Loading...
HomeMy WebLinkAboutPR 23781: CONTRACT WITH VORTEX SERVICES, LIFT STATION IMPROVEMENTS PROJECT C it v of == ort r1/tnL — INTEROFFICE MEMORANDUM Date: May 24, 2024 To: The Honorable Mayor and City Council Through: Ronald Burton, C.P.M., City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: P.R.No. 23781 Execute contract with VORTEX SERVICES for the Houston Ave. &W. Lakeshore Dr. Lift Station Improvements Project. Introduction: This Agenda Item intends to seek the City Council's approval for executing a contract with VORTEX SERVICES of Houston, Texas. The contract provides for the rehabilitation of the existing Houston Ave. &W. Lakeshore Dr. Lift Station through BuyBoard Contract No. 731-24 in the total amount of$134,207.36 from Account No. 405-40-000-8516-00-00-000, WS0017. Background: The existing lift station wet well concrete has been severely corroded from sewer gases and requires major rehabilitation. VORTEX SERVICES of Houston, Texas will clean the interior of the station and apply a Geopolymer Liner coating which will add structural stability to the station. The scope includes the installation of the liner, bypass pumping, associated service connections, appurtenances, all necessary labor, materials, and equipment. Budget Impact: The projected budgetary impact is $134,207.36. Funds are available from Account No. 405-40- 000-8516-00-00-000, WS0017. Recommendation: It is recommended that the City Council approve P.R. No. 23781, to execute a contract with VORTEX SERVICES, as discussed/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" I PR No. 23781 5/24/2024 CV Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH VORTEX SERVICES LLC, FOR THE REHABILITATION OF THE HOUSTON AVENUE & WEST LAKESHORE DRIVE LIFT STATION THROUGH BUYBOARD CONTRACT NO. 731-24 IN THE TOTAL AMOUNT NOT TO EXCEED $134,207.36; FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-40-000- 8516-00-00-000,WS0017. WHEREAS, Chapter 271 of the Texas Government Code allows a city, by resolution of its governing body, to participate in cooperative purchasing programs, such as Texas BuyBoard, as an alternative to formal bid process; and, WHEREAS, pursuant to Resolution No. 02-341, the City of Port Arthur entered into an interlocal agreement for cooperative purchasing with the BuyBoard Cooperative Purchasing Program; and, WHEREAS, VORTEX SERVICES has submitted BuyBoard Contract No.731-24 for the Houston Ave. & W. Lakeshore Dr. Lift Station Improvement Project in the amount of $134,207.36 for consideration by the City Council; and, WHEREAS, this contract provides for the rehabilitation of the existing lift station wet well located on Houston Ave. &W. Lakeshore Dr.; and, WHEREAS, VORTEX SERVICES will clean the interior of the station bypass pump and apply a Geopolymer Liner coating which will add structural stability to the station; and 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 Manager is hereby authorized to execute a contract, in substantially the same form as the attached Exhibit"A", with VORTEX SERVICES of Houston, Texas to provide PR No. 23781 5/24/2024 CV Page 2 of 3 contract services for the Houston Ave. & W. Lakeshore Dr. Lift Station Improvement Project through BuyBoard Contract No. 731-24 in the total amount of$134,207.36; and, THAT, funding for this contract is in the Capital Improvement Project Account No. 405- 40-000-8516-00-00-000, WS0017. THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED, this day of , 2024, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: Councilmembers: NOES: Thurman"Bill" Bartie Mayor ATTEST: Sherri Bellard City Secretary PR No. 23781 5/24/2024 CV Page 3 of 3 APPROVED AS TO FORM: Ardt /441Y14--41" I�eTT s M. Black rim City Attorney APPROVE ADMINISTRATION: dorplopp.-- Ronald Buu : , 'M City Manager Calvin Matthews, P.E. Water Utilities Director APPROVED AS TO FUND AVAILABILITY: W„76 ) 6.3tt_Lee-c ync(Lyn) Boswell, MA, ICMA-CM Director of Finance 44— LA Clifton Williams, CPPB Purchasing Manager SPECIFICATIONS AND CONTRACT DOCUMENTS Houston Ave Lift Station Rehabilitation- Wet Well Liner Cin of ®` VA /f+iu��_ Texas CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. BID C. GENERAL CONDITIONS D. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE E. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B F. PAYMENT BOND G. PERFORMANCE BOND H. INSURANCE I. TECHNICAL SPECIFICATIONS J. QUALIFICATION STATEMENT K. HOUSE BILL 89 VERIFICATION L. NON-COLLUSION AFFIDAVIT M. AFFIDAVIT N. SB 252 CHAPTER 2252 CERTIFICATION SECTION A CONSTRUCTION CONTRACT AGREEMENT CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of ,A.D. 2024,by and between the City of Port Arthur,a municipal corporation organized under the laws of the State of Texas,hereinafter called "OWNER"or"CITY"and a ,herein acting by and through, hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments,terms,conditions, and agreements set forth herein,OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the Houston Ave Lift Station Rehabilitation— Wet Liner 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies,tools,equipment, labor,and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within consecutive calendar days as specified in the Notice to Proceed, including,but not limited to,all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $134,207.36 ,or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: A. CONSTRUCTION CONTRACT AGREEMENT B. BID C. GENERAL CONDITIONS D. