related thereto. Contractor shall ensure that the requirements stated herein are imposed on Contractor's subcontractor(s). e. Contractor will not share PII or SPI with any third parties, except as necessary for Contractor's performance under the Contract. f. Contractor will ensure that initial privacy and security training, and annual training thereafter, is completed by its employees and contractors, including any subcontractor, that have access to GLO Data or who create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise personally handle PII or SPI on behalf of the City. Contractor agrees to maintain and, upon request, provide documentation of training completion. g. Any GLO Data maintained or stored by Contractor or any subcontractor must be stored on servers or other hardware located within the physical borders of the United States and shall not be accessed outside of the United States. 3. Data Ownership a. The GLO shall retain full ownership of all GLO Data, which includes PII and/or SPI, disclosed to Contractor or to which the Contractor otherwise gains access by operation of the Contract or any agreement related thereto.. b. If, at any time during the term of the Contract or upon termination of the Contract, whichever occurs first,any part of the GLO data,in any form,provided to Contractor ceases to be necessary for Contractor's performance under the Contract, Contractor shall within fourteen (14) days thereafter securely return such GLO data to the GLO, or, at the GLO's or City's written request, destroy,uninstall, and/or remove all copies of data in Contractor's possession or control and certify to the GLO and City that such tasks have been completed. If such return is infeasible, as mutually determined by the GLO and Contractor, the obligations set forth in this Attachment, with respect to GLO Data, shall survive termination of the Contract and Contractor shall limit any further use and disclosure of GLO Data. 4. Data Mining a. Contractor agrees not to use GLO Data for unrelated purposes,advertising or advertising-related services, or for any other purpose not explicitly authorized by City in the Contract or any document related thereto. b. Contractor agrees to take all reasonably feasible physical, technical, administrative, and procedural measures to ensure that no unauthorized use of GLO Data occurs. 5. Breach of Security a. Contractor agrees to provide City and/or the GLO with the name and contact information for a Contractor employee which shall serve as the primary data security contact. b. Upon discovery of a Breach of Security or suspected Breach of Security by the Contractor, Contractor agrees to notify City as soon as possible upon discovery of the Breach of Security or suspected Breach of Security,but in no event shall notification occur later than 24 hours after discovery. Within 72 hours, Contractor agrees to provide,at minimum,a written preliminary report regarding the Breach or suspected Breach to City with root cause analysis including a log detailing the data affected. c. The initial notification and preliminary report shall be submitted to the GLO Information Security Officer at informationsecurity@glo.texas.gov. d. Contractor agrees to take all reasonable steps to immediately remedy a Breach of Security and prevent any further Breach of Security. e. Contractor agrees that it shall not inform any third party of any Breach of Security or suspected Breach of Security without obtaining GLO's and City's prior written consent. f. If the Breach of Security includes SPI,including Social Security Numbers,payment card information,or health information, Contractor agrees to provide affected individuals complimentary access for one (1) year of credit monitoring services. 6. Right to Audit a. Upon the City's request and to confirm Contractor's compliance with this Attachment, Contractor grants City, or the GLO, permission to perform an assessment, audit, examination, investigation, or review of all controls in the Contractor's, or any of Contractor's subcontractors, physical and/or technical environment in relation to GLO Data. Contractor agrees to fully cooperate with such assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure, and application software that stores, processes, or transports GLO Data. In lieu of a City or GLO-conducted assessment, audit, examination, investigation, or review, Contractor may supply, upon City or GLO approval, the following reports: SSAE16, ISO/ICE 27001 Certification, FedRAMP Certification, and PCI Compliance Report. Contractor shall ensure that this clause concerning the City and the GLO's authority to assess,audit, examine, investigate, or review is included in any subcontract it awards. b. At the GLO's request, Contractor agrees to promptly and accurately complete a written information security questionnaire provided by City or the GLO regarding Contractor's business practices and information technology environment in relation to GLO Data. ATTACHMENT "D" HMGP FUNDING REQUIREMENTS 1. CONTRACTOR SHALL ALSO COMPLY WITH ALL APPLICABLE FUNDING REQUIREMENTS FROM THE HMGP CONTRACT, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (a) To the extent they apply,Contractor shall comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the HMGP Contract, which may include,but is not limited to, the following: (i) Public Law 93-288, as amended(Stafford Act) (ii) 44 CFR,Emergency Management and Assistance (iii) Disaster Mitigation Act of 2000 (iv) OMB Regulations 2 CFR, Grant and Agreements (v) Executive Order 11988, Floodplain Management (vi) Executive Order 11990, Protection of Wetlands (vii) Executive Order 12372, Intergovernmental Review of