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HomeMy WebLinkAboutPR 23855: G&G ENTRPRISES CONSTRUCTION CORP., CONSTRUCTION OF FIRE STATION 3 City of s 42) ort rthu _ Te1 us I www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 18,2024 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Robert L. Havens. Interim Fire Chief RE: P.R. No. 23855 —Authorizing For The City Manager To Enter Into A Contract With G&G Enterprises Construction Corp., Of Beaumont, Texas, For The Construction Of Fire Station 3 Introduction: The intent of this agenda item is to seek the City Council's approval of Proposed Resolution 23855 authorizing the City Manager to enter into a contract with G&G Enterprises Construction Corp., of Beaumont, Texas for the construction of Fire Station 3 in the total amount not to exceed $9,258,000. This amount is based on obtaining bids from multiple vendors (Exhibit A). Background: The City secured the services of Brown Reynolds Watford(BRW)of College Station, Texas for the design and architectural services related to the construction of new Fire Stations 2 and 3. The design and engineering phases are completed for Station 3. A request for proposals was released by the Purchasing Department for the construction of Station 3. After all the proposals were reviewed by City staff, BRW confirmed that G&G Enterprises Construction Corp. met all scope of work requirements. It was determined that G&G Enterprises Construction Corp. was the best choice (Exhibit B). Budget Impact: This item has a budgetary impact of$9,258,000. Funding in Capital Improvement Account No. 307-21-409-8512-00-10-000, Project #BU0013.CON is contingent upon the approval of a budget amendment via adoption of Proposed Ordinance No. 7270. Recommendation: The Fire Department recommends approval of this Proposed Resolution. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 23855 7/18/24 rlh RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH G&G ENTERPRISES CONSTRUCTION CORPORATION OF BEAUMONT, TEXAS, FOR THE CONSTRUCTION OF THE NEW FIRE STATION NO. 3 (PORT ACRES), FOR THE TOTAL NOT TO EXCEED AMOUNT OF $9,258,000.00; THE FUNDING IN CAPITAL IMPROVEMENT ACCOUNT NO. 307-21-409-8512-00-10- 000, PROJECT #BU0013.CON IS CONTINGENT UPON THE APPROVAL OF A BUDGET AMENDMENT VIA ADOPTION OF PROPOSED ORDINANCE NO. 7270. WHEREAS, the Port Arthur Fire Department deemed it essential to replace Fire Station #3 located in Port Acres to enhance operations, ensure personnel safety, and better prepare for future community needs; and; and, WHEREAS, Resolution 22-515 and 24-072 authorized the execution of a contract with Brown Watford Reynolds (BRW) to perform architectural, design and construction management services for the replacement of Fire Station#3; and WHEREAS, the architectural and design work was completed, and the Purchasing Department advertised for bids for the construction of a new Fire Station #3, resulting in the receipt of four(4) sealed bids; and, WHEREAS, G&G Enterprises Construction Corporation, of Beaumont, Texas, has submitted the best and lowest bid proposal for the construction of Station #3, for the total not to exceed amount of$9,258,000.00, as delineated in the bid tabulation attached hereto as Exhibit "A"; and WHEREAS, it is recommended the City award the contract to G&G Enterprise for the construction of the new fire station. P.R. No. 23855 7/18/24 rlh NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the City Manager to execute a contract with G&G Enterprises Construction Corporation of Beaumont, Texas, for the construction of the new Fire Station 3, in substantially the same form as attached hereto as Exhibit "B", for the total amount not to exceed$9,258,000.00. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this day of 2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES Mayor: Councilmember: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary P.R. No. 23855 7/18/24 rlh APPROVED AS TO FORM: s M. Black rim City Attorney APPROVED FOR ADMINISTRATION: Al14 W14011111 Ron Burton, C' ., City Man.:-r obert . Havens Interim Fire Chief APPROVED AS TO AVAILABILITY OF FUNDS: X--)n �A 9-711) y �a Boswell. M.A., ICM -CM Director of Finance (MA- tvd.k4, Clifton Williams, CPPB Purchasing Manage P.R. No. 23855 7/18/24 rlh EXHIBIT "A" x S er ■ � © / In er � / • ... ela el' k Co © in o $ 3-7 / k >I g a r k $ & - k 0. 0 L —6 L ci en . § : .. . § o ■ k • ¢ o 7 k = © 2 k § § ¢ 2 g § © U Q & - 2 ■ 6 § & ■ 5 QQo -, q % 4 c in * 0 0 U w k § 2 _ \ k £ 1 IA Wr.) E , C ECI E = © o 2 § = 1 7 $ U 2 1 enb # a © _ § ■ ett « 2 § Q et a % k 2 § • ; 0. An CO 0 �� � e - © - » 0 _ k� o t V or © 0 ± ` ^° # $ § t 2 �k - _ \ Q c 3 .4 P.R. No. 23855 7/18/24 rlh EXHIBIT "B" THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM TIFFANY HAMILTON,MAYOR PRO TEM \ I J/,/ CITY MANAGER COUNCIL MEMBERS: `\t !� SHERRI BELLARD,TRMC WILLIE BAE LEWIS City of CITY SECRETARY DONEANE BECKCOM " HAROLD L.DOUCET,SR )mil JAMES M.BLACK THOMAS KINLAW III INTERIM CITY ATTORNEY DONALD FRANK,SR. o r l r t/! tt r ' Texas MAY 13,2024 INVITATION TO BID CONSTRUCTION OF FIRE STATION#3 DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 29, 2024. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, May 29, 2024 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P24-038 DELIVERY ADDRESS: Please submit one(1)original and one(1)copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov The enclosed Invitation to Bid (ITB) and accompanying General Instructions,Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Construction of Fire Station #3 will be held on Tuesday, May 29,2024 at 2:00 p.m. at City Hall 52 Floor Council Chamber located at 444 42 Street, Port Arthur,Texas. The purpose of the Non-Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s)to clarify the intent of the Contract Documents. or,or -CITY OF PORT ARTHUR,TEXAS orr rthu`�r"'"— ADDENDUM NO. ONE (1) May 13, 2024 BID FOR: CONSTRUCTION OF FIRE STATION #3 BID #24-038 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows The correct pre-bid date is May 14,2024 at 2:00 pm. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ....•• Q •.. t & s. Clift&i Williams Purchasing Manager = ' I '146 ;‘ 1 \Nukl;k4\1111,C,CO, v J 6-12-24 Signature of Prop�fser ''., Date J.W. Garrett & Son, Inc. d/b/a G&G.............. Enterprises Construction Corp. Company Vendor Name ot, -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. TWO (2) rtn r May 16,2024 BID FOR: CONSTRUCTION OF FIRE STATION #3 BID#24-038 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached are answers to questions. 2. Attached is bid summary that contractor will submit with current bid sheet. 3. Attach is update to specifications. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ............, T & .............. \ ! e • Cli ‘P;n Williams Purchasing Manager I ROA . . . • ,p ••••, .. . / 6-12-24 Signature o Proposer * Date J.W. Garrett & Son, Inc. d/b/a G&G'............... Enterprises Construction Corp. Company Vendor Name • y.iif14A. HO4 ADDENDUM NO. 2 W Q �� �) May 16, 2024 �� CITY OF PORT ARTHUR i �>, 8 8 3 F et CO ' FIRE STATION NO. 3 OF -- 2385 61ST Street ti._, __ Port Arthur, Texas 77640 05/16/2024 BRW Project No.: 222105.00 The Construction Documents for the above referenced project dated April 22, 2024 shall be amended as follows: CLARIFICATIONS Item No. 1.1 Can Siemens be an approved equal for the addressable Fire Alarm? - Follow Substitution requirements listed in the specifications for formally requesting a substation. Item No. 1.2 Power Pole Relocation and Power Line Raising - Provide Allowance of $25,000 for the Power Pole Relocation and Power Line Raising. This allowance is to encompass coordination with utilities, construction and mobility on the site and all fees associated with this item. Item No. 1.3 What is the estimated budget for this project? - The estimated budget for this project is $11,500,000.00. Item No. 1.4 Will there be a Contingency on this project? - Yes. Please provide a contingency amount of $600,000 for this project. Item No. 1.5 Will water tap fees be waived? - Per the City, there is no fee for the water meter. There will be a fee for the water taps. The City did suggest that the contractor can have a licensed plumber install the taps for no fee, provided the City crew would have to monitor. Item No. 1.6 Will Construction Materials Testing be in the Contractor's or Owner's scope? - Construction Materials Testing shall be in the Contractor's scope to provide these services. SPECIFICATIONS Item No. 1.7 BID SUMMAR,1(..... - See attached.841hiFiuia.k,to fill out with you bid. Pdf and Excel files types have been prov!..d , • "' "• QZ~ v F 1. \` Item No. 1.8 BRI F - ° ;Cifil4ATION - See attached:sgeataioe 46n 11 22 1 3.1 3 Bridge Crane for the project. 1 ADDENDUM NO. 2 Port Arthur Fire Station No. 3 ATTACHMENTS Addendum Cover Sheet Bid Summary_Port Arthur Fire Station No. 3 11 22 1 3.1 3 Bridge Crane END OF ADDENDUM NO. 2 * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 , Fj � • ;1 � May 16, 2024 3 L ,r / Page 2 of 2 onj '` -CITY OF PORT ARTHUR,TEXAS o /1410 nrt rtkur "`"- ADDENDUM NO. r 1,0 May 25, 2024 BID FOR: CONSTRUCTION OF FIRE STATION #3 BID#24-038 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, June 5, 2024. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,June 5,2024 in the City Council Chambers, City Hall, 5t" Floor, Port Arthur,TX. You are invited to attend. 2. Attached is the excel file for the Bid Schedule. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDS I? ••MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. �, .... S0 Clifton Williams n } Purchasing Manager111 .7) \\LOA\ANAA 6-12-24 Signature of Proposer """ Date J.W. Garrett & Son, Inc. d/b/a G&G Enterprises Construction Corp. Company Vendor Name C,,,of -CITY OF PORT ARTHUR,TEXAS nrl rfkur — ADDENDUM NO.FOUR(4) re ray May 30,2024 BID FOR: CONSTRUCTION OF FIRE STATION#3 BID #24-038 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday,June 12, 2024. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m.on Wednesday,June 12,2024 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. 2. Addendum 2 dated May 25,2024 is actually Addendum#3. 3. Attached are some amendments. 4. Attached is the Power Line Elevation. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ;4;07...f ce Cli'�n Williams :�`• Purchasing Manager 1. '1 ,4 6-12-24 Signature o Propo er Date g p '••.uumun� J.W. Garrett & Son, Inc. d/b/a G&G Enterprises Construction Corp. Company Vendor Name ADDENDUM NO. 4 May 29, 2024 CITY OF PORT ARTHUR FIRE STATION NO. 3 2385 61 ST Street Port Arthur, Texas 77640 BRW Project No.: 222105.00 The Construction Documents for the above referenced project dated April 22, 2024 shall be amended as follows: CLARIFICATIONS Item No. 1.1 What do the Keynote Designations Refer to? - The first three digits of the keynote will direct you to specification sections. I.E. Keynote 1010.13 LED BACKLIT SIGNAGE references you to 101419.00 DIMENSIONAL LETTER SIGNAGE. Item No. 1.2 What is the basis of design style for the fencing? - Provide Passport II in Magestic Style. Item No. 1.3 What floor finish is desired for Kitchen 1 26? - Please disregard the reference to CT5 in Kitchen 1 26. CT5 is only located in the apparatus bay. Kitchen 126 flooring shall be LVT1. Item No. 1.4 Stairs call for LVT. Is a nosing required or do you want rubber treat and risers on the stairs? - Yes, stairs are to be LVT. Please provide Schluter Vinpro Step in color brushed chrome anodized. Item No. 1.5 Please provide clarification on the Coiling Door Model/Style as well as the locking system for the coiling door. - See revised specification attached. Item No. 1.6 Spec Section 10 14 23.16A does not exist. The Spec seems to be from another project. Will there be updated specs for this division? - Please see attached updated specification section 10 14 23.16 which removes references to 10 14 23.1 6A. Item No. 1.7 It appears that..spec sections 098100 and 321723 are missing. Please advise and provide as nec4st�ar .