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B E. PAYMENT BOND F. PERFORMANCE BOND G. INSURANCE H. TECHNICAL SPECIFICATIONS I. QUALIFICATION STATEMENT J. HOUSE BILL 89 VERIFICATION K. NON-COLLUSION AFFIDAVIT L. AFFIDAVIT M. SB 252 CHAPTER 2252 CERTIFICATION 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as outlined in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs,executors, administrators, successors,and assigns. IN WITNESS WHEREOF,the Parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in two(2)copies,each of which shall be deemed an original on the date first above written. OWNER: City of Port Arthur BY: CONTRACTOR: NAME: TITLE: BY: NAME: ADDRESS: [CORPORATE SEAL] ATTEST: NAME: SECTION B BID E38fl \/ 1Q8E To: City Of Port Arthur Contact: Jess Liao Address: 444 4th St. Phone: (409)983-8193 Email: Project Name: TX-Port Arthur-Houston Ave Lift Station Rehab Bid Number: 2428658 Project Location: Houston Ave&W. Lakeshore Dr, Port Arthur,TX Bid Date: 5/24/2024 Proposal Based On BuyBoard Contract 731-24 Item# Item Description Estimated Quantity Unit Unit Price Total Price I.20A.048 Mobilization-Texas 1.00 EACH $4,784.00 $4,784.00 I.3A.014 Structure Rehabilitation-Each Additional 1/2 Inch 3,280.00 SF $11.50 $37,720.00 Geopolymer Liner. I.3A.015 Structure Rehabilitation-1-inch Geopolymer Liner 640.00 SF $38.00 $24,320.00 I.4A.002 Set Up 6"Pump And Piping Including Up To 1000 Feet 1.00 EACH $1,500.00 $1,500.00 Of Bypass Discharge Line I.4A.016 Operate 6"Pumping System Per Pump 10.00 DY $2,000.00 $20,000.00 I.4A.033 Tear Down 6"Pump And Piping Including 1000 Feet Of 1.00 DY $1,500.00 $1,500.00 Bypass Discharge Line I.5A.049 Vactor Truck Services(Per Truck And Includes An 20.00 HR $500.00 $10,000.00 Operator)*Will Bill As Needed II.21A.017 Infiltration Control-Chemical Grout(*will Bill As 5.00 GAL $350.00 $1,750.00 Needed) II.21A.018 Infiltration Control-Quad-Plug(5 Gallon)(*will Bill As 10.00 5GAL $65.00 $650.00 Needed) CO Allowance 1.00 EACH $30,000.00 $30,000.00 Bid Price Subtotal: $132,224.00 Total Performance&Payment Bond 1.500/0: $1,983.36 Total Bid Price: $134,207.36 Notes: • Our pipe cleaning and dewatering are figured based on our site visit(which was determined to require a 6"diesel pump). Owner to provide bypass 4 tie-in access to the forcemain at the lift station.If these conditions change,Vortex reserves the right to adjust our unit price accordingly. • Proposal includes standard signs and cones.Any additional maintenance of traffic(MOT)needed will be provided by Others. • Owner will provide a portable hydrant meter and access to onsite water for our use free of charge. • Owner will provide access to each and every manhole and or structure.This may include but not limited locating,exposing,and raising buried MH's prior to our crew mobilizing. • If necessary,Owner will provide Permits&Fees.Vortex will provide our standard insurance coverage. OCP or railroad insurance&or longshoreman insurance is not included. • Our Bid Proposal is valid for 30 days from the bid date. • Site Restoration will be performed by Others. • This is a unit priced contract and the actual billing will be based on installed quantities. If the installed quantities vary greater than 10%of the bid quantities,Vortex reserves the right to adjust our unit price accordingly. • Standard wages are included.Therefore, Prevailing wages and or Union Wage Rates are not included in this bid proposal. • Our bid proposal as submitted reflects the current material pricing established on or before the bid date listed within our proposal. In the event of unforeseen price increases of our raw materials,Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. • Payment terms: Net 30 days.Interest will be added to balances outstanding after 30 days • 8.25%Material Sales Tax is included in our bid proposal.If the owner is exempt,we will need them to provide an exemption certificate prior to contract execution. Service Tax is not included. If required, it will be invoiced separately. • Vortex's bid proposal shall be incorporated into the subcontract agreements.Vortex will initiate this project upon an agreement or receipt of a 0 subcontract or purchase order. Copies of payment and performance bonds must be provided to Vortex. • Any delays besides weather that is outside of our control will be billed at a standby rate of$1,250/hour. Page 1 of 2 • Typically any debris collected from the Manhole(MH)rehab process is removed by hand but if there is a significant amount of debris collected,the Owner shall provide a Vac Truck to remove debris collected and dispose the debris that is pulled from the cleaning process. Please note,Vortex can also provide a vac truck at$500/HR(*4 hr min,travel time will be billed port to port) • Since the owner did not provide H2S levels,Vortex is assuming the existing structures to get rehab fall below our manufacturer's recommended H2S levels. • Owner to remove of any cords,piping,wires,floats etc,prior to our arrival and reinstall after we demob. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and Vortex Services LLC are hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: Nate Kennedy (832)392-1816 nkennedy@vortexcompanies.com Page 2 of 2 SECTION C 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 the 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 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 the 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 55. Protection of Work and Property--Emergency 56. Inspection 57. Superintendent by Contractor S8. . 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 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 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. 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 CON 1RACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder.The CONTRACTOR further covenants that in the performance of this Contract,no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER,which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses,approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law,ordinance or regulation.CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship.The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections,tests or approvals required by the Contract Documents, law,ordinance,rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections,tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including,without limitation,the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly(a)a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule,and(b)a schedule fixing the respective dates for the submission of shop drawings,the beginning of manufacture,testing and installation of materials, supplies and equipment, and the completion of the various parts of the work;each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid.After examination of such drawings by the Architect/Engineer and the return thereof,the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer,the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer,the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that,except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor,tools,equipment, water, light,power, transportation, superintendents,temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute,complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours,on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work,free from all liens,claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS All materials, equipment,etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency,or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER,and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents,all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid,the ENGINEER shall, upon written authorization from the OWNER,instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be 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 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 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 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 porrtion 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 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. 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 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 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 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 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 reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications,he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary,any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c)of the General Conditions,the CONTRACTOR shall furnish satisfactory bills,payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more,or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. 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 officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed,by and between the CONTRACTOR and the OWNER,that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed,by and between the CONTRACTOR and the OWNER,that the time for the completion of the work described herein is a reasonable time for the completion of same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect,fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER,then the CONTRACTOR does hereby agree,as a part consideration for the awarding of this Contract,to pay to the OWNER the amount specified in the Contract,not as a penalty,but as liquidated damages for such breach of Contract as hereinafter set forth,for each and every consecutive calendar day, including,but not limited to, all Saturdays, Sundays, and Federal, State,and City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain,and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work,the new time limit fixed by such extension shall be of the essence of this Contract. Provided,that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the 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. 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 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 CON TRACTOR. 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 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 or damage. 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 bindingJf_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,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. 