Programs and Activities (viii) Executive Order 12549, Debarment and Suspension (ix) Executive Order 12612, Federalism (x) Executive Order 12699, Seismic Design (xi) Executive Order 12898, Environmental Justice (xii) Coastal Barrier Resources Act, Public Law 97-348 (xiii) Single Audit Act, Public Law 98-502 (xiv) Sandy Recovery Improvement Act publications (xv) Disaster Recovery Reform Act of 201816 U.S.C. § 470,National Historic Preservation Act (xvi) 16 U.S.C. § 1531, Endangered Species Act References (xvii) FEMA program publications, guidance and policies (xviii) Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at: http://www.window.state.tx.us/procurement/catrad/ugms.pdf (xix) State Administrative Plan for the HMGP, available at: https://grants.tdem.texas.gov (b) Site Visits. The United States Department of Homeland Security(DHS), FEMA and/or TDEM, through its authorized representatives,have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA on the premises of the City, Contractor shall provide all reasonable } facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. (c) Right to Audit. Contractor shall give the DHS, FEMA, the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of HMGP grant funds received and performances rendered under the Contract. Contractor shall permit TDEM or its authorized representative to audit the Contractor's records. Contractor shall provide any documents, materials or information necessary to facilitate such audit. Contractor shall take such action to facilitate the performance of such audit(s)conducted pursuant to this Section as TDEM may require of Contractor. (d) State Auditor's Clause. Contractor understands that acceptance of funds under the Contract acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents,working papers, and records of the Contractor relating to the Contract. (e) Responsibilities of Participants Regarding Transactions Doing Business With Other Persons. Contractor will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving funds under this Contract. (f) Closeout Procedures. Contractor shall provide the City a final application for payment in a timely manner so that the City can meeting timelines pursuant to Section D of the HMGP Contract to close out the HMGP Contract. (g) DUNS Number. Contractor confirms its Data Universal Numbering Systems (DUNS)Number is accurate and registered on Sams.gov. (h) Debarment and Suspension. Contractor shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. (I) Property Management and Inventory. If applicable to this Contractor, Contractor shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number,the source of property,who holds title,the acquisition date,the cost of the property, the percentage of Federal participation in the cost of the property,the location,use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. Contractor shall develop and implement a control system to prevent loss, damage or theft of property and Contractor shall investigate and document any loss, damage or theft of property funded under this Contract. (j) Evidence of Non-debarment. Evidence of non-debarment of Contractor must be documented through http://www.sam.gov/portal/public/SAM and http://www.window.state.tx.us/procurement/prog/vendor performance/debarred/ and submitted to City for review. (k) Monitoring. Contractor will be monitored periodically by federal, state or local entities, both programmatically and financially,to ensure that project goals, objectives,performance requirements,timelines, milestone completion, budget, and other program-related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office based and/or on-site monitoring of the Contractor's compliance with the HMGP Contract and of the adequacy and timeliness of the Contractor's performance pursuant to this Contract. After each monitoring visit, if the monitoring visit reveals deficiencies in Contractor's performance under the HMGP Contract, a monitoring report will be provided to the City and shall include requirements for the timely correction of such deficiencies by Contractor. Failure by the Contractor to take action specified in the monitoring report may be cause for suspension or termination of this Contract. (I) Access to Records. Contractor shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of its duly authorized representatives,access to and the right to examine all books,accounts,records,reports,files,other papers,things or property belonging to or in use by Contractor pertaining to the HMGP Contract including records concerning the past use of DHS/FEMA funds. Contractor shall retain such records at a minimum of three (3) years after completion of the project. Such rights to access shall continue as long as the records are retained by Contractor. (m) Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to the HMGP Contract that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Contract without written amendment and shall become effective upon the date designated by such law or regulation. (n) Enforcement. If the TDEM finds that the City materially failed to comply with any term of the HMGP Contract, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere,because of the actions of Contractor, City may take action against Contractor by, in addition to any other remedies in the Contract Documents or legally available, withholding payment to Contractor for all costs incurred by the City. (o) Project Closeout. At the completion and closure of this Contract, Contractor will certify the completion of Contract in accordance with the HMGP Contract terms and conditions to state there are no further claims under this Contract. (p) Federal