&"''•*.., - Please see st%ched'•s 4 tion sections. i f S ' ^ , /N , f ADDENDUM NO. 4 Port Arthur Fire Station No. 3 Item No. 1.8 Will Utility Company charges such as tap fees and the relocation of the existing power pole be covered by the city or do these need to be included in our proposal? - There will be a fee for the water taps. The City did suggest that the contractor can have a licensed plumber install the taps for no fee, provided the City crew would have to monitor. As for the power pole relocation, there has been a Item No. 1.9 Where is the location of the Electrical Utility Companies metering equipment (Ct/Meter can) - See updated sheet E3.01 Site Plan — Electrical. Item No. 1.10 Where is the location of the power that will be feeding the primary side of the utility transformer? - See updated sheet E3.01 Site Plan — Electrical. Item No. 1.11 What size conduit(s) are required for the primary side of the utility transformer? - See updated sheet E3.01 Site Plan — Electrical. Item No. 1.12 Where is the location of the Fire Pump Controller? - See drawing 1/FP 1.1 on sheet FP 1 .2. Item No. 1.13 Please provide clarification: for Coiling Door Model / Style. Door Schedule: References openings 130B; 1 41 B; & 1 51 B - as coiling doors - door type consistent with coiling. Door Specs: Basis of design as Model 429, Overhead Door Corporation Insulated Sectional door. Specs state locking - consistent with coiling door locking? - See revised specification attached. Item No. 1.14 In the spec's they are calling for the fire system to have voice evac and the Construction Group or Occupancy does not require the bldg. to have voice evac. Can we remove the voice evac part of the specs and submit just a fire alarm per city/state code?? NFPA 101 w/sprinkler system. This will save quite a bit of money. - Section 2831 1 1 — Addressable Fire Alarm System requires general occupant notification using fire alarm horns and strobes. See subsections 1.05.C.2, 1.06.D.3 and 2.10. Item No. 1.15 The specs are calling for one pull station at the front entrance but the PA Fire Marshal might want more than that in the building. - The drawings have made it through permitting review including the Fire Marshal's office. This was requested by the client to only have one in the public area. Item No. 1.16 With Memorial Day being May 27th would there be any consideration in pushing the bid date to allow more time to get our bids together? - Reference Ad ktr-No. 3 with the revised date of June 5 the deadline. • F Item No. 1.17 e Spe<itf► 'ten itline the City of Port Arthur provided contract agreement, general con4liBons7b- • ppldrer tal general conditions. The specifications later list the May 29, 2024 't ' ' srPage 2 of 5 *�N f r ADDENDUM NO. 4 Port Arthur Fire Station No. 3 architect provided AIA Al 01 -201 4 Contract and AIA A201 -2017 General Conditions. Which document will be used if awarded this project? - The City of Port Arthur contract documents will be used. Item No. 1.18 The specifications include the City of Port Arthur provided bid form, and later the architect provided bid form and architect provided Unit Prices Form. Which of the above forms will be used at bid time? - The City of Port Arthur bid form is to be used and provide a completed Unit Prices Form. Item No. 1.19 Are the captains' bathrooms and bedrooms the only areas that receive any kind of quartz countertops? What about the kitchen, bathrooms, bedrooms, and offices? - Please reference interior elevations of bid drawings (A5.1, A5.2, and A5.3), and millwork details (A5.4 and A5.5). All forementioned rooms (kitchen, bathrooms, bedrooms, and offices) have quartz countertops. Item No. 1.20 Tile size not provided for either Ceramic Floor Tile, or Glass Accent Tile. - Floor tile will be Haut Monde Empire Black HM06 2"x 2" and the glass tile is Cascading Waters Cerulean Swell CW45 1" x 4". Item No. 1.21 Interior Elevation views are not sufficient for bathroom tile quantities. A request was made to add elevations or clarify whether to match existing elevations. - See updated sheets that show additional elevations. Item No. 1.22 Are the washer/dryers shown in the documents under Division 113013 for residential appliances or under division 112300 for commercial laundry and dry cleaning. - Please reference keynotes which instruct you to which specification to utilize. Regarding washers, dyers, and gear extractors, for specification section 112300, reference keynotes 1120.06 and 1 1 20.07, and for specification section 1 1 301 3, reference keynotes 1130.06 and 1130.07. Item No. 1.23 Is there anyway we can get a better topographic survey for the property? - Please see attached topographic survey. Item No. 1.24 Please provide benchmark information. - Please see attached topographic survey. Item No. 1.25 There are not hardware sets listed on the Door Schedule and the Hardware Specifications do not note which doors get the hardware groups listed. Please clarify. - Please see attached door hardware listed on sheet A4.1 Door Schedule and Door Types. ,:•'""..i.'( &"'•~... s4e May 29, 2024 i i ,41111 r ! Page 3 of 5 ADDENDUM NO. 4 Port Arthur Fire Station No. 3 Item No. 1.26 There is no specification for the alerting system, only a drawing A6.4. Can a specification be provided with approved installers of the alerting system? - The alerting system is owner provided. The electrical contractor is to provide back- boxes, and conduits with pull-strings for fully functioning alerting system. See also updated general notes. Item No. 1.27 No placement for cameras on the plans. Where will these be located? - See revised plan A6.4 for location of cameras and updated general notes. Item No. 1.28 The door access is marked but some departments have a preferred system they use. Is there a preferred system? - The door access card readers will be owner provided by their vendor. Item No. 1.29 There were not any wireless access points marked on the plans. Is this an oversight or intentional? - See updated sheet E2.01 Floor Plan — Power & Auxiliary Systems. Item No. 1.30 Request to approve "Babymedi" (Item No. CP001 6HCS) as an approved equal for changing tables. - This is not equal product and is not an approved substation. Item No. 1.31 Spec section 10 44 16 has requirements for Knox Boxes and an AED. However, these items are not reflected on the plans. Can we confirm that these items are required and a quantity of each? - Located items have been shown on G1.4 Code Compliance Plan attached. - Locate Knox Box at motorized gate, front entry to the station, and side entry to the outbuilding. - Locate AED in lobby outside of Treatment Room. Item No. 1.32 Is that a specification for tag 1050.20 Combustible Storage Cabinet? - This will be owner provided. Item No. 1.33 Is that a specification for tag 1120.09 Compressor, Fill Station, and Bottle Storage All-in-one Cabinet? - Please see Specification Section 11 99 00 — Self Contained Breathing Apparatus (SCBA) Compressor in the bid documents. Item No. 1.34 Tag 1020.08 is for wire mesh partition with a gate. The only occurrence of this tag that we have found is on 5/A1.3 at the Decon Bathroom. Is this correct? Also, we have not 4 been able to locate a specification for this mesh partition. - That keynote is to be 1020.1 8 — Stainless Steel 1 1/2" Diameter Grab Bar (C-Shaped). Disregard reference to mesh partition. ATTACHMENTS Topographic Suryev.iggtid0 O8/2023 G1.4 Code Corrg'l)ance rf Al .3 Floor PIc}n -i; i &tEA rged Plan May 29, 2024 i • J+ ::,r . Page 4 of 5 ADDENDUM NO. 4 Port Arthur Fire Station No. 3 A4.1 Door Schedule & Door Types A5.1 Interior Elevations A5.2 Interior Elevations A6.4 Alerting Plans E2,01 Floor Plan — Power & Auxiliary Systems E3.01 Site Plan - Electrical 4 08 33 23 Overhead Coiling Doors 09 81 00 Acoustical Insulation 10 14 23.16 Room Identification Panel Signage 32 17 23 Pavement Markings END OF ADDENDUM NO. 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 111 fPQ/ &S .. .. Z f ' 4. •May 29, 2024 %.A \`� /`://^J Page 5 of 5 t y ' Cm -CITY OF PORT ARTHUR,TEXT.,,2rt r�Iru ADDENDUM NO. FIVE (5) May 30, 2024 BID FOR: CONSTRUCTION OF FIRE STATION #3 BID#24-038 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the clarification of VRF System. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 'I7 i,.- SON\ Cli n Williams2\ = •_/ Purchasing Manager `. Ntu4A/a\4/1 `` iAlA\\\. f Signature of Proposer • J.W. Garrett & Son, Inc. d/b/a G&G Enterprises Construction Corp. * 'j Date Company Vendor Name ADDENDUM NO. 5 May 30, 2024 CITY OF PORT ARTHUR FIRE STATION NO. 3 2385 61 ST Street Port Arthur, Texas 77640 BRW Project No.: 222105.00 The Construction Documents for the above referenced project dated April 22, 2024 shall be amended as follows: CLARIFICATIONS Item No. 1.1 An error was discovered on the scheduled data for the VRF System. Initially the outside unit (accu-2) was scheduled as a 1 4Ton. This unit should be a 1 6Ton. Please reference attachment—"M5.01 Addendum 5." ATTACHMENTS Addendum Cover Sheet M5.01_Addendum 5 END OF ADDENDUM NO. 5 " * * * * * * * " * * * * * * * * * * * * * * * * * * * �'r 12i P.R. No. 23855 7/18/24 rlh EXHIBIT "C" CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Construction of CONSTRUCTION OF FIRE STATION #3 To Serve The CITY OF PORT ARTHUR PORT ARTHUR,TEXAS P24-038 (Non-Federally Funded Project) TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID E. BID BOND F. GENERAL CONDITIONS G. SUPPLEMENTAL GENERAL CONDITIONS H. PAYMENT BOND I. PERFORMANCE BOND J. NOTICE OF AWARD K. NOTICE TO PROCEED L. INSURANCE M. QUALIFICATION STATEMENT N. NON-COLLUSION AFFIDAVIT O. AFFIDAVIT P. CONFLICT OF INTEREST Q. SB 252 CHAPTER 2252 CERTIFICATION R. HOUSE BILL 89 VERIFICATION S. TECHNICAL SPECIFICATIONS Page 1 of I 4 SECTION A CONSTRUCTION CONTRACT AGREEMENT CONSTRUCTION CONTRACT AGREEMENT [Non-Federally Funded Projects] THIS AGREEMENT, made this _ day of August,2024, by and between the CITY OF PORT ARTHUR a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER", and G&G Enterprise Construction Corp., herein acting by , 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: I. The CONTRACTOR will commence and complete the construction of Fire Station #3 2. The CONTRACTOR will furnish at his own expense all 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 the Work described in the Contract Documents and comply with the terms therein for the not to exceed sum of $9,258,000.00. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Supplemental General Conditions (H) Payment Bond (I) Performance Bond (J) Notice of Award (K) Notice to Proceed (L) Insurance (M) Qualification Statement (N) Non-Collusion Affidavit (0) Affidavit A-1 (P) Conflict of Interest (Q) SB 252 Chapter 2252 Certification (R) House Bill 89 Verification Preliminary Engineering Report prepared by BRW Architects Addenda: dated 2024 No. 1 dated May 13,2024 No.2 dated May 16,2024 No.3 dated May 25,2024 No. 4 and 5 dated May 30,2024 6. The OWNER wilt pay to the CONTRACTOR in the manner and at such times as set forth 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. APPROVED IN FORM: OWNER: CONTRACTOR: OWNER: CITY OF PORT ARTHIIR G & G Enterprise Construction Corp BY NAME BY NAME — -- ADDRESS(N) Scope of Work prepared or issued by BRW Architects TITLE (0) [CORPORATE SEAL] (SEAL] ATTEST: ATTEST: NAME: NAME; A-2 SECTION B ADVERTISEMENT FOR BIDS P CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, May 29, 2024 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, May 29, 2024 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: CONSTRUCTION OF FIRE STATION #3 Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR TUESDAY, MAY 14, 2024 AT 2:00 P.M.AT CITY HALL LOCATED AT 444 4TH STREET,PORT ARTHUR,TEXAS Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. (H IV 11}G, Clittigh Williams Purchasing Manager FIRST PUBLICATION: May 4,2024 SECOND PUBLICATION: May 11,2024 SECTION C INFORMATION TO BIDDERS INFORMATION TO BIDDERS The following instructions are applicable to the Contract, in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items (if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent ( 5%) Check or Cashier's Check payable without recourse to the CITY OF PORT ARTHUR, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60) days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference C-1 between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two (2) remaining unsuccessful Bidders will be returned; that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal 1 Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR,for any excess cost to the OWNER over his bid amount. Further,the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR, as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR, for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within ten (10) days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER,withdraw his signed Agreement. 3. BONDS The following bonds, each in the amount of one hundred percent (100%) of the Contract price, will be required in accordance with State law as follows: a (1) PAYMENT BOND for any contract in excess of Fifty Thousand Dollars ($50,000.00); and (2) a PERFORMANCE BOND for any contract in excess of One Hundred Thousand Dollars ($100,000.00). 4. NOTICE TO PROCEED Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reason(s) why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the ten (10) day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. C-2 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or Certificate of Insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or Certificate of Insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the CITY OF PORT ARTHUR, Arceneaux Wilson & Cole LLC, its Officers, Agents & Employees). (City and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference.) 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and CITY OF PORT ARTHUR and Arceneaux Wilson & Cole LLC, its Officers, Agents, and Employees must be named as an additional Insured. a. Bodily Injury $500,000 single limit per occurrence, or $500,000 each person/$500,000 per occurrence for contracts of $100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence or $1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of $1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of $2,000,000 for contracts in excess of$100,000. 