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HomeMy WebLinkAboutPR 23954: CONTRACT WITH JAMES W. TURNER CONSTRUCTION, LTD, RECONSTRUCTION OF (4) HOMESfP INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: Ronald"Ron" Burton, CPM, City Manager From: Beverly Freeman, Manager of Housing and Neighborhood Revitalization Date: October 1, 2024 Re: P.R.No. 23954 NATURE OF REQUEST: The Housing Division recommends that the City Council adopt Proposed Resolution No. 23954, authorizing the City Manager to execute a contract between the City of Port Arthur and James W. Turner Construction, LTD, of Tomball, Texas for the reconstruction of four (4) homes in the total amount of$774,760.00. This amount includes a contingency of$20,000.00 ($754,760.00 + $20,000.00= $774,760.00). STAFF ANALYSIS/CONSIDERATIONS: The Department of Housing and Urban Development (HUD) annually awards Community Development Block Grant (CDBG) and HOME Partnership Investment (HOME) funds to the City for the primary benefit of low and moderate-income persons/families. The City is dedicated to providing owner-occupied rehabilitation/reconstruction assistance to homeowners who are at 80% or below the Area Median Income with unmet housing needs, to eliminate health and safety hazards and preserve and improve the community's housing stock. Four (4) bids was received and opened on Wednesday, September 18, 2024, for the reconstruction of four (4) homes for low and moderate-income persons/families at the locations listed below. The bids were evaluated by the Purchasing Manager and the Housing Division. The lowest bidder, Paramount Design & Development, of Beaumont, Texas was disqualified for failing to submit the required bid bond. Therefore, it is recommended to award the project to the next lowest bidder, James W. Turner Construction, LTD of Tomball, Texas. Location Amount 3237 15th Street $186,440.00 4011 15th Street $189,440.00 2649 10th Street $189,440.00 3418 15th Street $189,440.00 Total $754,760.00 Contingency $ 20,000.00 Total $774,760.00 Days to complete four(4) HOMES 90 days BUDGET CONSIDERATION: Funds are available in the following accounts and project numbers: • Account Number: 105-13-033-5470-00-40-000: o Project CD5118: $40,000.00 o Project CD22115: $90,000.00 o Project CD23 115: $464,760.00 • Account Number: 108-13-033-5470-00-40-000: o Project HE2305: $180,000.00 RECOMMENDATION: The Housing Division recommends City Council adopt Proposed Resolution No. 23954 authorizing the City Manager to execute a contract between the City and James W. Turner Construction, LTD, of Tomball, Texas for the reconstruction of four (4) homes in the total amount of$774,760.00 which includes a contingency in the amount of$20,000. ($754,760.00 + $20,000.00 = $774,760.00). r; P. R. No. 23954 10/01/24 BAF RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JAMES W. TURNER CONSTRUCTION, LTD OF TOMBALL, TEXAS, FOR THE RECONSTRUCTION OF FOUR (4) HOMES IN THE TOTAL AMOUNT OF $774,760.00, WHICH INCLUDES A CONTINGENCY OF $20,000.00. FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS AND PROJECT NUMBERS: ACCOUNT NUMBER 105-13-033-5470-00-40-000, PROJECT NUMBERS CD5118 ($40,000.00), CD22115 ($90,000.00), CD23115 ($464,760.00), AND ACCOUNT NUMBER 108-13-033-5470-00-40-000, PROJECT NUMBER HE2305 ($180,000.00). WHEREAS, the U.S. Department of Housing and Urban Development annually awards Community Development Block Grant (CDBG) Program and HOME Investment Partnership (HOME) Program funds to the City of Port Arthur for the primary benefit of low and moderate- income persons/families in accordance with 24 Code of Federal Regulations Part 92 and Part 570; and, WHEREAS, the City Council, by its adoption of Resolution Number 24-303 (authorizing submission of the 2024 5-Year Consolidated Plan) has dedicated itself to provide owner occupied rehabilitation and reconstruction housing assistance to low and moderate-income persons/families; and, WHEREAS, the City advertised in the Port Arthur News on August 7, 2024 and August 14, 2024 for the reconstruction of four (4) homes located at, 3237 15th Street, 4011 15th Street, 2649 10th Street and 3418 15th Street; and, WHEREAS, four (4) bids were received and opened on Wednesday, September 18, 2024, and evaluated by the Purchasing and Housing Division, with the bid tabulation attached hereto as Exhibit "A"; and, WHEREAS,the lowest bidder, Paramount Design& Development, of Beaumont, Texas did not submit the required bid bond and was disqualified; therefore, it is recommended that the project be awarded to the next lowest bidder, James W. Turner Construction, LTD of Tomball, Texas; and, WHEREAS, it is deemed in the best interest of the City of Port Arthur to authorize the City Manager to execute a contract with James W. Turner Construction, LTD, for the reconstruction of four homes in the total amount of $774,760.00 (which includes a $20,000.00 Contingency). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City Council hereby authorizes the City Manager to execute a contract between the City of Port Arthur and James W. Turner Construction, LTD, in the total amount of$774,760.00, which includes a $20,000.00 contingency for the reconstruction of four (4)homes, in substantially the same form as attached hereto as Exhibit"B". Section 3. THAT, the reconstruction of each home shall be contingent upon the homeowner signing the attached contract, which authorizes James W. Turner Construction, LTD, 4 to reconstruct a home on their property,with completion within ninety (90) days. Section 4. THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of , A.D., 2024 at Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: MAYOR: COUNCILMEMBERS: NOES: THURMAN, "BILL"BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED • ROXANN PAIS COTRONEO, CITY ATTORNEY PPR VED FOR A M IS ri91: RONALD BURTON, C M, (L CITY MANAGER Ti-tQt%•it _/ BEVERLY FWEEMAN, MANAGER OF HOUSING& NEIGHBORHOOD REVITALIZATION APPROVED FOR AVAILABILITY OF FUNDS: . �-��LYN B SWELL,O t FINANCE DIRECTOR CLIP TON WILLIAMS, CPPB, PURCHASING MANAGER EXHIBIT "A" BID TABULATION Io aC. � mvoo 0 0ft m � a •• o A W N ^ 3 IIo E % o 0 0 0' TO 3 .+ A r to CP 00 — y r r r r r., rC 'Jo O UN V1 '7 CA CA CA CA A. 9 9 9 9 9 C O C \' - 5. — 2 i m , b : O '`• 0 - csi sA y 3 C J r r ►.+ - s A g • W C p C vo vo op oe et C S. or �l O A A A C "� OG v O O O O C O ' p "i X JC. b C O O O O r "1 ao d C g c -, 7.2 r � A g a 7Z n X o O a _ n .. o r„ © EA EA v300 o PT S C CO 'C , r . EA ws EA C N C 00 N r 1mi DJ N r C '11 Z ft d 0 B W Z C O W W A A (� •tee N C A O. ..j C a a C 1.N Cp (GIs W C 0000 y C A .C,t = C .O.r. C 'Lf J O O N N N ..r O c O C > G. fJ, p �1 rt...) N N D` C.a ry .r k r" n 3 0 00 C C co n o f Ds " ,,,g v o et C N A A Ox r ran Los Us bN b9 EA '! r�i A 00 DJ kJ DJ t4 C N J C O O Co O wl C •COs p A A A A n r W ' > C' C CA O O C O O — rG ,, � ' O O O p O O X A O O r r n WM 4 COig y r r J .. 11 r r r C C N N .r N —1 �1 —1 J A C o) 9 O A- O W GO W W n o``;! C W Z • J J J J O O D... A - C p I.) DJ DJ N C - C ;a `_ `a O � 3 t C O C C A, kA .► TO6' 1 0 EXHIBIT "B" CONSTRUCTION CONTRACT 1 City c?f (u TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. EXHIBITS A - G D. BID E. BID BOND F. GENERAL CONDITIONS G. TECHNICAL SPECIFICATIONS H. PAYMENT BOND I. PERFORMANCE BOND J. NOTICE OF AWARD K. NOTICE TO PROCEED L. INSURANCE M. ADDENDUMS N. NON-COLLUSION AFFIDAVIT O. AFFIDAVIT 4 P. CONFLICT OF INTEREST Q. SB 252 CHAPTER 2252 CERTIFICATION R. HOUSE BILL 89 VERIFICATION I A CONSTRUCTION CONTRACT AGREEMENT CONTRACT BETWEEN THE CITY OF PORT ARTHUR, JAMES W. TURNER CONSTRUCTION,LTD AND HOMEOWNERS STATE OF TEXAS § COUNTY OF JEFFERSON § SECTION 1. PARTIES TO THE CONTRACT This agreement is made and entered into by and between the City of Port Arthur, Texas (hereinafter called the "City") acting herein by its Mayor and City Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and JAMES W. TURNER CONSTRUCTION, LTD (hereinafter called "CONTRACTOR") of Tomball, Texas. The parties hereto agree, by the execution hereof, that they are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. WITNESSETH THAT: WHEREAS, the Department of Housing and Urban Development annually award HOME Program funding to the City, pursuant to the Housing and Development Act of 1974, as amended(hereinafter called the "grant"); and, WHEREAS, under the terms of the grant, the City must ensure that all applicable state and federal requirements are met concerning the disbursement of funds to the CONTRACTOR, specifically as delineated in the Federal HOME and Community Development Block Grant Programs, 24 Code Federal Regulations 92 and 570 as delineated in the Administrative Requirements in 24 Code of Federal Regulations 85.36 and 85.37; and, WHEREAS, projects undertaken by the CONTRACTOR pursuant to this contract must principally be of direct benefit to low and moderate-income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the reconstruction of a new home for each property shall be contingent upon the homeowner's authorization, as evidenced by their signature on this agreement. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: SECTION 2. CONTRACT PERIOD A. This contract and agreement shall commence within 10 days from the issuance of a Notice to Proceed and shall terminate 90 working days from the Notice to Proceed start date,unless otherwise specifically provided by the terms of this contract. SECTION 3. CONTRACTOR'S PERFORMANCE A. The CONTRACTOR shall construct four (4) homes as delineated in Section 3B for low and moderate-income persons/families with projected appraised values of$190,000.00. This cost is based on the appraisals that have been completed. The 2/2 ADA house plans are 1249 sq. ft. living area. The houses will be completed within ninety (90) days from the start date of the Notice to Proceed. The homeowners will be required to maintain the property as their primary residence for the applicable period of affordability as identified in the Federal HOME and CDBG Program Regulations 24 Code of Federal Regulations Part 92.252(e), and 570, or the City will recapture all the Federal HOME and CDBG funds invested as identified in the HOME Program Regulations 24 CODE OF FEDERAL REGULATIONS 92, 570, and per the Administrative Requirements in 24 CODE OF FEDERAL REGULATIONS 85.36 and 85.37. B. The following homes are authorized for reconstruction: ADDRESS Cost of Construction Name of Homeowners 3237 156 Street $186,440.00 Kawana Wyatt 4011 15th Street $189,440.00 Liberio Alvarado 2649 106 Street $189,440.00 Deloris Williams 3418 15th Street $189,440.00 Wanda Green Total $754,760.00 Contingency $20,000.00 Days to Complete 4 homes 90 days Total $774,760.00 C. The CONTRACTOR shall perform all activities in accordance with the terms of the Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations, hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances, certifications, and all other statements made by the CONTRACTOR in its application for the project funded under this contract; and with all other terms, provisions, and THE CONTRACTOR SHALL: A. Contractor agrees to furnish all labor, materials, tools, machinery, qualified supervision and all other items and services necessary for satisfactory completion of specifications and agreements contained herein for the site clearance and reconstruction of structures and cleanup at the four (4) residential properties as applicable. B. Start the herein specified work within 10 days from the issuance of a Notice to Proceed and approval of all insurance and bonding requirements as delineated in Sec. "G". The date of completion is ninety (90)working days from the Notice to Proceed start date, time being of the essence. It is further understood that if the contract is not completed by the completion date, (or the said date as extended pursuant to provisions of this contract), the CONTRACTOR shall be assessed liquidated damages of one hundred fifty dollars ($500) per calendar day for each day the contract is not completed after , 2024. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of one thousand dollars ($1,000). If you opt not to set up an escrow account, you must pay as you dispose by cash or cashier's check. C. The term"Contract Documents"means and includes the following: 1. Agreement 2. General Information 3. Specifications 4. Addendum(s) if applicable 5. Bid 6. Bid Bond D. Perform all work in accordance with the terms of this AGREEMENT and the CONSTRUCTION SPECIFICATIONS attached hereto as Exhibit"F". E. Be responsible for obtaining all necessary general and special permits and pay any and all fees for said permits and any other fees, public or private, which may be required by the United States, the State of Texas, Jefferson County, or the City of Port Arthur,to satisfactorily complete the work as specified and agreed to herein. F. Furnish certificates of insurance to the City's Purchasing Agent evidencing that the CONTRACTOR has obtained Workman's Compensation, Performance Bonds, Payment Bonds, General Liability and Automobile Liability Insurance, which is required by the CITY for performance of the work specified here. Minimum amounts of such insurance to be obtained by the CONTRACTOR are as follows: 1. Statutory Texas Workman's Compensation Insurance (with waiver of subrogation in favor of the City, its officers, employees and agents. F. Furnish certificates of insurance to the City's Purchasing Agent evidencing that the CONTRACTOR has obtained Workman's Compensation, Performance Bonds, Payment Bonds, General Liability and Automobile Liability Insurance, which is required by the CITY for performance of the work specified here. Minimum amounts of such insurance to be obtained by the CONTRACTOR are as follows: 1. Statutory Texas Workman's Compensation Insurance (with waiver of subrogation in favor of the City, its officers, employees and agents. 2. Commercial General Liability occurrence type insurance (products/ completed operations coverage must be included and the City and its officers, employees, and agents must be named as an additional insured). 3. Commercial Automobile Liability (including owned, non-owned, and hired vehicles coverage). 4. Insurance: All insurance must be written by an insurer licensed to conduct business in the State of Texas,unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly indirectly employed by any of them, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits: a. Standard Workers Compensation Insurance; b. Commercial General Liability occurrence type insurance; the City of Port Arthur, its officers, agents and employees must be named as an additional insured; i. Bodily injury $500,000 single limit per occurrence of $500,00 each person/$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury of $1,000,000 single limit per occurrence or $500,000 each person/100,000,000 per occurrence for contracts in excess of $100,000; and, ii. Property Damage of $100,000 per occurrence regardless of contract amount; and, Qc. iii. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of$100,000. 5. Commercial Automobile Liability Insurance (including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 6. Contractor shall cause contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. 7. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE FORM should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen(15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract. G. BID SECURITY AND LIQUIDATED DAMAGES: 1. Bids shall be accompanied by a bid guarantee of not less than five percent(5%)of the amount of the total bid which shall be certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his hid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER. Furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract bonds and insurance are approved, and work has commenced within the time specified. 2. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required Insurance Documents within ten (10) days after the Notice of Award. Said period will be extended only upon written presentation to the OWNER within said period, of reasons which the sole direction of the OWNER justifies an extension. If said Contracts, bonds and insurance Documents are not received by the OWNER within said period if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the bidder shall be liable to the CITY for any excess cost to the OWNER over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and the Bidder shall be liable to the City for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. H. PERFORMANCE BOND, PAYMENT BOND, AND INSURANCE REQUIREMENTS 1. Due to the contract price, Performance and Payment bonds are required. Both the Performance and Payment bonds must be written for the total contract value(100%of the contract price). Said bonds should be executed by a corporate surety in accordance with the Texas Insurance Code prior to the commencement of the work. Any Attorney-in-fact that executes a bond must file with each bond a certified Copy of the Power of Attorney. said bonds must be furnished to the Purchasing Agent of the City of Port Arthur prior to the commencement of work. Additionally, certificated of insurance meeting the above listed insurance requirements must be submitted to the Purchasing Agent of the City of Port Arthur prior to the commencement of work. 2. Ensure that competent and qualified supervision is present on the job site at all times while work is in progress and that all demolition work is pursued in such a manner as to maximize the safety of all workmen, the general public and surrounding property. 3. Comply with the Civil Rights Act of 1964 and Section, 109 of the Housing and Community Development Act of 1974, to wit: No person in the United States shall, on the ground of race color, national origin, or sex be excluded from participation in, be denied the benefits of, or part with funds made available under this title. SECTION 4. THE CITY SHALL: CONSTRUCTION AND CLOSEOUT REQUIREMENTS: FOR CONSTRUCTION,PAYMENT WILL BE MADE IN THREE (3)PHASES: A. Inspect the construction work in progress to ensure that such work is being carried out in accordance with the terms of this AGREEMENT and the Federal HOME and CDBG Program Regulations per 24 CODE OF FEDERAL REGULATIONS 92, 570 and the CONSTRUCTION SPECIFICATIONS attached hereto. B. The City shall compensate the CONTRACTOR and implement CLOSEOUT REQUIREMENTS as follows: Except as hereinafter provided, payment for the Construction Contract will be made in progress payments as follows: 1. Payment one will be a minimum of fifty percent (50%) of total contract amount if at least one half (1/2) of the work provided under this Contract has been completed, inspected and accepted, less five percent 5%held in retainage. 2. Payment two will be a minimum of fifty percent (50%) of total contract amount if at least ninety percent (90%) of the work provided under this Contract has been completed, inspected and accepted, less five percent 5%held in retainage. 