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HomeMy WebLinkAboutPR 24244 AUTHORIZING A CONTRACT WITH GREENSCAPES SIX FOR BUS STOP CONSTRUCTION City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit-Fleet Director Date: March 27,2025 Re: P.R.24244—Transit Bus Pad Project Round 3 Nature of Request: Authorize the City Manager to execute a contract with Greenscapes Six, LLC., for the construction of bus stops for Port Arthur Transit(PAT)in an amount not to exceed$199,175.50. Background: PAT maintains bus stops throughout its service area that are utilized for fixed-route service. The bus stops conditions vary with some being ADA complaints while others require an upgrade to meet this standard. PAT has contracted Soutex, Inc. to review bus stops and develop a design package to address ADA compliance. Soutex, Inc. submitted a bid package containing 21 bus stops in their second round of bus stop reviews. Port Arthur's Purchasing Division issued a Request for Bids(RFB)to construct the bus stops. One(1) bid received and evaluated by Purchasing and PAT. Greenscapes Six LLC , of Liberty,Texas, in the amount$199,175.50. Recommendation: It is recommended the City Council approve proposed P.R. 24244 for the construction of bus stops in the amount not to exceed$199,175.50. Budgetary/Fiscal Effect: Funding to pay for the construction of bus stops is available in account 401- 70-530-8525-00-60-000. Project TR11316 CAP.00O. P.R. 24244 3/27/2025 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GREENSCAPES SIX, LLC. OF LIBERTY, TEXAS, FOR BUS STOP CONSTRUCTION AT VARIOUS LOCATIONS IN THE CITY OF PORT ARTHUR, TEXAS, IN AN AMOUNT NOT TO EXCEED $ 199,175.50. FUNDING IS AVAILABLE IN ACCOUNT 401-70-530-8525-00-60-000. Project TR11316 CAP.00O WHEREAS, Port Arthur Transit ("PAT") has received funding from the Federal Transit Administration for the purpose of designing and reconstructing bus stops throughout the City; and WHEREAS, PAT previously retained a qualified engineering firm to provide engineering and design services for twenty-one(21)proposed bus stop locations; and WHEREAS, the City's Purchasing Division duly issued a Request for Bids for the construction phase of this project, published in the Port Arthur News on March 1, 2025, and again on March 8, 2025; and WHEREAS, the City received one (1) responsive bid, which was reviewed and evaluated by both the Purchasing Division and PAT staff, with the resulting Bid Tabulation attached hereto and incorporated herein as Exhibit"A"; and WHEREAS, based on said evaluation, PAT recommends the award of the construction contract to Greenscapes Six, LLC of Liberty, Texas, as the lowest responsive and responsible bidder; and WHEREAS, the contract agreement between the City of Port Arthur and Greenscapes Six, LLC is attached hereto and incorporated herein as Exhibit`B NOW, THEREFORE, BE 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 findings and recitations set out in the preamble to this Resolution are hereby found to be true and correct and are adopted by the City Council as part of this Resolution. Section 3. That the City Manager is hereby authorized to execute a contract, in substantially the form attached hereto as Exhibit `B", with Greenscapes Six, LLC of Liberty, Texas, for the construction of bus stops at various locations within the City of Port Arthur, in an amount not to exceed $199,175.50. Funding for the project shall be expended from Account No. 401-70-530-8525-00-60-000, Project No. TR11316 CAP.00O. P.R. 24244 3/27/2025 IM Section 4. That the caption of this Resolution be spread upon the minutes of the City Council. READ,ADOPTED, AND APPROVED this day of April 2025 at a Regular Meeting of the City of Port Arthur, Texas,by the following vote: AYES: P.R. 24244 3/27/2025 IM Mayor: Councilmembers: NOES: Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APP Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: • ‘*e•kli1P..v W. r nlle3 69kC'-€-" Ronald Burton Lynda Boswell City Mara!- CPM Di ctor of Finance ItA L Clifton Williams,CPPB Ivan itchell Purchasing Manger Transit-Fleet Director P.R. 24244 3/27/2025 IM Exhibit "A" __,; _ TBPE Firm No.F-5755 z 0 , TBPLS Firm No.10123800 �-: LA EF.00057 OUTEX ; i ti SURVEYORS&'ENGINEERS =s Office(409)983.2004 Fax(409)983.2005 March 27, 2025 City of Port Arthur 344 Proctor Street Port Arthur,TX 77640 Attn: Mr. Ivan Mitchell Transit Director Re: COPA Transit Bus Bad Project Round 3 Soutex No. 23-0139 Dir Sir: Please find attached a bid tabulation of the bid received on March 26, 2025 @ 3:15pm. 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INFORMATION TO BIDDERS • GENERAL INFORMATION • FEDERAL CLAUSES D. SPECIFICATION E. BID PROPOSAL YES F. BID BOND YES G. CONFLICT OF INTEREST(IF NO CONFLICT WRITE NA ON YES LINE 1 AND SIGN/DATE LINE 7) H. PAYMENT BOND I. INSURANCE J. PERFORMANCE BOND K. HOUSE BILL 89 VERIFICATION YES L. NON-COLLUSION AFFIDAVIT YES M. AFFIDAVIT PAGE YES N. SB 252 YES O. WAIVER AND INDEMNIFICATION YES P. DBE DOCUMENT YES Q. CERTIFICATE OF SUBSTANTIAL COMPLETION R. LIST OF SUBCONTRACTORS S. STATUTORY LIEN WAIVER FORMS APPLICATION T. AND CERTIFICATE FOR PAYMENT CHILD SUPPORT U. CERTIFICATION FORM V. BID PROTEST SECTION A CONTRACT FOR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 THIS AGREEMENT,made this day of ,2025,by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, and a(n) Corporation herein after called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be days after the start date on Notice to Proceed. 2. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts stated in bid document. 4. The term "Contract Documents" means and includes the following: A. Agreement B. Invitation to Bid C. General Information D. Specification E. Bid F. Bid Bond G. Insurance H. Notice of Award I. Notice to Proceed J. Federal Forms 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of , 2025. Page 1 of 2 CITY OF PORT ARTHUR BY: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary Signed on the day of , 2025. CONTRACTOR BY: PRINT NAME: TITLE: WITNESS: PRINT NAME: Page 2 of 2 SECTION B CITY OF PORT ARTHUR Request for Bids Port Arthur Transit Bus Pad Project Round 3 March 1, 2025 March 8, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS otice 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 ter than 3:00 p.m.,Wednesday,March 26, 2025 and all bids received will thereafter be opened rfd read aloud at 3:15 P.M., on Wednesday,March 26, 2025 in the City Council Chambers,5th loor,City Hall,Port Arthur,Texas for certain services briefly described as: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 ids received after the deadline stated above,regardless of method of delivery,will not be considered id returned unopened. opies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 :h Street,City of Port Arthur,and are open for public inspection without charge.They can also be grieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. HE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND D WAIVE FORMALITIES. er Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall not ward a contract to a company that is in arrears in its obligations to the City. Cliff W!hams, PB Purchasing Manager PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids;addressed'to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 26,2025 and all bids received will thereafter be opened and read aloud at 3:15 P.M.,on Wednesday,March 26,2025 in the City Council Chambers, 5th Floor,City Hall,Port Arthur,Texas for certain services briefly described as: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office;444 I4th 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. THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND 1 TO WAIVE FORMALITIES. I Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not i award a contract to a company that is in arrears in its obligations to the City. i i co!;Williams,C' PB Purchasing Manager CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, March 26, 2025 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 26, 2025 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND TO WAIVE FORMALITIES. 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. Cli n Williams Purchasing Manager FIRST PUBLICATION: March 1, 2025 SECOND PUBLICATION: March 8,2025 SECTION C GENERAL INFORMATION: 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. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Most Responsive Bid in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. 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. WITHDRAWAL OF BID: The bidder may withdraw its bid by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The bidder may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline. 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. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this ITB, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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 will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer'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. All addenda will be numbered consecutively, beginning with 1. PRICES: The bidder should show in the bid 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.: Transit, 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. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. 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 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. 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. 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. 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 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 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. 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. 