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HomeMy WebLinkAboutPR 24497: AGREEMENT WITH NORMAN HIGHWAY CONSTRUCTORS, INC. STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT City of ort rtnu Te.rus www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: August 27, 2025 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Pamela D. Langford, CPM,Assistant City Manager-Operations/Director of Development Services RE: PR No. 24497: Authorizing the City Manager to execute an agreement with Norman Highway Constructors, Inc., of Orange, Texas for the Storm Sewer Brick Manhole Replacement Project. Project No. GM2402.GRE.DRA Pending PO 7373. Introduction: The intent of this Agenda Item is to seek the Port Arthur City Council's approval for the City Manager to execute an agreement with Norman Highway Constructors, Inc., of Orange,Texas, for the Storm Sewer Brick Manhole Replacement Project for the amount of$1,118,000.00. Project No. GM2402.GRE.DRA Pending PO 7373. Background: The Texas General Land Office (GLO) working with the Department of Housing and Urban Development's Community Development Block Grant Disaster Recovery (CDBG-DR) has made available grant funds for disaster relief. This grant is provided for financial assistance for expenses related to long term recovery, restoration of infrastructure, mitigation, emergency relief and housing. These funds, under Executive Order 12892, were to be used in areas that were most impacted and distressed resulting from the 2019 Texas Severe Storms and Flooding or Tropical Storm Imelda, also referred to, individually and collectively, as the 2019 Disasters. The Public Works Department-Engineering Division has identified sixty(60) storm sewer manholes in various locations that will be demolished and replaced along with associated appurtenances. Pursuant to Resolution No. 22-315,the Port Arthur City Council approved the City's participation in applying for the CDBG-DR funds. The City's application was successful and grant monies were awarded under the CDBG-DR Federal Award Number B-19-DF-48-0001 on March 22, 2021. GLO Contract No. 24-067-034- E222 has since been forwarded to the City outlining the scope of the project, funds allocated, location of the manholes,reporting,reimbursement requests, and limitations of grant expenditures. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2024\HUD-GLO MANHOLES\Agenda\NORMAN CONSTRUCTORS\Agenda Memo NORMAN Const Manholes.docx The Purchasing Department advertised for interested parties to bid on the project on April 30,2025 and May 7, 2025, respectively, under Bid No. P25-053. On July 16, 2025, the City received and opened four (4) sealed bids for the Storm Sewer Brick Manhole Replacement Project from Norman Highway Constructors, Inc., of Orange, Texas; Global Drilling, Inc., of Winnie, Texas; Brystar Contracting, Inc., of Beaumont, Texas; and, SETEX Construction Corp., of Port Arthur, Texas. After review by the Engineering Department and staff, it was determined that Norman Highway Constructors, Inc., of Orange,Texas,was the lowest responsible bidder for the Storm Sewer Brick Manhole Replacement Project for the amount of$1,118,000.00. Budget Impact: On March 22, 2021,the GLO, through HUD awarded Community Development Block Grant—Disaster Recovery(CDBG-DR) funds Award No. B-19-DF-48-0001 to the City of Port Arthur for a total of $990,000.00 with expended receipts; $10,000.00 has been allocated for the City of Port Arthur's local match. Funds are available in the Drainage System Account No. 148-00-000-8515-00-10-000. Project No. GM2402.GRE.DRA Pending PO 7373. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR No. 24497 authorizing the City Manager to execute an agreement with Norman Highway Constructors, Inc., of Orange, Texas, for the Storm Sewer Brick Manhole Replacement Project for the amount of$1,118,000.00. Project No. GM2402.GRE.DRA. Pending PO 7373. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No. 24497 8/27/2025 MJE/TNR Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NORMAN HIGHWAY CONSTRUCTORS, INC. OF ORANGE, TEXAS, FOR THE STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT IN THE AMOUNT OF $1,118,000.00; REQUIRING COMPLIANCE WITH GRANT CONDITIONS; AND PROVIDING FOR A COMPLETION PERIOD OF NINETY (90) CALENDAR DAYS. FUNDING WILL BE AVAILABLE IN THE DRAINAGE SYSTEM ACCOUNT NO. 148-00- 000-8515-00-10-000. PROJECT NO. GM2404.GRE.DRA. PENDING P.O. 7373 WHEREAS, the City of Port Arthur (City) was severely impacted by the 2019 disasters, during which widespread flooding overwhelmed the City's sewer system and threatened the public health, safety, and welfare of its residents; and WHEREAS, the City applied to the Texas General Land Office ("GLO") for financial assistance under the federal disaster recovery program administered through the United States Department of Housing and Urban Development("HUD"); and WHEREAS, the City met all eligibility requirements as a distressed area impacted by the 2019 tropical storms and flooding, and pursuant to Resolution No. 22-315, the City Council authorized participation in the GLO disaster recovery grant program; and WHEREAS, on March 22, 2021, the GLO, through HUD, awarded Community Development Block Grant— Disaster Recovery (CDBG-DR) funds under Award No. B-19-DF-48-0001 to the City of Port Arthur for a total of($990,000.00) attached hereto as Exhibit "E"; and WHEREAS, under Ordinance No. 24-08, the City Council approved the required local match of ($10,000.00); and WHEREAS, the Public Works Department — Engineering Division identified the need to demolish and replace sixty (60) deteriorated storm sewer brick manholes, together with associated S lawyer'2025\PR 24497 Award NORMAN Manholes.doc PR No. 24497 8/27/2025 MJE/TNR Page 2 of 4 appurtenances, to improve public infrastructure resiliency and protect public health, attached hereto as Exhibit "D"; and WHEREAS, the Purchasing Department duly advertised Bid No. P25-053 for the Storm Sewer Brick Manhole Replacement Project on April 30, 2025, and May 7, 2025, attached hereto as Exhibit "A"; and WHEREAS, on July 16, 2025, four (4) sealed bids were received and opened from Norman Highway Constructors, Inc. of Orange, Texas; Global Drilling, Inc. of Winnie, Texas; Brystar Contracting, Inc. of Beaumont, Texas; and SETEX Construction Corp. of Port Arthur, Texas, as reflected in Exhibit"B"; and WHEREAS, upon review and evaluation, the Engineering Department determined that Norman Highway Constructors, Inc. submitted the lowest responsible and responsive bid in the amount of ($1,118,000.00), attached hereto as Exhibit"C"; and WHEREAS, staff recommends award of PR No. 24497 to Norman Highway Constructors, Inc. for the Storm Sewer Brick Manhole Replacement Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized to enter into an agreement, in substantially the form attached hereto as Exhibit "F," with Norman Highway Constructors, Inc. of Orange, Texas, in the amount of ($1,118,000.00), for completion of the Storm Sewer Brick Manhole Replacement Project within ninety (90) calendar days. Funding will be available in the drainage system account no. 148-00- 000-8515-00-10-000. PROJECT NO. GM2404.GRE.DRA. PENDING P.O. 7373; and S Iawyer`2025S,PR 24497 Award NORMAN Manholes.doc PR No. 24497 8/27/2025 MJE/TNR Page 3 of 4 THAT, funding for said Project shall be provided through Community Development Block Grant — Disaster Recovery (CDBG-DR) funds awarded under Award No. B-19-DF-48-0001, together with the local match of($10,000.00) previously authorized by Ordinance No. 24-08; and THAT, a copy of the Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D., 2025, at a of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Charlotte M. Moses Mayor ATTEST: Sherri Bellard City Secretary ti lawyer 2025 PR 24497 Award NORMAN Manholes.doc PR No. 24497 8/27/2025 MJE/TNR Page 4 of 4 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION ottv I Roxann Pais Cotroneo, Esq. Ron Burton, 5 City Attorney s` `` =�'�� F "n- City Ma -_er (\DC3 t APPROVED AS TO AVALIABILITY OF FUNDS: �113 Lynn ` yn" Boswell, MA, ICMA-CM Director of Finance Suhail Kanwar, PE Director of Public Services/City Engineer ;,i• � 4�< Clifton Williams, CPPB Purchasing Manager S.lawyer2025`PR 24497 Award NORMAN Manholes.doc ( of { ort rthu _ Fc°�w www.PortArthurTx.gov CITY OF PORT ARTHUR Date: October 8, 2025 To: The Honorable Mayor Charlotte M. Moses, City Council Members Through: Ronald Burton, CPM, City Manager From: Toria N. Rotibi, Internal Contract Specialist, RE: Liability Insurance Coverage—Federally Funded Project Dear Mayor Moses and Members of the City Council: The Law Department has formally reviewed the liability insurance requirements applicable to the referenced federally funded project and hereby provides the following notice: l. The current liability insurance policy expires on December 31, 2025. 