3. Final retainage payment will be five percent (5%) of each of the progress payment. This retainage will be held in escrow by the City for a maximum of thirty (30) days after satisfactory completion, inspection and acceptance of the Contract to guarantee the completion of work. Thirty (30) days after said completion, inspection and acceptance, final payment shall be made in a lump sum or total agreed price less the progress payment, if made, by check issued by the City of Port Arthur and made payable to the CONTRACTOR for the satisfactory completion, inspection and acceptance of the work, described herein. NOTE: Any payments are subject to satisfactory intermediate and final inspections by the City. Furthermore, an applicable request for payment must be made by the CONTRACTOR prior to each payment, as applicable. General Conditions: A. The CONTRACTOR shall be obligated to notify the City in writing within three (3) days from the start of any delay caused directly by acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God (including floods, earthquakes, hurricanes, tornadoes, and rain). In such cases, an extension of one (1) additional working day may be granted to the CONTRACTOR for each working day lost due to these causes. B. If for any reason, other than those specified above, the CONTRACTOR at any time fails for a period of five (5) consecutive working days to supply enough skilled workers or otherwise neglects to execute the work properly, the CITY, after these five (5) working days may give written notice to the CONTRACTOR terminating his contract. C. The CONTRACTOR shall repair or replace, if necessary, to the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas that may have suffered damage as a result of the CONTRACTOR'S or any of the subcontractor's operations. The CONTRACTOR shall leave these areas in a satisfactory and workmanlike condition, at least equal to that existing before the CONTRACTOR hereunder started his work. D. The CONTRACTOR agrees to indemnify and hold harmless the City of Port Arthur, Texas from any and all claims and damages of any and every kind for injury to or death of any person, and damages to property arising out of the demolition or reconstruction. E. Any amendments to this contract shall be written and must be executed by both the CITY and the CONTRACTOR prior to the implementation of any such change. F. This CONTRACT and AGREEMENT embodies and represents all of the rights, duties and obligations of the CITY and the CONTRACTOR and any oral or written agreements prior to the date first above written, not included or embodied herein shall be declared void and not be binding or of benefit to any of the parties herein mentioned. G. This CONTRACT and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. SECTION 5. PARTICULAR REQUIREMENTS: A. Other particular work requirements are contained in the CONSTRUCTION SPECIFICATIONS, if applicable. SECTION 6. CITY'S OBLIGATIONS Measure of Liability A. In consideration of full and satisfactory performance of the activities referred to in Section 3 of this contract, City shall be liable for actual and reasonable costs incurred by the ground of race color, national origin, or sex be excluded from participation in, be denied the benefits of, or part with funds made available under this title. SECTION 4. THE CITY SHALL: CONSTRUCTION AND CLOSEOUT REQUIREMENTS: FOR CONSTRUCTION, PAYMENT WILL BE MADE IN THREE (3) PHASES: A. Inspect the construction work in progress to ensure that such work is being carried out in accordance with the terms of this AGREEMENT and the Federal HOME and CDBG Program Regulations per 24 CODE OF FEDERAL REGULATIONS 92, 570 and the CONSTRUCTION SPECIFICATIONS attached hereto. B. The City shall compensate the CONTRACTOR and implement CLOSEOUT REQUIREMENTS as follows: Except as hereinafter provided, payment for the Construction Contract will be made in progress payments as follows: 1. Payment one will be a minimum of fifty percent (50%) of total contract amount if at least one half (1/2) of the work provided under this Contract has been completed, inspected and accepted, less five percent 5%held in retainage. 2. Payment two will be a minimum of fifty percent (50%) of total contract amount if at least ninety percent (90%) of the work provided under this Contract has been completed, inspected and accepted, less five percent 5%held in retainage. 3. Final retainage payment will be five percent (5%) of each of the progress payment. This retainage will be held in escrow by the City for a maximum of thirty (30) days after satisfactory completion, inspection and acceptance of the Contract to guarantee the completion of work. Thirty (30) days after said completion, inspection and acceptance, final payment shall be made in a lump sum or total agreed price less the progress payment, if made, by check issued by the City of Port Arthur and made payable to the CONTRACTOR for the satisfactory completion, inspection and acceptance of the work, described herein. NOTE: Any payments are subject to satisfactory intermediate and final inspections by the City. Furthermore, an applicable request for payment must be made by the CONTRACTOR prior to each payment, as applicable. General Conditions: A. If performance by the CONTRACTOR is prevented or delayed as a direct result of acts of a public enemy, acts of the property owner, fire, epidemics, or acts of God, such as floods, earthquakes, hurricanes, tornadoes and rain, an extension of one (1) working day of additional time will be allowed to the CONTRACTOR for each working day lost from the CONTRACTOR during the contract period for performances rendered under this contract by CONTRACTOR, subject to the limitations set forth in this Section 4. 1. It is expressly understood and agreed by the parties hereto that City's obligations under this Section 4 are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this contract. If adequate funds are not available to make payments under this contract, City shall notify CONTRACTOR in writing within a reasonable time after such fact is determined. City shall then terminate this contract and will not be liable for failure to make payments to CONTRACTOR under this contract. 2. City shall not be liable to CONTRACTOR for any costs incurred by CONTRACTOR, or any portion thereof, which has been paid to CONTRACTOR or is subject to payment to CONTRACTOR, or has been reimbursed to CONTRACTOR or is subject to reimbursement to CONTRACTOR by any source other than City or CONTRACTOR. 3. City shall not be liable to CONTRACTOR for any costs incurred by CONTRACTOR or for any performances rendered by CONTRACTOR which are not allowable costs as set forth in Section 6 of this contract. City assumes no responsibility to reimburse CONTRACTOR for any unauthorized expense incurred nor shall CONTRACTOR create any deficit in the name of City nor shall CONTRACTOR assign any payment due from City to any other party. 4. City shall only disburse funds to CONTRACTOR upon receipt of invoices from suppliers or contractors or other evidence approved by City's Housing Assistance staff. These invoices must be in accordance with Exhibit B of this contract. 5. City shall not be liable to CONTRACTOR for any costs incurred by CONTRACTOR for any performances rendered by CONTRACTOR which are not strictly in accordance with the terms of this contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this Contract. 6. City shall not be liable for costs incurred or performances rendered by CONTRACTOR before commencement of this contract or after termination of this contract. Limit of Liability A. Notwithstanding any other provision under this contract, the total of all payments and other obligations incurred by City under this contract shall not exceed the sum of Seven Hundred Seventy-Four Thousand, Seven Hundred Sixty Thousand Dollars & 00/100 ($774,760.00) which includes a $20,000.00 contingency for the reconstruction of four(4)homes. Other Federal Requirements (Subpart II) A. The City of Port Arthur's affirmative marketing program currently advertises in the local newspaper, fliers, brochures and seminars hosted by the City of Port Arthur according to Federal HOME and CDBG Program Regulations 24 Code of Federal Regulations 92.351 and 570. B. The City of Port Arthur advertises for minority and women's businesses in local newspapers according to Execute Orders 11625, 112432, 12138 and 24 Code of Federal Regulations 85.36 (e). SECTION 7. DISBURSEMENT OF FUNDS A. City will reimburse eligible costs incurred under this contract in accordance with the requirements as delineated in the Federal HOME and CDBG Program Regulations 24 CODE OF FEDERAL REGULATIONS 92 and 570. CONTRACTOR shall not request disbursement of funds under this contract until the funds are needed for payment of eligible costs and has all signed documentation required. The amount of each request must be limited to the amount needed and properly documented. B. It is expressly understood and agreed by the parties hereto that payments under this contract are contingent upon CONTRACTOR's full and satisfactory performance of its obligations under this contract. City reserves the right to recapture funds provided under this contract in the event that CONTRACTOR has been unable to commit funds before the end of this contract period. C. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 8. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND PROGRAM INCOME A. CONTRACTOR shall maintain records of the receipt, accrual, and disposition of all program income in the same manner as required for all other funds under this contract. CONTRACTOR shall provide reports of program income as/if applicable as requested by City and at the termination of this contract. B. CONTRACTOR shall be required to provide reports detailing the operation,performance and the eligible use and flow of Federal HOME and CDBG funds received by CONTRACTOR. C. CONTRACTOR must comply with applicable regulations under pursuant to the Federal HOME and CDBG Program Regulations 24 CODE OF FEDERAL REGULATIONS Part 92 and 570. SECTION 9. RETENTION AND ACCESSIBILITY OF RECORDS A. CONTRACTOR must establish and maintain sufficient records, as determined by City, to account for the expenditure and use of Federal HOME and CDBG funds. B. CONTRACTOR shall give the City, the Comptroller of the United States, or any of their duly authorized representatives, access to and the right to examine all books accounts, records, reports, files and other papers, things or property belonging to or in use by CONTRACTOR pertaining to this contract. Such rights to access shall continue as long as the records are retained by CONTRACTOR. CONTRACTOR agrees to maintain such records in an accessible location. C. All records pertinent to this contract shall be retained by CONTRACTOR for five (5) years following the date of termination of this contract or submission of the final close-out report,whichever is later. D. If any litigation, claim or audit is started before the expiration of the five (5) year period and extends beyond the five (5) year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. SECTION 10. REPORTING REQUIREMENTS A. CONTRACTOR shall submit to City such reports on the operation and performance of this contract as may be required by City including but not limited to the reports specified in this Section 8. CONTRACTOR shall provide City with all reports necessary for City's compliance pursuant to the Federal HOME and CDBG Program Regulations 24 CODE OF FEDERAL REGULATIONS Part 92 and 570. B. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if CONTRACTOR fails to submit to City in a timely and satisfactory manner any report required by this contract, City may, at its sole discretion, withhold any or all payments otherwise due or requested by CONTRACTOR hereunder. If City withholds such payments, it shall notify CONTRACTOR in writing of its decision and the reasons therefore. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by CONTRACTOR. SECTION 11. MONITORING A. The City reserves the right to monitor day to day construction operations of activities performed under this contract to assure compliance with applicable federal requirements and that performance goals are being achieved. Field inspections will be conducted to ensure compliance with the requirements of this contract and local, federal and state codes, ordinances and the CONSTRUCTION SPECIFICATIONS. CONTRACTOR shall attend a compliance meeting after the award of funds and prior to the first draw. If the monitoring reports indicate deficiencies in CONTRACTOR'S performances under the terms of this contract, the CONTRACTOR shall be required to immediately correct all deficiencies prior to the release of payment. Failure by CONTRACTOR to take action specified in the monitoring report may be cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. B. Monitoring CONTRACTOR provides a basis for assessing program operations and identifying problems. A secondary goal of monitoring is to obtain ongoing data for use in determining program achievement. Evaluations will summarize monitoring findings, program goals and measure progress toward those goals during the provisions of services. C. The City has responsibility for overall FEDERAL HOME and CDBG Programs performance and compliance, including the performance of a CONTRACTOR. Clear record keeping requirements for CONTRACTOR are essential for grant accountability. Responsibility for maintaining in-house records is assigned to the CONTRACTOR. D. The City shall meet all HUD requirements for the Federal HOME and CDBG Programs according to the 24 Code of Federal Regulations Part 92 and 570. E. Housing projects and activities will be monitored with on-site inspections on a day to day basis as follows to ensure compliance with Federal, State, local codes, ordinances, regulations and standards: a. On-site inspections and monitoring of construction activities are conducted on a day to day basis, by certified and qualified City staff to ensure homes are developed and provided in compliance with the following Building Codes: IRC 2021, IPC 2021, NEC 2020, IECC 2021 and IFC 2021, IMC 2021, ADA 2021, which ever are most current and all such associated codes that shall be complied with in producing. In addition, the most current specifications, codes, ordinances, regulations and standards will be enforced. b. Written documentation of construction progress, including pictures of all phases of construction are required. c. Critical inspections are conducted as follows: i. Footings, Termite Treatment and Foundations ii. Framing iii. Roofing iv. Plumbing v. Electrical vi. Mechanical vii. Sheet rocking viii. Painting&Trim ix. Installation of exterior siding(or brick veneer) x. Installation of cabinets and flooring xi. Landscaping d. Funds are not disbursed until phases of construction are inspected by Certified Inspectors, authorized representatives from the Development Services Department, Homeowner, with the CONTRACTOR in attendance. e. CONTRACTORS and Vendors performance are evaluated and reviewed prior to execution of agreements and annually. f. Other inspections are provided as required. SECTION 12. INDEPENDENT CONTRACTOR A. It is expressly understood and agreed by the parties hereto that City is contracting with CONTRACTOR as an Independent Contractor, and that CONTRACTOR, as such, agrees to hold City harmless and to indemnify City from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by CONTRACTOR under this contract. CONTRACTOR shall present proof of Directors and Officers Insurance. SECTION 13. SUBCONTRACTS A. Except for subcontracts to which the federal labor standards requirements apply, CONTRACTOR may not subcontract for performances described in this contract without obtaining City's written approval. CONTRACTOR shall only subcontract for performances described in this contract to which federal labor standards requirements apply after CONTRACTOR has submitted a Subcontractor Eligibility Form, as specified by City, for each proposed subcontract, and CONTRACTOR has obtained City's prior written approval,based on the information submitted, of CONTRACTOR's intent to enter into such proposed subcontract. CONTRACTOR, in subcontracting for any performances described in this contract, expressly understands that in entering into such subcontracts, City is in no way liable to CONTRACTOR's subcontractor(s). B. In no event shall any provision of this Section 11, specifically the requirement that CONTRACTOR obtain City's prior written approval of a subcontractor's eligibility, be construed as relieving CONTRACTOR of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this contract, as if such performances rendered were rendered by CONTRACTOR. City's approval under Section 11 does not constitute adoption, ratification, or acceptance of CONTRACTOR's or subcontractor's performance hereunder. City maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, City does not waive any right of action which may exist or which may subsequently accrue to City under this contract. C. CONTRACTOR shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract. SECTION 14. CONFLICT OF INTEREST No person who (1) is an employee, agent, consultant, officer or elected or appointed official of the City of Port Arthur or any applicant that receives funds and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this contract or (2) who is in a position to participate in a decision making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from a State HOME Disaster Program, Federal HOME and CDBG assisted activity, or have an interest in any contract, subcontract, or agreement (or proceeds thereof) with respect to a State HOME Disaster Program, Federal HOME and CDBG assisted activity either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. CONTRACTOR shall ensure compliance with applicable provisions under 24 CODE OF FEDERAL REGULATIONS 85.36, 92, 570 and OMB Circular A-110 in the procurement of property and services. SECTION 15. NONDISCRIMINATION AND SECTARIAN ACTIVITY A. Equal Opportunity. CONTRACTOR shall ensure that no person shall on the grounds of race, color, religion, sex, handicap, familial status, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds provided under this contract. In addition, funds provided under this contract must be made available in accordance with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)that: 1. To the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any project assisted with HOME funds provided under this contract be given to low-income persons residing within the City of Port Arthur; and 2. To the greatest extent feasible, contracts for work to be performed in connection with any such project be awarded to business concerns, including, but not limited to, individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance, or repair, which are located in or owned in substantial part by persons residing in the City of Port Arthur. B. Religious Organizations. Funds provided under this contract may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, funds provided under this contract may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. Funds provided under this contract may not be used to rehabilitate or construct nonresidential owned by primarily religious organizations except as provided in Section 22 of this contract. The completed housing or nonresidential building(s) must be used exclusively by the owner entity for secular purposes and must be available to all persons regardless of religion. There must be no religious or membership criteria for either tenants or users of the property as specified in Federal HOME and CDBG Program Regulations, 24 CODE OF FEDERAL REGULATIONS 92.257 and 570. SECTION 16.LEGAL AUTHORITY A. CONTRACTOR assures and guarantees that CONTRACTOR possesses legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services CONTRACTOR has obligated to perform hereunder. B. The person or persons signing and executing this contract on behalf of CONTRACTOR, or representing themselves as signing and executing this contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she or they have been duly authorized by CONTRACTOR to execute this contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms,performances, and provisions herein set forth. C. CONTRACTOR shall not employ, award contract to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing and Urban Development. In addition, City shall have the right to suspend or terminate this contract if CONTRACTOR is debarred, proposed for debarment, or ineligible from participating in the Federal HOME and CDBG Programs. SECTION 17. LITIGATION AND CLAIMS CONTRACTOR shall give City immediate notice in writing of 1) any action, including any proceeding before an administrative agency filed against CONTRACTOR in connection with this contract; and 2) any claim against CONTRACTOR, the cost and expense of which CONTRACTOR may be entitled to be reimbursed by City. Except as otherwise directed by City, CONTRACTOR shall furnish immediately to City copies of all pertinent papers received by CONTRACTOR with respect to such action or claim. SECTION 18. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the terms of this contract shall be by submission of requests for an amendment hereto in writing, and must be submitted to Council for approval before any alteration, additions, or deletions to the terms of this contract can be executed by both parties to this contract. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to City by CONTRACTOR, and the assurances and certifications made to the United States Department of Housing and Urban Development by the City of Port Arthur with regard to the operation of the Federal HOME and CDBG Programs. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract are by the provisions of the Federal HOME and CDBG Programs and any amendments thereto and may further be amended in the following manner: City may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by the City Manager when authorized by the City Council of Port Arthur in the form of HOME issuances shall have the effect of qualifying the terms of this contract and shall be binding upon CONTRACTOR, as if written herein, provided however that said policy directives and any amendments to the Federal HOME and CDBG Programs shall not alter the terms of this contract so as to release City of any obligation specified in Section 4 of this contract to reimburse costs incurred by CONTRACTOR prior to the effective date of said amendments or policy directives. C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or state law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. D. Additional addendums are forthcoming (and will be provided), as identified and outlined in the U.S. Department of Housing & Urban Development's regulations and requirements in the Federal HOME and CDBG Programs, 24 CODE OF FEDERAL REGULATIONS 92 and 570. SECTION 19. BREACH OF CONTRACT A. If through any cause, the CONTRACTOR shall fail to fulfil in a timely and proper manner his obligation under this contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen(15) days before the effective date of such termination .Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the CONTRACTOR, and the City may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the City from the CONTRACTOR is determined. SECTION 20. SUSPENSION AND TERMINATION A. In the event CONTRACTOR fails to comply with any terms of this contract, City may, upon written notification to CONTRACTOR, suspend this contract in whole or in part and withhold further payments to CONTRACTOR, and prohibit CONTRACTOR from incurring additional obligations of funds under this contract. B. The City may terminate this contract in whole or in part in writing to the CONTRACTOR in accordance with the Federal HOME and CDBG Program Regulations and 24 Code of Federal Regulations Part 85.43 and this Section. In the event CONTRACTOR materially fails as determined by the City to comply with any terms of this contract, whether stated in a Federal statute or regulation, an assurance, in a City plan or application, a notice of award, or elsewhere, City may take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by CONTRACTOR or take more severe enforcement action against CONTRACTOR. 2. Disallow all or part of the cost of the activity or action not in compliance. 3. Withhold further HOME and CDBG Program awards from CONTRACTOR. 4. Take other remedies that may be legally available as determined by the City, to comply with the terms of this contract, City may terminate this contract for convenience in accordance with the Federal HOME and CDBG Program Regulations and 24 CODE OF FEDERAL REGULATIONS 85.44. This contract may be terminated at any time when both parties agree that the continuation of the performances would not produce beneficial results commensurate with further expenditure of funds. Termination shall occur (30) days after the parties agree to terminate. The CONTRACTOR shall not incur any new obligations once an agreement to terminate is reached and shall cancel all outstanding obligations. The CONTRACTOR will be reimbursed for expenses incurred to the date of termination provided grant funds are available. 5. If the Contractor is terminated by the City as provided herein, the CONTRACTOR will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the CONTRACTOR, the previous paragraph hereof relative to termination shall apply. SECTION 21. AUDIT A. Unless otherwise directed by City, CONTRACTOR shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: A. As a part of its audit, CONTRACTOR shall verify expenditures according to the Budget attached as Exhibit B. B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this contract. CONTRACTOR agrees to permit City or its authorized representative to audit CONTRACTOR's records and to obtain any documents, materials, or information necessary to facilitate such audit. C. CONTRACTOR understands and agrees that it shall be liable to City for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this contract. CONTRACTOR further understands and agrees that reimbursement to City of such disallowed costs shall be paid by CONTRACTOR from funds which were not provided or otherwise made available to CONTRACTOR under this contract. D. CONTRACTOR shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as City may require of CONTRACTOR. E. All approved HOME audit reports shall be made available for public inspection within 30 days after completion of the audit. SECTION 22. ENVIRONMENTAL CLEARANCE REQUIREMENTS A. CONTRACTOR understands and agrees that by execution of this contract CONTRACTOR shall be responsible for providing to City all information, concerning this HOME funded project, required for City to meet its responsibilities for environmental review, decision making, and other action which applies to City in accordance with and to the extent specified in 24 CODE OF FEDERAL REGULATIONS, Part 58. In accordance with 24 CODE OF FEDERAL REGULATIONS 58.77(b), CONTRACTOR further understands and agrees that CONTRACTOR shall make all reasonable efforts to assist City in handling inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. SECTION 23. LABOR STANDARDS A. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. mandates that HUD ensures employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low and very—low income persons, particularly those who are recipients of government for housing. The regulations are found at 24 Code of Federal Regulations Part 135. The CONTRACTOR is required to comply with Section 3 requirements. The City of Port Arthur will monitor CONTRACTOR's performance for compliance with Section 3. CONTRACTOR must provide documentation of compliance and submit the completed Section 3 form 6002. This information will be collected annually to assist HUD in meeting1its reporting requirements under Section 808(e) (6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. B. Copeland Anti-Kickback Act: CONTRACTOR shall comply with all applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Copeland Anti-Kickback Act" of May 13, 1934, (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or modifications thereof, and shall cause appropriate provisions to be inserted in any contracts or Subcontracts pursuant to the performances under this contract to ensure compliance therewith by all CONTRACTORS and SUBCONTRACTORS thereto. SECTION 24. SPECIAL CONDITIONS A. City shall not release any funds for costs incurred by CONTRACTOR under this contract until City has received certification from CONTRACTOR that its fiscal control and fund accounting procedures are adequate to assure proper disbursal of and accounting for funds provided under this contract. City shall specify the content and form of such certification. B. Repayment. CONTRACTOR agrees that all repayments, including all interest and other return on the investment of State HOME Disaster Program, Federal HOME and CDBG Program funds will be made to City. City reserves the right to permit CONTRACTOR to retain interest or return on investment of Federal HOME and CDBG Program funds for additional eligible activities by the CONTRACTOR. C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand on the date of termination, and all accounts receivable attributable to the use of funds received under this contract shall revert to City. CONTRACTOR shall return these assets to City within seven (7)business days after the date of termination. D. Enforcement of Contract. City shall not release any funds for any costs incurred by CONTRACTOR for land acquisition under this contract until City has received from CONTRACTOR a Settlement Statement (HUD 1) indicating the costs associated with the purchase, if applicable. SECTION 25. ORAL AND WRITTEN CONTRACTS A. All oral and written contracts between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained in this contract. B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by CONTRACTOR in accordance with Section 3 of this contract: 1. Exhibit A, Performance Statement 2. Exhibit B, Budget 3. Exhibit C, Project Implementation Schedule 4. Exhibit D, Applicable Laws and Regulations 5. Exhibit E, Certifications 6. Exhibit F, Construction Requirements 7. Exhibit G, Construction Specifications SECTION 26. VENUE For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas. SECTION 27.ADDRESS OF NOTICE AND COMMUNICATIONS City of Port Arthur James W. Turner Construction, LTD 444 4th Street 14215 Mary Jane Lane Port Arthur, Texas 77640-1089 Tomball, Texas 77377 Ronald Burton ATTN: James W. Turner City Manager 281-290-9011 SECTION 28. CAPTIONS Each paragraph of this contract has been supplied with a caption to serve only as a guide to contents. The caption does not control the meaning of any paragraph or in any way determine its interpretation or application. SECTION 29. COMPLIANCE WITH FEDERAL, STATE,AND LOCAL LAWS CONTRACTOR shall comply with all Federal, State and local laws, statutes, ordinances, rules, regulations, orders and decrees of any court or administrative body or tribunal related to the activities and performances of CONTRACTOR under this contract. Upon request by City, CONTRACTOR shall furnish satisfactory proof of its compliance herewith. SIGNED AND AGREED to on the day of , 2024. APPROVED AS TO FORM: By: Roxann Pais Cotroneo, City Attorney CI OF OR HU BY7 avn.. I . (� Ronald Burton, CPM City Manager ATTEST: By: Sherri Bellard, City Secretary SIGNED AND AGREED to on the day of , 2024. CONTRACTOR J W Turner Construction, LTD By: James W. Turner, President SIGNED AND AGREED to on the day of , 2024. HOMEOWNER, By: Kwana Wyatt 3237 15th Street Port Arthur, Texas 77642 SIGNED AND AGREED to on the day of , 2024. HOMEOWNER By: Liberio Alverado 4011 15th Street Port Arthur, Texas 77642 SIGNED AND AGREED to on the day of , 2024. HOMEOWNER By: Deloris Williams 2649 10`h Street. Port Arthur, Texas 77640 SIGNED AND AGREED to on the day of , 2024. HOMEOWNER By: Wanda Green 3418 15th Street Port Arthur, Texas 77640 B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR, TEXA_, 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, August 28, 2024 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, August 28, 2024 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: RECONSTRUCTION OF 4 PROPERTIES AT 323715TH STREET, 4011 15TH STREET, 2649 10TH STREET AND 3418 15TH STREET Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, AUGUST 15, 2024 AT 11:00 A.M. AT THE CITY HALL COUNCIL CHAMBERS 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. Clifton Williams C(( Purchasing Manager FIRST PUBLICATION: August 7, 2024 SECOND PUBLICATION: August 14, 2024 C EXHIBITS A-G EXHIBIT "A" PERFORMANCE STATEMENT CONTRACTOR shall carry out the following activities identified in the Federal HOME and CDBG Program Regulations in 24 Code of Federal Regulations Part 92 and Federal Community Development Block Program in 24 CFR 570 : JAMES W. TURNER CONSTRUCTION, LTD shall assist in carrying out the mission of the City of Port Arthur Development Services Department, Division of Housing and Neighborhood Revitalization to eliminate blight, provide decent, safe, sanitary and affordable housing for low and moderate income persons/families (80% AMI) within the City of Port Arthur with the eligible use Federal HOME and CDBG Program funds. In addition, funds are being provided for the construction of four (4) homes for homeowners, costs in the total amount of Seven Hundred Seventy-Four Thousand Seven Hundred Sixty Dollars and NO/100, $774,760.00 (includes a $20,000.00 contingency) and is being provided as delineated in Exhibit"B"from Federal HOME and CDBG Programs. It is further understood that any costs above the contract amount incurred by the JAMES W. TURNER CONSTRUCTION, LTD, for these activities shall be paid for with private or other funds. All costs delineated are subject to Federal Statutes, Code of Federal Regulations and HUD Guidelines as to CONTRACTOR activities and shall not exceed said guidelines, as amended and any provisions of fees in excess thereof are void. All homes shall have a ten (10) year builder's warranty on the foundation, two (2) year warranty on the mechanics and one (1) year warranty on the workmanship. The necessary precautions including retainages and applicable bonds will be obtained from contractors as to ensure performance and avoid liens. EXHIBIT "B" BUDGET JAMES W. TURNER CONSTRUCTION, LTD 14215 Mary Jane Lane, Tomball, Texas 77377 281-290-9011 Reconstruction Activities (four (4) homes) ADDRESS Cost of Construction Name of Homeowners 3237 15th Street $186,440.00 Kawana Wyatt 4011 15th Street $189,440.00 Liberio Alvarado 2649 10th Street $189,440.00 Debris Williams 3418 15th Street $189,440.00 Wanda Green Total $754,760.00 Contingency $20,000.00 Days to Complete 4 homes 90 days Total $774,760.00 EXHIBIT "C" Project Implementation Schedule Contractors Name James W. Turner JAMES W. TURNER CONSTRUCTION, LTD CONTRACT START DATE , 2024 CONTRACT ENDING DATE: , 2025 Home Owner Activities 1 2 3 4 5 6 7 8 9 10 11 12 Site Preparation Construction Activities EXHIBIT "D" The Applicable Laws and Regulations CONTRACTOR shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by CONTRACTOR under this contract including but not limited to the laws, and regulations specified in Section I through IV of this Exhibit D. I. CIVIL RIGHTS The Fair Housing Act (42U.S.C. 3601-20) and implementing regulations at 24 CODE OF FEDERAL REGULATIONS part 10; Executive Order II063, as amended by Executive Order 11063, as amended by Executive Order 12259 (3 CODE OF FEDERAL REGULATIONS, 1958-1963 Comp., 652 and 3CODE OF FEDERAL REGULATIONS, 1980 Comp., p. 307) (Equal Opportunity in Housing and implementing regulations at 24 CODE OF FEDERAL REGULATIONS, Part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on Federally Assisted Programs) and implementing regulations issued at 24 CODE OF FEDERAL REGULATIONS, Part 1; Executive Order 11063, as amended by Executive Order 12259, and 24 CODE OF FEDERAL REGULATIONS part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or 24 CODE OF FEDERAL REGULATIONS, Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CODE OF FEDERAL REGULATIONS 107.60; The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations t 24 CODE OF FEDERAL REGULATIONS, Part 146, and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CODE OF FEDERAL REGULATIONS, Part 8; The requirements of Executive Orders 1246 (3 CODE OF FEDERAL REGULATIONS 1964-65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations issued at 4I CODE OF FEDERAL REGULATIONS, Chapter 60. The requirements of Executive Orders 11625 and' 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, each applicant must make efforts to encourage the use of minority and women's business enterprises in connection with HOME funded activities. Each Contractor must prescribe procedures acceptable to the State to establish activities to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. The Contractor/Subcontractor will be required to identify contracts which have been bid by minority owned, women owned, and/or small disadvantaged businesses. The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 CODE OF FEDERAL REGULATIONS, Part 8. By signing this contract, Contractor understands and agrees that the activities funded herein shall be operated in accordance with 24 CODE OF FEDERAL REGULATIONS, Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. II. LEAD-BASED PAINT Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831). III. ENVIRONMENTAL STANDARDS Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 CODE OF FEDERAL REGULATIONS Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982); National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) and 40 CODE OF FEDERAL REGULATIONS Parts 1500-1508; The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as amended; particularly Section 106 (16 U.S.C. Sec. 4700; Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Reg. 8921),particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16 U.S.C. Sec. 469a-1), as amended by the archeological; and Historic Preservation Act of 1974; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a(a) and Sec. 4106(a); Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(and); Executive Order 11990 Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961), particularly Section 2 and 5; The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and(d); The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and(21 U.S.C. Sec. 349) as amended,particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303 (e); The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 U.S.C. Sec. 1536)); The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended, particularly Section 7(b) and(c) (16 U.S.C. Sec. 1278(b) and(c)); The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section 176(c) and (d) (42 U.S.C. Sec. 7506(c) and(d)); Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et. seq.) 24 CODE OF FEDERAL REGULATIONS Part 51, Environmental Criteria and Standards. IV. ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C., Sec. 4601 et. seq.), 49 CODE OF FEDERAL REGULATIONS Part 24, and 24 CODE OF FEDERAL REGULATIONS Section 570.49a(55 Fed. Reg. 29309 (July 18, 1990). EXHIBIT "E" Certification Regarding Lobbying for Contracts, Grants,Loans, and Cooperative Agreements The undersigned certifies, to the best of his knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all CONTRACTORs shall certify and disclose accordingly. This certification is material representation of fact which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$100,000 for each such failure. Signed: Name: JAMES W. TURNER Company: JAMES W. TURNER CONSTRUCTION, LTD—(281) 290-9011 Docusign Envelope ID DFF04301-BA67-4C3B-9A8C-AC64E4771F9D EXHIBIT "E" Certification Regarding Lobbying for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his knowledge and belief,that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all CONTRACTORS shall certify and disclose accordingly. This certification is material representation of fact which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$100,000 for each such failure. DoeuSiOne'dby: tt'S w. fil .