Construction Assurance Form. Contractor shall complete form SF-424D, entitled "Assurances—Construction Programs" and return a copy to the City at the same time as executing the Contract. (q) Drug-Free Workplace Act. Contractor will comply with the Drug-free Workplace Act,in Subpart B of 2 C.F.R. Part 3001. (r) Federal Debt. Contractor certifies it is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424,item number 17 for additional information and guidance. (s) State of Texas Assurances. To the extent they apply, Contractor certifies that Contractor shall comply with the State of Texas Assurances listed in Exhibit D of the HMGP Contract. For purposes of this Contract, "Subrecipient" in Exhibit D State of Texas Assurances means the"Contractor" A copy of Exhibit D is included in this Attachment"D" (t) Environmental Review. Contractor shall comply with all mitigation or treatment measures required for the project as the result of FEMA's Environmental Planning and Historic Preservation (EHP) review. If ground disturbing activities occur during the project, Contractor shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Contractor shall immediately cease construction in that area and notify the City,FEMA and the appropriate State Historical Preservation Office. (u) Additional Grant Conditions. Contractor shall comply with all request from the City in order for the City to comply with the Additional Grant Conditions listed in Exhibit F of the HMGP Contract. A copy of Exhibit F is included in this Attachment"D". (v) Compliance with RFI Policy. Contractor shall comply with request for information policy in Exhibit H of the HMGP Contract, including providing requested information within thirty days of the emailed request for information on the HMGP Contract. (w) FEMA Provisions. (i) Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. (ii) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. (iii) Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements)applies to the Contractor's actions pertaining to this Contract. (iv) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, any subcontractors or any other party pertaining to any matter resulting from the contract. EXHIBITS TO ATTACHMENT "D" HMGP FUNDING REQUIREMENTS GRANT TERMS AND CONDITIONS EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient,I certify that Subrecipient 1. Shall comply with Texas Government Code,Chapter 573,by ensuring that no officer,employee,or member of the Subrecipienfs governing body or of the Subrecipienfs contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer,employee,or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected,assembled,or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code,Chapter 551,which requires all regular,special,or called meetings of governmental bodies to be open to the public,except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license,certificate,or permit to the owner,operator,or administrator of a facility if the Subrecipient is a health,human services,public safety,or law enforcement agency and the license,permit,or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701,Texas Occupations Code,or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the Subrecipient is a taw enforcement agency regulated by Texas Occupations Code,Chapter 1701. 7. Shall follow all assurances.When incorporated into a grant award or contract,standard assurances contained in the application package become terms or conditions for receipt of grant funds.Administering state agencies and subrecipients shall maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications are met.(See UGMS Section—36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code,Section 261.101,which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services.Subrecipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title VI of the Civil Rights Act of 1964(P.L 88-352),which prohibits discrimination on the basis of race,color,or national origin;(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C.§§1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles 1,11,and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities,44 U.S.C.§§12101-12213;(d)the Age Discrimination Act of 1974,as amended(42 U.S.C.§§6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970(P.L.91-616),as amended,relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;(g) §§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.§§290dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),as amended,relating to nondiscrimination in the sale,rental,or financing of housing;(I)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(j)the requirements of any other nondiscrimination statute(s)which may apply to this Grant. 10. Shall comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C.§276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 U.S.C.§§327-333),regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L 91- 646),which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act(5 U.S.C.§§7321-29),which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. Page 14 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS 14. Shall insure that the facilities under its ownership,lease,or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA(EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93- 234.Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under the National Environmental Policy Act of 1969(Pt.91-190)and Executive Order(EO)11514;(b)notification of violating facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 11988;(e)assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C.