2. The contract contains a ninety (90) day duration clause. Based on this timeline, the liability insurance will lapse during the term of the project if no further action is taken. 3. As this is a federally funded project, the City must maintain continuous liability insurance coverage in order to remain in compliance with the requirements of the U.S. Department of Housing and Urban Development (HUD) and the Community Development Block Grant Recovery (CDBGR) Program. The Law Department has already advised the Purchasing Department and the Engineering Department of this issue and has further emphasized the need for continuous liability insurance to protect the City from liability exposure and to ensure compliance with federal funding conditions. Recommendation: The Law Department recommends that the contractor be required to obtain an additional liability insurance policy effective December 31, 2025, to provide uninterrupted coverage for the duration of the contract. eock, nn AA� �lJi►x� ear Clifton, E. Williams Jr., CPPB Suhail Kanwar, P.E. Purchasing Manager Director of Public Services el) RoxannPais otroneo, Ron Burto•, 'M, City Attorney City Manager "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 EXHIBIT A CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, May 21, 2025 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, May 21, 2025 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: 1. 9TH AVENUE PAVEMENT IMPROVEMENT PROJECT 2. STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MAY 8, 2025 AT 2:00 P.M.AT CITY HALL, 444 4TH STREET,PORT ARTHUR,TEXAS 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. aJiz,„1„,,t.e. Clifton Williams Purchasing Manager FIRST PUBLICATION: APRIL 30,2025 SECOND PUBLICATION: MAY 7, 2025 CITY OF PORT ARTHUR Request for Bids Storm Sewer Brick Manhole Replacement Project April 30, 2025 May 7, 2025 LIC O IC CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids,addressed to the City of Port Arthur, wit be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,May 21,2025 and all bids received will thereafter be opened and read aloud at 3:15 PM.,on Wednesday,May 21,2025 in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: 1.9TH AVENUE PAVEMENT IMPROVEMENT PROJECT 2.STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT Bids received after the deadline stated above,regardless of method of delivery,will not be considerec 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.govlbids.aspx or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MAY 8,2025 AT 2:00 P.M.AT CITY HALL,444 4TH STREET,PORT ARTHUR,TEXAS THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BID' PUBLIC NOTICE AND TO WAIVE FORMALITIES. CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall nolat sealed bids,addressed to the City of Port Arthur,will be received at the award a contract to a company that is in arrears in its obligations to the City. ary,City Hall 444 4th Street or P.O. Box 1089, Port Arthur,Texas 77641 nc rdnesday,May 21,2025 and all bids received will thereafter be opened �, P.M..on Wednesday,May 21,2025 in the City Council Chambers,5th Floor, �'f!/ l xas for certain services briefly described as: Cliftuft" 4r illams,Ot'PB Purehasing Manager TH AVENUE PAVEMENT IMPROVEMENT PROJECT c.a ioral!SEWER BRICK MANHOLE REPLACEMENT PROJECT Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be -etrieved from the City's website at www.portarthurtx.gov/bids,aspx or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,MAY 8.2025 AT 2:00I PM,AT CITY HALL.444 4TH STREET.PORT ARTHURaEXAS 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. Clip Williams. PR Purchasing Manager Exhibit " B" i C:-.1 1:, ck .tv A G. m r► a `\ , CD 0. �p A ins ;.� PI �. Sy FF� I E 'a AD ce UQ CC .-s tO CA iA O - o 5 r PI a y 0 c 0 e cx etI 0A c c c e po • CI "I ° et � 0 CV a �' o o N n b � c� � a � D . W w oo w a ~' ••D p_, ,- X o 0 0 Wo = o x et c � e A 1 0 °' 0 N el) Cyst N ¢ tea. eet v. = N �O 00 pp A w k o o C� ►- n efl ,.� 0 o id o 0 o VD y o c © i O C• et Cr CA C0 y 0 ~ sr3 •-` la th 00 .A W ►. ►.-.