�'ident 10/30/2024 1 11:42 AM PDT Signed: se�,irq� Name: ACES W. TURNER Company: JAMES W. TURNER CONSTRUCTION,LTD—(281) 290-9011 4 Docusign Envelope ID:DFF04301-BA67-4C3B-9A8C-AC64E4771F9D EXHIBIT F TEXAS GOVERNMENT CODE (SECTION 2306.514) Construction Requirements Sec. 2306.514. CONSTRUCTION REQUIREMENTS FOR SINGLE FAMILY AFFORDABLE HOUSING. (a) If a person is awarded state or federal funds by the department to construct single family affordable housing for individuals and families of low and very low income, the affordable housing identified on the person's funding application must be constructed so that: (1)At least one entrance door,whether located at the front, side, or back of the building: (A) is on an accessible route served by a ramp or no-step entrance; and (B)has at least a standard 36-inch door; (2) On the first floor of the building: (A) each interior door is at least a standard 32-inch door, unless the door provides access only to a closet of less than 15 square feet in area; (B) each hallway has a width of at least 36 inches and is level, with ramped or beveled changes at each door threshold; (C) each bathroom wall is reinforced for potential installation of grab bars; (D) each electrical panel, light switch, or thermostat is not higher than 48 inches above the floor; and (E)each electrical plug or other receptacle is at least 15 inches above the floor; and (3) if the applicable building code or codes do not prescribe another location for the breaker boxes, each breaker box is located not higher than 48 inches above the floor inside the building on the first floor. (b) A person who builds single family affordable housing to which this section applies may obtain a waiver from the department of the requirement described by Subsection(a)(1)(A) if the cost of grading the terrain to meet the requirement is prohibitively expensive. Housing built in accordance with the plans for the 2017 version of 2 bedrooms 2 baths prepared by this office for the City of Port Arthur dated October 21, 2020, when used in conjunction with outline specifications of same date, comply with the provisions of the Texas Government Code 2306.514 Construction Requirements for Single Family Affordable Housing. Signed: by: EDocuStgbed t,S U . TIOAstident 10/30/2024 1 11:42 AM PDT Name: JAIV Sir` 4 URNER Company: JAMES W. TURNER CONSTRUCTION, LTD h r.I �11 J! IJf�IG EXHIBIT G City of Port Arthur, Texas Housing Assistance Programs TEXAS MINIMUM CONSTRUCTION SPECIFICATIONS 1.0 OVERVIEW The purpose of the Texas Minimum Construction Specifications is to ensure that all applicants who receive new or rehabilitation construction housing through programs funded by the Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) live in housing which is safe, decent and affordable. Furthermore, the Texas Minimum Construction Specifications should ensure the investment of public and homeowner funds as it is designed to lengthen the term of affordability and preserve habitability. However, City Of Port Arthur (COPA) has the specifications for IRC 2021, IPC 2021, NEC 2020, IECC 2021 and IFC 2021, IMC 2021, ADA 2021 and all such associated codes that shall be complied with in producing. In addition, the most current specifications, codes, ordinances, regulations and standards will be enforced. As applicable, there will be 2 elevation reports required. (1) At the beginning to determine the base flood elevation and (2) a final elevation report that shows that the residence is at the proper BFE and that all machinery and equipment are at least 1 ft above the BFE. This is a FEMA requirement that the City of Port Arthur must have with each location for their audit when asked for. 2.0 DEFINITIONS AND ACRONYMS 1. Certificate of Final Inspection - known as Certificate of Occupancy. 2. Final Inspection - the last inspection to clear project [release]. 3. Electrical - all electrical equipment must be UL listed equipment. 4. Hardware - all hardware must be in operating condition. New keys must be turned over to homeowner when work is completed. 5. CDBG — Community Development Block Grant of the U.S. Department of Housing and Urban Development. 6. Home Program - the HOME Investment Partnerships Program of the U.S. Department of Housing and Urban Development. 7. NSP — Neighborhood Stabilization Program of the Texas Department of Housing and Community Affairs. 8. IRC - see all associated codes. 9. Notice to Proceed- formal instruction from Contract Administrator or designer. 10. Plumbing-plumbing equipment must be UL listed equipment. 11. Scope of Work- description of City intent or purpose of work. 12. TDHCA-an acronym for Texas Department of Housing and Community Affairs. 13. TMCSS - an acronym for Texas Minimum Construction Standards and Specifications. 14. Work Covered - all new and remodeled construction work in the "work write-up" and plans. 3.0 THE CONTRACTING PROCESS (for Rehabilitation Projects only) Substitutions can be used with the approval of the Port Arthur Building Official — UL Listed. The technology must be updated and the substituted material must be of the same strength. A month before bids are opened and surveys are completed, Invitation to Bid, Bid Opening, and Contract Awards are considered. Bidder must provide the Contract Administrator with the following within 10 days or soon after the contract is awarded: 1. A list of subcontractors who are licensed and insured with the State of Texas. 2. Certificates of Insurance from the issuing company showing current coverage stipulated in the contract documents. The Certificate of Insurance must also include a statement to that effect that a thirty (30) day notice of cancellation of insurance must be given to the Contract Administrator with the following: a. General liability with completed operational coverage of at least one hundred thousand dollars ($100,000). Plumbing — Minimum $300,000 — Electrical - $900,000 - HVAC - As required by State regulations and in compliance with the scope of work. b. Vehicle liability insurance(full coverage). c. Statutory Workman's compensation. Notice to Proceed - The Contractor will begin work within ten (10) days of the issuance of the Notice to Proceed(unless otherwise stipulated). The number of work days must be set out in the contract. If work is not finalized by the City Inspector or flaws are observed (48 hours to correct) upon completion of the work and acceptance by the Contract Administrator and the homeowner; the Certificate of Final Inspection and verification is issued and the Warranty Period begins. Thirty (30) days after the issuance of the Final Inspection and verification, all retainage, "money or forms of payment towards completion fees of inspection", is released to the Contractor, except in cases where it is determined that the retainage should not be released. 4.0 COMPENSATION Payments are made when the project reaches 40% or 80%, and 100% upon completion of inspections and at thirty(30) days after the Final Inspection and verification is issued. All requests for payments will be made as follows: The Contractor will submit in writing to the Contract Administrator, a list of items, their costs, and a sum of the item costs for work to be paid. This will be based on completed items only from the schedule of values submitted by the Contractor prior to construction, or the Itemization of Bid Form if no schedule is submitted. The Contract Administrator will inspect such work as soon as possible(usually within one(1)business day) from receipt of such request by the Contractor. The Contract Administrator will provide a completed Progress Payment form for signature to the Contractor for work for which payment is authorized. The Contract Administrator will then request the homeowner to execute the Progress Payment form. The Contract Administrator will normally pay the Contractor within ten (10) calendar days from the date of the owner's signature. Payment will be issued based on the Contract Administrator's Financial Department's pay day schedule. All work must be done by licensed, insured contractors and accomplished with care and in a workmanlike manner. All materials must be new(unless otherwise specified in the Project manual) and of a good quality. Product Submittals - contractor must provide samples to the Homeowner for selection for all materials as cited in the individual specifications and provide reasonable time to the homeowner to make selections. Contractor must provide written submittal with the homeowner's signature of approval to the Contract Administrator. Items to be submitted for approval: paint, flooring materials, brick, shingles, color of vinyl siding, counter tops, appliances or any other item which can be selected according to style, color or other factor but not affecting the price or quality of such item. 5.0 PROJECT CLOSE-OUT Remove all construction debris from the site daily. Clean and mop all resilient floors. Clean all new and existing paint from other finished surfaces including window glass and mirrors. Operating Items: Leave all newly installed items in operating condition, light, gas, water heater pilots, and gas heater pilots, all systems should be ready to start Preparation of Structure: Prepare structure for homeowner's occupancy. Utilities: Use existing or provide at Contractor's expense if existing is insufficient. Homeowner must provide all existing utilities as is and must be responsible for continuous maintenance and payment of existing utilities. Contractor will be responsible to determine utility needs to provide adequate sanitary facility and to safely operate equipment at all times on site. Unforeseen damage or Change in Scope of Work: Discovery of defective elements made known to the Contractor before or during the construction process must be brought to the immediate attention of the Contract Administrator in writing. When repairs are made, the repairs must reasonably match the surrounding materials in original design and dimension as approved by the Contract Administrator. Where additional work is necessary to make repairs or to correct unforeseen dangerous conditions, the Contractor must submit to the Contract Administrator a work write-up of the work, cost of such work, and the time necessary for such work. Unless it is determined there exists an immediate health and safety danger, NO WORK MUST BE AUTHORIZED until agreed upon in writing by the homeowner, Contractor, and Contract Administrator. Compensation for additional work will be negotiated in the following manner: 1. The deletion of work proposed,but not started; or if that is not possible; 2. An increase to the dollar amount of the contract, however, approval of such increase require the homeowner, contractor, Contract Administrator, and State of Texas HOME program written approval. 3. Additional work - no other work must be done to the project other than the work agreed upon in writing by the homeowner, Contract Administrator and contractor or as necessary to remove immediate health and safety dangers during the construction phase. 6.0 THE JOB SITE At the job site the contractor must obtain and display all permits and inspection tags as required by the local Inspection Department. The Contractor must use the site and its facilities only for the construction stipulated in the "work write-up". The electrical, sanitary waste, water, and gas systems must be used only for construction purposes and during the construction phase or during warranty work. Any discrepancy in the contract documents must immediately be brought to the attention of the Contract Administrator. All contractors must display signage upon vehicles as state law requires. All contractors must be licensed and insured with the City of Port Arthur, and in line with State Boards of Licensure and Contracts. 7.0 SITE WORK 7.1 Materials: All on-site "fill" material must be soil or soil rock mixture which is free of organic matter or other deleterious substances. It must contain no rocks or lumps over 6 inches in greatest dimension, and not more than 15% must be larger than 3 ft 9 inches in greatest dimension. Imported "fill" material- must conform to 2.1 but must have a maximum particle size of 2 inches in greatest dimension. Fill must have a plasticity index (PI) of 12 or better unless placed under a foundation in which case the PI should be 2. (The plasticity index (PI) is a measure of the plasticity of a soil.) 7.2 Methods: Exterior: The site must remain in a clean and neat condition at all times and at the end of the project must be cleared of all material, trash, and debris. Planting of grass must not be permitted until all clean-up is complete. Demolition: Debris and structures must be removed completely from premises and site must be leveled and clean so as to prevent the ponding of water. Excavating: Excavate to grade specified in the drawings. Where excavations are not shown in drawings, excavate as required form installation. Depressions resulting from removal of site obstructions must be filled as necessary to level site to original or specified grade with minimum of 60/40 mixture of sand. Sub-grade preparation: Clearing, scarifying, and re-compaction must be completed as specified, if not specified it must be completed as required for installation. Structural fill must be compacted to 98% and in line with shop drawings. Paved areas must have a minimum of 6 inches of"fill" compacted to 90%. 8.0 CONCRETE: 8.1 Materials: All concrete must have minimal-28 day compression strength of 3500 psi with a maximum slump of 6 inches. All reinforcing steel must comply with ASTM designation A 615 Grade 40, and must be clean and free of rust. All welded steel wire fabric must comply with ASTM designation A 185. Concrete must not be placed over grass, roots, or foreign materials. All Portland cement must comply with the requirements of ASTM C150, CSA A-5, or AASHTO M85. Cement used at or below grade must comply with the requirements of Type 1. Cement used above grade must comply with Type 1. "Fill" dirt must be clean, compacted, and free of harmful materials. All materials used for concrete forms must be sound and clean and must be removed after the concrete reaches final set. Voids and honeycombed surfaces must be filled with cement grout. All concrete is to be poured when the temperature is at forty degrees Fahrenheit (40 F) or above and rising. If the surface temperature is over ninety degrees Fahrenheit (90 F) steps to cool the surface such as watering will be taken as required 8.2 Methods: Piers and Pads • Piers must be solid, monolithic, reinforced concrete with minimum dimensions of 8 inches x 8 inches x (d+4 inches). (d= distance from bottom of sill to existing ground surface - minimum of 12 inches). If pier is placed on pad, minimum dimension must be 8 inches x 8 inches x d. Termite shields are required, 8 inches x 8 inches x 16 inches hollow concrete with gauge 14 strap wind storm approved. Seal empty cells with concrete 2500 psi. • Pads must be monolithic concrete pad, 16 inches x 16 inches x 4 inches. They must be set on firm prepared soil below existing ground surface, 24 inches x 24 inches x 8 inches, minimum of 1 inch below natural ground; must be secured to the blocking with minimum 3# rebar. Termite shields required. • All piers must have termite pans. Steps • All steps must have treads, minimum of 10 inches and a maximum rise of 7 inches. They must span full width of door opening or they must be minimum 36 inches wide at porches. • Pre-cast steps must be standard size with no defects. They must be set level with concrete bases under each corner. When set, the rise from the top step to the wearing surface must be the same as the rise for the steps or be in the wearing surface plane. • Hollow poured steps must be formed and poured over an 8 inch x 16 inch footer. Wall thickness must be a minimum of 4 inches. The treads must be broom finished. • See attachment on stairs,patios, decks, for flood prone areas. (FEMA Requirement) Slab on Grade • All concrete slabs must be poured monolithically and be a minimum of 4 inches thick. Reinforcing must be 6 inches X 6 inches, # 6 Welded wire fabric unless otherwise specified. Top of slab poured on existing grade must be a minimum of 1/2 inch above surrounding soil level. All slab designs and executions must concur with the requirements of the International Residential Code 2006. • Before concrete is poured, a slab inspection must be requested from the Contract Administrator and then must pass inspection. All slabs and driveways must meet Contract Administrator codes and be inspected. • Walks must be poured monolithic to expansion joints. Reinforcing must be 6 inch x 6 inch, # 10 welded wire fabrics. Width must be a minimum of 36 inches wide with a broom finish. Control joints must be spaced the width of the walk. Expansion joints must be spaced at a maximum of 20 ft. at all radius points, elevation changes (i.e. steps, porches, etc.) and at back of curb. Expansion joint material can be 1/2 inch asphalt impregnated material or 1/2 inch redwood. Slab thickness must be a minimum of 4 inches. • Driveways must be monolithic poured slab with a broom finish and a minimum thickness of 4 inches; Reinforcing must be 6 inch x 6 inch # 10 welded wire fabrics. The slab will be poured on a 2 inch sand cushion(compacted). Expansion joints will be spaced a maximum of 20 linear feet not to exceed 30 sq. yards in one block. Expansion joints will be used at all radius points, sidewalk intersections, and house slab tie-ins. Expansion joint materials can be 1/2 inch , asphalt impregnated material or 1/2 inch redwood. • Exterior beams must have a minimum width at top of beam of 18 inches, and may taper down to 14 inches at the bottom. Exterior beams to have a minimum of 4, #5 (5/8 inch) rebar's, two (2) at the top and two (2) at the bottom, set on 3/8 inch stirrups or #6 wire mesh cut to fit. Exterior beam must extend a minimum of 6 inches into undisturbed soil. Exterior beam must be a minimum of 24 ft. in height. • Interior beams must be minimum of 18 inches, in height and should have two #4 (1/2 inch) rebar's side by side 6inches, off bottom of beam set in 3/8 inch stirrups or#6 wire mesh cut to fit at 3 ft. 0/C. Interior beams width to be 16 inches in width at top and may taper to 8 inches at bottom. #4 Rebar is to have a minimum lap of 12 inches. #5 Rebar to have a minimum lap of 15 inches. Interior beam is to extend 3 inches below undisturbed soil. • All slab and beam specifications listed here must be used unless the Contract Administrator's Building Code requirements or specifications exceed these specifications. All slab designs and executions must concur with the requirements of the Southern Building code. Concrete Porches • All porches must be poured monolithically over select sand "fill", and cement porches must be leveled. • Exterior beams must be a minimum of 12 inches in height with 4, #4 rebar set in 3/8 inch, stirrups or#6 wire mesh cut to fit at 3 ft. 0/C. Beam width to be a minimum of 14 inches at top and may taper to 10 inches at bottom. Lower two rebar to be a minimum of 3 inches off bottom. Beam to extend a minimum of 6 inches below undisturbed soil. Galvanized flashing to be used if wood is to be in contact with concrete. • Pour 1 inch below door sill or as noted and slope 1/8 inch per foot to provide drain. Footings • Footings must comply with International Code Council (ICC) for size and reinforcement. When the surrounding soil is not sufficiently strong enough to hold the concrete until final set, forms must be constructed instead. 9.0 FOUNDATIONS 9.1 General Specifications: Leveling must be done in such a manner as to be permanent and must be completed before other work begins. New posts must be concrete piers or decay resistant, treated wood posts for ground contact, or of a decay resistant species. Allowable spans between piers or posts for a 4 inch x 4 inch sill — 5 ft. on center or for a 4 inch x 6 inch, sill 7 ft. on center. Cedar posts and shims must be treated to prevent rot and deterioration. When leveling, grades must be established from existing concrete porches, fireplaces and chimneys. When leveling is complete, doors, windows, and openings must be reasonably plumb, level, and fully operational. Correct over spans by installing stringers and/or floor joists. Stringers are to be placed on concrete pads and piers. All sills must have 12 inches minimum clearance above the ground when leveling is to be done unless otherwise specified. Warranty Skirting • Cover indicated area with galvanized weatherboard metal foundation skirting fastened with self tapping sheet metal screws. Vinyl is required in areas of A or V Flood Zones. • Skirting must extend 4 inches below and at least 18 inches above grade and be lapped and fastened under siding on the same horizontal line of the entire wall or side of building. • Skirting must have ventilation openings a minimum of 4 ft. from each corner, and no less than every 8 vent openings should be covered by louvered screened vents, and should be a minimum of 50 square inches. • Creep-hole Door must be hinged and be constructed of such material to conform with foundation skirt, and must be of adequate size for entrance into crawl space. (minimum 16-inch x 24 inch per IRC 2006 R408.4). • PVC, fabric, mesh, and all other materials shall be to ANASI requirements. Foundation Drainage When existing grades or excavations allow water to accumulate under the structure, a drainage ditch must be dug so water must drain away from the house. Ditch must be located as per individual specification. Open ditches which constitute a tripping hazard must be replaced with French drains. French drain will be constructed of 6 inch perforated PVC drain field line and installed in a ditch at least 12 inches in depth and 8 inches wide. The ditch will be back filled with P gravel and the drain line protected with fabric mesh. The drain line must be placed at least 2 inches above the bottom of the ditch and centered to allow gravel to surround it. Discharge must be a minimum of 10 ft. from the closest edge of the structure and at least 10 inches below the grade level of the structure. Whenever possible, foundation drainage problems will be corrected through regarding, filling, compacting and planting of surrounding area. French Drains are not allowed in Port Arthur, only American drains. • Drainage is not allowed to drain on to someone else's property. 