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 from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF BIDS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Bidder has notified the City, in writing, that the Bidl Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. AMBIGUITY: Any ambiguity in the Bid Document as a result of omission, error, lack of clarity or non-compliance by the Bidder with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Bidder's ability to meet the minimum standards required by this ITB. CHANGE ORDER (a) The Contracting Officer may at any time, and without notice to the sureties, if any, by a written order, make changes within the general scope of this contract in any one or more of the following: (is) drawings, designs, or specifications; (ii) extending term of contract; and (iii) equitable adjustment in price/time of performance. If any such change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by the order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. (b) Any notice of intent to assert a claim for adjustment under this clause must be asserted by the Contractor within 30 days from the date of receipt of the Contracting Officer's written order; provided, however, that later notice shall not bar the Contractor's claim if the Contractor can demonstrate that PAT was not prejudiced by the delay in notification. In no event shall any claim be asserted after final payment. Form PTN-130 1rrr� Consolidated Certification Form (Rev.4119) c;a„a, „r Page 1 of 11 ansv.raao., I. GENERAL: The undersigned vendor certifies to abide by these clauses and include the following clauses in each subcontract financed in whole or in part with Federal Transit Administration (FTA) funds. Vendors are certifying by reference the entire list of FTA's current fiscal year Certifications and Assurances(for fiscal year: 2021 ),and shall download the same at: https://www.transit.dot.gov/funding/grantee-resources/certifications-and-assurances/certifications-assurances A. Access to Third Party Contract Records(ALL) As required by 49 U.S.C. § 5325(g). The VENDOR agrees provide sufficient access to records as needed to assure proper project management and compliance with Federal laws and regulations. B. Interest of Members of or Delegates to Congress(ALL) The vendor certifies that no member of or delegate to the Congress of the United States(US)shall be admitted to any share or part of this contract or to any benefit arising therefrom. C. Prohibited Interest(ALL) The vendor certifies that no member, officer or employee of the Public Body or of a local public body during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. D. Cargo Preference-Use of United States-Flag Vessels(property transported on ocean vessels) The vendor agrees: a. to use privately owned US -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the US or within 30 working days following the date of loading for shipments originating outside the US, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient(through the contractor in the case of a subcontractor's bill-of-lading). E. Energy Conservation(ALL) The vendor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. F. No Obligation by the Federal Government. (ALL) The Purchaser and vendor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract). G. Program Fraud and False or Fraudulent Statements or Related Acts(ALL) The vendor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S. C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31, apply to its actions pertaining to this project. The vendor certifies truthfulness and accuracy of any statement it makes pertaining to the FTA-assisted project. The vendor acknowledges that if it makes, or causes to be made, a false,fictitious or fraudulent claim, statement,submission or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 as deemed appropriate. The vendor acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement submission, or certification to the Federal Government relating to the FTA-assisted project, per 49 U.S.C. §5307, the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1)on the Contractor,as deemed appropriate. H. Contract Work Hours(all over 100K) (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Form PTN-130(Rev.4119) Page 2 of 11 (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section, the contractor& any subcontractor responsible therefore shall be liable for unpaid wages and shall be liable to the United States for liquidated damages which shall be computed for each individual laborer, mechanic, watchman or guard employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day that an individual was required / permitted to work over 40 hours in a workweek without payment of overtime wages required by the clause in paragraph(1)of this section. (3) Withholding for unpaid wages and liquidated damages - The purchaser shall upon its own action or upon written request of the Department of Labor(DOL) withhold or cause to be withheld, from any money payable for work performed by the contractor or subcontractor under any contract or other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as set-forth in paragraph(2)of this section. (4) Subcontracts - The contractor or subcontractor shall include the clauses set forth in this section and require the same from subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these clauses. (5) Payrolls and basic records - Payrolls and related basic records shall be maintained by the contractor during the course of the work and preserved for three years thereafter for all laborers and mechanics working at the work site (or under the United States Housing Act of 1937 or the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address and social security number of each worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records showing that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and records of the costs anticipated or actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of registration of apprenticeship programs, certification of trainee programs, registration of the apprentices and trainees, and ratios &wage rates prescribed in applicable programs. I. Civil Rights(over 10K) (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act (CRA), as amended, 42 U.S.C. §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. §12132, and Federal transit law at 49 U.S.C. §5332,the vendor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the vendor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity-The following equal employment opportunity requirements apply: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VI of the CRA, as amended. 42 U.S.C. §2000e, and Federal transit laws at 49 U.S.C. §5332, the vendor agrees to comply with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, DOL,"41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity,"as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §2000e note), and with any applicable Federal statutes, executive orders, regulations and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The vendor agrees to take affirmative action to ensure that applicants are employed & treated during employment without regard to their race, color, creed, national origin, sex or age. Action shall include but not be limited to employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The vendor agrees to comply with any implementing requirements FTA may issue. (b)Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967(29 U.S.C. §§623 and 49 U.S.C. §5332), the vendor agrees to refrain from discrimination against present and prospective employees for reason of age.and comply with any implementing requirements FTA may issue. Form PTN-130(Rev.4119) Page 3 of 11 (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act (42 U.S.C. §12112), the contractor agrees to comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities, and to comply with any implementing requirements FTA may issue. J. Incorporation of Federal Transit Administration(FTA)Terms(ALL) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any transit agency requests which would cause the transit agency to violate FTA terms and conditions. K. Application of Federal. State, &Local Laws, Regulations, &Directives(Federal Changes)(ALL) The VENDOR agrees that Federal laws and regulations control project award and implementation. The VENDOR understands and agrees that unless the recipient requests FTA approval in writing, the VENDOR may incur a violation of Federal laws or regulations or this agreement if it implements an alternative procedure or course of action not approved by FTA. The VENDOR understands and agrees that Federal laws, regulations, and directives applicable on the date on which Federal assistance is awarded may be modified from time to time. In particular, new Federal laws, regulations, and directives may become effective after the date the project agreement is effective, and might apply to that project agreement. The VENDOR agrees that the most recent versions of such Federal laws,regulations, and directives will apply to the administration of the project at any particular time. L. Right of the State Government to Terminate(ALL) Upon written notice, the VENDOR agrees that the State Government may suspend or terminate all or any part of State assistance if terms of the project agreement are violated, if the State Government determines that the purposes of the laws authorizing the Project would not be adequately served by the continuation of State assistance for the Project., if reasonable progress on the Project is not made, if there is a violation of the project agreement that endangers substantialperformance of the Project, or if the State Government determines that 9 1 State assistance has been willfully misused by failing to make appropriate use of Project property. Termination of State assistance for the Project will not typically invalidate obligations properly incurred before the termination date to the extent those obligations cannot be canceled. The State Government reserves the right to require the refund of the entire amount of State assistance provided for the Project or a lesser amount. M. Disputes. Breaches, Defaults, or Other Litigation (over 150K) The VENDOR agrees that FTA has a vested interest in the settlement of any dispute,breach, default, or litigation involving the Project. Accordingly: a. Notification to FTA. The VENDOR is aware that recipients of Federal assistance must notify FTA in writing of any current or prospective major dispute, breach, default, or litigation that may affect the Federal Government's interests in the Project or the administration or enforcement of Federal laws or regulations. If the Federal Government is to be named as a party to litigation for any reason, in any forum, the appropriate FTA Regional Counsel is to be notified in writing before doing so. b. Federal Interest in Recovery. The VENDOR is aware that the Federal Government retains the right to a proportionate share, based on the percentage of the Federal share awarded for the Project, of proceeds derived from any third party recovery. C. Enforcement. The VENDOR agrees to pursue its legal rights and remedies available under any third party contract or available under law or regulations. d. FTA Concurrence. The VENDOR is aware that FTA reserves the right to concur in any compromise or settlement of any claim involving the Project. e. Alternative Dispute Resolution. The VENDOR is aware that FTA encourages the use of alternative dispute resolution procedures, as may be appropriate. f. Agency Process. Transit agency enters dispute resolution process here. Form PTN•130(Rev.4119) Page 4 of 11 N. Fly America (foreign air transport or travel) The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America"Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements.The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. O. Recycled Products(all products) The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. P. Access for Individuals with Disabilities(ALL) The VENDOR agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The VENDOR also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S. C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; and with other laws and amendments thereto pertaining to access for individuals with disabilities that may be applicable. In addition, the VENDOR agrees to comply with applicable implementing Federal regulations any later amendments thereto, and agrees to follow applicable Federal directives except to the extent FTA approves otherwise in writing. Among those regulations and directives are: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,"36 C.F.R. Part 1192 and 49 G.