• C - C O cn p yet, 4D = W y N I Exhibit "C" CITY OF PORT ARTHUR, TEXAS BID SH VET BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID DUE DATE: MAY 21, 2025 ITEM# DESCRIPTION TOTAL COST 1 STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT S 1 0 j 000 2 CONTINGENCY $ flpg-2 - 'Ot 000 3 TOTAL $ I) Jlt1000 " Work will be completed le calendar days after NTP. Norrn Hiwo (On rvLkoi:j 'lit, 3302 W 'tc�r. RC = COMPANY NAME. STREET ADDR ESS 0re•n3t, TX 7% 3 -2. SiGNA O_:///rvo'ID R p1oj3 z to P.O.BOX waf 6(A.11 r ri ci,e, TX 31 PRINT OK TYPE NAME CITY CITY STA i'E ZIP VI'LA, Pry TITLE (L/Q ) {l V 2�l AREA CODE TELEPHONE NO baV lAhird. u0_9014ittor., EMAff FAX O. Exhibit " D" CITY OF ORT ARTHUR,TEXAS BRICK MANHOLE LOCATIONS ***APPROXIMATELY 60 MANHOLES FOR GLO*** SITE# ADDRESS 1 849 W. 17"STREET 2 1401 DEWALT AVE 3 900 HARDING AVE 4 499 HARDING AVE 5 731 W 15"ST 6 631 W 13" ST 7 801 W. 9111 STREET 8 748 ABE LINCOLN AVE 9 701 ABE LINCOLN AVE 10 614 GRANNIS AVE 11 498 GRANNIS AVE 12 1699 REV. RAYMOND SCOTT AVE 13 299 W. 9111 STREET 14 1601 RAILROAD AVE 15 123 W. 15" STREET 16 101 15"STREET 17 100 5"STREET 18 201 5" STREET 19 748 SAN ANTONIO AVE 20 248 12"STREET 21 301 6TH STREET 22 1601 AUSTIN AVE 23 1399 AUSTIN AVE 24 1120 AUSTIN AVE 25 800 AUSTIN AVE 26 499 6TH STREET 27 510 LAKESHORE DR 28 648 LAKESHORE DR 29 701 6" STREET 30 811 NEDERLAND AVE 31 698 ATLANTA AVE 32 1101 PROCTER STREET 33 1101 LAKESHORE DR 34 1498 SAVANNAH AVE 35 1219 PROCTER STREET 36 1248 PROCTER STREET 37 10TH STREET(GILHAM CIR.) 38 9' STREET(STILWELL BLVD) 39 1500 6TH STREET 40 1500 PROCTER STREET 41 1598 6"STREET 42 1548 14' STREET 43 801 NEW ORLEANS AVE 44 599 NEW ORLEANS AVE 45 1800 6TH STREET 46 1901 10"STREET 47 20016T"STREET 48 2299 W. REV DR RANSOM HOWARD ST CITY OF ORT ARTHUR,TEXAS BRICK MANHOLE LOCATIONS ***APPROXIMATELY 60 MANHOLES FOR GLO*** 49 998 FLORIDA AVE 50 1800 EL PASO AVE 51 9T" STREET(WOODWORTH BLVD) 52 3400 10T"STREET 53 3629 14T" STREET 54 1979 9T"AVE 55 4099 DRYDEN RD 56 801 PECOS AVE 57 4475 LAKESHORE DR 58 TERMINAL RD (W.15T"STREET) 59 TERMINAL RD (W. 17T"STREET) 60 901 W. 15T STREET Exhibit " E" P.R. NO.23607 02/14/2024 pdl PAGE 6 of 7 2019 Disasters Infrastructure Competition Awards Texas GLO 2019 Disasters Recovery Funds: The Texas General Land Office (GLO) is administering$227,510,000 million in Community Development Block Grant Disaster Recovery(CDBG-DR)funds from the U.S. Department of Housing and Urban Development (HUD)for long-term disaster recovery from 2019 flooding in the Lower Rio Grande Valley and Tropical Storm Imelda in Southeast Texas.The GLO allocated$61,430,000 million in disaster recovery funds for infrastructure projects to provide disaster relief, long-term recovery, and restoration of infrastructure for local communities.The GLO announced the opening of the application for eligible counties and cities on March 15, 2022, and applications closed on August 1, 2022. Each applicant was eligible to submit a total of two applications.All activities had to contribute to the long-term recovery and restoration of infrastructure.The GLO recognizes that as part of a comprehensive long-term recovery program,the repair and enhancements of local infrastructure are crucial components. Infrastructure activities are vital not only for the long-term recovery and restoration of housing but for the long-term recovery and viability of communities. Port Arthur manholes replacement-$990,000 The project will demolish and dispose of brick manholes and replace them with concrete manholes in various parts of the city. Port Arthur emergency access route-$990,000 With these funds the city of Port Arthur will create an emergency access route for evacuation and transportation during emergency situations. Construction will include rehabilitating a one mite stretch of 9th Avenue between 36th Street and Evergreen Drive above the 100-year flood water surface elevation, installing sanitary sewer pipes, manholes, and water pipes and assembling a fire hydrant. S0. J DocuSign Envelope ID:Al D567F4-7CAB-4702-A' 72614E8821B Ct iFi:j.LAND ��) YT- .7 m co �� y a j �. GLO CONTRACT No. 24-067-034-E222 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM INFRASTRUCTURE PROJECTS NON-RESEARCH& DEVELOPMENT 2019 DISASTERS FUNDING The GENERAL LAND OFFICE (the "GLO"), a Texas state agency, and CITY OF PORT ARTHUR, Texas Identification Number (TIN) 17460018850 ("Subrecipient"), each a "Party" and collectively the "Parties," enter into this Subrecipient agreement (the "Contract") under the U.S. Department of Housing and Urban Development's Community Development Block Grant Disaster Recovery ("CDBG-DR") program to provide financial assistance with funds appropriated under the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Pub. L. 116-20), enacted June 6, 2019, for necessary expenses for Activities authorized under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. § 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, mitigation, and affirmatively furthering fair housing, in accordance with Executive Order 12892, in the most impacted and distressed areas resulting from the 2019 Texas Severe Storms and Flooding (DR-4454) or Tropical Storm Imelda (DR-4466), also referred to individually and collectively as the "2019 Disasters," major disasters declared in 2019 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121 et seq.). Through CDBG-DR Federal Award Number B-19-DF-48-0001, awarded March 22, 2021, as may be amended from time to time, the GLO administers grant funds as Community Development Block Grants (Catalog of Federal Domestic Assistance Number 14.228, "Community Development Block Grants/State's program and Non-Entitlement Grants in Hawaii"), as approved by the Texas Land Commissioner and limited to use for facilitating recovery efforts in Presidentially-declared major disaster areas. ARTICLE I-GENERAL PROVISIONS 1.01 SCOPE OF PROJECT AND SUBAWARD (a) Scope of Project The purpose of this Contract is to set forth the terms and conditions of Subrecipient's participation in the CDBG-DR program. In strict conformance with the terms and conditions of this Contract, Subrecipient shall perform, or cause to be performed, the Infrastructure Activities defined in Attachment A(the "Project"). Subrecipient shall conduct the Project in strict accordance with this GLO Contract No.24-067-034-E222 Page 1 of 30 DocuSign Envelope ID:AlD567F4-7CAB-4702-AF 72614E8821B Contract, including all Contract Documents listed in Section 1.02,below, and any Amendments, Revisions, or Technical Guidance Letters issued by the GLO. (b) Subaward Subrecipient submitted a Grant Application under the Program. The GLO enters into this Contract based on Subrecipient's approved Grant Application. Subject to the terms and conditions of this Contract and Subrecipient's approved Grant Application, the GLO shall issue a subaward to Subrecipient in an amount not to exceed $990,000.00, payable as reimbursement of Subrecipient's allowable expenses, to be used in strict conformance with the terms of this Contract and the Performance Statement, Budget, and Benchmarks in Attachment A. The GLO is not liable to Subrecipient for any costs Subrecipient incurs before the effective date of this Contract or after the expiration or termination of this Contract. The GLO, in its sole discretion, may reimburse Subrecipient for allowable costs incurred before the effective date of this Contract, in accordance with federal law. 1.02 CONTRACT DOCUMENTS This Contract and the following Attachments, attached hereto and incorporated herein in their entirety for all purposes, shall govern this Contract: ATTACHMENT A: Performance Statement, Budget, and Benchmarks ATTACHMENT B: Federal Assurances and Certifications ATTACHMENT C: General Affirmations ATTACHMENT D: Nonexclusive List of Applicable Laws, Rules, and Regulations ATTACHMENT E: Special Conditions ATTACHMENT F: Monthly Activity Status Report ATTACHMENT G: GLO Information Security Appendix ATTACHMENT H: Contract Reporting Template 1.03 GUIDANCE DOCUMENTS Subrecipient is deemed to have read and understood, and shall abide by, all Guidance Documents applicable to the CDBG-DR program, including, without limitation j the following: (a) 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; (b) the relevant Federal Register publications; (c) the Action Plan; (d) the Method of Distribution(as applicable); GLO Contract No.24-067-034-E222 Page 2 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF '2614E8821 B (e) Other guidance posted at: https://recovery.texas.gov/action-plans/2019- disasters/index.html; and (f) Other guidance posted at: https://www.hudexchange.info/. All Guidance Documents identified herein are incorporated herein in their entirety for all purposes. 