3. Comprehensive Automobile Liability(incl uding owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. C-3 b. If individual limits are provided, minimum limits are $300,000 per person,$500,000 per occurrence for bodily injury, and $100,000 per occurrence for property damage. C-4 PREAMBLE TO RULE 110.110 The Texas Worker's Compensation Commission adopts new § 110.10, concerning requirements for governmental entities awarding a contract for a building or construction project, and for persons providing services on a building or construction project for a governmental entity. The new rule is adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas Register (19 TexReg 3131). Subsection (a)(7) and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(F) and (c)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity that workers' compensation coverage is provided. Subsections (d)(8)(C) and (c)(8)(C) were added to require specific language regarding representations of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (c)(6), and (c)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year. Subsection (g)was changed to state that this rule applies to contract advertised for bid after September 1,1994, rather than awarded after September 1,1994. The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The commission is aware that this statutory requirement is not being met,and this rule is designed to achieve compliance and to implement a record keeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage,certificates of coverage, posted notices of coverage, and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rules defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building land construction projects to follow in complying with the requirements of the Texas Labor Code,§406.096. It also defines persons who provide services on a project who are subject to the statutory requirement of coverage, and sets forth their requirements to comply with the statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage,or failing to provide or maintain required coverage,or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties,civil penalties,or other civil actions. The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to the commission upon request and to others entitled to them by law. It also requires the governmental entity as a prerequisite to awarding a contract, and as part of the contract, to require that the contractor provide coverage and certificates of coverage for the contractor's employees; timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project; retain certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 C-5 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method for obtaining the certificates from persons providing services on the project and providing them to the governmental entity. It requires a contractor awarded a building or construction contract to provide workers' compensation coverage to the contractors employees for the duration of the project;file a certificate of coverage of the contractor's employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity, certificates of coverage from each other person with whom it has contract to provide services on the project, prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project; retain all certificates of coverage for the duration of the project and for one year thereafter, notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage;and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor, with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project. The rule uses the term "persons providing services on the project; in lieu of the statutory term "subcontractor because the term "subcontractor" as used in the statue (§406.096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096, which establishes requirements for governmental entities, contractors, and subcontractors ("persons providing services on the project") regarding workers' compensation coverage for workers on public building or construction projects. Rule 110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities. (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined the Texas Labor Code, if so defined. (1) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. C-6 (2) Building or construction - has the meaning defined in the Texas Labor Code, §406.096(e)(I). (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Worker's compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - A written agreement on form TWCC-81, form TWCC-82, form TWCC083, or form TWCC-84, filed with the Texas Workers' Compensation Commission with establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" In §406.096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators,employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the Insured who are providing services on the project are covered by workers' compensation coverage, that the coverage if based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties,or other civil actions. C-7 (c) A governmental entity that enters into a building or construction contract on a project shall: (1) Include in the bid specifications, all the provisions of subsection (d) of this rule, using the language required by paragraph (7)of this subsection; (2) As part of the contracts, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this rule; (3) Obtain from the contractor a certificate of coverage for each person providing services of the project, prior to that person beginning work on the project; (4) Obtain from the contractor a new certificate of coverage showing extension of coverage; (A) Before the end of the current coverage period, if the contractors current certificate of coverage shows that the coverage period ends during the duration of the project,and (B) No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) Retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) Provide a copy of the certificates of coverage to the commission upon request and to any person entitle to them by law; and, (7) Use the following language for bid specifications and contracts,without any additional works or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation in Figure 1: (Figures 1) Article . Worker's Compensation Insurance Coverage. A. Definitions: Certificate of coverage ('certificate'). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. C-8 Duration of the project-includes the time from the beginning of the work on the project until the contractor's/persons work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in §406.095)includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors,subcontractors, leasing companies,motor carriers, owner-operators employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401,011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity. (1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project-and, (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage (if the coverage period shown on the current certificate of coverage ends during the duration of the project. C-9 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually required each person with whom it contracts to provide services on a project, to: (1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which means the statutory requirements of Texas Labor Code,Section 401011(44)for all of its employees providing services on the project, for the duration of the project. (2) Provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for they duration of the project. (3) Provide the contractor, prior to the end of the coverage period a new certificate of coverage showing extension of coverage,(if the coverage period shown on the current certificate of coverage and during the duration of the project (4) Obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. C-10 (6) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (7) Contractually require each person with whom it contracts, to perform as required by paragraphs (9) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental (d) A contractor shall: (9) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage showing workers'compensation coverage to the governmental entity prior to beginning work on the project; (3) Provide the governmental entity,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) Obtain from each person providing services on a project, and provide to the governmental entity. (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of C-11 coverage showing coverage for all persons providing services on the project;and, (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage code during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional works or changes' (Figure 2) REQUIRED WORKER'S COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at 512-440-3789 to received information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."and (8) Contractually require each person with whom it contracts to provide services on a project, to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; C-12 (B) Provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) Include in all contracts to provide services on the project the language in subsection(o)(3)of this rule; (D) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) Obtain from each other person with whom it contracts, and provide to the contractor; (I) a certificate of coverage, prior to the other person beginning work on the project;and (II) prior to the end of the coverage period a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (F) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and, (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor,shall: (1) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage as required by its contract to provide services on the project,prior to beginning work on the project; (3) Have the following language in its contract to provide services on the project. "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the C-13 governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. (4) Provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project: (5) Obtain from each person providing services on a project under contract to it, and provide as required by its contract. (A) A certificate of coverage,prior to the other person beginning work on the project;and (B) Prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (6) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) Notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provisions of coverage of any person providing services on the project and sent the notice within 10 days after the person knew or should have known of the change;and (8) Contractually require each other person with whom it contracts to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) Provide a certificate of coverage to it prior to that other person beginning work on the project. (C) Include in all contracts to provide services on the project the language in subsection(e)(3)of this rule; (D) Provide, prior to the end of coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage C-14 period shown on the current certificate of coverage ends during the duration of the project (E) Obtain from each other person under contract to it to provide services on the project,and provide as required by its contract (i) a certificate of coverage, prior to the other person beginning work on the project;and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the contract. (F) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to the provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be sever able. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. Effective Date:September 1, 1994 C-15 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date,job number and location; 5. All-Risk Builder's Risk of the non-reporting type (NOT REQUIRED for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required (including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid Certificate of Insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans,Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to: (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; C-16 (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or intdrpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code (Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the CITY OF PORT ARTHUR, and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for: (1) non-consumable materials and equipment that are permanently incorporated into the project; and, (2) charges for skill, labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the CITY OF PORT ARTHUR, project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the CITY OF PORT ARTHUR,. C-17 The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non- Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning,the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids,the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. C-18 A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted,without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Ten percent (10%) {five percent (5%) if the total contract exceeds Twenty-five Thousand Dollars [S25,000]} of the amount of each periodic progress payment shall be retained by OWNER until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available C-19 information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. PRE-BID CONFERENCE A NON MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the CITY OF PORT ARTHUR, Texas and prospective bidders will be held on September 21, 2023 at, 2:00 PM, at 5th Floor Council Chambers, 444 4111 Street, Port Arthur, Texas. The purpose of the NON MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents C-20 SECTION D BID BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR,TEXAS 77640 Proposal of J.W. Garrett & Son, Inc. (hereinafter called "BIDDER"), organized and existing under the laws of the State of Texas doing business a3&G Enterprises Construction Corpand acting by and through a corporation to the CITY OF PORT ARTHUR, Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of Fire Station #3, in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within?)tp 6 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of$500 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 51 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: Addenda 1-5 *Insert "a corporation," "a partnership," or "an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: hint/ tY1\ On t\)O hunAteb F j l I thousand donors D-1 CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: CONSTRUCTION OF FIRE STATION #3 BID DUE DATE: MAY 29,2024 ITEM# DESCRIPTION DAYS TOTAL COST 1 CONSTRUCTION OF FIRE (1)U $ tbi 000 STATION#3 a J.W. Garrett& Son, Inc.d/b/a G&G Enterprises Construction Corp. 501 Procter Street Ste#322 COMPANY NAME STREET ADDRESS �1 T •••... N/A S GN TU OF I DERP f•••,, ., P.O. BOX (.1 • ti Z Natasha Garrett 77640 ,3 f +� r1;Port Arthur TX PRINT OR TYPE NAME v , !CITY STATE ZIP CEO """""' 409 833-5465 TITLE AREA CODE TELEPHONE NO natasha@gandgenterprises.com 409-883-9132 EMAIL FAX NO. 