§§1451 et seq.);(f)conformity of federal actions to State(Clear Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1977,as amended(42 U.S.C.§§7401 et seq.);(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523);and(h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C.§470),EO 11593(identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.§§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as amended,7 U.S.C.§§2131 et seq.)which requires the minimum standards of care and treatment far vertebrate animals bred for commercial sale,used in research,transported commercially,or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994(Public Law 103-277),which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal taxforms. 23. Shall comply with all applicable requirements of all other federal and state laws,executive orders,regulations,and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension,debarment,or similar ineligibility determined by any federal,state,or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224.Entities ineligible for federal procurement have Exclusions listed athttps:liwwwsam.00vloortalioublic/SAIW. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq. Page 15 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State-Federal team(or FEMA process equivalent). 2. All work must be done prior to the approved project completion deadline assigned to each Project(POP). For projects written at 100% complete, documentation must be submitted within 90 days of the Recovery Scoping Meeting(or FEMA process equivalent)or within 90 days of the work completion date(both Hazard Mitigation and Public Assistance),whichever is later, regardless of whether the project has been obligated. Should additional time be required, a time extension request must be submitted which: a.) Identifies the projects requiring an extension.b.)Explains the reason for an extension.c.)Indicates the percentage of work that has been completed. d.) Provides an anticipated completion date. e) Provides detailed milestones documenting expected progress.The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 90 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding.The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs_Approval of these requests is not guaranteed and is subject to funding availability. Costs incurred prior to approval of any scope or budget/cost changes may be denied. 4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved work being completed for each project. if any project requires the purchase of insurance as a condition of receiving federal funds,a copy of the current policy must be attached to this report,or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small($128,900)Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM.All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Altemative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. 8. You may request a payment of funds on projects by initiating a Request for Reimbursement(RFR)in TDEM's Grant Management System(GMS)or an Advance of Funds Request (AFR), and including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will be initiated by TDEM personnel.Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly progress reports (QPR) for open large projects and all Hazard Mitigation Grant Program projects using TDEM's GMS. Your assigned Public Assistance and/or Mitigation Coordinator will coordinate the due date for your specific reporting. Reports shall record all Page 17 of 20 TDEM—December 2020 GRANT TERMS AND CONDITIONS information in an accurate and timely manner for each quarter. Detailed information regarding each item of information required is available on the form in GMS.Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension.The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated.No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and up-to-date. 10.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles,Audit, and Administrative Requirements for Federal Awards, Subpart F.A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year. Consult with your financial officer regarding this requirement.If not required to submit a single audit,a letter must be sent to TDEM certifying to this. 11.Subrecipients will not make any award to any party which is debarred or suspended,or is otherwise excluded from participation in the Federal assistance programs(EO 12549,Debarment and Suspension).Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years,but could be longer. If the fair market value of a piece of equipment is valued over$5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than$5,000,the property can either be retained,sold or designated as surplus with no further obligation to FEMA. 13.TDEM will be using the FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal).Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely,all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM requires the use of its Grant Management System (GMS) for Subrecipient grant management functions.Subrecipient will access GMS to initiate Requests for Reimbursements(RFR),Advance of Funds Requests (AFR),Time Extensions, Scope and Cost change requests, Quarterly Progress Reports, Project Closeouts,Appeals,and other items deemed necessary by TDEM.Requested forms and processes may be adjusted and changed to accommodate GMS processes and requirements. Subrecipient agrees to monitor GMS as necessary to properly manage and complete awarded projects under this agreement. 