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services,"28 C.F.R. Part 35; (5) U.S. _DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; (7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; (9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; (10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing. Form PTN-130(Rev.4'19) Page 5 of 11 Q. Debarment and Suspension (over 25K) The vendor hereby certifies that it and its principals have not presently or within a three year period been debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal agency; and the vendor hereby certifies that it and its principals have not presently or within a three-year period been convicted of or had a civil judgment rendered against them for the commission of a fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, state or local) transaction; violation of Federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. R. Clean Water&Air(over 150K) The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§7401 et seq. The vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to the FTA and the EPA. S. Non-Lobbying (over 150K) The undersigned certifies to the best of his or her knowledge and belief that: 1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence any officer or employee of an agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, USC. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. T. Lobbying and Disclosure Certification Name of Company g Printed Name of Person omp eting Form eia ,5 y�tic r^Ser,? fr P(— Date Signature Form PTN-130 (Rev.4/19) Addendum B Consolidated Certification Form Page 1 of 2 AgTs s Addendum B - Transit Operations or ra non Management Projects I.Transit Employee Protective Arrangements (a)General Transit Employee Protective Requirements- To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. 5333(b),and U.S. DOL guidelines at 29 C.F.R. Part 215,and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. §5310(aX2), or for projects for nonurbanized areas authorized by 49 U.S.C. §5311. Alternate provisions for those projects are set forth in subsections(b) and (c) of this clause. fb) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§5310(a)(2)for Elderly Individuals and Individuals with Disabilities- If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. §5333(b)are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. §5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c)Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§5311 in Nonurbanized Areas- If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. §5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. II.Charter Service Operations The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental,"i.e., it must not interfere with or detract from the provision of mass transportation. Ill.School Bus Operations Pursuant to 69 U.S.C. 5323(f) and a d 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment,vehicles,or facilities. Form PTN-130(Rev.4/19) Page 6of11 U. CERTIFICATION TO PURCHASER: A. The undersigned vendor certifies that the manufactured good(s)furnished will meet or exceed the specifications, and/or that services rendered will comply with the terms of the solicitation or contract. B. The undersigned vendor certifies that it has read all of the bid, proposal,or contract documents and agrees to abide by the terms,certifications, and conditions thereof. Name of Company Address b 06.6 Lc/ Printed Name of Person Corppleting Form r Telephone Signature 7 '7/5 - -74 �. Date !SS#or Tax ID# icy _ 1411I — I76'Zct5 Description of Commodity or Service eeI �]r )5 +P(' 7:d0 t?iP u c I Disadvantaged Business Enterprise Information Type of Organization(circle) ❑ Sole Proprietorship ❑ General Proprietorship Is your firm a DBE? ❑ (yes) a (no) ❑ Corporation ❑ Limited Partnership If yes. what type? Limited Proprietorship V. Disadvantaaed Business Enterprises(DBE)Certification(Transit Vehicle Manufacturer or NM) The vendor will provide products compliant with 49 CFR 26.49 regarding the vehicle manufacturer's overall DBE goal. Name of manufacturer of vehicle(s)to be delivered: W. Disadvantage Business Enterprise(DBE) Race-Neutral Required Clauses(Non-NM): The DBE rules set forth in 49 CFR Part 26 apply to all contracts funded in whole or in part with Federal DOT funds. Contracts and subcontracts must contain the clauses listed in 49 CFR 26.13 and 49 CFR 26.29. Sub-recipients with contracts that contain a DBE goal must coordinate with their PTC in order to ensure solicitations and contracts comply with DBE requirements. 49 CFR 26.13—What assurances must recipients and contractors make? Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor,sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract. which may result in the termination of this contract or such other remedy as the recipient deems appropriate,which may include, but is not limited to: (1)Withholding monthly progress payments; (2)Assessing sanctions; (3)Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible." 49 CFR 26.29--What Prompt Payment Mechanisms Must Recipients Have? Grantees must establish a contract clause requiring prime contractors to pay subcontractors for satisfactory performance no later than 30 days from receipt of each payment the grantee makes to the prime contractor. This clause must require the prompt return of retainage payments from the prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. For more information on these please review 49 CFR 26.29 and the FTA Best Practice Procurement Manual Form PTN-130(Rev.4/19) Page 7 of 11 X. Altoona Test Certification (for rolling stock purchases)(Check one of the following): ❑ The vehicle has been Altoona tested, report number: ❑ The vehicle is exempt from testing IAW 49 CFR 665. ❑ The vehicle is currently being tested at Altoona. Funds will not be released until the purchasing agency gets a copy of the Altoona test report, as appropriate, per 49 CFR 665. Y. Federal Motor Vehicle Safety Standards (FMVSS) Certification (for rolling stock purchases) Any vehicles provided by the vendor will comply with all applicable FMVSS. The vendor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. FMVSS Certification Name of Company gg 1� rr Prin d Name of Person Completing Form Date Signature 1//11775 Z. Buy America (Check where applicable): (over$150K rolling stock, construction, materials) 153.The vendor or offeror hereby certifies it will comply with the requirements of 49 USC 5323(j)and the applicable regulations in 49 CFR 661, providing Buy America compliant manufactured goods or rolling stock. ❑ The vendor or offeror cannot comply with the requirements 49 USC 5323(j), but may qualify for an exception to the requirement pursuant to the regulations in 49 CFR 661. Buy America Certification Name of Company Printed Name of Person ompleting Form Date Signatu 14/47 II. SPECIAL PROJECT TYPE PROVISIONS -the following addenda are attached and endorsed as appropriate: A. Construction or Architectural &Engineering Projects B. Transit Operations or Management Projects ❑ C. Intelligent Transportation System or Research & Development Form PTN-130 (Rev.4/19) Addendum B Page 2 of 2 IV. Drug &Alcohol Misuse and Testing Alternate certifications are available in the Best Practices Procurement Manual. Contractors must consult with the transit agency prior to making an alternate certification. http:i/www.fta.dot.gov/fun_d_ingithirdpartyorocurementlbocrnigrants financing 6195.html#BM31 "Option#2 Provisions" -The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of(name of State),or the(insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process. The contractor agrees further to certify annually its compliance with Part 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the"Substance Abuse Certifications"in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. Transit Operations or Management Project Certification Name of Company /� Prin d Name of Per on Completing Form S Xr 116 tne:41 reler- Date Signat re L174-1 Form PIN•130 (Rev.4119) Addendum C Consolidated Certification Form Pagelof2 Addendum C - Planning, Research & Development. or ITS Projects A. Rights in Data- The following requirements apply to each contract involving experimental.developmental or research work: (1)The term "subject data" used in this clause means recorded information,whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so,without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. §18.34 and 49 C.F.R. §19.36, the Federal Government reserves a royalty-free, non- exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes,"any subject data or copyright described in subsections(2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection(c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections(b), (c), and(d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. Form PTN-130 (Rev.4/19) Addendum C Page 2 of 2 (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights- The following requirements apply to each contract involving experimental.developmental.or research work: (1)General -If any invention, improvement,or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2)Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status(a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of p Commerce regulations, "Rights to Inventions bons Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. C.National Intelligent Transportation Systems Architecture and Standards- To the extent applicable, the Recipient agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §5307(c), 23 U.S.C. §512 note, and follow the provisions of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," 66 Fed. Reg. 1455 et seq., January 8, 2001, and any other implementing directives FTA may issue at a later date,except to the extent FTA determines otherwise in writing. Planning, Research&Development, ITS Project Certification Name of Company Printed Name of Person Completing Form Date Signatu e SECTION D TRANSIT BUS PAD PROJECT ROUND 1 SPECIFICATIONS Please review drawing for specifications SECTION E GREENSCAPES SAX CONCRETE I GOLF I ATHLETIC I IRRIGATION LANDSCAPE ( LOGISTICS PROPOSAL Greenspaces Six, LLC would like to propose all work indicated in Sealed Bid P25-032 "PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3" to be completed in the number below in the bid sheet. It would be our pleasure to assist the City of Port Arthur with the needs indicated in P25-032. If you have any questions, please do not hesitate to reach out to me at 713-501-7456. Thank you, Mike Archer, Managing Partner GREENSCAPES SIX,LIC / 13 Private RD, Liberty,TX 77575 / 713-714-3500 / 713-714-1200 y,P GREENSCAPES SIX CONCRETE I GOLF f ATHLETIC ( IRRIGATION 1 LANDSCAPE I LOGISTICS EXECUTIVE SUMMARY CONTACT Mike Archer Managing Partner (713) 501-7456 marcherCgreenscapes6.com COMPANY HISTORY Greenscapes Six, LLC registered with the State of Georgia May 22, 2015 and then the State of Texas soon after. With a hand-full of exceptions, all projects have been performed in Texas.The Greenscapes Six team, led by industry veterans Mike Archer and Joey Taylor, has performed construction projects for over three