1.04 DEFINITIONS "Acquisition" means the purchase by Subrecipient of residential real property in a floodplain or Disaster Risk Reduction Area for any public purpose, as further defined in 42 U.S.C. § 5305(a)(1). Subrecipient may acquire property through the property owner's voluntary relinquishment of the property upon Subrecipient's purchase of it or through Subrecipient's eminent domain authority. "Act" means Title I of the Housing and Community Development Act of 1974, as amended(42 U.S.C. § 5301, et seq.). "Action Plan" means the State of Texas CDBG-DR Action Plan: 2019 Disasters, as may be amended, found at https://recovery.texas.gov/action-plans/2019-disasters/index.html. "Activity" means a defined class of works or services eligible to be accomplished using CDBG-DR funds. Activities are specified in Subrecipient's Performance Statement and Budget in Attachment A. "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, including Title 2, Part 200, of the Code of Federal Regulations and Chapters 321 and 2155 of the Texas Government Code. "Advance Payment" means any payment issued by the GLO to Subrecipient before Subrecipient disburses awarded funds for Program purposes, as further defined at 2 C.F.R. § 200.1 and 2 C.F.R. § 200.305. "Amendment" means a written agreement, signed by the Parties hereto, that documents alterations to the Contract other than those permitted by Technical Guidance Letters or Revisions, as herein defined. "Application" or"Grant Application"means the information Subrecipient provided to the GLO that is the basis for the award of funding under this Contract. "As-Built Plans" means the revised set of drawings submitted by a contractor upon completion of a project or a particular job that reflects all changes made in the specifications and working drawings during the construction process and show the exact dimensions, geometry, and location of all elements of the work completed under the project. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference. "Audit Certification Form" means the form, as specified in the GLO Guidance Documents, that Subrecipient will complete and submit to the GLO annually, in GLO Contract No.24-067-034-E222 Page 3 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-Af 72614E8821 B accordance with Section 4.01 of this Contract, to identify Subrecipient's fiscal year expenditures. "AUGF" means HUD Form 7015.16,Authority to Use Grant Funds. "Benchmark" means the milestones identified in Attachment A that define actions and Deliverables required to be completed by Subrecipient for release of funding by the GLO throughout the life of the Contract. "Budget" means the budget for the Activities funded by the Contract, a copy of which is included in Attachment A. "Buyout" means an Acquisition of real property in a floodplain or Disaster Risk Reduction Area that Subrecipient makes with the intent to reduce risk of real and personal property damage from future flooding events. Real property purchased under a local Buyout program is subject to post-acquisition land-use restrictions, which require that any structures on the property be demolished or relocated and the land be reverted to a natural floodplain, converted into a retention area, or retained as green space for recreational purposes. "CDBG-DR" means the Community Development Block Grant Disaster Recovery Program administered by the U.S. Department of Housing and Urban Development, in cooperation with the GLO. "Certificate of Construction Completion" or "COCC" means a document to be executed by Subrecipient, Subrecipient's construction contractor, and Subrecipient's engineer for each construction project that, when fully executed, provides final performance measures for the project and indicates acceptance of the completed project. "C.F.R." means the United States Code of Federal Regulations, the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States. "Contract" means this entire document; any Attachments, both physical and incorporated by reference; and any Amendments, Revisions, or Technical Guidance Letters the GLO may issue, to be incorporated by reference herein for all purposes as they are issued. "Contract Documents" means the documents listed in Section 1.02. "Contract Period" means the period of time between the effective date of