16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10%de minimis rate of modified total direct costs(MTDC)(as per§200.414)when receiving Management Costs. Page 18 of 20 TDEM—December 2020 pr ATTACHMENT "E" DAVIS BACON PROVISIONS (a) Davis-Bacon Provisions. Contractor shall comply with 40 U.S.C.3141-3148 and 40 U.S.C.3701- 3708(labor standards originally enacted as the Davis-Bacon Act,the Contract Work Hours and Safety Standards Act,the Copeland Anti-Kickback Act),which are incorporated into the Contract by this reference. This includes, but is not limited to,the following provisions: (i) Minimum wages. (1) 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(d)(i)(4)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 section(d)(iv). 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 classification and wage rates conformed under paragraph (d)(i)(2) 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. (2) 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: i. The work to be performed by the classification requested is not performed by a classification in the wage determination; and ii. The classification is utilized in the area by the construction industry; and iii. 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, 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 (d)(i)(2) (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. (3) 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. (4) 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. (ii) Withholding. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract.In the event of failure to pay any laborer or mechanic,including any apprentice,trainee, or helper,employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, the City 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. (iii) Payrolls and basic records. (1) 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)(l)(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. (2) a. The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Bureau of Reclamation if the agency is a party to the contract, but if the agency is not such a party,the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be,for transmission to the Bureau of Reclamation.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the(write in name of agency),the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency(or the applicant, sponsor, or owner). 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: i. That the payroll for the payroll period contains the information required to be provided under§ 5.5 (a)(3)(ii)of Regulations,29 CFR part 5,the appropriate information is being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; ii. 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; iii. 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. (3) The Contractor or subcontractor shall make the records required under paragraph (c)(iii)(1) of this section available for inspection, copying, or transcription by authorized representatives of the City 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. (iv) Apprentices and trainees - (1) 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,Office of Apprenticeship Training,Employer and Labor Services,or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services 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 determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training,Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, 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. (2) 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. (3) 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. (v) 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. (vi) 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 City may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (vii) 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. (viii) 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. (ix) 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 City,the U.S. Department of Labor, or the employees or their representatives. (x) Certification of eligibility. (1) 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). (2) 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). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act wr- (i) 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. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(i) of this Section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such City or to such territory), 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 (i) 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(i)of this Section. (iii) Withholding for unpaid wages and liquidated damages. The City 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 Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(ii) of this section. (iv) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(ii)through(iv)of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i)through(iv) of this Section. APPENDIX U CHILD SUPPORT CERTIFICATION CHILD SUPPORT CERTIFICATION TEXAS FAMILY CODE,SECTION 231.006 INELIGIBILITY TO RECEIVE STATE GRANTS,LOANS OR RECEIVE PAYMENT ON STATE CONTRACTS A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner,shareholder,or owner with an interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property,materials or services,or receive a state-funded grant or loan until: 1. All arrearages have been paid; 2. The obligor is in compliance with a written repayment agreement or court order as to any existing delinquency;or 3. A court-ordered exemption has been granted. CERTIFICATION STATEMENT Under Section 231.006,Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledge that this contract may be terminated and payment may be withheld if this certification is inaccurate. I,the undersigned,hereby certify that I am in compliance with the Texas Family Code,Section 231.006. AGREED TO BY: CONTRACTOR: ALLCJ, LLC .4 � If. By: _ • Name: T.W. HARRISON Title: PRESIDENT' //'�/ . '1 Title: Date: OCIOBER 4, 2023 APPENDIX A FORM FOR REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: , 20 MONTH OF: ,20 CITY of PORT ARTHUR,TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR, TEXAS 77641-1089 ATTENTION: Engineering Division Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified (list dates actually lost: do not include days not normally worked such as Saturdays, Sundays, or holidays): Dates Lost: Days Lost( )/ 5 x 7+ Calendar Days Requested Reasons for Request: Contractor By: Approved for extension of calendar days. Disapproved. Date: , 20 CITY OF CITY OF PORT ARTHUR,TEXAS BY: City Manager Distribution by City Original: Public Works Engineering Cc: Engineer Contractor CPA Federally Funded APPENDIX B SPECIAL PROVISIONS SPECIAL PROVISIONS IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to the fact that utility adjustments may be required for the construction of this project. The Contractor will be expected to coordinate work with all utility companies in order to maintain service at all times to the adjacent property owners. Additional time will be granted for delays caused by utility adjustments, if in the opinion of the Engineer, such delays warrant additional time. It is specifically understood, however, that if the Contractor is delayed by virtue of these utility adjustments, that this delay will not be considered as a basis for a claim by the Contractor. The following utility companies are involved in the construction of this project and a telephone number and current contact person are listed: UTILITY TELEPHONE NO. CONTACT PERSON AT&T 0: 409.839.7851 Eddie Cook Telephone Company M: 409.924.1495 0: 409.893.1666 Cliff Palermo M: 409.291.9489 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur 0: 409.983.8557 Darrell Harmon Water Distribution M: 409.718.2442 City of Port Arthur 0: 409.983.8551 Jerome Hudson Sewer Conveyances M:409.543.3839 City of Port Arthur 0: 409.983.8524 Brad Brown Drainage Superintendent M:409.365.7184 Entergy 0: 409.982.5830 Pauline Oliver M:409.679.6154 Spectrum 0: 409.720.5565 Adam LaRive M: 409.284.3765 The utilities listed above will be adjusted by the Owner of the utility and will not be the responsibility of the Contractor with the exception of sewer and water line adjustments. The Contractor shall perform all work necessary to adjust the sewer and water lines as detailed in the plans. SP-1 SPECIAL PROVISIONS DETOURS,BARRICADES,WARNING SIGNS,SEQUENCE OF WORK,ETC. • The Contractor's particular attention is directed to the requirements of Article 5 "The Contractors Responsibilities" of the "General Conditions". In addition to these requirements, the following provisions shall govern on this Contract. • Prior to beginning any work on this project,it will be necessary for the Contractor to participate in the pre-construction safety meeting with the Engineer in charge of the project,and other agencies. The Engineer in charge of the project will notify the Contractor when this meeting will be held. This meeting shall be prior to the beginning of working time changes. • Before beginning work on this project,the contractor shall submit in writing, for approval by the Engineer,a plan of operation outlining in detail a sequence of work to be followed. • The Traffic Control Plan shall be governed by TxDOT Traffic Control Plan,Barricades and Traffic Control Standards;BC(1-12)-14 and Work Zones Traffic Control Details as shown on the plans. • Flaggers,portable barricades,pavement markings,and warning signs in addition to those shown in the plans may be required as directed by the Engineer in order to insure a safe and continuous flow of traffic. If the Contractor desires to deviate from the Traffic Control Plans, approval from the Engineer must be obtained. No additional compensation will be allowed the Contractor if there is a deviation from the Traffic Control Plan. • The Contractor's particular attention is called to the Traffic Control Plan and sequence of work detailed in the plans. Strict adherence to this plan will be required unless otherwise approved by the Engineer in writing. • It is the intent of the City of Port Arthur that unfavorable impact by the contract work,on businesses and residences, shall be minimized. The Contractor shall notify in writing,at least forty-eight(48) hour prior to beginning any phase of work,all businesses and residences which are expected to be affected by said phase of work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the Plans and Contract documents. General: • The Contractor shall provide the traffic control devices so detailed in the Traffic Control Plan. It is the intent of the sequence of work that the Contractor be continually aware and responsive to the needs of the traveling public and that all operations be performed with the needs of the public and local residences in mind and to insure the safety of both the public and the project personnel. • Maintain existing storm water drainage facilities. During construction in all phases of work on site or as ordered by the engineer, the contractor will provide all necessary labor, equipment and conveyance materials to drain the storm water and discharge into existing and new storm sewer structures where storm water will flood properties and roadways. This will not be paid for separately,but will be considered subsidiary to various bid items. SP-2 • Insure that safe access is provided to bus stops,bus shelters and to and from bus loading and unloading at all times. • Provide temporary driveway access crossing construction area at the end of each day. END OF SECTION SP-3