decades, completing over$250 million of projects including recent assignments at City of Pearland, City of Alvin, City of Friendswood, City of Port Arthur, City of Conroe, and City of Tomball. Greenscapes Six offers a platform of solution-based resources transferable across the concrete, asphalt, utility, landscape, irrigation construction and maintenance industries. Many clients, including municipalities,seek skilled teams to perform paving construction,road construction, sidewalk and driveway repair and replace, paving, drainage, ADA ramp, curb and gutter, and more, all of which are in the wheelhouse of Greenscapes Six. QUALIFICATIONS Greenscapes Six holds annual concrete and sidewalk contracts with a number of municipalities as well as project-specific contracts on construction services. Greenscapes Six, LLC also has previously worked with the City of Cleveland. These include a contract with the City of Pearland, Alvin, La Porte, and Conroe as well as annual concrete paving service contracts with the City of Friendswood and the City of Port Arthur among others. Please see the attachments entitled "References" for more information on Greenscapes Six, LLC qualifications. Here is a quote from one of our customers regarding our work. "Recently, Greenscapes Six completed sidewalk repair and renovation work for us here at the City of La Porte.The work was done quickly and professionally by skilled people with great attitudes.The work was performed with minimal disruption and disturbance to the adjacent areas. We asked them to do many scattered repairs to the sidewalk system which could have been a logistical problem for some companies; not for Greenscapes Six. They moved all over the City with care and completed the work on time and on budget. We appreciated the professional work and look forward to future projects." -David McAdams, Former City of La Porte Inspector GREENSCAPES SIX,LLC / 13 Private RD,Liberty,TX 77575 / 713-714-3500 / 713-714-1200 • GREENSCAPES SIX CONCRETE f GOLF F ATHLETIC I IRRIGATION j LANDSCAPE I LOGISTICS RESUMES MIKE ARCHER MANAGING PARTNER/FOUNDER Mike has over 25 years of experience in golf, landscape, and commercial development/construction. His experience includes a diversified range of projects for a variety of clients. Mike received his B.S. Degree from Texas A&M University in Agronomy-Turfgrass Management with a specialization in Business Administration. Mike began his career as a project superintendent for Landscapes Unlimited overseeing both renovation and new construction projects across the United States.While at Landscapes Unlimited, Mike was promoted to Regional Project Manager which included a wide range of projects in Arkansas,Texas, Oklahoma,and Louisiana. Mike grew this to be one of the largest regions producing $15 million to$25 million per year. In 2003 Mike went on to project manage residential and commercial development in Austin,Texas including the site development for Wolf Creek Commercial Park. In 2007, Mike joined the Sequoia Golf team and was selected to oversee all capital improvement projects for all golf courses in Texas and Colorado. Under Mike's leadership,Sequoia expanded Sequoia's in-house construction operations by developing a specialized division to service third-party clients on schedule and within budget.Mike is a strong construction executive who is dedicated to client satisfaction as well as helping co-workers and employees achieve their highest performance and overall company performance. JOEY TAYLOR MANAGING PARTNER/FOUNDER Joey has over 15 years of experience in landscape construction and maintenance for parks, recreational areas and golf course construction/development both nationally and internationally. Joey graduated from Lamar University in Beaumont,TX with a BS in Business Administration. Joey started his career as a principal in his own landscape,construction and maintenance company. He then became project superintendent for Landscapes Unlimited overseeing a wide range of projects from $20,000 to $21 million. Prior to forming Greenscapes Six, Joey was responsible for completing all capital improvement projects for Sequoia Golf, the second largest golf course owner/operator with over 50 courses. Joey takes a collaborative team approach to every project while maintaining the utmost level of professionalism and integrity to ensure a quality product and good working relationship between his crew and client. GREENSCAPES SIX,LLC / 13 Private RD,Liberty,TX 77575 / 713-714-3500 / 713-714-1200 )"“ GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC IRRIGATION I LANDSCAPE I LOGISTICS Previous Contracts & References City of Pearland, TX Robert Alfrey, Department of Public Works 281-652-1910 ralfrey@pearlandtx.gov Concrete Construction $933,247.00 City of Missouri City,TX Able Lewis, Department of Public Works 832-231-6318 able.lewis@missouricitytx.gov City of La Porte, TX Kanard Givens, Project Manager givensk@laportetx.gov 830-377-7965 Concrete Construction $442,000.00 City of Beaumont, TX David Tingle, EIT, Public Works Design Manager 409-785-4781 david.tingle@beaumonttexas.gov City of Port Arthur,TX Adam Alfred, City Inspector adam.alfred@portarthurtx.gov 409-853-7471 Roads, Driveways, Drainage, Sidewalk, Ramp, etc. $1,312,000.00 Jones and Carter Engineering Ryan Schilhab, Design Engineer 281-363-4039 Ex. 1331 GREENSCAPES SIX,LLC / 13 Private RD,Liberty,TX 77575 / 713-714-3500 / 713-714-1200 GREENSCAPES SIX CONCRETE I GOLF I ATHLETIC I IRRIGATION I LANDSCAPE I LOGISTICS Current Contracts City of Alvin Concrete & Sidewalks $225,045.00//Annual Contract City of Pearland Annual Sidewalks Annual Contract City of Port Arthur Sidewalks & Utility Cuts Annual Contract GREENSCAPES SIX,LLC / 13 Private RD,Liberty,TX 77575 / 713-714-3500 / 713-714-1200 c,f, ,� .: j -CITY OF PORT ARTHUR,TEXAS nrl r1hu ADDENDUM NO. ONE(I) di kJ. MARCH 4,2025 BID FOR: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 BID: P25-032 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 I. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 13,2025 AT 10:00 A.M.AT TRANSIT ADMIN BUILDING,344 PROCTOR STREET,PORT ARTHUR, TEXAS If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ele.)#Ort- Clifton Williams Purchasing Manager 3/26/25 Signature of Proposer Date Greenscapes Six, LLC Company Vendor Name r0,t,J <" -CITY OF PORT ARTHUR,TEXAS nr! rrhur ADDENDUM NO.TWO(2) MARCH 18,2025 BID FOR: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 BID: P25-032 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 Description of modifications: • Bid Schedule- o Modified square footage for Concrete Drive&Sidewalk though drive and Sod o Added concrete class and thickness for sidewalks,ramps,landings,curbs,and driveways o Adjusted Bid Item#'s on page four • Sheet C1 o Added note to Stop#27"Existing Pedestrian Path" o Added truncated domes to Stop#50 • Sheet C2 o Added note to Stop#29"New Pedestrian Path" • Sheet C6 o Modified note to Stop#35 to state"New Pedestrian Path Connected to Existing Sidewalk" o Changed direction of truncated domes to Stop#35 • Sheet C7 o Added truncated domes to Stop#37 • Sheet C9 o Modified note to Stop#367 to state"New Pedestrian Path Connected to Existing Ramp" If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. aillA . CliffAin Williams Purchasing Manager , ' 3/26/25 Signatureo Proposer Date Greenscapes Six,LLC ! Company Vendor Name Jf. THURMAN BILL BARTIE,MAYOR �� F ;": RONALD BURTON,CPM DONEANE BECKCOM, 43te. ? CITY MANAGER MAYOR PRO TEM Czr% of m.;' 4 44) SHERRI BELLARD,TRMC COUNCIL MEMBERS: ' 1/ 40, CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD or t r t ft tt ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Iexa.s DONALD FRANK,SR. MARCH 2, 2025 PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 26, 2025 (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, March 26, 2025 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-032 DELIVERY ADDRESS: Please submit one(1)original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Yolanda Goudeaux Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB)and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager CITY OF PORT ARTHUR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 1 1 L.S. MOBILIZATIONS(LIMIT TO 5%OF BID) @ Eight Thousand Five Hundred Dollars $8,500 $ 8,500.00 Lump Sum 2 3904 S.F. DEMO EXISTING CONCRETE AND DISPOSE (INCLUDES RAMPS, FLARES,SIDEWALKS, CURBS, ETC.),COMPLETE IN PLACE @ Four Dollars $4.00 $ 15,616.00 Per Square Foot 3 2681 S.F. CONCRETE BUS PADS(CLASS P) (6"),COMPLETE IN PLACE @ Eleven Dollars $ 11.00 $ 29,491.00 Per Square Foot 4 6179 S.F. CONCRETE SIDEWALK, (CLASS A)(41 COMPLETE IN PLACE @ Eight Dollars and Fifty Cents $ 8.50 $ 52,521.50 Per Square Foot 5 227 S.F. CONCRETE RAMPS(CLASS A)(4") (INCLUDES RAMPS,FLARES,AND RAMP CURBS. COMPLETE IN PLACE @ Eleven Dollars $ 11.00 $ 2,497.00 Per Square Foot ADDENDUM#1 CITY OF PORT ARTHUR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 6 115 L.F. CONCRETE LANDING, (CLASS A)(4")COMPLETE IN PLACE @ Seven Dollars $ 7.00 $ 805.00 Per Square Foot 7 742 S.F. CONCRETE CURB(CLASS A)(NOT INCLUDING RAMP CURB),COMPLETE IN PLACE @ Thirty Dollars $ 30.00 $ 22,260.00 Per Linear Foot 8 365 S.F. CONCRETE DRIVE&SIDEWALK THROUGH DRIVE(CLASS A)(6"),COMPLETE IN PLACE @ Ten Dollars $ 10.00 $ 3,650.00 Per Square Foot 9 110 S.F. HMAC,COMPLETE IN PLACE @ Thirty Dollars $ 30.00 $ 3,300.00 Per Square Feet 10 1 L.S. GRADING STOP#29,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,000.00 Lump Sum ADDENDUM#1 CITY OF PORT ARTHUR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 11 1 L.S. GRADING STOP#33,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,000.00 Lump Sum 12 1 L.S. GRADING STOP#36,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,000.00 Lump Sum 13 1 L.S. GRADING STOP#45,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,Q00.00 Lump Sum 14 1 L.S. GRADING STOP#46,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,000.00 Lump Sum 15 1 L.S. GRADING STOP#48,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,000.00 Lump Sum 16 1 L.S. GRADING STOP#187,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,000.00 Lump Sum ADDENDUM#1 CITY OF PORT ARTHUR PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 Item Approx. DESCRIPTION OF ITEM WITH UNIT BID PRICE No. QTY UNITS WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT 17 1 L.S. GRADING STOP#188,COMPLETE IN PLACE @ Three Thousand Dollars $ 3,000 $ 3,000.00 Lump Sum 18 1 L,S. STORM SEWER CONC BOX&GRATE INLET, COMPLETE IN PLACE @ Six Thousand Dollars $ 6,000 $ 6,000.00 Lump Sum 19 3215 S.F. SOD,COMPLETE IN PLACE @ Nine Dollars $ 9.00 $ 28,935.00 Square Foot 20 16 S.F. TRUNCATED DOMES,COMPLETE IN PLACE @ One Hundred Dollars $ 100.00 $ 1,600.00 Square Foot TOTAL AMOUNT OF BASE BID $ $199,175.50 One Hundred Ninety Nine Thousand One hundred Seventy Five Dollars and Fifty Cents (TOTAL AMOUNT BASE BID WRITTEN IN WORDS) ADDENDUM#1 SECTION F Document A310 - 2010 Bid Bond CONTRACTOR: SURETY: l:Fame.legal status and address) (Name,legal status and principal place Greenscapes Six,LLC of business./ 13 Private Road 1160 Markel Insurance Company ADDITIONS AND DELETIONS: Liberty,Texas 77575 4251 Highwoods Parkway The author of this document