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LtA w Z N M V N o-, N O O O O O O O O O 0 0 0 0 Z O 0 0 O C O -0 ,a O W-0 '0 Q M M .- Q N N N N N N N M M p Z N N N N r N Vaj N co co M y co M M M CO M M Cl Cl O W V Ucc 2 a. LY = Fe r V F u c t- 1.1. W W 0Lai CCX ~ ` I- W44 0 W W 7 S E Z (V N an N 1") N to M QE 0 Z Z z z z Z to U 0 0 0 0 0 0 W N N N_ N VI N_ a. m 0 0 0 0 0 0 w 2 E 4.0, ® _ _ ce g)LU 2 _C IC u e ...., .... cy z. ,..0 o \ to - 0 Z * 4 ■ ( IA b K0. § x . ° k o y ZS a. , 4 k ° 0 , t - § : : § - § } 0 ± t o / \ 01 a 2 ... o z 2 2 % ! = CD >- ir 1- $ \ k ( k \ k a § 0 > ul a7 # 0 CO SECTION 004322 - UNIT PRICES FORM PART 1 - GENERAL 1.01 BED INFORMATION A. Bidder: G&G Enterprises Construction Corp. B. Project Name: Port Arthur Fire Station No. 3. C. Project Location: 2375 61"Street, Port Arhtur,Texas 77640. D. Owner: City of Port Arthur. E. Architect: Brown Reynolds Watford Architects, Inc. F. Architect Project Number: 222105.00 1.02 BID FORM SUPPLEMENT A. This form is required to be attached to the Bid Form. B. The undersigned Bidder proposes the amounts below be added to the Contract Sum on performance and measurement of the individual items of Work and for adjustment of the quantity given in the Unit-Price Allowance for the actual measurement of individual items of the Work. C. If the unit price does not affect the Work of this Contract, the Bidder shall indicate "NOT APPLICABLE." 1.03 UNIT PRICES A. Unit-Price No. 1: Removal of unsatisfactory soil and replacement with satisfactory soil material. 1. Fourty-Five Dollars & zero cents dollars($ 4 5 . 00 )per unit. CY B. Unit-Price No. 2: Rock excavation and replacement with satisfactory soil material. I. Fifty Dollars & zero cents dollars($ 50 . 00 )per unit. CY C. Unit-Price No.4: Miscellaneous and structural steel. L Five Thousand Two Hundred Dollars dollars($ 5, 200 )per unit. TON 1.04 SUBMISSION OF BID SUPPLEMENT A. Respectfully submitted this 12 day of June , 2024. B. Submitted By: G&G Enterprises Construction Corp. (Insert name of bidding firm or corporation). C. Authorized Signature: AAAltt (Handwritten signature). D. Signed By: Natasha Garrett (Type or print name). E. Title: Owner/CEO (Owner/Partner/PresidentNice President). PORT ARTHUR FIRE STATION NO.3 004322 APRIL 22,2024 UNIT PRICES FORM SECTION E BID BOND THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE J.W. Garrett&Son, Inc. dba G&G Enterprises Construction Corp. 3260 Eastex Freeway, Beaumont, TX 77703 as Principal, hereinafter called the Principal, and Continental Casualty Company 151 N. Franklin Street, Chicago, IL 60606 a corporation duly organized under the laws of the State of IL as Surety,hereinafter called the Surety, are held and firmly bound unto CITY OF PORT ARTHUR as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($ 5% G.A.B. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for NEW CONSTRUCTION -CITY FIRE STATION, PROJECT NO. 24-038 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null ar)d•ylot ierwjse to remain in full force and effect, / ..` ' i Signed and sealed this 12th r g day of June f�� � ,�24 :t • f fr1i 4,qtytilAi k 10101 I J.W.Garrett&Son, Inc.dba G&G EnterpriAe• s COsti iirk,•r Ad:ci• aki V (Principe!) r ti•. Seart (Witness) \ , , y ` * 0 By�U ii�,1-'�'1t /t l \{,ij.AVLtt .................•. �4P4 CABugi�k� Continent (G�asualty Company _ oaPc.flArE' o / n / urety) z a(Sea!) t �( !mess) U SEAL By: Attorney i ct Reb cca Garza 1897 ( e) Sur ty Phone No. Ala DOCUMENT A310•BID BOND•AIA•FEBRUARY 70 ' .•THE AMERICAN INSTITUTE OF ARC'IIITECTS,1735 N.V.AVE.,N.W.,W. NCTON,D.C.20006 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNL r-IN-FACT Know All Men By These Presents,That Continental Casualty Company.an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania.a Pennsylvania insurance company(herein called"the CNA Companies").are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Rebecca Garza ,Individually of The Woodlands,TX their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign.seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- Surety Bond No: Bid Bond Principal:J.W.Garrett&Son,Inc.dba G&G Enterprises Construction Corp. Obligee: CITY OF PORT ARTHUR and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed below,duly adopted,as indicated,by the Boards of Directors of the insurance companies In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of January.2024. taSWtT Qv iN511,944 f ,.YhM.a! Continental Casualty Company s �:�.�� National Fire Insurance Company of Hartford ig Gpaeon vie b Q `.r ow e,.ccei rr American Casualty Company of Readin Penns4LVicePreside lvania Y 2 z C] L IUIY ii, M �V SEAL i i Ism I O et reel Htinn ° Larry Kasten " nt State of South Dakota.County of Minnehaha,ss: On this 9th day of January,2024,before me personally came Larry Kasten to me known,who,being by me duly sworn,did depose and say that he resides in the City of Sioux Falls.State of South Dakota;that he is a Vice President of Continental Casualty Company.an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies.that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. .,. My commission expires M.BENT(PV$OIlrH /rn DAIiOTA March 2.2026 M.Bent Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford.an Illinois insurance company,and American Casualty Company of Reading.Pennsylvania.a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Laws and Resolutions of the Board of Directors of the insurance companies printed below are still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 12th day of June ,2024. G �gtT wsuq M o. Continental Casualty Company L=~p szf ayrf .�°� °� National Fire Insurance Company of Hartford coa.oahrt 1 Q $t fA I i as American Casualty Company of Reading.Pennsylvania tY+ ; 0 SEAL 3 T 3 1K? i 'he • e' 1891 * )611111/"Plade ".... D.Johnson Assistant Secretary Authorizing By-Laws and Resolutions ADOP t tU BY THE BOARD OF DIRECTORS OF EACH OF CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HART FORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA(as defined above,the"CNA Companies")- This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of each of the above CNA Companies at a meeting held on May 12.1995: "RESOLVED: That any Senior or Group Vice President may authorize au officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Larry Kasten.Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of each of the CNA Companies. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of each of the above Companies by unanimous written consent dated the 25°day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies.bonds.undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of each of the above CNA Companies by unanimous written consent dated the 27th day of April.2022. "RESOLVED.That it us in the best interest of the Company to penodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or othewise electronic-formatted corporate seal,each to be considered the act and deed of the Company" Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Form F6853-612023 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. Bid Bond In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash — Floor 41 Chicago, IL 60604 Telephone: (312) 822-7330 Email: claims@cnasurety.com Form F6944 SECTION F GENERAL CONDITIONS GENERAL CONDITIONS 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 heretes 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. "Subcontractor": A person, firm or corporation supplying labor and materialar 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. e. "CITY": Refers to the CITY OF PORT ARTHUR. f. "ENGINEER": City of Port Arthur 3. TERMINATION OF CONTRACT 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 ten (10) 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, 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 liability to the for damages sustained by the CITY OF PORT ARTHUR by virtue F-1 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. 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. F-2 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 No member of the governing body of the CITY OF PORT ARTHUR, and no other Officer, Employee or Agent of the CITY OF PORT ARTHUR, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. 14. CERTIFICATES AND PERMITS F-3 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. 15. 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. 16. 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; F-4 each such schedule to be subject to change from time to time in accordance with the progress of the work. 17. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two (2) 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 (2) 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. 18. 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. 19. 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. 20. 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- F-5 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. 21. "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. 22. 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. F-6 c. 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. 23. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the CONTRACTOR all surveys necessary for the execution of the work. 24. 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. 25. 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.) 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS,AND ACCIDENT PREVENTION (a) Danger Signals and Safety Devices (Modify as Required): F-7 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. (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. 27. 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. 28. 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 alone 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. F-8 29. 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 (1) 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. 30. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat,orderly and workmanlike appearance; e. Before final payment to remove 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. 31. QUANTITIES OF ESTIMATE F-9 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. 32. LANDS 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. 33. 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. 34. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. 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 CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTORS. 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. 35. 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. F-10 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. 36. ARCHITECT/ENGINEER'S 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. 37. 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. 38. CONTRACT SECURITY If the Contract amount exceeds Fifty Thousand Dollars C$50,000.00], 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%) of the Contract price or in a penal sum not less 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. F-11 39. 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. 40. 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. 41. 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 or 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. 42. 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. 43. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay (a) for all transportation and utility services no later than the thirty (30) calendar days from the date of submission to the City of Port Arthur, (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 F-12 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. 44. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER: (a) a detailed estimate giving a complete breakdown of the Contract price; and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 45. 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 in the paragraph is subject to fluctuation due to the City Council's regular schedule of meeting on the second and forth Mondays of each month. The CONTRACTOR may alter his estimate period such as to give the Engineer ten (10) working days prior to the next scheduled City 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. F-13 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. 46. 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. 47. SUBSURFACE CONDITIONS FOUND DIFFERENT F-14 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 49 of the General Conditions. 48. 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 49(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. 49. 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, profit and any other general expenses. 50. 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 F-15 1 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. 