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) 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. SECTION D SUPPLEMENTAL GENERAL CONDITIONS SECTION E 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 , 2024, 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., 2024. 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. SECTION 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 2022, 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. 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 , 2024. ATTEST: Principal By (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 the date of Contract. IF CONTRACTOR is a 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. SECTION G INSURANCE ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS TO 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). CONTACT PRODUCER NAMME: p/�( (A/C,No,Ext): No►: E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AINSR SWVD POLICY NUMBER (MM/DD/YY)Y F (MMDCD�)P LIMITS GENERAL LIABILITY J EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES EaE r ence) $ JCLAIMS-MADE ! I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY JECT LOC $ AUTOMOBILE LIABILITY (.OMHINIU SIW&E LIMI f (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident) $ iii AUTOS DAUTOS PROPERTY DAMAGE AUTOS NON-OWNED HIRED AUTOS (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION WCSIAfU- OTH- AND EMPLOYERS'LIABILITY YIN TORYLIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes.describe it under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SECTION H TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS CITY OF PORT ARTHUR Houston Ave Lift Station Rehabilitation Wet Well Liner GENERAL This contract provides for the rehabilitation of the existing lift station located on Houston Ave & W. Lakeshore Dr. Port Arthur. The project includes the Geopolymer Liner coating the wet well wall, bypass pumping, associated service connections, appurtenances, all necessary labor, materials, equipment, and testing. SPECIFIC This contract shall include all necessary labor, materials, equipment,tools, inspection,testing, and superintendence required for the complete and operable rehabilitation of the proposed project as shown on the contract plans and specifications. This contract includes, but is not limited to the following: The Scope of Service shall be performed specifically outlined in Exhibit A, attached, and complete the tasks in accordance with a work schedule. CONDITIONS ALONG THE ROUTES The Contractor's attention is called to various physical conditions along the routes as follows. 1. Overhead power lines are located near or within the project site. The Contractor shall notify proper authorities at least 72 hours before construction begins. The Contractor shall take precautions to avoid damage to power lines, foundations, guy wires, and appurtenances. The Contractor shall observe all applicable OSHA and owner requirements while working near the overhead power lines including restriction of height of the equipment. 2. Underground utilities and pipelines exist near or within the project area. During construction,the Contractor shall take the necessary precautions to avoid damaging the existing utilities within the limits of the project site. SPECIAL REQUIREMENTS The Contractor shall contact the lift station supervisor, Danny Luno, (409) 670-3815 prior to starting any work within the project site. The Contractor shall restore all project locations to their original condition or better prior to the project completion. it SECTION QUALIFICATION STATEMENT 1 SECTION J HOUSE BILL 89 VERIFICATION House Bill 89 Verification (Person name), the undersigned Representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 Notary Public SECTION K NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT THE CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership, or institution represented by the signatory or anyone acting for the firm bidding on this project has violated the antitrust laws of this State, codified in Section, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of the said bidder. Notary Public in and for the State of Texas My commission expires: SECTION L AFFIDAVIT AFFIDAVIT All pages in the Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that j do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby ce 1 tify that j 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. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above-named on this the day of Notary Public SECTION M SB 252 CHAPTER 2252 CERTIFICATION SB252 CHAPTER 2252 CERTIFICATION I, . the undersigned and representative of (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 concerningg 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 that do business with Iran,Sudan,or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) Signature of Company Representative Date SECTION -- kJ ___ _ :ERTIFICATION CHAPTER 2271 CERTIFICATION I, . the undersigned and representative of (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 terms 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 an Israeli- controlled territory, but does not include an action made for ordinary business purposes. Name of Company Representative (Print) Signature of Company Representative Date