has Glen Allen,Virginia 23060 added information needed for its OWNER: completion.The author may also (Name,legal status and address) have revised the text to the origins! City of Port Arthur,TexasAIA standard form.AnAdditions and 444 Fourth Street Deletions Report that notes added Port Arthur,Texas 77640 information as wet as revisions to the BOND AMOUNT:$5%G.A.B. (Five Percent of the Greatest Amount Bid) standard form text is available from the author and should be reviewed A PROJECT: vertical line in the left margin of this document indicates where the author (;Name. location or address.and Project number,licitly) has added necessary Bus Stops Phase II information and where the author has added to or Port Arthur,Texas deleted from the original AiA text This document has important legal The Contractor and Surety are bound to the Owner in the amount set forth above.for the consequences.Consultation with an payment of which the Contractor and Surety bind themselves,their heirs,executors, attorney is encouraged with respect administrators.successors and assigns,jointly and severally,as provided herein.The to its completion or modification conditions of this Bond are such that if the Owner accepts the bid of the Contractor within Any singular reference to Contractor. the time speci tied in the bid documents,or within such time period as may be agreed to by Surety.Owner or other party shall be the Owner and Contractor,and the Contractor either(l)enters into a contract with the considered plural where applicable. Owner in accordance with the terms of such bid.and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof or 12)pays to the Owner the difference,not to exceed the amount of this Bond. between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void.otherwise to remain in full force and effect.The Surety hereby waives air'notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor.the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project.any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. tniL AlA Document A310TM—2010.Copyright01963,1970 and 2010 by The American Institute ofArchltects.All tights reserved.liVARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it. may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the an, This document was produced by AIA software at 14'56:14 on 01110/2013 under Order No.8871475021_1 which expires on 12/27/2013.and is not for resale. user Notes: 0 17763924i) Signed and sealed this 26th day of March,2025. Greenscaoes Six.LLC (Contractor as Principal) 'Seal 1 (6t itnescl (Title) Q /jrJ�! Markel.Insurance Company e41444 1dadi' tnesst Jennifer Mitchell 7:S1)9 e) Donna VJeinel,Attorney-in-Face 1 (nit. NA Document A310*"-2010.Copyright@1903,1970 and 2010byTheAnterican institute of Architects.All rights reserved.WARNING.ThisAIA' Document is protected by U.S Copyright Law and international Treaties.Unauthorized reproduction or distribution of This AMA Document,or any portion of it. may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AlA software at 14 55:14 on 01/10/2019 under Order No.6871475021_1 which expires on 12/27/2013.and is not far resale. User Notes: (1177032241} SECTION G CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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 tiled in accordance with Chapter In Local Government Code.by a vendor who has a business relationship as defined by Section 17e OO1f1-ai with a local governmental entity and the Date Rrc v-0 vendor meets'equuernents under Section 176 006ia 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 he filed See Section 176 006(a.t 1.Local Government Code A vendor commits an offense if the vendor knowingly violates Section 176.00G.Local Government Code.An offense under this section is a misdemeanor Name of vendor who has a business relationship with local governmental entity. N/A A {� [� Check this box if you are filing an update to a previously filed questionnaire,f The law requires that you file an updated u completed questionnaire with the appropriate filing authority not later than the 7th business day atter the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate 1 Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the Sectionofficer,as by describe relationship pages government subpart described and B for each employment or busnesslat any family described,Attach additional o this Form CIO as necessary. � E A Is the local government officer or a family member of the officer receiving or likely to receive taxable income. other than irtvestmert income.from the vendor? , Yes No e 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 n No J Describe each employment or business relationship that the vendor named in Section t maintains with a corporation or other business entity with respect to which the local government officer selves as an officer or director.or holds an ownership interest of one percent or more. J flCheck this box if the vendor has given the local government officer or a family member of the officer one or mote gifts as described in Section 176003fa;f243i excluding gifts described in Section 176003ta-1l Signature of vendor doing business with the entity3/26/25 Date Pavia provided by Texas Ethics commission YIFYw ethics 5!a!a.or us Revised +.Y3rT201. 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.ust DocsiLG/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 tee 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 it: (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 dale 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 gtts 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 vendo-has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a focal 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 rrww ethics,state tx us .,- POA# 4221124 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY'tHESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Mark Smith,G.C.Blystone Jr„Donna Weinel,Jennifer Mitchell,Bryan Burkhart,Kayla Williams Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity If more than one Is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal suns of any one such instrument executed hereunder shall not exceed the sum of.. Five Million and 00/100 Dollars($5,000,000.00) This Power of Attorney is granted and is signed and seated under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto.' IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 145i day of August , 2024 . SureTec Insurance Company s�tulinrr� \Styt�N , ```#%VallC�,'� Markel i rants Co ny e� S. t 91 0� rr} d, �'os 'II SEAL ti_ By: Michael C.Keimig, esident � • '� �t r�� �,• y�} ;=� By ` y Jennie , ice President * State of Texas � '''orr*rtlo'ss County of Harris: On this 14tn day of August 2024 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,tome personally known to be the individuals and officers described In,who executed the preceding Instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duty affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Offic i3e,,atettttt,rrrr�i 4 ,,,'Farris,the day and year first above written- S.' V• �=tAtlY PC/,`/M�`� N I\ .;Q - BY Chelsea Turner,Notary Public 'r& {' My commission expires 7/6/2028 We,the undersigned Officers of SureTec Insurance Company and Markel Inri��• t�yj'7� 4 �� foregoing is a full,true and correct copy is still in full force and effect and has r('� g _ _rS6" �YZertifY that the original POWER OF ATTORNEY of which the IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seats of said Companies,on the 26th day of March 2025 SureTec Insurance Company Markel Insurance Company 7? By. M.Bien Beaty,Assistant Secretary By. drew Marquis,Assists eiretary Any Instrument Issued in excess of the penalty stated above is totally void and without any vatfdlty.4221124 -- For verification of the authority ofthis Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. -. Markel Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: Markel Insurance Company 9500 Arboretum Blvd., Suite 400 Austin,TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: htto://www.tdi.state.tx.us Email: ConsumerProtection©tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. MIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 SECTION H P,47-7,'-:AIA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Name,legit/steams mid address] (Name.legal skims and princilurl place (if business) This document has important Legal consequences Consultation with an attorney is encouraged with OWNER: (Name,legal status and urich-4ss) respect Io is completion or modification Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable CONSTRUCTION CONTRACI Date: Amount: Description: /N`crrnc'and/neat/Go BOND Date: (Not curlrrr than('unsn-ta'tinn('nmrrrc•t!)curt Amount. Modifications to this Bond: 0 None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (('or pouffe.Seal) Company: (('mtprit'utc'.Seer/) Si Lnature: Signature: Name Name and Title: and title: r.-1nr udduioncil.cignutures appear on the lust page of this Purment Bond.) (FY)R INFORMATION thN/.}' Name,address and tc'lephuru•t AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect. Engutecr or other pa"lt I Init. AIA Document A312'tl—2010 Payment Bond.Copyright/)2010 by The Arnerrar institute or Architects.All rights reserved,WARNING.This AIA Document is protected by U S Copyright Law and international Treaties.Unauthorizen reproduction or arstr b,flo,o'this AIA"Document any portion of it.may result iti serer.;civil and criminal penalties,and will be prosecuted iu the maximum c.rterrt fmssibie under the law To ( report copyright vIOAtiO•ts of AA Contract Comments.e-mail The American Institute of Archtects legal counsel.copyrght Qa,a are ,o §1 The Contractor and Surety,jointly and severally.hind themselves,their heirs.executors,administrators.successors and assigns to the Owner to pay fbr labor,materials and equipment furnished for use in the performance ol'the Construction Contract.which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends.indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment Ibr tabor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 if there is no Owner Default under the Construction Contract.the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of'such claims,demands.liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3.the Surety shall promptly and at the Surety's expense defend,indemnity and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise atter the following: §5.1 Claimants.who do not have a direct contract with the Contractor. .1 have furnished a written notice of non-payment to the Contractor.stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was, furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim:and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 C'laitnants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant.with a copy to the Owner,within sixty(60)days after receipt oldie Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed,and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations ations under Section 7.t or Section 7.2 shall not he deemed to constitute a waiver of del'enses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2.the Surety shall indcntnil'y the Claimant liar the