10.0 MASONRY 10.1 Materials: 1. Portland cement: ASTM C150. Typel 2. Masonry Cement: ASTM C 91 3. Aggregate: ASTM C 144 4. Brick: Facing brick ASTM C 216-71, grade MW, type FBS 10.2 Methods: Do not install cracked,broken, or chipped masonry units. Lay masonry units plumb, true to line and with level courses accurately spaced within allowable tolerances. Adjust masonry units into final position while mortar is soft and plastic. Lay masonry units with full mortar coverage on horizontal and vertical joints. Provide weep holes in head joints in first course and immediately above all flashing. Maximum spacing is 33 inches. Attach masonry veneer to backing with metal veneer ties. Use at least one tie per 4 square feet of veneer. Brick ties 16 inches o-c required,requires inspection. Dry brush masonry surface after each day's work. Scrub with acceptable cleaning agent. 11.0 WOOD AND PLASTICS 11.1 Materials: All lumber must be identified by the appropriate grade stamp. All new or replaced wood in contact with concrete, earth, or within 12 inches of ground level must be pressure treated or womanized lumber, or lumber with natural resistance to decay. Bridging must be #2 yellow pine or fir, graded and stamped as such. (fir in non-load bearing areas only) 12.0 ROUGH CARPENTRY 12.1 Methods: All lumber must be fastened as detailed in IRC 602 and all Tables of the International Residential Code(IRC) 2006. All framing must be constructed to comply with the International Residential Code (IRC) 2006, and any local ordinances and specifications provided. Framing must also be 120-130 mph wind speed and wind storm protection. 13.0 FLOOR FRAMING • Minimum allowable spans for floor joists are: Size Spacing Max. Span 2in X 6 in 16 m oc 9FT11 in 2in X 6 in 24 in OC 8FT8 in 2in X 6 in 16 in OC 13FT 1 in 2in X6in 24inOC 11FT5in • All new or replaced floor joists must be supported at their extreme ends by either a 2 inch x 4 inch ledger or metal joint hanger. Toe nailing only will not be acceptable. Splicing of floor must be properly reinforced (bridging). Ledger must be the nominal size as the joists its supports and lag bolted to the structure. • Remove deteriorated floor joints and replace with new joints of same dimensions. • All sub-floor must be 1 inch, nominal dimension or not less than 5/8 inch , exterior grade plywood (with 15 pound felt paper moisture barrier)joined over a joist or solid bridging except when using end match lumber. 14.0 WALL FRAMING Studs must be spaced a maximum of 16 inches, on center with double top plates and single bottom plate. Double studs must be provided on each side of openings exceeding 3 ft. width and triple studs where greater than 6 ft. . . . All windows, doors, and arched openings must have double headers 2 x 6 minimum. Where the openings are less than 6 ft. width, the header must be supported by one cripple stud at each end. If the span exceeds 6 ft.then it must be supported at each end by two cripple studs. (Headers must have 1/2 inch spacers). • Maximum-allowable span for double headers are as follows: Size Span 2in X 4 in(not allowed by IRC) 2 FT 6 in 2in X6in 6FT0m 2in X 8 in 8FT 0 in • Unless plywood (4 ft. X 8 ft. X 1/2 inch, CDX) grade sheathing, or other approved materials is used for bracing, new corner posts on exterior wooden walls must be diagonally braced with a 1 inch x 4 inch x No. #2 grade lumber let in at each corner from the bottom to the top plate or galvanized metal corner brace. Entire exterior wall is required to be sheathed. • To repair walls, use lumber of such dimension as will allow the finished surfaces on both sides of the wall to be smooth and continuous. • Posts for porch framing must be SPF 4 inch x 4 inch womanized lumber, or as specified in project specifications. Wind storm approved fasteners are required at top and bottom of post. 15.0 ROOF FRAMING Sufficient bracing must be installed to remove and prevent reoccurrence of swag, and to maintain a true and even plane. Collar beams must be installed on upper 1/3 of rafter pairs, and ridge board must be placed on every 3 pairs of rafters. Purlins must be installed perpendicular to rafters to allow bracing to load bearing walls and to remove and/or prevent reoccurrence of swag. Load bearing wall rafter supports must be installed along purlins to even roof rafters to one another in such a manner as to provide the decked roof surface to be in a true and even plane. Ceiling joist strong-backs must be installed to support existing 2 inch x 6 inch ceiling joists. The strong-back must be a minimum 2 inch x 6 inch fastened to 2 inch x 4 inch. Unit is to be set and fastened along middle of joist span and ends must be fastened at top plate of nearest wall. • Maximum allowable spans for ceiling joists must be as follows: Size Spacing Max. Span 2'n x 6 in 16 in oc 14FT 4" 2in X 6 in 24 in oc. 11 FT10 in 2in x 8 in 16'n o.c. 18FT 9 in 2in x 8 in 24'n o.c. 15FT 4 in 2'n x 10 in 16'n o.c. 22FT 2" 2in x 10 in 24 in o.c. 18FT l in • Ceiling joists must be continuous or may be joined together over a partition to provide a continuous tie across the structure. • All damaged or deteriorated rafters and all connecting boards must be removed entirely and splicing must not be permitted. • Barge rafters must be installed on every gabled roof(to be same size as rafters). • When rafter tails are to be replaced, they must be cut back flush with exterior siding. New rafter tails must be scabbed on 2 ft. on existing rafter and of same dimension as existing. • When a ridge board is required, it must be a minimum of 1 inch thickness and not less than 1 inch in depth than the cut end of the rafter it joins (one size larger than rafters to be used). Ridge board must be 2x8 minimum, lx is not allowed by International Residential Code (IRC) 2006. • New decking must be 1/2 inch, CDX grade plywood or 5/8 inch OSB using spacing clips for rafting spacing up to 24 inches o.c. allowing at least 1/ 8 inch clearance between seams. • Repair decking must match existing decking in dimension and design, except if design was substandard or flawed (damaged). • All roof overhangs must be a minimum of 12 inches extending horizontally out from house wall, to a maximum of 18 inches. • Engineer-designed trusses may be used in lieu of conventional framing. • 2 inch x 4 inch bracing must be cut into last two rafters and nailed to barge rafters (4 ft. per gable). 16.0 MILLWORK, CABINETS AND TRIM 16.1 Materials: Trim materials must be of select grade of white pine or equivalent. Cabinet plywood must be of A grade or equivalent (paint or stain grade as per specifications). Pine or fir plywood is not permitted for cabinets. Finger jointed material must not be allowed on surfaces to be varnished. Cabinets: • Face frames must be made of 3/4 inch A grade birch, oak or ash plywood. End panels and bottoms must be 1/2 inch, plywood. Cabinet backs and tops must be 3/8 inch, medium density particle board with filled bull nosed edge. • Doors must be 3/4 inch A Grade birch, oak or ash plywood, trimmed with lip mold and in line with ADA regulations. • Drawer fronts must be same as doors. Sides, panels, and bottoms must be of 3/8 inch plywood. • Factory built cabinets must have plywood or solid wood fronts. Particle board is not permitted. Cabinet hardware must include the following: 1. Drawer suspension must be self-aligning three (3) points nylon roller suspension. 2. Drawer and cabinet pulls must be antique brass finished or wooden and properly fitted for ease of use. Countertops: • Countertop must be light colored roll front, roll back, preformed, laminated countertop, or as per project specifications. Contractor is to provide homeowner with a minimum of three selections. • Finished work must be finished smooth, non absorbable and easily cleanable, free from machine or tool marks, abrasions, raised grain, etc., on exposed surfaces, and must be machine sanded and hand dressed to a smooth finish. • All molded members and trim must be mitered or coped at corners. • All measurements and dimensions must be verified by the contractor at the job. • Nails must be countersunk and filled. • Cabinets must be set level. • All joints must have countersunk nailing and glue. • Factory built cabinets must be installed as per plans and specifications or as factory specs dictate. • Countertop must be light colored roll front, roll back, preformed, laminated countertop, or as per project specifications. Contractor is to provide homeowner with three selections. Interior Trim: • Door trim must be H trim with mitered corners and installed with a 1/8 inch reveal, or specified trim. • Window trim must be SPF lumber. Window stools must have mitered bull nosed front end. • Coiling trim, where needed, must be 1-1/4 inch cove mold with mitered joints and corners. • Baseboard and shoe mold baseboard must either be a base mold, or where adjoining existing base, SPF lumber. • Shoe mold must be required in every room where sheet vinyl or hard wood flooring exists or is installed. • Wall trim must be used where paneling butts corner or where a wall is in two different planes. Wall trim for paneling must be stain grade inside or outside corners. For all others use materials as necessary. 17.0 EXTERIOR SIDING AND TRIM 17.1 Materials: Exterior sheathing must be one of the following: 1. Wood boards or sheathing panels 5/8 inch thick (no plywood). 2. Hardboard over studs 16 inches or 24 inches on center,5/8 inch thick. 3. Hardboard over existing siding 3/8 inch, thick. 4. Cement board Lap Siding on studs 16 inches, on center. If siding is not replaced,it must be: 1. Wood siding not less than 5/8 inch unless installed over sheathing. All siding must be "C" grade or better, free from loose knots and splits. 2. Plywood must be of exterior grade and must have thickness of 5/8 inch. 3. Matching existing as required. All siding replacement must be of conforming pattern, type, and color. If unable to match, entire structure must be painted to make color uniform. Exterior trim must be preservative, treated, wolmanized lumber where contact with water is likely. Otherwise lumber used must be#2 yellow pine. Building face brick must be of gas fired solid clay shale units. Structural clay tile, concrete masonry units, and stone must comply with FHA specifications, Section 703. All fasteners must be non-corrosive nails. All new exterior siding must be completed with material of like quality over 15# felt paper. Repair of trim must be done with "C" grade material. Repair of siding must be done with material of like quality over 15# felt paper. Repair of trim must be done with "C" grade material. 17.2 Methods: Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding. Vinyl Siding must be installed per manufacture's specifications. Trim must be complete with no pieces missing. Repaired siding must be laced into existing siding. When new siding is placed over existing, the existing siding must fully cover the wall to supply an even surface for application of new siding. Fasteners must be long enough to penetrate into the existing structural members at least 1/2 inch. A moisture barrier (building felt paper) must be used directly under new siding. New siding— If panel siding is used all joints and panels must fall on center of framing members. For lap siding start application by fastening a wood starter strip (3/8 inch x 3/8 inch) along bottom edge of the Sill. Level and install first piece of siding so that bottom edge is at least 1/8 inch, below the starter strip. Fasteners must be 3/4 inch up from the drip edge of the siding. Butt edges must occur only at stud locations. Minimum overlap of course must be 1 inch. No siding may be placed closer than 6 inches to the exposed earth. Roof trim: • Fascia must be installed on wood band nailed to rafter tails and must be wider than the cut of the rafter. • Soffitt must be 1/4 inch all grade exterior plywood installed to rafter(when specified). • Frieze board must be installed at top plate of wall and extend to decking of roof and fit tightly between rafters (no gaps). Posts and handrails: • Columns must be a minimum 4 inch x 4 inch dimension and be treated lumber. • Handrails must be wolmanized treated lumber. • Porches must be constructed of treated lumber and porch flooring must be made of 4 inch x 4 inch wolmanized or treated lumber, rough cedar, or #2 yellow pine, with corrosive resistant nails. • Exterior door and window trim must be wolmanized treated lumber rough cedar or #2 yellow pine: with corrosive resistant nails. Gaps must be only large enough so that caulking will be sufficient to fill. 18.0 INSULATION Must be in line with ICC, IBC, and IRC. 18.1 Materials: Exterior wall insulation: provide foil or paper faced glass fiber batts having a thermal resistance "R" value of at least R-13.Defaced wall insulation is strongly suggested. Blown insulation is acceptable but should have proper fire retardant and be placed above and below fire blocking. Ceiling insulation: provide foil or paper faced glass fiber batts having a thermal resistance "R" value of at least R-30. R factors must be the following: • Ceiling: R-30 • Wall: R-19 • Floor: R-13 18.2 Methods: Install all insulation according to manufacturer's instructions unless otherwise specified. 19.0 ROOFING 19.1 Materials: Install minimum 220 pound equivalent fiberglass seal tab Class A fiberglass composition shingle: (20 year warranty) according to manufacturer's directions. Homeowner is to choose one color from three choices (to be light colors only). Fiberglass shingles have class A label. Asphalt shingles should have a Class C label. Felt should be 151b. 36 inches wide. 19.2 Methods: All roofing must be applied in accordance with the International Residential Code 2006. Unless otherwise specified, all old roof covering, whether composition, wood, or built up, must be removed prior to installation of new roof. All defective, rotten, or missing sheathing, overhangs, rafter ends, and fascia must be replaced. There must not be any voids or obstructions in the sheathing, and knotholes must be covered with sheet metal. All roofing must be done in accordance with the manufacturer's recommendations, and installed in such a manner to prevent any leaks. 20.0 DEMOLITION Demolition of existing roofing must be done quickly to allow replacement before an inclement weather condition develops. Precautions must be taken to protect the existing house from water- damage at all time. All torn off material must be heaped in piles and hauled away immediately. All nails from the tear off and replacement must be picked up immediately. 21.0 COMPOSITION ROOFING Attached with felt nails in 15# felt paper overlapping rows 4 inches. Metal Roofing: • Metal roofing must be installed using a starter strip on barge rafters and indicated sections must be roofed with 5 "V" crimp metal roofing and FHA type metal drip edge. • Fasteners must be lead head nails. Built-up Roofing: • For built-up roofs, nail one ply of 30# felt. MOP two plies of 15# felt. Apply hot mopped tar and gravel, properly spaced to create a uniform and durable roof. Flashing: • All flashing and valley material must be standard grade 26 (zinc coated G90). • Valley tin must be "V" trough valley flashing (minimum 24 inches wide corrosion-resistant metal). • Galvanized or aluminum turbine vent, minimum of two. • All old valley flashing must be removed. • Shingles may be trimmed to allow 4 inches trough or may be laced over flashing. • All flashing must be installed only after all felt paper is in place. • Gables and eaves must have galvanized drip edge. • When the rake of a roof abuts a vertical wall, stepped metal flashing must be applied over the end of each course of shingles. • All pipes projecting through the roof must have metal stack flashing or neoprene rings. Areas in Flood Plain: • Areas in flood plain when elevated shall be accounted for as part of bid package and other eligible drainage shall be assumed at this point, as construction of property does not interfere with surrounding land or structures. 22.0 DOORS 22.1 Materials: All newly installed exterior doors must be 1-3/4 inch, solid core units. They must be drilled for a lockset and deadbolt. Minimum of one 36 inch door. All interior doors must be hollow core mahogany with a minimum thickness of 1-3/8 inch and must be cored for a lockset. Bedroom doors shall be minimum 32 inches. Storm doors must be of extruded construction with a minimum thickness of 1 inch x 2 inch fluted stiles, a 2-1/2 inch wide extruded aluminum solid push bar, heavy duty kick plate, furnished with 18/16 inch aluminum mesh wire. It must be equipped with a pneumatic closer, a catch latch, and hung on a matching factory built frame. Wooden screen doors must be of select preservative treated Western Ponderosa Fine, with dowel joint construction and furnished with 18/16 inch mesh aluminum screen wire, minimum thickness 1-1/8 inch. Pre-hung units must have a frame made of 3/4 inch material with a properly plowed jamb to receive 1- 3/4 inch or 1- 3/8 inch doors. A pre-hung unit must be equipped with the door panel, jamb, and all trim. 22.2 Methods: Exterior Doors: • Pre-hung exterior doors must be installed plumb and level. Door panel must not be trimmed or manipulated in any fashion and must swing free and easy. • When a panel is to be inserted into an existing frame, the door opening must be level and made capable of holding the new door. Recommended clearance from the door edge to the jamb is 3/16 inch. The door must not be trimmed or manipulated in any fashion and must swing free and easy. • Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance with ICC or IRC in use. If missed, windows on either side of door shall be installed. Interior Doors: • Pre-hung units must be installed plumb and level to insure proper operation. Bottom of the door may be cut off to allow proper ventilation and operation. • When a panel is to be inserted into an existing frame, the door opening must be level and made capable of holding the new door. Recommended clearance from the door to jamb is 3/16 in. The panel must be cut off to allow proper ventilation and operation. • Bi-folding or louvered bi-folding doors must be used where specified. They must have four panels and have pulls attached to the outside two. They must be installed plumb and must fit evenly and snug between butted panels. • Pre-hung wooden doors vented a minimum of 100 square inches, top and bottom, must be used on gas water heater closet door openings. Door must be installed plumb and level for proper operation. • Must be in line with ICC, IRC, and IBC. • Weather proofing of bottom to prevent energy loss and pests. Peep holes shall be in accordance with ICC or IRC in use. If missed, windows on either side of door shall be installed. Storm Doors: • If mounting surface is rotten or in any manner deteriorated, it must be replaced. • Storm doors must be installed with screw fasteners and must be caulked and well fitted. Screen Doors: • Wooden screen doors must be installed level and be closely fitted to insure protection from rodent and insect infiltration. If the mounting surface is rotten or deteriorated, it must be replaced. • Aluminum screen doors must comply with the specifications for storm doors, by owner's request. Door Repair: • Entrance doors must have 1-1/2 inch pair of door butts, weather strip threshold (made of rolled vinyl with aluminum channel backing). • Any damaged or missing parts must be replaced. • All make-shift door frames must be replaced (fill in all holes at doors to be neat and permanent). • All doors must fit and work properly. 