51. 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 ensure 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 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: F-16 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 51(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in Subsections (a.) and (b.) of this Article. It is also agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4 calendar days added for each one (1) regular day of work lost). Fractional calendar days will be rounded to the nearest whole number of days. Provided, further, that the CONTRACTOR shall, within ten (10) days from the beginning of such delay, 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. 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. 52. WEATHER CONDITIONS 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 CONTRACTOR. 53. PROTECTION OF WORK AND PROPERTY- EMERGENCY F-17 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 49 of the General Conditions. 54. INSPECTION The authorized representatives and agents of the OWNER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 55. 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. 56. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds F-18 or programs for any type of fringe benefit prescribed in the applicable wage determination. 57. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 58. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination, and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the OWNER. 59. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. 60. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions, with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter. F-19 63. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. The CONTRACTOR and each Subcontractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the OWNER. Such representative shall be permitted to interview employees of the CONTRACTOR of any Subcontractors during working hours on the job. 64. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of material and supplies to or from the site of the project or program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons employed by the CONTRACTOR or by an Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which the wage provisions of this Contract are applicable. 65. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. 66. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these wage provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontractors which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 67. BREACH OF FOREGOING WAGE STANDARDS AND RATES PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontractor covers any of the F-20 work covered by this Contract, shall breach any of these wage standards and rates provisions. 68. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract,the CONTRACTOR agrees as follows: (a) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicant for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, color or national origin. (c) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the labor union or workers representative of the CONTRACTOR'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules and regulations and relevant orders of the Secretary of Labor. (e) The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government Contracts or federally-assisted construction Contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. F-2 1 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as otherwise provided by law. (g) The CONTRACTOR will include the provisions or Paragraphs (a) through (g) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or purchase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for non-compliance: provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the CONTRACTOR may request the United States to enter into litigation to protect the interests of the United States. 69. 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. 70. 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: 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. 71. 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 anyone of them for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. F-22 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. 72. A.I.A. GENERAL CONDITIONS The General Conditions of the Contract for Construction, A.I.A. Document A201, 1987 Edition, as amended by current edition, of the American Institute of Architects, consisting of fourteen (14) Articles, Pages numbered 1 through 19, is hereby made a part of the Contract Documents of this project. Such A.I.A. General Conditions are cumulative to these General Conditions, but where any provision of said A.I.A. General Conditions are inconsistent or in conflict with these General Conditions, then these General Conditions shall prevail. All references to arbitration in said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Further, Subdivisions 2.2.3 and 2.2.4 of said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Article 1.3 (Ownership and Use of Documents) of the A.I.A. General Conditions is hereby deleted. 73. 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 to provide information or material, if any,which is to be furnished by the CITY OF PORT ARTHUR,When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or 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; 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. 74. 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 F-23 law or by any applicable special guarantee required by the Contract Documents, and 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 15 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in Paragraph 15 as will arise under the laws of the State of Texas and such Paragraph 15 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 15. 75. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arises under the antitrust laws of the United States, 15 U.S.C.A.Sec.1, et seq. (1973). 76. FEDERAL LABOR STANDARDS PROVISIONS F-24 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work is performed. The wage determination work covered by his contract pertains is being (including any additional classification and wage assisted by the United States of America and the rates conformed under 29 CFR Part 5.5(a)(1)(ii) following Federal Labor Standards Provisions are and the Davis-Bacon poster (WH-1321) shall be included in this Contract pursuant to the posted at all times by the contractor and its sub- provisions applicable to such Federal assistance. contractors at the site of the work in a prominent and accessible, place where it can be easily seen A. 1.(i)Minimum Wages. All laborers and by the workers. mechanics employed or working upon the site of the work(or under the United States Housing Act (II) (a) Any class of laborers or mechanics of 1937 or under the Housing Act of 1949 in the which is construction or development of the project),will not listed in the wage determination and which is be paid unconditionally and not less often than to be employed under the contract shall be once a week, and without subsequent deduction classified in conformance with the wage or rebate on any account (except such payroll determination. HUD shall approve an additional deductions as are permitted by regulations classification and wage rate and fringe benefits issued by the Secretary of Labor under the therefore only when the following criteria have Copeland Act.(29 CFR Part 3),the full amount of been met: wages and bona fide fringe benefits (or cash equivalents thereof @ due at time of payment (1) The work to be performed by the computed at rates not less than those contained classification in the wage determination of the Secretary of requested is not performed by a classification in Labor which is attached hereto and made a part the wage determination;and thereof, regardless of any contractual relationship which may be alleged to exist (2) The classification is utilized in the area by the between the contractor and such laborers and construction industry;and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe (3) The proposed wage rate, including any bona fide benefits under Section 1(b)(2) of the Davis fringe benefits,bears a reasonable relationship to Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or the wage rates contained in the wage mechanics, subject to the provisions of 29 CFR- determination. 5.5(a)(1)(iv); also, regular contributions made or (b) If the contractor and the laborers and costs incurred for more than a weekly period(but mechanics to be not less often than quarterly) under plans,funds, employed in the classification (if known),or their or programs, which cover the particular weekly representatives, and HUD or its designee agree period,are deemed to be constructively made or on the classification and wage rate(including the incurred during such weekly period. amount designated for fringe benefits where appropriate),a report of the action taken shall be Such laborers and mechanics shall be paid the sent by HUD or its designee to the Administrator appropriate wage rate and fringe benefits on the of the Wage and Hour Division, Employment wage determination for the classification of work Standards Administration, U.S. Department of actually performed without regard to skill,except Labor , Washington, D.C. 20210. The as provided in 29 CFR Part 5.5(a)(4). Laborers or Administrator, or an authorized representative, mechanics performing work in more than one will approve, modify, or disapprove every classification may be compensated at the rate additional classification action within 30 days of specified for each classification for the time receipt and so advise HUD or its designee or will actually worked therein: Provided, that the notify HUD or its designee within the 30-day employer's payroll records accurately set forth period that additional time is necessary. the time spent in each classification in which (Approved by the Office of Management and F-25 Budget under OMB control number 1215-0140.) 2. Withholding. HUD or its designee shall upon (c) In the event the contractor, the laborers or its own mechanics action or upon written request of an authorized to be employed in the classification or their representative of the Department of Labor representatives, and HUD or its designee do not withhold or cause to be withheld from the agree on the proposed classification and wage contractor under this contract or any other rate(including the amount designated for fringe Federal contract with the same prime contractor, benefits,where appropriate),HUD or its designee or any other Federally-assisted contract subject shall refer the questions,including the views of all to Davis-Bacon prevailing wage requirements, interested parties and the recommendation of which is held by the same prime contractor so HUD or its designee, to the Administrator for much of the accrued payments or advances as determination. The Administrator, or an may be considered necessary to pay laborers and authorized representative, will issue a mechanics, including apprentices, trainees and determination within 30 days of receipt and so helpers, employed by the contractor or any advise HUD or its designee or will notify HUD or subcontractor the full amount of wages required its designee within the 30-day period that by the contractor in the event of failure to pay additional time is necessary. (Approved by the any laborer or mechanic, including any Office of Management and Budget under OMB apprentice, trainee or helper, employed or Control Number 1215-0140.) working on the site of the work (or under the United States Housing Act of 1937 or under the (d) The Wage rate (including fringe benefits Housing Act of 1949 in the construction or where development of the project), all or part of the appropriate) determined pursuant to wages required by the contract, HUD or its subparagraphs (1)(b) or (c) of this paragraph, designee may, after written notice to the shall be paid to all workers performing work in contractor, sponsor, applicant, or owner, take the classification under this contract from the such action as may be necessary to cause the first day on which work is performed in the suspension of any further payment, advance, or classification. guarantee of funds until such violations have ceased. HUD or its designee may, after written (III) Whenever the minimum wage rate notice to the contractor, disburse such amounts prescribed withheld for and on account of the contractor or In the contract for a class of laborers or subcontractor to the respective employees to mechanics includes whom they are due. The Comptroller General a fringe benefit which is not expressed as an shall make such disbursements in the case of hourly rate, the contractor shall either pay the direct Davis-Bacon Act contracts. benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an 3. (i) Payrolls and basic records. Payrolls and hourly cash equivalent thereof. basic records relating thereto shall be maintained by the contractor during the course of the work (iv) If the contractor does not make preserved for a period of three years thereafter payments to a for all laborers and mechanics working at the site trustee or other third person,the contractor may consider as part of the wages of any laborer or of the work(or under the United States Housing mechanic the amount of any costs reasonably Act of 1937,or under the Housing Act.Of 1949,in anticipated in providing bona fide fringe benefits the construction or development of the project). under a plan or program, Provided, That the Such records shall contain the name,address,and Secretary of Labor has found, upon the written social security number of each such worker,his or request of the contractor, that the applicable her correct classification, hourly rates of wages standards of the Davis Bacon Act have been met. paid (including rates of contribution or costs The Secretary of Labor may require the anticipated for bona fide fringe benefits or cash contractor to set aside in a separate account equivalents thereof of the types described in assets for the meeting of obligations under the Section (b)(2)(B) of the Davis bacon Act), daily plan or program. (Approved by the Office of and weekly number of hours worked,deductions Management and Budget under OMB Control made and actual wages paid. Whenever the Number 1215-0140.) Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or F-26 mechanic include the amount of any costs that such information is correct and complete; reasonably anticipated in providing benefits under a plan or program described in Section (2) That each laborer or mechanic (including 1(b)(2)(B)of the Davis-Bacon Act,the contractor each helper, apprentice, and trainee) employed shall maintain records which show that the on the contract during the payroll period has commitment to provide such benefits is been paid the full weekly wages earned, without enforceable, that the plan or program is rebate, either directly or indirectly, and that no financially responsible, and that the plan or deductions have been made either directly or program has been communicated in writing to indirectly from the full wages earned, other than the laborers or mechanics affected, and records permissible deductions as set forth in 29 CFR which show the costs anticipated or the actual Part 3; cost incurred in providing such benefits. Contractors employing apprentices or trainees (3) That each laborer or mechanic has been under approved programs shall maintain written paid not less than the applicable wage rates and evidence of the registration of apprenticeship fringe benefits or cash equivalents for the programs and certification of trainee programs, classification of work performed, as specified in the registration of the apprentices and trainees, the applicable wage determination incorporated and the ratios and wage rates described in the into the contract. applicable programs. (Approved by the Office of Management and Budget under OMB Control © The weekly submission of a properly Numbers 1215-0140 and 121500017.) executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the (ii) (a) The contractor shall submit weekly for requirement for submission of the"Statement of each week in which any contract work is Compliance" required by paragraph A.3.(ii)(b) of performed a copy of all payrolls to HUD or its this section. designee if the agency is a party to the contract, but if the agency is not such a party, the (d) The falsification of any of the above contractor will submit the payrolls to the certifications may subject the contractor or applicant sponsor, or owner, as the case may be, subcontractor to civil or criminal prosecution for transmission to HUD or its designee. The under Section 1001 of Title 18 and Section 231 of payrolls submitted shall set out accrately and Title 31 of the United States Code. completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This (iii) The contractor or subcontractor shall make information may be submitted in any form the records required under paragraph A.3.(I) of desired. Optional Form WH-347 is available for this section available for inspection, copying, or this purpose and may be purchased from the transcription by authorized representatives of Superintendent of Documents (Federal Stock HUD or its designee or the Department of Labor, Number 029-005-00014-1), U.S. Government and shall permit such representatives to Printing Office, Washington, DC. 20402. The interview employees during working hours on the prime contractor is responsible for the job. If the contractor or subcontractor fails to submission of copies of payrolls by all submit the required records or to make them subcontractors. (Approved by the Office of available, HUD or its designee may, after written Management and Budget under OMB Control notice to the contractor, sponsor, applicant or Number 1215-0149.) owner, take such action as may be necessary to cause the suspension of any further payment (b) Each payroll submitted shall be advance, or guarantee of funds. Furthermore accompanied by a "Statement of Compliance," failure to submit the required records upon signed by the contractor or subcontractor or his request or to make such records available maybe or her agent who pays or supervises the payment grounds for debarment action pursuant to 29 of the persons employed under the contract and CFR Part 5.12. shall certify the following: (Apprentices and Trainees. (1) That the payroll for the payroll period contains the information required to be (4) Apprentices. Apprentices will be permitted maintained under 29 CFR Part 5.5(a)(3)(i) and to work at F-27 less than the predetermined rate for the work (ii) Trainees. Except as provided in 29 CFR 5.16, they performed when they are employed trainees will not be permitted to work at less than pursuant to and individually registered in a bona the predetermined rate for the work performed fide apprenticeship program registered with the unless they are employed pursuant to and U.S. Department of Labor, Employment and individually registered in a program which has Training Administration, Bureau of received prior approval, evidenced by formal Apprenticeship and Training, or with a State certification by the U.S. Department of Labor, apprenticeship Agency recognized by the Employment and Training Administration. The Bureau, or if a person is employed in his or her ratio of trainees to journeymen on the job site first 90 days of probationary employment as an shall not be greater than permitted under the apprentice in such an apprenticeship program, plan approved by the Employment and Training who is not individually registered in the program, Administration. Every trainee must be paid at but who has been certified by the Bureau of not less than the rate specified in the approved Apprenticeship and Training or a State program for the trainee's level of progress, Apprenticeship Agency (where appropriate) to expressed as a percentage of the journeyman be eligible for probationary employment as an hourly rate specified in the applicable wage apprentice. The allowable ratio of apprentices to determination. Trainees shall be paid fringe journeymen on the job site in any craft benefits in accordance with the provisions of the classification shall not be greater than the ratio trainee program. If the trainee program does not permitted to the contractor as to the entire work mention fringe benefits, trainees shall be paid force under the registered program. Any worker the full amount of fringe benefits listed on the listed on a payroll at an apprentice wage rate, wage determination unless the Administrator of who is not registered or otherwise employed as the Wage and Hour Division determines that stated above, shall be paid not less than the there is an apprenticeship program associated applicable wage rate on the wage determination with the corresponding journeyman wage rate on for the classification of work actually performed. the wage determination which provides for less In addition, any apprentice performing work on than full fringe benefits for apprentices. Any the job site in excess of the ratio permitted employee listed on the payroll at a trainee rte under the registered program shall be paid not who is not registered and participating in a less than training plan approved by the Employment and the applicable wage rate on the wage Training Administration shall be paid not less than determination for the actually performed. the applicable wage rate on the wage Where a contractor is performing construction determination for the work actually performed. on a project in a locality other than that in which In addition, any trainee performing work on the its program is registered, the ratios and wage job site in excess of the ratio permitted under rates (expressed in percentages of the the registered program shall be paid not less journeyman's hourly rate) specified in the than the applicable wage rate on the wage contractor's or subcontractor's registered determination for the work actually performed. program shall be observed. Every apprentice In the event the Employment and Training must be paid at not less than the rate specified in Administration withdraws approval of a training the registered program for the apprentice's level program the contractor will no longer be of progress expressed as a percentage of the permitted to utilize trainees at less than the journeymen hourly rate specified in benefits in applicable predetermined rate for the work accordance with the provisions of the performed until an acceptable program is apprenticeship program. If the apprenticeship approved. program does not specify fringe benefits, the (ii) Equal employment opportunity. The wage determination for the applicable utilization of classification. If the Administrator determines apprentices,trainees and journeymen under this that a different practice prevails for the part shall be in conformity with the equal applicable apprentice classification, fringes shall employment requirements of Executive Order be paid in accordance with the determination. In the event the Bureau of Apprenticeship and 11246,as amended,and 29 CFR Part 30. Training, or a State Apprenticeship Agency 5. Compliance with Copeland Act requirements. recognized by the Bureau,withdraws approval of The contractor shall comply with the an apprenticeship program,the contractor will no requirements of 29 CFR Part 3 which are longer be permitted to utilize apprentices at less incorporated by reference in this contract. than the applicable predetermined rate for the work performed until an acceptable program is 6. Subcontracts. The contractor or approved. subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other F-28 clauses as HUD or its designee may be 1001. Additionally, U.S. Criminal Code, Section 1 appropriate instructions require,and also a clause 01 0, Title 18, U.S.C. "Federal Housing requiring the subcontractors to include these Administration transaction", provides in in part: clauses in any lower tier subcontracts. The prime "Whoever, for the purpose of . . . influencing in contractor shall be responsible for the any way the action of such compliance by any subcontractor or lower tier Administration......makes, utters or publishers any subcontractor with all the contract clauses in 29 statement knowing the same to be false shall CFR Part 5.5. be fined not more than$5,000 or imprisoned not more than two years,or both." 7. Contract termination;debarment. A breach of the contract clauses in 29 CFR 5.5 may be 11. Complaints,Proceedings,or Testimony by grounds for termination of the contract and for Employees. No laborer or mechanic to whom the debarment as a contractor and a subcontractor wage, salary, or other labor standards provisions as provided in 29 CFR 5.12. of this Contract are applicable shall be discharged or in any other manner discriminated 8. Compliance with Davis-Bacon and Related against by the Contractor or any subcontractor Act because such employee has filed any complaint Requirements. All rulings and interpretations of or instituted or caused to be instituted any the Davis-Bacon and Related Acts contained in proceeding or has testified or is about to testify 29 CFR Parts 1, 3, and 5 are herein incorporated in any proceeding under or relating to the labor by reference in this contract. standards applicable under this Contract to his employer. 9. Disputes concerning labor standards. Disputes arising out of the labor standards B. Contract Work Hours and Safety Standards provisions of this contract shall not be subject to Act. As the general disputes clauses of this contract. used in this paragraph the terms "laborers" and Such disputes shall be resolved in accordance "mechanics"include watchmen and guards. with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes (1) Overtime requirements. No contractor or within the meaning of this clause include sub-contractor contracting for any part of the disputes between the contractor (or any of its contract work which may require or involve the subcontractors)and HUD or its designee,the U.S. employment of laborers or mechanics shall Department of Labor, or the employees or their require or permit any such laborer or mechanic in representatives. any work week in which he or she is employed on such work to work in excess of eight hours in such 10. (i) Certification of Eligibility. By entering work week unless such laborer or mechanic into this receives compensation at a rate of pay for all contract the contractor certifies that neither it hours worked in excess of eight hours in any (nor he or she)nor any person or firm who has an calendar day or in excess of forty hours in such interest in the contractor's firm is a person or firm workweek,whichever is greater. ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act (2) Violation; liability for unpaid wages; or 29 CFR 5.12(a)(1) or to be awarded HUD liquidated contracts or participate in HUD programs damages. In the event of any violation of the pursuant to 24 CFR Part 24. clause set forth in subparagraph (1) of this paragraph,the contractor and any subcontractor (ii) No part of this contract shall be responsible therefor shall be liable for the unpaid subcontracted wages. In addition, such contractor and to or firm ineligible for award of a Government subcontractor shall be liable to the United States contract by virtue of Section 3(a) of the Davis- (in the case of work done under contract for the Bacon Act or 29 CFR 5.12(a)(1)or to be awarded District of Columbia or a territory,to such District HUD contracts or participate in HUD programs or to such territory), for liquidated damages. pursuant to 24 CFR Part 24. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, (iii) The penalty for making false statements is including watchmen and guards, employed in prescribed in the U.S. Criminal Code, 18 U.S.C. violation of the clause set forth in subparagraph F-29 (1) of this paragraph, in the sum of $10 for each shall be responsible for compliance by any calendar day on which such individual was subcontractor or owner tier subcontractor with required or permitted to work in excess of eight the clauses set forth in subparagraphs (1) hours or in excess of the standard workweek of through (4)of this paragraph. forty hours without payment of the overtime wages required by the clause set forth in sub C. Health and Safety paragraph(1)of this paragraph. (1) No laborer or mechanic shall be required to (3) Withholding for unpaid wages and work in liquidated surroundings or under working conditions which damages. HUD or its designee shall upon its own are unsanitary, hazardous, or dangerous to his action or upon written request of an authorized health and safety as determined under representative of the Department of Labor construction safety and health standards withhold or cause to be withheld, from any promulgated by the Secretary of Labor by moneys payable on account of work performed regulation. by the contractor or subcontractor under any such contract or any other Federal contract with (2) The Contractor shall comply with all the same prime contract, or any other Federally- regulations issued by the Secretary of Labor assisted contract subject to the Contract Work pursuant to Title 29 Part 1926 (formerly part Hours and Safety Standards Act which is held by 1518) and failure to comply may result in the same prime contractor such sums as may be imposition of sanctions pursuant to the Contract determined to be necessary to satisfy any Work Hours and Safety Standards Act. (Public liabilities of such contractor or subcontractor for Law 91-54,83 Stat 96). unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) (3) The Contractor shall include the provisions of this paragraph. of this Article in every subcontract so that such provisions will be binding on each subcontractor. (4) Subcontracts. The contractor or The Contractor shall take such action with subcontractor shall insert in any subcontracts the respect to any subcontract as the Secretary of clauses set forth in subparagraph (1) through (4) Housing and Urban Development or the of this paragraph and also a clause requiring the Secretary of Labor shall direct as a means of subcontractors to include these clauses in any enforcing such provisions. lower tier subcontracts. The prime contractor 77. 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. F-30 SECTION G SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled: ATLANTA WATER LINE IMPROVEMENTS B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of a PLEASURE ISLAND MARINA REPAIRS. The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning or any subsidiary item which is customarily furnished, and the Contractor shall deliver the installation to the OWNER in operating condition. C. PLANS. See Scope of Work- Section "D" D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph C. above, is included in items of BID for which unit prices are shown,and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. CITY OF PORT ARTHUR reserves the right to schedule sequence of construction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental Items shown in SECTION D - BID. The Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall apply. These items are included to facilitate payment for charges and alterations that may be required to comp►etr, work_ The G-I A actual work as provided by the GENERAL and SPECIAL CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on PLANS is described in BID items other than Supplemental Pay Items. When work covered' by Supplemental Items is requested by the Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and Unit Prices bid in BID. I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red pencil to show as-built dimensions and location of all work constructed. J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in restaking. G-2A SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned,or scheduled either on PLANS or specified herein,or both, including all labor, materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials AC/ American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories A/S/ American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society PCI Prestressed Concrete Institute A/SC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. G-1B B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer, stake out work, establish elevations, and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. G-2B The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re- testing and re-inspection costs made necessary by such failure, including those of related procedures,shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of G-3B comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Prestressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety (90) days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install,test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. G-4B 4. The manual is to contain the following: (a) An 8' -inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 8'h-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form,schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of G-5B construction, remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner. R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to G-6B public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. G-7B SECTION H PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the 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, 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 , 20_, entered into a formal contract with the CITY OF PORT ARTHUR for , 20 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. t-1 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., 20_ . 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. 1-2 SECTION I 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 , 2000, 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 J-1 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 , 20 . ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. J-2 IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J-3 SECTION J NOTICE OF AWARD IF THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM TIFFANY L.HAMILTON EVERFIELD, CITY MANAGER MAYOR PRO TEM City of Energy SHERRI BELLARD,TRMC COUNCIL MEMBERS \ .I CITY SECRETARY WILLIE BAE LEWIS,JR DONEANE BECKCOM o r t rthur JAMES M.BLACK HAROLD L.DOUCET,SR. INTERIM CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR NOTICE OF AWARD Date Name Attn: Address City, State Zip Re: You are notified that on January 8, 2024, the City of Port Arthur City Council awarded above referenced contract. Within ten(10)days after you comply with the conditions listed below,the Purchasing Manager will issue to you a written Notice to Proceed and Purchase Order. Work must not begin until these documents have been issued to you. Two (2) original Contract Documents and one (1) copy of Resolution No. accompany this Notice of Award. You must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award that is by , 2024 or by the first working day thereafter. You must deliver to the Purchasing Manager: 1. One (1) fully executed Contract. 2. One (1) signed, original Notice of Award. 3. One (1) original Certificate of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees, to be expressly named as additional insurers, in accordance with the General Conditions. 4. One (1) HB 1295 Form filled out completely. For more information go to the following website. https://www.ethics.state.tx.us/whatsnew/elf info form 1295.htm. 5. Payment and Performance Bonds. Please return all requested documents to: City of Port Arthur, TX Attn: Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 Page 1 of 2 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM TIFFANY L.HAMILTON EVERFIELD, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR DONEANE BECKCOM u r r r t h uT ► JAMES M.BLACK HAROLD L.DOUCET,SR. INTERIM CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR NOTICE OF AWARD Contractor Name Date Page 2 Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default and to annul this Notice of Award. OWNER: CITY OF PORT ARTHUR,TEXAS BY: Clifton Williams, Purchasing Manager ACCEPTANCE OF AWARD: Contractor: Signature: Print: Title: Date: SECTION K NOTICE TO PROCEED THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM TIFFANY L.HAMILTON EVERFIELD, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: k CITY SECRETARY WILLIE BAE LEWIS,JR. DONEANE BECKCOM n r t r t h ur JAMES M.BLACK HAROLD L.DOUCET,SR INTERIM CITY ATTORNEY THOMAS KINLAW,III texas DONALD FRANK,SR NOTICE TO PROCEED Date Name Attn: Address City, State Zip Re: Water/Sewer Line Service Support You are notified that the Contract Times under the above contract will begin to run on, 2024 by that date, you are to start performing your obligations under the Contract Documents The date of Contract Termination will be , 2024 It is the responsibility of the contractor to meet the schedule as set forth and in accordance with the terms and conditions of the contract. Before you may start any work, you must deliver to the Purchasing Manager all required documents as listed in your Notice of Award and a signed original of this Notice to Proceed. Invoices for payment must be submitted to PO Box 1089, Attn: Accounting, Port Arthur, TX 77641. Contract# must appear on all related invoices. Should you have any questions regarding this project, you may contact me at 409.983.8160 or thank you for partnering with the City of Port Arthur. Respectfully, ACCEPTANCE OF NOTICE TO PROCEED Company: Clifton Williams Signature: Purchasing Manager Print: Title: Date: CC: Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 SECTION L INSURANCE 8 DATE (MMIDD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: _ _ ---- - -- PHONE FAX(A/C, (A/C,No,Extl: . NM: - E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURERB: 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. INSRXP LT TYPE OF INSURANCE ADDL SUER POPOUCYNUMBER l M/DDYIYYYY) (MMIDDDIYYYY) LIMITS LTR INSR WVD GENERAL UABIUTY EACH OCCURRENCE $ DAMAGE TORENfEET- - $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 7 POLICY PRO- n LOC $ AUTOMOBILE UABIUTY COMUINED SINGLE LIMI I (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE AUTOS D AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident) $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ _ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ -- _ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more apace 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 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION M QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED TO City of Port Arthur (Fire Station #03) BY J.W. Garrett & Son, Inc d/b/a G&G Enterprises Construction Corp. [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE 501 Procter St Suite #322, Port Arthur, TX 77640 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 38 years 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor 38 years (b) As a sub-contractor - 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner See attached 0-1 4. Have you ever failed to complete any work awarded to you? No If so,where and why? - 5. In what manner have you inspected this proposed work? Explain in detail. G&G has reviewed the plans, specifications and addendum. G&G has also reviewed our subcontractors' proposal for additional information related to this proiect . 6. Explain your plan or layout for performing the proposed work: Upon receipt of the NTP G&G will begin procuring, mobilizing and setting up the necessary pre-construction meetings with critical path subs and the AE Team. G&G will begin releasing long lead items to help ensure schedule adherence and flow of activities onsite. Our anticipated construction schedule is roughly 360 days. G&G will work with the Project Team to ensure that project is constructed safely, on-time and in a high quality manner. 7. The work, if awarded to you,will have the personal supervision of whom? PM: Matt Fracht QM: Ashley Hillsten (a) For administrative management? Safety: Jarvis Taylor (b) For resident construction superintendence? Supt: Barry Ragsdal (c) What experience in this type of work is enjoyed by the superintendent designated under (b) above? Barry has 32 years of construction experience constructing various projects types and sizes. Barry's most recent project was a $25m 140,000 sf Middle School for Vidor ISD. Barry will be supported by G&G's Project Manager and dedicated Quality Manager for the execution of this work. Project Safety will be guided by G&G's Safety Director, Jarvis Taylor. 