reasonable attorney'~ fees the Claimant incurs thereafter to recover any stints found to he due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney-s fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor untie-the Constriction Contract shall he used for the pertiirmance oldie('construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of'the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion ol'thc work. Init. A01 Document A912^"—2010 Payment Bond.Copyright€J 2010 by Tie American institute of Architects,All rights reserved.WARNING This.ASA' Document is protected by it J-Copyright Law and ittternatit`nal Treaties.Unauthorized reproduction or distribution of this AIA i t t:untent,or any portion of It.may result n severe civil and criminal penalties.and will be prosecuted to the maximum extent possibir under the law.TO 2 ( report copyright violations of AIA Contract Documents o-mail the American Institute of Architects'legs,counsel,copyright aiaia.org §10 the Surety shall not he liable to the Owner,Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. the Owner shall not he liable for the payment()luny costs or expenses olaity Claimant under this Bond,and shall have under this Bond no obligation to make payments to.or give notice on behalf of:Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change.including changes of time.to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or ae:ion shall he commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(I)on which the Claimant sent a('lain)to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was pertonmed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the_jursdiction of the suit shall he applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall to mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to he performed.any provision in this Bond conflicting with said statutory or legal requirement shall he deemed deleted heretrom and provisions conforming to such statutory or other legal requirement shall he deemed incorporated herein. When so furnished.the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to he a potential beneficiary of this Bond.the C'omtraetor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to he made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of'the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment fun ishe d: .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract: .4 a hriet'description of the labor,materials or equipment furnished: .5 the date on which the Claimant last pertbrmed labor or last furnished materials or equipment for use in the performance of the Consmtction Contract: .6 the total amount earned by the Claimant for labor,materials or equipment lbrnishcd as of the date of the Claim: .7 the total amount of previous payments received by the Claimant:and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished us of the date of the(Taint. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment tier use in the performance of the C'unstruetion Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall he to include without limitation in the terms"labor,materials or equipment"that part of'water.gas power,light,heat.oil, gasoline,telephone service or rental equipment used in the Construction Contract.architectural and engineering services required for performance otthe work of the Contractor and the Contractor's subcontractors.and all other items for which a mechanic's lien may he asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract. the agreement between the Owner and Contractor identified on the cover page. including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AtA Document A312'—2010 Payment Bond.Copyright tg 201C by The American institute of Architects.All rights reserved.wARNING:This AMA Document as r+rotected by U.S Copyright Law and International Treaties.Unauthorized rei.,..e.heThm ;x d tradition of tins AIA'Document.or any Gw a t a.it may iSnuit in severe call and()seminal penalties,and will he prosecuted tYa Y. rim Oent possible under the law To 3 A report copyright violations of AlA Canaan Documents.a-mail The American nshtute of Architects'legal course!.copyrightea:a org §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material teens of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 It'this Bond is issued for an agreement between a Contractor and subcontractor.the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall he deemed to he Contractor. §18 Modifications to this bond arc as follows: • (Space is provided below for culditionu/signatures of added parties, oilier than those appealing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (C'or porate Seal) Company: (('or porate Seal) Signature: Signature: Name and Tide: Name and Title: Address Address loft, AIA Document A312'"—2010 Payment Bond.Copyright fa 2010 by The American Institute of Architects.All rights reserved.WARhflNG This AIA' tt currment is protnctec by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of his AlA'Document,Of 4 t+ny portion at it,may result nt severe civil and nriminat penalties anti win be ptoset:uted to the maximum extent potable under the law.To report copyright violations of AIA Contract Documents,email The American Institute of Architects'tega:!counsel.copyright@aia.org SECTION I mi A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDfYYYY) 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 r FAX IAlC, 1A/No,EMI; _ 1 Nol: E-MAIL 0.DDRESS: _ INSURERS)AFFORDING COVERAGE NAIL 0 INSURER A: _ _ .L_ INSURED INSURER 8: INSURER C: INSURER 0-_ __..... 1F. INSURER E: _--- INSURER F: 1 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 MISR `ADM.SUBRI --- ---'—�— ' POLICYEFF I POUCYEXP TYPE OF INSURANCE LTN INSR WVD I POLICY NUMBER (MM/ODIYYYY) (MNVDD/YYYY)I LIMITS I GENERAL UABIUTY ,EACH OCCURRENCE S -1— COMMERCIAL GENERAL..iABIL TY PREMISES(Ea Occurrence} j S CLAIMS-MAOE ( OCCUR !r MED EXP(A,y one person) IS — PERSONAL&ADV INJURY S !I I GENERAL AGGREGATE S —_ ,_ [GENL AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG 'S I iPOLICYi, 1ALT i iLOC • 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB I {(Ea acodenh i S ANY AUTO I BODILY INJURY(Per person; S 'ALL OWNED 1 SCHEDULE } l BODILY INJURY(Per accident)I S -_ 1 AUTOS _ DAUTOE JED PROPERTY DAMAGE HIRED AUTOS ___,4 AUTOSA i(Peracadenh S S UMBRELLA LIAR I i 'OCCUR lLEACH OCCURRENCE S • EXCESS LIAB I I CLAIMS-MADE I 3 ;AGGREGATE I S EMPLOYERS'ENSATION i jj' '$ WORKERS COMPENSATION ! I I I WC STATU• i '.OTH ANANY PROPRIETORrPARTNERtEXECUTIVE (ACH TORY I a ER 'y S'LIABILITY Y t M � E L.EACH ACCIDENT S OF�-ICER,MEMBER EXCL UpED� NIA! E.L DISEASE EA EMPLOYEE S (Mandatory in NH) .__ If es.tlescriDe under I DESCRIPTION OF OPERATIONS below _ 1 _____ .-_,_,_.,. •, E L DISEASE.POLICY LIMIT S • 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 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION J -.„. AIA Document A3121M - 2010 Performance Bond CONTRACTOR: SURETY: (Name./ego/srutrrs and address) (Na,ne,legol cknns and principal place of bitsinessl This document has important legal consequences.Consultation with OWNER: an attorney Is encouraged with respect to its completion or (Nunn,legal stains and address) modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable. 1)ate: Amount: Description: (Nance and location) BONO Dote: (Not earlier than(onstruuion Contract Dalei Amount: Modifications to this Bond: 0 None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (C urprrrarc S'cdl Company: (('rupona,'Soul, S ignature: Signature: Name Name and Title: and Title: (Any additional rigmnures appear nn the last page of this Performance Bondi (FOR INFORMATION ONLY Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect Engineer or other party.I snit AlA Document A312' —2010 Performance Bond.Copyright et 2010 by The American Institute of Architects.All rights reserved.WARNING This AlA`Document is protected by U-S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this MA'Document, or arty portion of it may result in severe civil:nut criminal penalties anti wit the prosecuted to lift,Inaz41 ntun ottent possible under the law To report copyright viotators of AlA Contract Documents,a-me l The Amerman Institute of Architects legal counsel,copyrght@aia erg woe §1 The Contrue:or and Surety,jointly and severally,bind themselves.their heirs,executors.administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation tinder this Bond,except when applicable to participate in a conference as provided in Section 3. §3 I f there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.lithe Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice. request such a conference.lithe Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (I(f)business days of the Surety's receipt of the Owner's notice. if the Owner,the Contractor and the Surety agree.the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any.subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obf�gations.except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor.with the consent of the Owner,to perform and complete the Construction Contract: §5.2 t Indertake La perform and complete the Construction Contract itself;through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractor~acceptable to the Owner lhr a contract for performance and completion of the Construction Contract,arrange for a contract to he prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to he secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess oldie Balance a the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor aid with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined.make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 lithe Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall he deemed to he in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond.and the Owner shall he entitled to enforce any remedy available to the Owner.II'the Surety prtIceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AlA Document A312'—2010 Performance Bond.Copyright W 2010 by The American:Institute of Architects.All rights reserved.WARNING•Thus AiA"tz a .t is proir tort by U.S.Cot +. ',ternarional Treaties.Unauthorized rized reproduction or distrutution of this AlA'Document. 