23.0 WINDOWS All windows are required to be Low-E type, High Impact per IRC 301.2.1.2 and IRC R 613.7 23.1 Materials: Wooden replacement units must be constructed of"S" or "T" stiles, check rail, or plain rail. Material must be preservative treated Western Ponderosa Pine Minimum thickness of 1-3/8 inch. Aluminum units must be constructed of heavy gauge extruded aluminum sections (min. thickness .062). Exposed surfaces of all aluminum must be extruded of first class material with no serious defects or blemishes. All joints must be neatly fitted, secure, and water tight. Windows must have standard screens over movable part of window. Aluminum screens must be removable. Screen frames must be minimum 3/8 inch x .020 gauge wire with 8-8x 16 inch mesh aluminum screen wire. Vinyl spline must be used to hold wire in screen frame. Wood screens must be made of 3/4 inch material; header and sides must be a minimum of 2 inches in width; base must be 3 inches wide and must be properly doweled at joints; and screen wire must be 18 inch x 14 inch mesh. 23.2 Methods: Repairs: • Re-screening must be done with 18 inch x 14 inch, mesh aluminum screen wire. Replace screen molding with new matching molding. • Repair window with #1 material leaving no defect in frame, sill, sash, sash locks, balances, weather stripping, hardware, aluminum screen, etc. Re-glazing surfaces must be properly prepared by removal of all cracked or otherwise unsound glazing material. Proper holding devices must be installed. New glazing compounds must be of good grade and applied according to manufacturer's specifications. Type of glazing compound must conform to usage. New Windows — Energy Code Rep 2006 IECC CODE: • If new windows are to be installed, the installation area must be cut and the window installed on the same day. Leaving the site secure and the window in operating and locking condition at the end of the day. • All interior and exterior gaps, joints, or mating surfaces must be caulked to prevent air infiltration. • Windows must be installed plumb and level to ensure proper operation with no "sticking". Storm Windows: • Storm windows must be attached to the existing window frame or trim. If mounting surface is deteriorated, rotted, or of inferior quality, it must be replaced. Storm windows must enhance weatherization. At no time will storm windows be installed to rectify air leakage or other deterioration of existing window. Standard shall be in accordance with ICC and IRC warranty item. • Installation must not interfere with the operation of the existing window and the storm window must be caulked to insure protection from water and air infiltration. 24.0 HARDWARE 24.1 Materials: Door locksets must meet industry standards. Entrance locksets must all be keyed alike with deadbolts. Deadbolts must be installed on front and rear entry doors, and must be finished in antique brass. All brands must be approved by the Contract Administrator. Interior Doors - All bathroom and bedroom doors must have privacy. All other doors must have passage locksets. 25.0 WALLBOARD 25.1 Materials: Gypsum board must conform to Fed. Spec. SS-L-30 type III, class I style 3 and must have been tapered joint gypsum board (thickness 1/2 inch on walls and ceilings). 5/8 inch grade X wall board will be used for fire-retardant requirements. Moisture resistant "green board" will be used in wet locations such as bathrooms. Paneling must be smooth without blemish 1/4 inch thick and finished according to individual specifications. Perforated tape mix installation must comply with the recommendations of the manufacturer. Temperature must be 55 degrees Fahrenheit or above in the area it is being applied until the cement is completely dry. 25.2 Methods: Gypsum Board — Ceiling: • Fasteners must be spaced as follows: Spacing Size Type of Nails 7 o.c. yz in 1 1/4 in flathead 6 o.c 5/8 in 1 7/8 in flathead • Nails must be driven with their heads perpendicular to the face of the board and seated below the surface of the board without breaking the paper(screws must comply with the same above). • The board must be cut to fit with tapered sides butting and ends butting. Where possible end joints must be staggered. Gypsum Board— Wall: • Fasteners must be spaced as follows: Spacing Type of Nails viz in 8 in. o.c. 1 1/4 in flathead iia in 8 in o.c. 1 7/8 in flathead 5/8 in 7 in o.c. 1 7/8 in flathead • Nails must be driven with their shanks perpendicular to the face of the board and seated below the surface of the board without breaking the paper. • The board must be cut to fit with tapered edges butting and ends butting, where possible joints must be staggered. • Screws shall be type S or W and be sufficiently long to penetrate wood framing not less than 3/8 inch OR 702.3.6). 26.0 PANELING Nails must be matching color paneling nails with screw head or annular thread shank or finish nail set and puttied. Length of nail must provide at least 1/2 inch penetration into wood support. Space nails at least 12 inches on center. Minimum 1/4 inch thick paneling secured with panel adhesive must be used when stud spacing is greater than 16 inches on center. There must be solid backing for all edges. Paneling must be installed level with no gaps between sheets and where it meets the ceiling and floor. Other wall gaps are allowed only as wide as the trim must cover. Drywall Repair: • Must be accomplished with the patched gypsum board of the see dimension as the original board to leave the patched area in plane with the surrounding drywall finish. Tape, float, and texture are to match existing wall finish. Tape and Float: • Over joints, the tape must be embedded in cement and covered with a thin layer of cement. A second and third coat must be applied with each coat feathered and extended beyond the previous coat by 2 inches. The finish coat must be sanded lightly and any imperfections filled in prior to any painting or decorating. • Cover nails with three (3) applications of cement allowing time to dry between each coat. The final coat must be sanded lightly before application of paint or other decoration. • Inside corners must be reinforced with tape embedded in cement, finish as specified "over joints." • Outside corners must be protected by wood molding, metal molding, or metal corner bead reinforcement. Metal corner reinforcement must be finished as specified "over joints" with two coats of cement. • Texturing Ceilings must be stomped and dragged. Walls must be lightly textured, for repairs texture should match existing. 27.0 FLOORING Bathroom underlayment must be 5/8 inch CDX exterior grade plywood over a 30 pound felt paper vapor barrier. All other floors must have 5/8 inch, plywood installed with vapor barrier as in bathroom; floors must be smooth and even throughout structures. If hardwood flooring is to be installed sub-flooring must be 5/8 inch CDX plywood. Vinyl Asbestos tile must be 12 inch x 12 inch x square and 1/8 inch thickness homogenous type as approved by the Contract Administrator. Sheet vinyl must be of 12 millimeters. Floors in bath and kitchen must have waterproofed cover. Homeowner must choose from one of three choices provided by contractor. Carpeting must be of durable quality nylon fabric with jute backing and meet or exceed current FHA specifications, and must be a 24-28 oz. face weight carpet with continuous nylon filament. 27.1 Methods: Repairs: All damaged portions of sub-floor must be removed and new flooring of same type applied, subject to the absence of mold or other environmental hazards. All floors with damaged sheet covering must have the entire flooring in that room replaced when specified to be repaired. Tile floors may be patched if tile matching quality and appearance is available, otherwise, all tile must be replaced. Moisture barrier shall be adequately treated. Vinyl Floor Covering: • Floors to receive vinyl must have all foreign material removed from surfaces and all holes must be filled. Nails must be countersunk. • Installation must be done with manufacturer's suggested adhesive. No joints must be permitted. The vinyl must be fitted with no gaps showing at walls, door openings, or trim. Full cover must be achieved. At doors or other areas of joining, metal strips must be installed to protect floor covering. Carpet: • Sub-floor must be free from holes and foreign material. Nails must be countersunk. • Installation must be accomplished using tack strips and carpet must be stretched and then attached to tack strips. • Carpet must be installed on 3/8 inch composition pad. (F H A Standard) 28.0 PAINTING 28.1 Materials: All paints must be new, sealed in their original container and carry a manufacturer's warranty. Exterior paint must carry a quality of no less than a 15 year warranty. Interior paint for walls, ceiling, and trim must carry a quality of no less than a 10 year warranty. Caulk to be minimum 20 year warranty acrylic latex. 28.2 Methods: All work must be done by skilled mechanics and must be uniform in appearance, of approved color, smooth and free from runs, sags, skips, and defective brushing. Paint must be well mixed, not settled, badly caked, or thickened in container. It must be readily broken up with a paddle to a smooth consistency and have easy brushing properties. Paint must be readily mixed. Installation rate must be no higher than the manufacturer's suggested rate of coverage. All paint materials must be delivered in original unopened containers, with labels and tag intact. Paint must be allowed to dry hard between coats, as per manufacturer's recommendation. Full coverage is required. When color, wood grain, stain, or undercoat show through the final coat of paint, the work must be covered by additional coats until the paint is uniform in color and appearance and coverage is completed. Make edges of paint adjoining other materials or colors sharp and clean without overlapping. All cracks and joints must be completely sealed with caulking compound (both interior and exterior). Caulking compound must be delivered to the job in manufacturer's unopened containers. Hardware, accessories, and fixtures must be removed and protected during painting and replaced afterwards. All work must be protected from damage by use of drop cloths. Spray painting is allowed only where indicated by individual specifications. At completion of all construction of the job, all damaged surfaces must be touched up and left in first class condition. Contractor must provide color samples for the homeowner's approval. NOTE: LEAD BASE PAINT MUST NOT BE USED. Exterior Painting: • Exterior painting must be performed when weather conditions are acceptable as recommended by the manufacturer. Back prime unpainted wood with one coat of primer, and paint with mildew retardant. Nail holes, splits, or scratches must be puttied, caulked or spackled smooth after prime coat. Knots and pitch streaks must be spot primed with a quality stain killer. Wood surfaces must have smooth finished surface when painted. Interior painting: • Walls and ceiling stained by water must be treated with a quality stain killer prior to painting. At no time will latex paint be used to cover oil base paint. All trim and wood must receive two coats of semi-gloss oil base enamel paint. Porch and Floor Enamel: • Paint shall be sensibly chosen based on resistance and interior and exterior sections of the porch. All surfaces must be cured, dry and cleaned free of conditions that would adversely affect the performance of the coating. Prime according to product specifications. 29.0 MECHANICAL 29.1 General Specifications: All plumbing installations must conform to the current IPC, ICC, and IFC. When house is to be raised or lowered, temporary connections must be provided to have continuous operation of all systems by the homeowner. Any interruption of service must not exceed 28 hours. Homeowner must be notified at least 24 hours prior to expected interruption, and must be notified when system is once again operational. Gas systems shall be checked by licensed plumber and a report must be provided to the COPA inspectors. Relocate house lines to new or relocated fixtures. Install new venting to new fixture locations. All lines must be located in wall cavities and under foundation. Include roof jacks and flashing where necessary. If lines can be repaired they must be repaired as needed to be in good operating condition and free of defects. Required inspections by work done must be by licensed, bonded contractors. 29.2 Materials: Fixtures: • New Kitchen sink must be new stainless steel 6" deep double basin, 30 inches self rim unit installed in kitchen to include strainers/drain plugs, water and waste line corrections. Rim must be sealed to countertop with standard sealer (i.e. plumbers putty, dap sealer, etc). Water lines must have cut off valves at sink. Faucets must be a washer less, cartridge type, single lever unit unless otherwise specified. Unit must be chrome plated brass. • New lavatory - cast iron porcelain enamel unit. Mount securely to wall frame located as per plans. Faucet must be washer less, chrome plated brass dual control unit with water, DWV, and cut off valves. Vanity unit, when specified, must have monolithic sink and top of resin cast marble, base must be wood veneer on front and sides. • New or replaced Tub Unit - install new white enameled steel tub unit as per plans. To include new trap overflow and drain with stop valve, and water and waste connections. Valve must be washer less and high quality chrome plated brass unit with dual control,jewel handles. Install plumbing access. • New or replaced Shower Tub Unit - install new white fiberglass shower/tub unit as per plans. To include new rap overflow and drain with stop valve and water connections. Valve must be washer less and high quality chrome plated brass unit with dual control,jewel handles. • New or replaced Water Closet - install new white round bowl vitreous china low-flow type unit as per plans. To have new tank gaskets, flow valve assembly, handles, mountings, lid and seat, and water and waste water line connections. Water line must have cut off valves. Bathroom hardware must include the following: 1. Two chrome towel bars 18 inches long 2. Chrome toilet tissue holder 3. Chrome toothbrush and tumbler holder 4. Recessed wall mounted mirrored medicine cabinet 5. Lavatory wall, centered over lavatory 6. Shower unit panel kit must be ABS plastic unit sealed with matching color silicone caulk 7. Chrome shower curtain rod New or replaced dryer venting must be ducted through the exterior wall or through roof. All openings must be rodent, weather proof, and maximum length per IMC 2006. New or replaced Washer Connections - must be recessed mount box in wall with DWV and water faucets. Relocate or connect machine to operate properly as per plans. New or replaced Hose Bibs - must be installed at locations on plans. Exterior hose bibs must be the frost-proof type. Install frost-proof hose bib vacuum breaker on all exterior hose bibs. Gas Appliances: • Wall Furnace - Must be U.L. listed wall furnace. It must include all connections, piping, and fittings. Furnace must be thermostatically controlled, high efficiency, forced air, automatic fan control unit. BTU output and number of units must be determined in the individual specifications. Unit must have gas shutoff located adjacent to the unit operable. The unit must be installed by a licensed HVAC contractor. Resolution check will be required before permit is issued and required. • Install new water heater to be 30 gallon high efficiency, gas fired automatic tank type heater located as per plans. Unit must include all new venting and connections. Gas outlet and cut off must be located at front of water heater closet. Fresh air inlets are required at top and bottom to allow combustion air to vent from the outside. Installation must be according to IRC, ICC, IFC, and IPC. Piping: • New or replaced Drain, waste, and vent lines must be standard weight galvanized steel pipe with cast iron drainage fittings, or standard weight cast iron soil pipe and fittings or schedule 40 polyvinyl chloride pipe and fittings. All piping passing through the roof must be properly flashed. Must have clean-out located at exterior of house. • New or replaced Water lines must be type "L" copper, located inside wall cavities. After installation they must be pressure tested with 125 psi for 30 minutes prior to coverage. A dielectric fitting is required between piping of dissimilar metals. All water lines above ground and not inside an insulated wall cavity or ceiling/attic space will be freeze protected with 1/2 inch fiberglass insulation or 1/2 inch armor flex, sealed at all joints. • All existing gas piping is to be tested with 6 lb. mercury column. Any leaks will be reported immediately to Contract Administrator. • All year service lines (water, sewer and gas) must have a minimum of 12 inches of ground cover. • Permits are responsibility of all parties. 30.0 ELECTRICAL 30.1 General Specifications: All new electrical installations must conform to the National Electrical Code most recently adopted and city ordinance. Plans must be considered as recommended layout; however, the National Electrical Code must be the rule in all instances. New or replaced mast, meter loop, and breaker panel as per plans and work-write ups. Plans must be reviewed and approved by Inspections Department. All fixtures must be U.L. approved. GFCI protection needed per NEC and within 6 feet of water, exterior and garage must be in place at socket per water source. All wiring must be fished in wall cavities. Any surface mounted wiring must be in smooth EMT conduit or wire mold securely mounted. All wiring to washer and dryer capable of handling equipment power capacity. (HINT-with rehab panel boxes capacity shall be equal to or greater than compatible equipment and/or machines.) 30.2 Materials: Fixtures: • HINT: With rehabilitation, panel boxes capacity shall be equal to or greater than compatible equipment/machines. • Smoke and CO Detector -For all new construction and rehabilitation of multi-family properties: 110 volt U.L. listed smoke alarm unit with battery backup installed according to State of Texas property code, IRC 2006 and manufacturer's recommendation at location(s) specified on project specifications. Also at least one carbon monoxide detector must be installed if natural gas or other combustible is used as fuel source. • Smoke and CO Detector-For Rehabilitation of owner occupied housing: battery operated smoke detectors and at least one carbon monoxide detector must be installed to provide adequate coverage for the entire household. • Bathroom ceiling heater must be forced fan unit. Install as per plans and manufacturer's recommendations. • Bath Exhaust Fan must be U.L. approved and installed to meet all applicable local codes, and vented to outside. • Newly installed Range Hood must be U.L. listed and vented through the roof. • Service Entrance must be a minimum 100 amp, 120/240v service as per plans. • GFCI's will be installed at any outlet that is within six feet of a water source measured at the shortest distance; exterior and garages. Such devices will be properly grounded and tested for proper function. • AFCI's for bedrooms will be required. 