0-2 8. What portions of the work do you intend to sub-let? All scopes of work will be subcontracted out. At this time G&G does not intend to self perform any scopes of work. 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity,Etc. Condition Service Location Not Applicable 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? Yes 0-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer See attached Dated at 11 : 30am this 12th day of June 2024 ttT... SO BY: Natasha Garrett ;' �,Q,f A E �� Z TITLE: CEO ti , s �`X • :p y 4 0-4 10 & la hello@gandgenterprises.com GandGenterprises.com ENTERPRISES 409/883.5465 CONSTRUCTION PROJECTS COMPLETE WITHIN THE LAST FIVE(5)YEARS PROJECT NAME OWNER ARCHITECT/DESIGNER AMOUNT CONTRACT TYPE Bayer GCDC Bayer Chemical G&G Enterprises S4.800,000 CMAR Byer MDI Center Bayer Chemical G&G Enterprises S1,450,000 CMAR Lanxess CoBR ._._.. Lanxess Corp Lanxess Cori. S1,790,000 CMAR SeTX Tr -an sit... Orange County G&G Enterprises _.......__.�.__. S L497.412 CMAR }- Lanxess Control ___-- Lanxess Lanxess S1,250,000 CMAR Bridge City Bank —_— Bridge City Bank Architects,Inc —_---S920,000 CMAR St.Henry Catholic Diocese of Beaumont Architects,Inc —__ S700,500 CSP SETS Transit Orange County O&G Enterprises ..__._5411.000 CMAR Orange County MEP Orange County Architects,Inc --_S834,000 __—_._ CSP --Newman Caner(Lamar Catholic Student Center) Diocese of Beaumont Architects,Inc S842,853 CSP Cowling Investments Cowling&Cowling PBT Architects S799350 — CMAR EPR Control Room Lanxess Lanxess S890,000 CMAR Central Maint Fac Lanxess G&G Enterprises S2.345,000 CMAR —- - ---- — --- TRP Change Facility Lanxess G&G Enterprises S784,445 CMAR DuGOOD Federal Credit Union DFCU G&G Enterprises 51,805.749 CMAR Cash's Bar&Grill Dr.Mark Messer G&O Enterprises S214,552 CMAR Groves Municipal Building City of Groves BRW Architects S3,382,000 CSP First Financial Bank First Financial Bank _ Tom Malaone,ALA 51,855,000 CSP Pt Dock Terminal Builder _ Valero Sourer Engineering S858,000 CMAR Ma Envy__._ ME,LLC Lovelady&Assoc_..__ S526.241 CMAR ------ --- NM Freestanding Emergency Room GTEC KA Architects S2.620,000 CMAR I Dr.Messer Shopping Center Upgeades---____-- Dr.Mark Messer __._..___..G&G Enterprises $383,000 CMAR I EASTEX Federal Credit Union EASTEX Federal Credit Union PBT Architects —__ S630,366 CMAR Jefferson County Fire Station C_yil ofNederland Architectural Alliance S896,640 CSP PECU PECU SR Architects.._.--_- S756,172 CMAR s Meadows Church of Christ Meadows C.o.C. Long Architects S2,507.634 CMAR Arlanxeo Control Room --.--Arlanxeo Arlameu S154,223 CMAR _ Eastex Federal Credit Union Easter Federal Credit Union PBT Architects 5485,000 CMAR First Financial Bank Orange w_First Financial Bank,NA Parkhill,Smith&Cooper S3,959,500 CMAR DuGOOD Federal Credit Union Du000D Federal Credit Union Architects Inc. S935,378 CMAR Miler ME Adtnin Miller ME Architects Inc. S230.254 CMAR A miuican Valve&Hydrant Offices American Valve&Hydrant __.._. Sigma Engineers 5653,834 CMAR Brig City Bads-Lumberton Bridge City Bank-Lumberton G&G Enterprises S204,672 CMAR •: Hamby Shopping Center GLK Properties Architects Inc. 5962,258 CMAR---- Olson Engineering Dr.Messer Architects,Inc. S4.558,744 CMAR Vidor ISD Phase I&2 Vidor LSD Architects,Inc. $2,536,094 CSP First State Bank Phelan First State Bank Phelan LaBiche Arch Group S942,440 CMAR NatGasoline NatGasoline NatGasotine S5,413,499 CMAR Hooks Thin Hooks Title GoodwinLassiter S1,745,000 CMAR V idor 1SD Oak Forest Elementary Vidor ISD Architects Inc S17,500,000 CSP Sabine River Authority Env Services Lab SRA Architects Inc S4,982,000 CMAR Family Allergy&ALC Nedmac,LLC Architects Inc S1,399,117 CMAR ]. Beaumont Laydown Yard Beaumont Laydowm Yard Whiteley-Oliver S3,667,807 CMAR First Fmancial Bank First Financial Bank Parkhill S1,793,129 CMAR Riedel Residence Riedel Residence Architectural Alliance �., S 1,178,080 CMAR Sojourn Church Sojourn Church G&G Enterprises __. S_''43,044 CMAR Freedom Firearms&Defense Freedom Firearms&Defense PET Architects S624,000 CMAR Moreau Physical Therapy ISO Moreau Physical Therapy IBO Cr&G Enterprises S345,889 CMAR BCISD Elementary School Addition&Renovation _ Bridge City ISD ---Claycomb Assocaites Architects v S4,902,673_ CMAR WOCCISD HS Library WOC-CISD Architects Inc S1,129,850 CSP WOCCISD Bond Package WOC-CISD Architects Inc $28,455,623 CMAR WOCCISD Courtyard WOC-CISD Architects,Inc S321,477 CSP Vidor)SD Middle School Vidor ISD Architects,Inc S25,067,590 CSP Gulf Credit Union Administration Building _ Gulf Credit Union Architects Inc —_ S10,364,291 CMAR Sinclair Broadcast Group Broadcast Station Sinclair Broadcast Group Architects Inc S10,945,689 CMAR Jasper ISD Bond Package Jasper ISD PBK Architects $16,365,667 CMAR _ INVISTA INVISTA _—_ INVISTA S17,458,492 CMAR LYONDELL LYONDELL LYONDELL S7.465,223 CMAR CHEVRON CHEVRON CHEVRON S19,250,000 CMAR TOTAL S231,991,552 , INTEGRITY iri SAFETY TRUST ' QUALITY & hello@gandgenterprises.com GandGenterprises.com ENTERPRISES 409/883.5465 PROJECTS IN PROGRESS-AS OF 06.11.2020 PROJECTS IN PROGRESS Location Owner Architect/Engineer Contract Amt Bal to Complete %Complete Contract Type Lamar State College Orange-New Student Center Orange,Tx LSCO FOG Architects $6,500,000 $5,156,233 21% CMAR Golden Triangle Polymers Project Orange,Tx Golden Triangle Polymers Company,U,C Burns McDonnell 563,377,556 $43,178,355 37% CMAR Bridge City ISD Middle School Orange,Tx Bridge City lSD Claycomb Assodates Architects 558,412,410 $33,043,706 43% CMAR Bridge City ISO CTE Bridge City,Tx Bridge City MD Cktycomb Associates Architects.... 515,470,966 $5,653,094 63% CMAR • CommonCents Credit Union Wink,TX CommonCents Credit Union Architects Inc $2,332,703 $793,119 66% CMAR Sabine Federal Credit Union Beaumont,Tx Sabine Federal Credit Union Architects Inc $1,498,956 $324,566 78% CMAR ..__ Oak Grove Nursing tome Groves,TX Oak Grove A AArchitects $8,491.111 $1,583,935 81% C$P VISD Admin Electrical Upgrades Vidor,T% Vidor ISD Architects Inc —_-- • _._ ._. __.. $228,912 55,239 98% COP Third Coast Bank Interior Buiid-Out Beaumont,To Third Coast Bank IDStudio $795,784 $9,201 99% CMAR TOTAL PROJECTS IN PROGRESS $157,108,338 TOTAL BALANCE TO COMPLETE $90,152,427 The Project Build Team Propoedfar the Port Arthur Fire STOtim a3 is Currently Available • • • • • INTEGRITY SAFETY TRUST ' QUALITY SECTION N NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDA% .1 CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding on this project has violated the antitrust laws of this State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. •tip T & S Signature: , •• 0 kpLA l c17 e Printed Name: _ . / � Z'f tt j7frlykkini Printed Natasha Garrett ..• M ., r� Name: •-•••• Title: CEO ............... "f Company: J.W. Garrett & Son, Inc. d/b/a G&G Enterprises Construction Corp. Date: 6-12-24 SUBSCRIBED and sworn to before me the undersigned authority by Megan Huddleston the CFO of, J.W.Garrett&Son, Inc. on behalf of the said bidder. d/b/a G&G Enterprises Construction Corp. hdattlik) Nota Public in and for the State of Texas \•;'�:'' MEAN HUDDLESTON '?•1*•'• g=Notary Public,State of Texas "..':F`�::= Comm.Expires 09-30-2026 My commission expires•:130- VP ..... NotaryID 133992811 If SECTION 0 AFFIDAVIT AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to the 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. J.W. Garrett & Son, Inc. d/b/a G&G Enterprises � Construction Corp. I 6-12-24 4, Firm Name t�Q� "'••••• 11, Date "r` t F 115104/ CEO Authorized Signature r n Title ti d Natasha Garrett -•* 409-883-5465 Name (please print) `"••••••• '"'•� Telephone natasha@gandgenterprises.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above-named Natasha Garrett on this the 12 day of June , 20 24 . °o'�`Y ZI`'" MEGAN HUDDLESTON Nota Public ;z�•�:Notary Public,State of Texas . .'e= Comm.Expires 09-30-2026 %','Fov'K; ,,� Notary ID 133992811 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION P CONFLICT OF INTEREST CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80th Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006 (a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. J.W. Garrett&Son, Inc. d/b/a G&G Fnterprises Construction Corp 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7'h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No r �T D. Describe each employment or busin fs 1 tidn , • itf .tle Kcal government officer named in this section. 4. vk\t‘t )) Yv` finki n 6-12-24 Signature of p rson doing usmess wit ego dna„entity Date .............. SECTION Q SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION Natasha Garrett , the undersigned and representative of J.W. Garrett & Son, Inc. d/b/a G&G Enterprises Construction Corp. (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Natasha Garrett •..••..... Name of Company Representative ................ r '04 in Signature of Company Representative.. /• �h f • J ..... * 6-12-24 ��............... Date SECTION R HOUSE BILL 89 VERIFICATION H B_-I-89 V LAM Natasha Garrett (Person name), the undersigned representative (hereafter referred to as "Representative") of J.W. Garrett & Son, Inc. d/b/a G&G Enterprises Construction Corp. (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 busty $ ur uses. r , :I i •P I ))YAAAtt, c ' SIGNATU E OF REPRESENTATIVE .:/ SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 12 day of June , 20 24 . `jVklirliV hv Notary Public """' H `�.`�Rr c?a` •. NotaryMEGAN Public,State of Texas :*.•`i:: Comm.Expires 09-30-2026 �':*,;.,` Notary ID 133992811 nnn��. I Form -9 Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester.Do not Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. Internal Revenue Service Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) J.W. Garrett& Son, Inc. 2 Business name/disregarded entity name,if different from above. G&G Enterprises Construction Corp el 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply onlyto o only one of the following seven boxes. certain entities,not individuals; a. see instructions on page 3): c ❑ Individual/sole proprietor ❑ C corporation ® S corporation ❑ Partnership ❑ Trust/estate ai ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . Exempt payee code(if any) a o Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax u classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o box for the tax classification of its owner. Compliance Act(FATCA)reporting CC ❑ Other(see instructions) code(if any) au 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, y and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check (Applies to accounts maintained 0 this box if you have any foreign partners,owners,or beneficiaries.See instructions ❑ outside the United States.) a) 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) 501 Procter Street Ste#322 6 City,state,and ZIP code Port Arthur, TX 77640 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. Employer Identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. 7 6 - 0 3 8 6 4 9 2 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retum.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign Signature of X I Here U.S.person ( J`{l mlt ,Jt`f 111Mt 9 Ott Date 01/01/2024 General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Partnership Instructions for Schedules K-2 and K-3(Form 1065). Line 3a has been modified to clarify how a disregarded entity completes this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3-2024) iar c n<� `oi x, GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, which includes certifying minority, woman, and service disabled veteran-owned businesses as HUBs and facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note:Any changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. Please visit our website at http://comptroller.texas.gov/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company's chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. Texas Historically Underutilized Business (HUB) Certificate CertificateNlD Number: 1760386492100 (lair HUB FileNendor Number: 481406 Approval Date: 10-DEC-2020 Scheduled Expiration Date: 10-DEC-2024 Statewide Historically Underutilized Business Program The Texas Comptroller of Public Accounts(CPA), hereby certifies that J. W. GARRETT & SON, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB, This certificate printed 11-DEC-2020, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Statewide HUB Program Statewide Procurement Division Note: In order for State agencies and institutions of higher education (universities)to be credited for utilizing this business as a HUB,they must award payment under the CertificateNlD Number identified above. Agencies, universities and prime contractors are encouraged to verify the company's HUB certification prior to issuing a notice of award by accessing the Internet(https://mycpa.cpa.state.tx.usltpasscmblsearchlindex.jsp)or by contacting the HUB Program at 512-463-5872 or toll-free in Texas at 1-888-863-5881. Rev.0e/19 SECTION S TECHNICAL SPECIFCATIONS Exhibits Are Available For Review In The City Secretary Office Or Online Bid Postings • CONSTRUCTION OF FIRE STATION #3 (portarthurtx.gov) https://www.portarthurtx.gov/bids.aspx?bidID=507 Please visit our website: http://www.portarthurtx.gov > AGENDAS &, M I N UTES> Agendas> 2024 Agendas> City Secretary page: http://www.portarthurtx.gov > 4 City Government> City Secretary Office Number: (409) 983-8115 Email: citysecretaryportarthurtx.gov II