2 or any portion at it may result in sever% 7 i:.at penalties,and will he prosecuteri to!he maximum extern possible under the law To report copy fight flotation of AIA Contract Doc..ments.c-mad The American Institute of Architects legal counsel.copyright@aa.erg. §7 lithe Surety elects to act under Section 5.1,5.2 or 5.3.then the responsibilities of the Surety to the Owner shall not he greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, Iitr .1 the responsibilities of the Contractor for correction of-defective work and completion of the Construction Contract: .2 additional legal,design professional and delay costs resulting from the Contractor's Default.and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or il'no liquidated damages arc specified in the Construction Contract,actual damages caused by delayed performance or non-performance of'the Contractor. §8 tithe Surety elects to act under Section 5.1.5.3 or 5.4.the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not he liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs.executors.administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts.purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may he instituted in any court of competent jurisdiction in the location in which the work or part of'the work is located and shall be instituted within two years alter a declaration ol'C'ontractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perfonn its obligations under this Bond,whichever occurs first. II'the provisions of this Paragraph are void or prohibited by law.the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall he applicable. §12 Notice to the Surety.the Owner or the Contractor shall he mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall he deemed incorporated herein. When so furnished,the intent is that this Bond shall he construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf ante Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor.which has not been remedied or waived.to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term l'ont:actor in this Bond shall he deemed to he Subcontractor and the term Owner shall be deemed to be Contractor. MA Document A312"'-2010 Performance Bond.Copyright tit 2010 by The American Institute of Architects.All rights reserved.INA PNING-This )nit. MA'Dorumi,r,t ie protected by U.S Copyright!aw anti internativnat Treaties unauthr,iized reproduction o+distribution of this Abs.'Document or any portion:f ! may result,n severe ctv.i and criminal penalties,and will be prosecuted to the maximum extant possible u.,ii.r the law To 3 report copyright violations of AIR Contract Documents,e-mail The American institute of Architects'legal counsel.copyrtghttgaia org §16 Modifications to this bond are as follows: (.Space is provided below/nr additional si'nattrry r of actcrti partle.s, other than those appearing on the cuter page.) CONTRACTOR AS PRINCIPAL SURETY Company: (('orparuteSeal) Company: (('ur/rnruneSccdl Signature: Signature: Name and Title: Name and Title: Address Address AtA Document A312'"—2010 Performance Bond.Copyright 93 2010 by The American Institute of Architects.A0 rights reserved.WARNING-Ti t= ALA Oocutount is protcctuo by U,S.tooprright Law and international Treaties.Unauthorized ruproducoon or distribution at toy AIA v mr:t or- portion of it,may result in suverc civil and..rinxnal penalties.arc will be prosecuted to the'maximum extent poecvbia under ch _,rr, Tr 4 r resort copyright violations of AtA Contract Documents.e-mail The American institute of Architects'legal counsel,copyright dtta a.org. SECTION K House Bill 89 Verification Mike Archer (Person name), the undersigned representative (hereafter referred to as "Representative") of Greenscapes Six,LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRCSENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 26th day of March , 20 25 . . ._w. w±t. - w. r le*: AWE DALE GUYARCHER _ My Notary ID#133598052 /���� '';;t # Expires February 25,2026 Notary Public SECTION L NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Mike Archer Title: Managing Partner Company: Greenscapes Six,LLC Date; 03/26/25 SUBSCRIBED and sworn to before me the undersigned authority byte Archer 26th of, March on behalf of said bidder. jtev% —� Notary Public in and for the ALLIE DALE GUYARCHER State of Texas . My Notary ID#133598052 Li484• Expire /} /'s February 25,2026 g! )..67/} My commission expires: ( rj SECTION M i AFFIDAVIT All pages in Offeror's Responses containing statements. letters, etc.. shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. __ I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Greenscapes Six,LLC 3/26/25 Firm Name Date ` .-, Managing Partner Authorized Signature Title Mike Archer 713-501-7456 Name(please print) Telephone marcher@greenscapes6.com Email STATE: Tx COUNTY: Liberty SUBSCRIBED AND SWORN to before me by the above named Mike Archer on this the 26th day of March ,20 25 46 F = AWE DALE MY ARCHER (*f'* My Notary ID#133598052 *s 1" Expires Febniary25,2026 Notary'Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION N SB 252 CHAPTER 2252 CERTIFICATION I _ Mike Archer ,the undersigned and representative of Greenscapes Six,LLC (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 Iisting 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. Mike Archer Name of Company Representative(Print) Signature of Company Representative 3/26/25 Date SECTION 0 WAIVER AND INDEMNIFICATION Each Proposer/Offeror must sign this waiver and indemnification clause to be considered for evaluation By submitting a proposal,each Proposer agrees to waive any claim it has,or may have, against the Owner,the Architect/Engineer, and their respective employees, arising out of or in any way connected with the administration,evaluation or recommendation of any proposal; requirements under the contract documents; acceptance or rejection of any proposals; and award of any contract. This waiver is to be construed as broadly as possible and includes any and all causes of action the Proposer may now have, or that may arise in the future,that relate to the proposal process or the award of a contract, against the Owner and or Architect/Engineer for their action(s), or inaction(s)including, but not limited to, causes of action for negligence,sole negligence,intentional tort, violation of a state or federal statute,violation of the state or federal constitution, injunctive relief, quo warranto proceeding, declaratory judgement and any other request for relief,whether at law or in equity. If a claim is brought against the Owner and/or Architect/Engineer by Proposer or anyone else as a result of Proposer's proposal, Proposer agrees to indemnify Owner and/or Architect/Engineer for any and all money damages,attorney's fees,cost of suit,or any claim for damages that are measured in dollars and cents. Further, Proposer agrees to indemnify and pay all expenses incurred in defending such litigation, including but not limited to,attorney's fees, cost of court, expert witness fees and expenses, hourly cost of Owner's and/or Architect's/Engineer's employee's time spent on the suit,whether directly or indirectly related to the litigation, and any cost or expense incurred by, directly or indirectly, Owner and/or the Architect/Engineer as long as such cost can be measured in dollars and cents. This paragraph is intended by the parties to meet the"Express Negligence Rule"as set out in the Texas Supreme Court opinion of Ethyl Corp.v. Daniel Construction Co., 725 5W2d 705(Tex. 1987). The parties to this contract stipulate that the consideration for this paragraph is sufficient and confess its adequacy herein. The undersigned represents that this Proposal is made in good faith,without fraud,collusion or connection of any kind with any other Offeror of the same work;that they are competing in their own interest and in their own behalf, without connection or obligation to any undisclosed person; that no other person has any interest in regard to all conditions pertaining to the proposal and in regard to the place where it is to be submitted;that they have made their own examination of the request for proposal and from it have made this proposal Firm Name. Greenscapes Six,LLC Date 3/26/25 Address: 13 Private Rd 1160 Legal Signature;, Type/Print Name and Position with Offeror. Mike Archer:Managing Partner SECTION P THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, :- = CITY MANAGER MAYOR PRO TEM Citnety(if lY ' Pk) SHERRI BELLARD,TRMC COUNCIL MEMBERS: III' �� CITY SECRETARY WIMP BAE LEWIS,JR. TIFFANY L.HAMiLTON EVERFIELD o r t r t h u RROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. an ATTORNEY THOMAS KINLAW,HI Tevir.s. DONALD FRANK,SR. DBE DOCUMENT By signing this document the contractor is acknowledging that an attempt for DBE participation will be provided in this contract. If a subcontractor is required to meet that goal, the following will be done to make a good faith effort to hire a minority business(DBE). 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F .R. §200.321 (b)(I ). 2. Solicitations.Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.32 1(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises.2 C.F.R. § 200.321(b)(3). 4.Delivery Schedules.Must establish delivery schedules,where the requirement permits. which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. §200.321 (b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). Mike Archer (printed name of signatory) �t' (signature and date) SECTION Q A Document 67047m - 2000 Certificate of Substantial Completion PROJECT:(Name and address) PROJECT NUMBER, OWNER 0 CONTRACT FOR: ARCHITECT 0 CONTRACT DATE: CONTRACTOR 0 TO OWNER:(Name and address) TO CONTRACTOR:('value and address) f IFIH[7 OTHER❑ PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to the Architect's best knowledge,inhumation and belief,to be substantially complete.Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate,which is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below: ARCHITECT BY DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto.The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.I lnless otherwise agreed to in writing,the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. C'ust estimate of Work that is incomplete or defective: S The Contractor will complete or correct the Work on the list of items attached hereto within )days from the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at (time)on (date). OWNER BY DATE The responsibilities of the Owner and Contractor for security,maintenance,heat,utilities,damage to the Work and insurance shall he as follows: fNate:(boner's and Contractor legal and insurance counsel should determine rind review insurance requirements and coverage.) AIA Document G700r"—2000.Copyright®1963,1978,1992 and 2000 by The American Institute of Architects.All rights reserved.WARNING:This AIA`Document is protected by U.3 Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document or any portion of it may result in severe civil ann cvnlnei penalties Ind will he prosecuted to the maximum extent possible under the law Purchasers are pematied to reproduce ten(tot copies of this document when completed To report copyright violations of AlA Contract Documents.a-mart The American institute of Architects'legal counsel.copyright@ata.org SECTION R ! AIA Document G705TM - 2001 List of Subcontractors PROJECT:(Nance and address) DATE: TO ARCHITECT:(Nurnc and address; ARCHITECT'S PROJECT NUMBER: FROM CONTRACTOR: (Name and.4ddress) CONTRACTOR'S PROJECT NUMBER: (List.Subcontractors and others proposed to be employed on the above Project as required by the bidding documents.) Work/Firm Name Address/Phone Superintendent A!A Document G705"—2001(formerly G805'"—2001).Copyright®2001 by The American Institute of Architects.All rights reserved.WARNING: This Ala' Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA' Document,or any pertiori of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possibir render the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents.e- mail The American Institute of Architects'legal counsel copyrighttata org SECTION S STATUTORY LIEN WAIVER FORMS 1. SUMMARY A. Document Includes: Applicability and use of statutory Waiver and Release of Lien forms promulgated by the Legislature of the State of Texas for construction projects in Texas. 