31.0 MISCELLANEOUS Property must have one year policy with initial and three (3) quarterly return treatments for ants, roaches, silverfish and rodents if required. Property must have a one-time treatment for termite control. Both exterminations must be performed by a licensed and bonded company and must have a one year written warranty or guarantee delivered to the homeowner through the Contract Administrator. A one-time fee for treatment must be made for the initial treatments and the three quarterly treatments, if required. This process shall be coordinated with the leveling or foundation repair personnel or contractor. Attic Access: • Must be located as per plans. Dimensions must be listed on plans. Scuttle hole cover must be 5/8 inch plywood with a smooth finish. Trim must be H trim with mitered joints. Paint must match other trim in house. Cover must have insulation bat cut to fit on top of it. Scuttle hole must be a minimum of 22x30 or large enough to get largest piece of equipment out of attic. • Gravel Walks and drives must be made of washed gravel 3/8 inch diameter minimum. Gravel must be 4 inches thick minimum over a well graded and compacted soil. Gravel must be contained by 2 inch x 12 inch treated lumber (note: distance from ground level to top of board not less than 2 inches). Gutters, Dow spouts, and Splash blocks: • Gutters and downspouts must be galvanized metal or aluminum properly hung. • A directional fitting must be installed to divert water away from the house. • A concrete splash block must be placed under each down spout. Cleanup: • Interior - daily cleanup is required so the space can remain inhabitable. Upon completion all materials, dirt, and debris must be removed and the entire house must be left in a broom clean condition. Bathroom and kitchen surfaces must be made sanitary. (Note: all paint and decals on windows must be removed.) • Trash in all drainage ditches, and yard must be cleaned up every day. Citations will be issued to the contractor for all violations. Landscaping: • Upon final cleanup and removal of all materials and debris, yard must be hydro-mulched, sodded with St. Augustine, or as specified in individual work write-up. Texas Accessibility Standards (TAS) • All sections reference Texas Accessibility Standards (TAS), Rules and Regulations as per HUD requirements. Available Resources for Compliance www.license.state.tx.us/ab/abtas.htm www.energycodes.gov/rescheck/ www.gbci.org/ www.sos.state.tx.us/tac/index.shtml www.hud.gov/offices/hsg/omhar/paes/greenini.cfm www.hud.gov/o ffices/cpd/affordablehousing/training/web/energy/help/green.cfin www.legis.state.tx.us www.license.state.tx.us www.SAM.gov D BID I CITY OF PORT ARTHUR, TEXAS BID SHEET I BID FOR: Reconstruction of Four Homes tBID DUE DATE: August 28,2024 1 LOCATION COST 1 DAYS TO COMPLETE 1 3237 15TH STREET $ 186,440.00 90 days 4011 15TH STREET $ 189.440.00 90 days 2649 10TH STREET $ 189,440.00 90 days 3418 15TH STREET $ 189.440.00 90 days CONTINGENCY $20.000.00 TOTAL $ 774,760.00 90 days I James W. Turner Construction, Ltd. 14215 Mary Jane Lane COMPANY NAME STREET ADDRESS J1LktA)t SIG T OF BIDDER P.O. 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E BID BOND I I Document A310 TM — 2010 rConforms with The American Institute of Architects AlA Document 310 Bid Bond I CONTRACTOR:and ( SURETY:(Name,c, legal a7ahr.v ra rrr/druss) (Name,legal moms and principal place t f lmsines.0 Swiss Re Corporate Solutions Premier Insurance Corporation James W. Turner Construction, Ltd. 1200 Main Street, Suite 800 14215 Mar Jane Lane This document has important Y Kansas City, MO 64105 legal consequences.Consultation Tomball, TX 77377 Mailing Address for Notices with an attorney Is encouraged with respect to its completion or OWNER: modification. I (Name,legal slants and address) Any singular referonce to City of Port Arthur, Texas Contractor,Surety,Owner or 444 4th Street, 4th Floor other party shall be considered plural where applicable. IPort Arthur, TX 77377 BOND AMOUNT: $ 5% Five Percent of Amount Bid I PROJECT: (Name,location or address.and Project number.if anp) Reconstruction of 4 Single Family Homes at: 3237 15th Street, Port Arthur,TX-4011 15th Street, Port IArthur,TX -2649 10th Street, Port Arthur, TX-3418 15th Street, Port Arthur, TX. Bid No. P24-062 The Contractor and Surety arc bound to the Owner in the amount set forth above•for the payment of which the Contractor and Surely bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this I Bond arc such that if the Owner accepts the bid ot•the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and elves such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in titc,iurisdiction of the Project and otherwise acceptable to the Owner,for the faithtid performance ofsuch Contract and for the prompt I payment of labor and material furnished in the prosecution thereof:or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between tic amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to pertiirm the work covered by said bid,then this obligation shall be mill and void,otherwise to remain in lull force and eticct.The Surety hereby wui l•eti any notice of all agreement between the Owner and Contractor to extend the time i❑which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days In the aaareuate beyond the time fur I acceptuncc of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. if this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. I When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project.any provision in this Bond conflicting with said statutory or Icmal requirement shall he deemed deleted herefrnnl and provisions contilnminu to such statutory or other legal requirement shall he deemed incorporated herein.When so furnished;the intent is that this Bond shall be construed us a statutory bond and not as a common law bond. ISigned and sealed this 28th day of August, 2024 f James W. Turner Construction, Ltd. armless; '� ` t n a G Gf(G'��(qa `- • ,'�ti0t15 PRE.,''''•',. il e Swiss Re Corporate Solutions Premier Insurance Corporation qy 4 _ _ _ /✓n `/ /C (.Sure girl ``' Go �r�., ' arm..., Diane M. Rubrjght �� S EAL'- I By: \" trne -in-FactDo` (Tide) Steph n Kazmer "-•., ,,;•SSO-.;,,is.,' 1 S-0054/AS 8/10 I I 111 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY'th ESE PRESENTS,TI IAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and I having its principal office in the City of Kansas City.Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal olTicc in the City of Kansas City,Missouri,each does hereby make,constitute,and appoint: Stephen Kazmer Principal: James W.Turner Construction, Ltd. I Obligee: rei�t4a�l.,t.•,,:,=„ City 7t:,�f��....Al"• i.w.r,..t,v„Sall,..ix-un l lwt Nticel.I'm Meku.TX..lrill:a:S".s1.14m Arch";.TX-lilts IM:tine.al.Pan A,Ihu,.TX llyd No 1.:44Y•_ Bond Description: Bond Number: Bid Bond Bond Amount:See Bond Form I Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of`. IFIFTY MILLION(S50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 9t°of May 2012: I "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary he.and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation: and it is IFURTI IER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached.• I .°,,••,•<`pri5'...,!Ire MeRi,',,,, ,•'•`fig aRcu; �`o.n.,.._. ,•y�`-�OgvO.q,('T %yf $ ,))•FPOR-0 R4..". 11� ze y:O fr..,�I" Erik.Lu......Sevier Vice 1'mideta of NN/1.UC 6 Srokv Vice Pre.Weei of NHC'NI•IC .tt..;G ate'." ,,V,.G e...e. _I 1.41jr--4- SEAL1tp. IQ' SEAL ;i.• 1973 . 'b v• . : Ily d•�,•.b/SSOUP.•.c ;ys•ySSOSt!.' Si r,, d `�.`�� Gerald Javan ski.Vice rreeidan of SRCNM('S Vire Peesldetn of SICCSPIC• I IN WITNESS WHEREOF.SRCSAIC and SRCSI'IC have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 10TH day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation I State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ED On this 10TH day of NOVEMBER ,20 22 ,before me,a Notary Public personally appeared Erik Janssens,Senior Vicc President of SRCSAIC I and Senior Vice President of SRCSPIC and Gerald Janowski,Vice President of SRCSAIC and Vice President of SPCSPIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL I CHRISTINA MANISCO NOTARY PUBLIC.STATE OF ILLINOI S wt c TIMIZ*n EXylrem Alrmil 28,202S ! .s y.e., 1 CL.+.o.c,o t ea.1.. I.Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC,do hereby certify that the above and foregoing I is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC,which is still in full force and effect. IN WITNESS WI IEREOF,I have set my hand and affixed the seals of the Companies this 28th day of August ,2024 I Jeffrey Goldberg,Senior Vicc President& Assistant Secretary of SRCSAIC and SRCSPIC I I State of ILLINOIS County of DUPAGE SURETY ACKNOWLEDGEMENT (ATTORNEY-IN-FACT) I, Diane M. Rubright Notary Public of DUPAGE County, in the State of ILLINOIS , do hereby certify that Stephen Kazmer Attorney-in-Fact, of the Swiss Re Corporate Solutions Premier Insurance Corporation who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the Swiss Re Corporate Solutions Premier Insurance Corporation for the uses and purposes therein set forth. I Given under my hand and notarial seal at my office in the City of Downers Grove in said County, this 28th day of August , 2024 I Notary Public Diane M. Gdright My Commission expires: March 23, 2027 OFF!CL J.SEAL DIANE M RU3RIUi iT NOTARY PLICLiC,STATE OF;'u I I 1 I F GENERAL CONDITIONS GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee,official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Housing, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders,regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license,privilege or paying money to any-one owing delinquent taxes,paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur, TX 77640 p INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30)days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent(100%)of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. SECTION 3 CLAUSE: 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). G TECHNICAL SPECIFICATIONS CITY OF PORT ARTHUR Cit of HOUSING & NEIGHBORHOOD REVITALIZATION DIVISION RECONSTRUCTION OF 4 PROPERTIES AT 3237 15th Street,3418 15th Street, art rthu 4011 15th Street and 2649 10th Street Please contact: Beverly A. Freeman, Marla Hill or David Conley at(409) 983-8257 or(409) 983 -8237. SPECIFIC REQUIREMENTS BY LOCATION FOR CDBG/HOME RECONSTRUCTION ACTIVITIES: 3237 15th Street 2/2 1. Include detailed scope of work along with the form 11.17—Work Write-Up/Cost Estimates, house plans, and elevations. 2. Install one piece handicapped accessible shower with detachable showerhead. 3. Install exterior handrails. 4. Windows MUST BE Low-E High Impact Pressure resistant. NO EXCEPTIONS 5. Handicapped accessible 6. Off-street parking REQUIRED (400 sq.ft.) it should be located 20 ft.from property line and Include a detailed scope of work along with the form 11.17—Work Write-Up/Cost Estimates, house plans, and elevations. 3418 15th Street 2/2 1. Include detailed scope of work along with the form 11.17—Work Write-Up/Cost Estimates, house plans, and elevations. 2. Install one piece handicapped accessible shower with detachable showerhead. 3. Install exterior handrails 4. Windows MUST BE Low-E High Impact Pressure resistant. NO EXCEPTIONS 5. Handicapped accessible 6. Off-street parking REQUIRED (400 sq.ft.) it should be located 20 ft.from the property and Include detailed scope of work along with the form 11.17—Work Write-Up/Cost Estimates, house plans, and elevations. 4011 15th Street 2/2 1. Include detailed scope of work along with form 11.17—Work Write-up/Cost Estimates, house plans and elevations 2. Install one piece handicapped accessible shower with detachable showerhead. 3. Install exterior handrails 4. Windows MUST BE Low-E High Impact Pressure resistant. NO EXCEPTIONS 5. Handicapped Accessible 7. Off-street parking REQUIRED (400 sq.ft.) it should be located 20 ft.from the property and Include a detailed scope of work along with the form 11.17—Work Write-Up/Cost Estimates, house plans, and elevations. 2649 10th Street 2/2 1. Include detailed scope of work along with form 11.17—Work Write-up/Cost Estimates, house plans and elevations 2. Install one piece handicapped accessible shower with detachable showerhead. 3. Install exterior handrails 4. Windows MUST BE Low-E High Impact Pressure resistant. NO EXCEPTIONS August 2024 Reconstruction of Four(4) Homes 5. Handicapped Accessible 6. Off-street parking REQUIRED (400 sq.ft.) it should be located 20 ft.from property line and Include a detailed scope of work along with the form 11.17—Work Write-Up/Cost Estimates, house plans, and elevations. NOTE: Construction costs must be listed separately(itemized on form 11.17 and will be, provided electronically}. August 2024 Reconstruction of Four(4) Homes Api//j ) ('in./ � r rrdur City of Port ArttiurInspections Department REF: Notes for contractors building in Port Arthur REQUIREMENTS BY THE CITY OF ALL CONTRACTORS: 1. Trash in all drainage ditches, and yard must be cleaned up every day.The drainage department will also be issuing citations for this violation to the contractor. This MUST be applied ASAP. 2. Required Johnny on the Spot starting with any rough in or no inspection will be done.This is an Ordinance and in the Code Book. 3. Windows MUST be, Low-E High Impact Pressure resident, Or low E with shutter system. 4. Permit for driveways, sidewalks, and the approach to the street must be reviewed by our City Engineer and approach inspected by our City Engineering Department. If the sidewalk or driveway is damaged in anyway it must be repaired to meet accessibility requirements. Contacts: Engineering Department—Derrick Robinson (409) 983-8184 or Adam Alfred 983-8157. 5. Site plans are to have any accessory building or garage on the plans that will become part of the finished product of the property. 6. There must be a minimum of 10' clearance between all buildings. NO EXCEPTIONS or a variance will be needed. 7. Must have an elevation report from a licensed surveyor submitted with all plans. 8. Must obtain permits before any work may be done. 9. Only licensed contractors may do any work.The licensed contractor must call his own inspections into the permit department and the General Contractor may not call in for them. 10. DO NOT CALL INSPECTOR ON CELL PHONE FOR INSPECTIONS. 11. Inspections are 24—48 hours out for inspection. 12. Keys for doors or lock box located on front porch post only for access. August 2024 Reconstruction of Four(4) Homes 13. If working with pilings the licensed engineer must submit his stamped copy of Design, with your plans for review.There is also a letter of compliance to be signed, before a c/o may be issued. 14. Plan review from inspections are 3-5 days out but could be up to 20 days if any other, department has to sign off on them. If preliminary plans are on file then turnaround will be 1-3 days. 15.There will be a required letter from all contractors that state they will not allow any resident to occupy the residence without a FINAL Certificate of Occupancy, this will allow you to have utilities early but, that you understand that if the resident is caught in the property then you will not receive any utilities until all work is complete. 16. To get electricity for the residence you must contact 1-800-ENTERGY and apply for service.Then after posted takes, approximately 3-5 working days. 17.The City would rather you not fire caulk any of the studs or plates due to possible fire potentials. 18.This is the rainy season and we ask that you place some type of cover down on your floors so we do not track mud or water into the residence. 19. There must be a physical address posted before any inspections will be done. 20. ALL CONTRACTORS MUST FURNISH THEIR OWN WINDSTORM ENGINEER. 21.The city does not take independent inspections.This must be done by our department and will be your responsibility to keep up with your tags. Failure to produce tags that are asked for to obtain a CERTIFICATE OF OCCUPANCY or release on the property will not allow the completion of the work. 22. Any work covered before all inspections are done will result in the removal of any sheetrock, or exterior wall. Failure to comply with this request will have just cause to write you a citation. 23. Post a physical address so it can be seen from the street. NO ADDRESS, NO INSPECTION. 24. Culvert Inspections will be done by the City's Engineering Department. Inspections will no longer be the responsibility for the inspection department. 25. Drainage ditch inspections will be now be done by either engineering or the drainage department. Inspections will no longer be doing this inspection. 26. Dumping of sand fill on public streets must halt A.S.A.P. Any contractor failing to comply with this will be cited. Minimum fill 60/40. 27. Yard leveling must be done A.S.A.P. after the foundation is poured.The mud problem on the City streets and in front of other resident's homes has created a problem.This will warrant a citation. August 2024 Reconstruction of Four(4) Homes 28. Calling for inspections and work not ready, doors locked, or no address will now cause a re- inspection fee of$30.00 minimum up $100.00 per inspection. 29.The inspections department will not do silt screens and EPA.This will be done by Engineering. 30.THESE RULES ARE FOR ALL CONTRACTORS AND WILL BE FOLLOWED WITH NO EXCEPTIONStttttttttttttttttt 31. Sidewalks are required for all properties. Current codes are as follows: 2020 (NEC) National Electric Code 2021 (IRC) International Residential Code 2021 (IMC) International Mechanical Code 2021 (IBC) International Building Code 2021 (IPC) International Plumbing Code 2021 (IECC) International Energy Conservation Code IF YOU HAVE,ANY ADDITIONAL QUESTIONS PLEASE FEEL FREE TO CONTACT US. Derrick Robinson, Bldg. Inspector City of Port Arthur 409.983.8261 August 2024 Reconstruction of Four(4) Homes CONSTRUCTION OF HANDICAP RAMPS, SIDEWALKS, AND DRIVEWAYS FOR CDBG/HOME FOUR (4) HOUSING PROJECTS SPECIFICATIONS FOR RECONSTRUCTION OF SIDEWALKS, HANDICAP RAMPS, AND DRIVEWAYS The specifications described below are referenced from the City of Port Arthur,Texas, Sidewalk/Driveway and Paving Detail Sheets and the 2021 ADA Standards for Accessible Design Location: 3237 15th Street 1.0 Excavation: Cut and remove tree roots four inches(4") outside of proposed sidewalk location or other types of vegetation when necessary. Contractor shall acquire storm-water permit (MS4) and implement Best Management Practices (BMP's) throughout the duration of the project including non- tracking of any soil on streets and is classified as a "Living Document" meaning contractor will be instructed to increase erosion control measures if current installment does not satisfy erosion prevention. Storm-water erosion prevention installments will be periodically inspected.Warnings and Stop Work Orders (SWO's) will be given if storm-water items are not maintained. 2.0 Sidewalk: Shape and compact subgrade to establish a firm base support. Sidewalk slab shall be no less than four inches (4") in depth. Place a two inch (2")sand cushion within the proposed slab area. Use 6 inches (6") by 6 inches(6")six-gage welded wire mesh. Expansion joints shall be no more than 60' apart with %" redwood joint filler and 3/8" diameter (#3) size smooth dowels with expansion caps spaced 12 inches (12") on center(Type B Expansion Joint—see City Standards unless otherwise specified by the Public Works personnel). Construction joints shall be spaced five feet (5') apart. Sidewalk dimensions shall be 5'x50', one and one-half percent (1.5%) cross slope, and a maximum five percent (5%) longitudinal slope, and shall be constructed in accordance with the City of Port Arthur Sidewalk & Driveway Detail Sheet. Sidewalk cross slope shall continue through the driveway. Concrete surface must have brush finish. City shall coordinate with the contractor to establish proper elevation congruent to existing topography. Construct a 6'wide pedestrian ditch crossing with 6"wide x 2" high curb edge for drop off protection. Do not tie in to existing damage concrete. 3.0 Driveways: Shape and compact subgrade to establish a firm bae support. Driveway slab shall be no less than four inches(4") in depth.Tie-ins to the existing curb and gutter(unless otherwise directed by the Public Works Personnel) shall be doweled by 5/8 diameter (35) at 24" on center (Type "e" Construction Joint — see City Standards). Maximum driveway cross slope shall be 8% (1" per foot) except at sidewalk crossings(see "Sidewalks"specifications). Contractor shall install an expansion joint at the property line at all driveways. Concrete curbs shall be saw-cut to driveway entrance standards. All driveway aprons shall have triangular wings unless specified by the Engineer. Driveway width shall be (12')twelve feet wide.Tie-ins shall be constructed in accordance to the City's Sidewalk& Driveway Detail and Paving Detail Sheets. 