2. STATUTORY REGULATIONS A. Texas Property Code, Chapter 53, Subchapter L,Sections 53.281 thru 53.287(includes the standard forms attached herewith immediately following this section): 1. Form 1: Conditional Waiver for Progress Payments(Page 2) 2. Form 2: Unconditional Waiver for Progress Payments(Page 3) 3 Form 3: Conditional Waiver for Final Payments(Page 4) 4. Form 4: Unconditional Waiver for Final Payments(Page 5) 3. SELECTION AND USE OF WAIVER AND RELEASE OF LIEN FORMS A. Based on answers to the following questions,use the applicable form for the occasion: 1. Is the payment a progress payment(partial, not final),or a final payment? 2. Is the release unconditional(for a payment already received), or conditional(given in anticipation of a payment not yet received)? B. Submit the applicable form, properly executed(filled out, signed and dated)and notarized,on each occasion required(see other portions of the Contract Documents. including but not necessarily limited to the related requirements documents cited above). C. The wording of these forms is prescribed by the State of Texas. Questions regarding their use, execution,etc. should be directed to user's own attorney experienced in construction or lien law. This document is not to be interpreted as rendering legal advice. D. Even if the Contract Documents do not explicitly require submittal of Waivers and Releases of Liens for every payment(for example,omitting them for monthly progress payments), the Owner reserves the right,at its sole discretion,to require applicable Waivers and Releases of Liens, executed and notarized, for any or all payments. Page 1 CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project Job No. On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check) and when the check has been properly enoorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right, any claim for payment,and any rights under any similar ordinance, rule,or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location)to the following extent: (job description). This release covers a progress payment for all labor,services, equipment, or materials furnished to the property or to (person with whom signer contracted) as indicated in the attached statement(s) or progress payment request(s),except for unpaid retention,pending modifications and changes,or other items furnished. Before any recipient of this document relies on this document,the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen. and suppliers for all work, materials, equipment,or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s). Date (Company name) By (Signature) (Title) NOTE: Section 53.281(b)(2),Texas Property Code.requires that the above form be notarized. See Chapter 121,Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable,see Section 121.008 in Chapter 121. Click here to go there. Page 2 NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form. UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT Project—__-- — Job No The signer of this document has been paid and has received a progress payment in the sum of$ for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted) on the property of (owner) located at (location)to the following extent: (job description). The signer therefore waives and releases any mechanic's lien right,any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right. any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the above referenced project to the following extent' This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to (person with whom signer contracted)as indicated in the attached statement(s)or progress payment request(s),except for unpaid retention, pending modifications and changes,or other items furnished. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the above referenced project in regard to the attached statement(s)or progress payment request(s). Date (Company name) By (Signature) (Title) NOTE: Section 53.281(b)(2), Texas Property Code, requires that the above form be notarized. See Chapter 121.Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable. see Section 121.008 in Chapter 121. Click here to go there. Page 3 CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No On receipt by the signer of this document of a check from (maker of check) in the sum of $ payable to (payee or payees of check)and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of (owner) located at (location) to the following extent. (Job description). This release covers the final payment to the signer for all labor, services,equipment, or materials furnished to the property or to (person with whom signer contracted). Before any recipient of this document relies on this document, the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment,or services provided for or to the above referenced project up to the date of this waiver and release Date (Company name) By (Signature) (Title) NOTE: Section 53.281(b)(2),Texas Property Code, requires that the above form be notarized. See Chapter 121,Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable: see Section 121.008 in Chapter 121. Click here to go there. Page 4 NOTICE: This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT Project Job No The signer of this document has been paid in full for all labor, services,equipment,or materials furnished to the property or to (person with whom signer contracted) on the property of (owner) located at (location) to the following extent: (job description). The signer therefore waives and releases any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right,any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights for persons in the signer's position The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment,or services provided for or to the above referenced project up to the date of this waiver and release Date (Company name) By (Signature) (Title) NOTE: Section 53.281(b)(2), Texas Property Code,requires that the above form be notarized. See Chapter 121.Texas Civil Practice & Remedies Code, regarding Acknowledgments & Proofs of Written Instruments, or consult an attorney. For short acknowledgement forms that might be suitable,see Section 121.008 in Chapter 121. Click here to go there Page 5 SECTION T ° ❑ ❑ ❑ ❑ ❑ - C- C Tn-.3 _ O c 7..51 r rJ. =` p .O cc 1- ce Q Ce E ' E ^ n .�4 c - V 4 21 L. v ...5 2 w �O w = A u! % ; c r c mw a I = c.> .= Q ;'J :ems mz b � sxm< I-- w-- , 3u- y 'c ,, c aE 11 0 - O rx a Z 7) y E v2. C. v uc3 c cEE- ct - .,a rE� � - ,r. • - .-, • Q.o�_ E y G G "7 C y 5a E m C v � � -CC 73 . wQ ,1 0m La g7. °' �t y J,O 0 '4=E _ 3 - w � a amo ` C W N di ti.i ...a •0 LU E= .c -.- 5a6 = 6ma isa u $ xna L!= u C Q = r :s £ 1 N ±70 thi Q In _'L O " n•=Y� o F c +} EB 2 OLL 0 0 Li.. � o _3 v _= u 0 Q I- F- 2 .,..:.c g o J 5 % c* �7 2 c a U a = CC CC CC w , � = s - LU 6 r�,_` moo J O -. -. -1 E' G = 2 U' (..� - ,,,' .J'.'] C j - N c,c G. re Z Z 0 'c u u=v a ;1' ,t<i.9- u � c o O. W 0 0 C 0_ ^ 'O. V) .c y. C i 5>m _ cr LL • ` cc L Tc, ? 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O W = Q ^ Q <'C? j •ii U <. .= N ri t ui iv oo ai :J -• _ X t3 Q m 3 --- - ( k k§- k� /|�! w.Ew ! _ v § ' }/k \. . k\k \\\ { k/ oo0 6 ---- �- —.. . k )7} z !I- § ° 'tr.; C k0' = - ` !! � 5 < a ` - . . 2 2- z 2 v) e <, 2 !}\ 2 / 6 \ - 4 &a e / / § $ \j\\ \ /\ .. / § 2 - -- « < < 3 € P)7 f}k t,\ ) §f! //g/ _ - 0\$ , }_ \ ) ({ ! !a / )z - & -i/ - F. } ( /}� 05 \ ; C. ! � - �rim -C. \ ■ 4 ( } 744 O. \{f - m \(_ -ok§ M §\ _ - #Q ` .0 k}k D _ ) @ N. 5 :, �5 L7 _ i , - \ i;E ' \ -E a . ' _ f � 22 �� /\k ' z \ 2\/ . ` c� � S{k 0 - 2i / $ e!r Q £ 2 _ ® . f i/a . oJ \ _ - k \\k , \ 2 Z \\'3 \ ( } / )\$@ .E } - - q - m \ $; met( \\\\\ \ Ekk} . 2�;!\ 2 � C )v \ \ \ � �a \ e\} ` i 2 V > \ / io «!a§ 0 ill SECTION U CHILD SUPPORT CERTIFICATION TEXAS FAMILY CODE,SECTION 231.006 INELIGIBILITY TO RECEIVE STATE GRANTS,LOANS OR RECEIVE PAYMENT ON STATE CONTRACTS A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner,shareholder,or owner with an interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property,materials or services,or receive a state-funded grant or loan until: 1. All arrearages have been paid; 2. The obligor is in compliance with a written repayment agreement or court order as to any existing delinquency;or 3. A court-ordered exemption has been granted. CERTIFICATION STATEMENT Under Section 231.006,Family Code,the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledge that this contract may be terminated and payment may be withheld if this certification is inaccurate. I,the undersigned,hereby certify that I am in compliance with the Texas Family Code,Section 231.006. AGREED TO BY: CONTRACTOR By: • ( Name: -44 M /-+t'atzr-- Title: /'hiM at.:`It AtAliar- Date: SECTION V Bid Protests. (1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five (5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen(15) days of receipt of the protest. Within the fifteen(15) day time period,the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. Reporting of Anticompetitive Practices. When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General. Retention of Procurement Records. All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the City Council. All procurement records must be made available to the City Secretary in order to remain in compliance with the City's Records Retention Schedule. I { -CITY OF PORT ARTHUR,TEXAS V:411 rtiutr - ADDENDUM NO. ONE(1) 7i .n MARCH 4,2025 BID FOR: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 BID: P25-032 The following clarifications, amendments, deletions,additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MARCH 13,2025 AT 10:00 A.M.AT TRANSIT ADMIN BUILDING,344 PROCTOR STREET,PORT ARTHUR, TEXAS If you have any questions,please contact the Purchasing Division at 409-983-8I60. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. /..`a it- Wig -ah2a. Cli en Williams Purchasing Manager 3/26/25 Signature of Proposer Date Greenscapes Six,LLC Company Vendor Name -CITY OF PORT ARTHUR,TEXAS ADDENDUM NO.TWO(2) urt rlfrur Tc11n MARCH 18,2025 BID FOR: PORT ARTHUR TRANSIT BUS PAD PROJECT ROUND 3 BID: P25-032 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 't'HE SUBMISSION OF THEIR BID. Addendum as follows Description of modifications: • Bid Schedule- o Modified square footage for Concrete Drive&Sidewalk though drive and Sod o Added concrete class and thickness for sidewalks,ramps,landings,curbs,and driveways o Adjusted Bid Item#'s on page four • Sheet Cl o Added note to Stop#27"Existing Pedestrian Path" o Added truncated domes to Stop#50 • Sheet C2 a Added note to Stop#29"New Pedestrian Path" • Sheet C6 o Modified note to Stop#35 to state"New Pedestrian Path Connected to Existing Sidewalk" o Changed direction of truncated domes to Stop#35 • Sheet C7 o Added truncated domes to Stop#37 • Sheet C9 o Modified note to Stop#367 to state"New Pedestrian Path Connected to Existing Ramp" If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clittein Williams Purchasing Manager 3/26/25 Signature of Proposer Date Greenscapes Six,LLC Company Vendor Name