4.0 All work shall be in accordance with City of Port Arthur standard details. All joints shall be caulked. August 2024 Reconstruction of Four(4) Homes 5.0 Forms and steel reinforcement must be inspected by the Public Works Department personnel prior to placing concrete. Contractor shall give 24-hour notice before concrete pour. 6.0 Contractor shall provide a Temporary Traffic Control Plan prior to construction operations. Location: 3418 15th Street 1.0 Excavation: Cut and remove tree roots four inches(4")outside of proposed sidewalk location or other types of vegetation when necessary. Contractor shall acquire storm-water permit (MS4) and implement Best Management Practices (BMP's)throughout the duration of the project including non- tracking of any soil on streets and is classified as a "Living Document" meaning contractor will be instructed to increase erosion control measures if current installment does not satisfy erosion prevention. Storm-water erosion prevention installments will be periodically inspected.Warnings and Stop Work Orders (SWO's)will be given if storm-water items are not maintained. 2.0 Sidewalk: Shape and compact subgrade to establish a firm base support. Sidewalk slab shall be no less than four inches (4") in depth. Place a two inch (2")sand cushion within the proposed slab area. Use 6 inches(6") by 6 inches(6")six-gage welded wire mesh. Expansion joints shall be no more than 60' apart with %" redwood joint filler and 3/8" diameter (#3) size smooth dowels with expansion caps spaced 12 inches (12")on center(Type B Expansion Joint—see City Standards unless otherwise specified by the Public Works personnel). Construction joints shall be spaced five feet (5') apart. Sidewalk dimensions shall be 5'x50', one and one-half percent (1.5%) cross slope, and a maximum five percent (5%) longitudinal slope, and shall be constructed in accordance with the City of Port Arthur Sidewalk & Driveway Detail Sheet. Sidewalk cross slope shall continue through the driveway. Concrete surface must have brush finish. City shall coordinate with the contractor to establish proper elevation congruent to existing topography. Construct a 6'wide pedestrian ditch crossing with 6"wide x 2" high curb edge for drop off protection. Do not tie in to existing damage concrete. 3.0 Driveways: Shape and compact subgrade to establish a firm bae support. Driveway slab shall be no less than four inches(4")in depth.Tie-ins to the existing curb and gutter(unless otherwise directed by the Public Works Personnel) shall be doweled by 5/8 diameter (35) at 24" on center (Type "e" Construction Joint — see City Standards). Maximum driveway cross slope shall be 8% (1" per foot) except at sidewalk crossings(see "Sidewalks"specifications). Contractor shall install an expansion joint at the property line at all driveways. Concrete curbs shall be saw-cut to driveway entrance standards. All driveway aprons shall have triangular wings unless specified by the Engineer. Driveway width shall be (12')twelve feet wide.Tie-ins shall be constructed in accordance to the City's Sidewalk& Driveway Detail and Paving Detail Sheets. 4.0 All work shall be in accordance with City of Port Arthur standard details. All joints shall be caulked. 5.0 Forms and steel reinforcement must be inspected by the Public Works Department personnel prior to placing concrete. Contractor shall give 24-hour notice before concrete pour. 6.0 Contractor shall provide a Temporary Traffic Control Plan prior to construction operations. August 2024 Reconstruction of Four(4) Homes Location: 4011 15th Street . 1.0 Excavation: Cut and remove tree roots four inches(4")outside of proposed sidewalk location or other types of vegetation when necessary. Contractor shall acquire storm-water permit (MS4) and implement Best Management Practices (BMP's) throughout the duration of the project including non- tracking of any soil on streets and is classified as a "Living Document" meaning contractor will be instructed to increase erosion control measures if current installment does not satisfy erosion prevention. Storm-water erosion prevention installments will be periodically inspected.Warnings and Stop Work Orders (SWO's)will be given if storm-water items are not maintained. 2.0 Sidewalk: Shape and compact subgrade to establish a firm base support. Sidewalk slab shall be no less than four inches(4") in depth. Place a two inch (2")sand cushion within the proposed slab area. Use 6 inches(6")by 6 inches(6")six-gage welded wire mesh. Expansion joints shall be no more than 60' apart with %" redwood joint filler and 3/8" diameter (#3) size smooth dowels with expansion caps spaced 12 inches (12")on center(Type B Expansion Joint—see City Standards unless otherwise specified by the Public Works personnel). Construction joints shall be spaced five feet (5') apart. Sidewalk dimensions shall be 5'x50', one and one-half percent (1.5%) cross slope, and a maximum five percent (5%) longitudinal slope, and shall be constructed in accordance with the City of Port Arthur Sidewalk & Driveway Detail Sheet. Sidewalk cross slope shall continue through the driveway. Concrete surface must have brush finish. City shall coordinate with the contractor to establish proper elevation congruent to existing topography. Construct a 6'wide pedestrian ditch crossing with 6"wide x 2" high curb edge for drop off protection. Do not tie in to existing damage concrete. 3.0 Driveways: Shape and compact subgrade to establish a firm bae support. Driveway slab shall be no less than four inches(4") in depth.Tie-ins to the existing curb and gutter(unless otherwise directed by the Public Works Personnel) shall be doweled by 5/8 diameter (35) at 24" on center (Type "e" Construction Joint — see City Standards). Maximum driveway cross slope shall be 8% (1" per foot) except at sidewalk crossings(see"Sidewalks"specifications). Contractor shall install an expansion joint at the property line at all driveways. Concrete curbs shall be saw-cut to driveway entrance standards. All driveway aprons shall have triangular wings unless specified by the Engineer. Driveway width shall be (12')twelve feet wide.Tie-ins shall be constructed in accordance to the City's Sidewalk& Driveway Detail and Paving Detail Sheets. 4.0 All work shall be in accordance with City of Port Arthur standard details. All joints shall be caulked. 5.0 Forms and steel reinforcement must be inspected by the Public Works Department personnel prior to placing concrete. Contractor shall give 24-hour notice before concrete pour. 6.0 Contractor shall provide a Temporary Traffic Control Plan prior to construction operations. August 2024 Reconstruction of Four(4) Homes Location: 2649 10th Street 1.0 Excavation: Cut and remove tree roots four inches (4") outside of proposed sidewalk location or other types of vegetation when necessary. Contractor shall acquire storm-water permit (MS4) and implement Best Management Practices (BMP's)throughout the duration of the project including non- tracking of any soil on streets and is classified as a "Living Document" meaning contractor will be instructed to increase erosion control measures if current installment does not satisfy erosion prevention. Storm-water erosion prevention installments will be periodically inspected.Warnings and Stop Work Orders (SWO's)will be given if storm-water items are not maintained. 2.0 Sidewalk: Shape and compact subgrade to establish a firm base support.Sidewalk slab shall be no less than four inches (4") in depth. Place a two inch (2") sand cushion within the proposed slab area. Use 6 inches (6") by 6 inches (6") six-gage welded wire mesh. Expansion joints shall be no more than 60' apart with %" redwood joint filler and 3/8" diameter (#3) size smooth dowels with expansion caps spaced 12 inches (12") on center (Type B Expansion Joint — see City Standards unless otherwise specified by the Public Works personnel). Construction joints shall be spaced five feet (5') apart. Sidewalk dimensions shall be 5'x50', one and one-half percent (1.5%)cross slope, and a maximum five percent (5%) longitudinal slope, and shall be constructed in accordance with the City of Port Arthur Sidewalk& Driveway Detail Sheet. Sidewalk cross slope shall continue through the driveway. Concrete surface must have brush finish. City shall coordinate with the contractor to establish proper elevation congruent to existing topography. Construct a 6'wide pedestrian ditch crossing with 6" wide x 2" high curb edge for drop off protection. Do not tie in to existing damage concrete. 3.0 Driveways: Shape and compact subgrade to establish a firm bae support. Driveway slab shall be no less than four inches(4") in depth.Tie-ins to the existing curb and gutter(unless otherwise directed by the Public Works Personnel) shall be doweled by 5/8 diameter (35) at 24" on center (Type "e" Construction Joint — see City Standards). Maximum driveway cross slope shall be 8% (1" per foot) except at sidewalk crossings(see "Sidewalks" specifications). Contractor shall install an expansion joint at the property line at all driveways. Concrete curbs shall be saw-cut to driveway entrance standards. All driveway aprons shall have triangular wings unless specified by the Engineer. Driveway width shall be (12')twelve feet wide.Tie-ins shall be constructed in accordance to the City's Sidewalk& Driveway Detail and Paving Detail Sheets. 4.0 All work shall be in accordance with City of Port Arthur standard details. All joints shall be caulked. 5.0 Forms and steel reinforcement must be inspected by the Public Works Department personnel prior II to placing concrete. Contractor shall give 24-hour notice before concrete pour. 6.0 Contractor shall provide a Temporary Traffic Control Plan prior to construction operations. Notes: Should you have any questions please feel free to contact Derrick Holland at (409) 983-8155 or 0 Adam Alfred 983-8157. August 2024 Reconstruction of Four(4) Homes H PAYMENT BOND i PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of , County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the Pleasure Island Commission, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2024, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. H-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., 2024. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. H-2 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 2022, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. I-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 2024. ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. I-2 I NOTICE OF AWARD THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM \ • ` CITY MANAGER MAYOR PRO TEM City,of r;r, -- COUNCIL MEMBERS: /.:;\\\ �! SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. CITY SECRETARY TIFFANY L.HAMILTON EVERFIELD o r t r t It u HAROLD L.DOUCET,SR. ROXANN PAIS COTRONEO THOMAS KINLAW,III leras CITY ATTORNEY DONALD FRANK,SR. NOTICE OF AWARD Date: James W. Turner Construction, LTD Attn: James W. Turner 14215 Mary Jane Lane Tomball, TX 77377 Re: Reconstruction of 4 Properties You are notified that on November 6, 2024, the City of Port Arthur City Council awarded James W. Turner Construction, LTD 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 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 form1295.htm. 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 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 1089 1 444 4th Street( Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM CITY MANAGER MAYOR PRO TEM tyCi awn?'' COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. CITY SECRETARY TIFFANY L.HAMILTON EVERFIELDj nrt rtltur HAROLD L.DOUCET,SR. ROXANN PHIS COTRONEO THOMAS KINLAW,III texas CITY ATTORNEY DONALD FRANK,SR. NOTICE OF AWARD James W. Turner Construction 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: James W. Turner Construction, LTD. Signature: Print: Title: Date: CC: Beverly Freeman, Housing&Revitalization Manager Page 2 of 2 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 K NOTICE TO PROCEED THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM CITY MANAGER MAYOR PRO TEM Ciry of COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. CITY SECRETARY TIFFANY L.HAMILTON EVERFIELD - HAROLD L.DOUCET,SR. o r t r t h o r THOMAS KINLAW III Texas ROXANN PAIS COTRONEO DONALD FRANK,SR. INTERIM CITY ATTORNEY NOTICE TO PROCEED Date James W. Turner Construction, LTD Attn: James W. Turner 14215 Mary Jane Lane Tomball, TX 77377 Re: Reconstruction of 4 Properties You are notified that the Contract Times under the above contract will begin to run on by that date, you are to start performing your obligations under the Contract Documents The date of Contract Termination will be . 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 Beverly Freeman thank you for partnering with the City of Port Arthur. Respectfully, ACCEPTANCE OF NOTICE TO PROCEED Company: James W. Turner Construction, LTD Clifton Williams, Signature: Purchasing Manager Print: Title: Date: CC: Beverly Freeman, Housing & Revitalization Manager PurchasingDivision/Finance Department I Purchasing Manager,Clifton Williams P P.O.Box 10891444 4th Street 1 Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 L INSURANCE ® DATE (MMIDDIYYYY) AW D 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 CONTACT NAME: PHONE FAX(A/C, (A/C,No,Ext): No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSR WVD POLICYNUMBER (MMIDD/YYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED 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-COMP/OP AGG $ POLICY PECT LOC $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident) $ AUTOS D AUTOS HIRED AUTOS NON-OWNED PR P RTY DAMAGE $ AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED 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/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD M ADDENDUMS ctn gf -CITY OF PORT ARTHUR,TEXAS ort ►thu ADDENDUM NO. ONE (1) Texas August 24,2024 BID FOR: RECONSTRUCTION OF 4 PROPERTIES AT 3237 15TH STREET,4011 15TH STREET, 2649 10TH STREET AND 3418 15TH STREET 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 addressing questions asked 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, September 4, 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, September 4, 2024 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager Signature of Proposer Date Company Vendor Name c,„,1 ® -CITY OF PORT ARTHUR,TEXAS �j. ADDENDUM NO.TWO (2) rt August 30,2024 BID FOR: RECONSTRUCTION OF 4 PROPERTIES AT 3237 15TH STREET,4011 15TH STREET, 2649 10TH STREET AND 3418 15TH STREET 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 addressing questions asked 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, September 11, 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,September 11,2024 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. 09 Cliften Williams Purchasing Manager Signature of Proposer Date Company Vendor Name cm of -CITY OF PORT ARTHUR,TEXAS ortrthuryl ADDENDUM NO. THREE (3) Texas September 3,2024 BID FOR: RECONSTRUCTION OF 4 PROPERTIES AT 3237 15TH STREET,4011 15TH STREET, 2649 10TH STREET AND 3418 15TH STREET 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 addressing questions asked 1. Eliminate the stand-alone shower in the master bathroom. 2. Extend the closet in the master bathroom by 2 ft into space where shower was. The remaining space in shower area will become a linen closet. 3. "Low E High Impact Windows" is required. 4. Replace 3 ton with 2.5 ton A/C unit with iron cage and locks. 5. Install handrails by the toilets and bathtubs in both bathrooms; follow the ADA Requirements. 6. The parking pads must be 36' x 20' or 18' x 40',three hundred sixty square feet(360'),adequate for two vehicles parked 20' inside the property line, vertically or horizontally, whichever is appropriate for the property. 7. All Counter tops must be granite NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clift.66 Williams Purchasing Manager Signature of Proposer Date Company Vendor Name r,, -CITY OF PORT ARTHUR,TEXAS *2r ADDENDUM NO.FOUR(4) September 9,2024 BID FOR: RECONSTRUCTION OF 4 PROPERTIES AT 3237 15TH STREET, 4011 15TH STREET,2649 10TH STREET AND 3418 15TH STREET 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. 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, September 18, 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, September 18, 2024 in the City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. rift. Clifton Williams Purchasing Manager Signature of Proposer Date Company Vendor Name N NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § > STATE OF TEXAS I By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submis ion of this bid proposal. Signature: Printed Name: 11 James W. Turner Title: President Company: James W. Turner Construction, Ltd. Date: 08/22/2024 James W.Turner SUBSCRIBED and sworn to before me the undersigned authority by the President of, on behalf of said bidder. James W.Turner Construction, Ltd. 8-u3 a),d Notary ublic I nd for the State of Texas My commission expires: Q1.\1.1p rap TIFFANY F WARD NOTARY PUBLIC • j� STATE OF TEXAS MY COMM.EXP.09/26/26 NOTARY ID 13398406-3 I I 0 AFFIDAVIT I IAFFIDAVIT I 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. IThe undersigned offers and agrees to one of the following: V 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. II hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. II 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. I James W. Turner Construction, Ltd. 08/22/2024 IFirm t• 1,: Date t ) President IAu i*orized Signature Title James W. Turner 281-290-9011 1 Name(please print) Telephone info@jwtc.net IR Email ISTATE: Texas COUNTY: Harris I SUBSCRIBED AND SWORN to before me by the above named James W.Turner 111 on this the 22nd day of August , 20 24 . I D-1 _1,VL1 CJ 0(Jl0 Notary-Public IRETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL .fit TIFFANY F WARD NOTARY PUBLIC STATE OF TEXAS '°',rE.oriE..>°' MY COMM.EXP.09/26/26 NOTARY ID 13398406.3 I I I p CONFLICT OF INTEREST I I CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ 111 For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code.by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later �► than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. James W. Turner Construction, Ltd. J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the dale on which you became aware that the originally tiled questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Not Applicable Name of Officer J Describe each employment or other business relationship with the local government officer.or a family member of the officer.as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. 1 A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income.from the vendor? Yes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No -J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Not Applicable flCheck this box if the vendor has given the local government officer or afamily member of the officer one or more gifts as descri d in ction 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). It fViotettidSi ture f vendor doing business with the governmental entity 08/22/2024Dote Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11.30;2015 I I I I I CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income,other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 I I I I SB 252 CHAPTER 2252 CERTIFICATION I I SB 252 CHAPTER 2252 CERTIFICATION I I, James W. Turner ,the undersigned and representative of James W. Turner Construction, Ltd. (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. James W. Turner Name of Co pany Representative(Print) t "A t J gna re of Company Representative 08/22/2024 Date I I I I I I R HOUSE BILL 89 VERIFICATION House Bill 89 Verification I, James W.Turner (Person name), the undersigned representative (hereafter referred to as "Representative") of James W.Turner Construction, Ltd. (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 IIsraeli-controlled territory, but does not include an action made for ordinary business purposes. SI TURE OF REPRESENTATIVE i SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 22nd day of August , 2024 ' Notary Pu is TIFFANY F WARD +°`sYpue° NOTARY PUBLIC STATE OF TEXAS Nl„z'oFt0S MY COMM.EXP.09/26/26 NOTARY ID 13398406-3 I 1