the Contract and its expiration or termination date. "Deliverable" means a work product required to be submitted to the GLO as set forth in the Performance Statement and Benchmarks,which are included in Attachment A. "Disaster Risk Reduction Area" means a clearly delineated area established by Subrecipient in which real property suffered damage from the 2019 Disasters and in which the safety and well-being of area residents are at risk from future flooding events. "DRGR" means the U.S. Department of Housing and Urban Development's Disaster Recovery and Grant Reporting System. GLO Contract No.24-067-034-E222 Page 4 of 30 DocuSign Envelope ID:AlD567F4-7CAB-4702-AF 72614E8821B "Environmental Review Record" or "ERR" means the cumulative documentation required for each Activity or project to certify whether or not the Activity or project was found to have significant impacts on the environment and certify that, in order to reach said conclusion, the required environmental review process was completed in accordance with HUD's environmental regulations. "Equipment" means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost that equals or exceeds the lesser of the capitalization level established by Subrecipient for financial statement purposes or$5,000, as further defined at 2 C.F.R. § 200.313. "Event of Default" means the occurrence of any of the events set forth in Section 3.03, herein. "Federal Assurances" means Standard Form 424B (for non-construction projects) or Standard Form 424D (for construction projects), as applicable, in Attachment B, attached hereto and incorporated herein for all purposes. "Federal Certifications" means the document titled "Certification Regarding Lobbying — Compliant with Appendix A to 24 C.F.R. Part 87" and Standard Form LLL, "Disclosure of Lobbying Activities," also in Attachment B, attached hereto and incorporated herein for all purposes. "Federal Register" means the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices, including U.S. Department of Housing and Urban Development's Federal Register Notices 85 Fed. Reg. 4681 (January 27, 2020), 86 Fed. Reg. 569 (January 6, 2021), and any other publication affecting CDBG-DR allocations funding this Contract. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "FWCR"means Final Wage Compliance Report, a report Subrecipient will prepare at the completion of each federally funded project to certify that all workers on the project have been paid contract-specified prevailing wages and that any restitution owed to workers has been paid. "GAAP"means "generally accepted accounting principles." "GASB" means accounting principles as defined by the Governmental Accounting Standards Board. "General Affirmations" means the affirmations in Attachment C, which Subrecipient certifies by signing this Contract. "GLO" means the Texas General Land Office and its officers, employees, and designees, acting in their official capacities. "GLO Implementation Manual" means the manual created by the GLO for subrecipients of CDBG-DR grant allocations to provide guidance and training on the policies and procedures required so that subrecipients can effectively implement CDBG-DR programs and timely spend grant funds. GLO Contract No.24-067-034-E222 Page 5 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF 72614E8821 B "Grant Completion Report" or "GCR" means a report containing an as-built accounting of all Activities completed under the Project and all information required for final acceptance of Deliverables and Contract closeout. "Grant Manager" means the authorized representative of the GLO responsible for the day-to-day management of the Project and the direction of staff and independent contractors in the performance of work relating thereto. "Guidance Documents" means the documents referenced in Section 1.03. "HUD"means the United States Department of Housing and Urban Development. "Implementation Schedule" means the schedule that establishes the Project milestones Subrecipient will utilize to ensure timely expenditures and Project completion. "Infrastructure" means a project involving the creation of, repairs to, or replacement of public-works facilities and systems, including roads, bridges, dams, water and sewer systems, railways, subways, airports, and harbors. The term "Infrastructure" may also include a Planning Study project that relates to or affects Infrastructure facilities or systems. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and worldwide registration of such, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Low- and Moderate-Income" or "LMI" means a family or individual household whose annual income does not exceed eighty percent (80%) of the median family income or such other income limits as determined by HUD. This definition includes Very-Low-, Low-, and Moderate-Income households. "MID" means "most impacted and distressed," referencing a geographical area identified by the State of Texas or HUD as an area that sustained significant damage from a major disaster. "Monthly Activity Status Report" means a monthly Project Benchmark status report, as required under Section 4.02, for which a template is included as Attachment F of this Contract. "NTP" means "notice to proceed," a written authorization from the GLO to Subrecipient that allows Subrecipient to commence the work described in the NTP. "Performance Statement" means the statement of work for the Project in Attachment A, which includes specific Benchmarks and Activities, provides specific Project details and location(s), and lists Project beneficiaries. "Planning" means an Activity performed to assist in determining community disaster recovery needs such as urban environmental design, flood control, drainage improvements, surge protection, or other recovery responses. Planning services cannot include engineering design. "Program"means the CDBG-DR program, administered by HUD and the GLO. GLO Contract No.24-067-034-E222 Page 6 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF '2614E8821 B "Project" means the work to be performed under this Contract, as described in Section 1.01(a) and Attachment A. "Prompt Pay Act"means Chapter 2251 of the Texas Government Code. "Public Information Act" or"PIA" means Chapter 552 of the Texas Government Code. "Revision" means the GLO's written approval of changes to Deliverable due dates, movement of funds among budget categories, and other Contract adjustments the GLO may approve without a formal Amendment. "Start-Up Documentation" means the documents identified in Section 2.8.1 of the GLO Implementation Manual that must be completed and/or submitted to the GLO as specified in Section 4.01, below, before the GLO may reimburse Subrecipient for any invoiced expenses. "Subrecipient" means City of Port Arthur, a recipient of federal CDBG-DR funds through the GLO as the pass-through funding agency. Subrecipient may also be referred to as "Provider"herein. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of this Contract or the CDBG-DR Program that is issued by the GLO and provided to Subrecipient, applicable to specific subject matters pertaining to this Contract, and to which Subrecipient shall be subject as of a specific date. "Texas Integrated Grant Reporting System" or "TIGR" means the GLO system of record for documenting and reporting the use of grant funding. "U.S.C."means the United States Code. 1.05 INTERPRETIVE PROVISIONS (a) The meaning of a defined term applies to its singular and plural forms. (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. (c) The term"including"means "including,without limitation." (d) Unless otherwise expressly provided, a reference to a contract includes subsequent amendments and other modifications thereto that were executed according to the contract's terms and a reference to a statute, regulation, ordinance, or other law includes subsequent amendments, renumbering, recodification, and other modifications thereto made by the enacting authority. (e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract. (0 The limitations, regulations, and policies contained herein are cumulative and each must be performed in accordance with its terms without regard to other limitations, regulations, and policies affecting the same matter. GLO Contract No.24-067-034-E222 Page 7 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF 72614E8821B (g) Unless otherwise expressly provided, reference to any GLO action by way of consent, approval, or waiver is deemed modified by the phrase "in its sole discretion." Notwithstanding the preceding, the GLO shall not unreasonably withhold or delay any consent, approval, or waiver required or requested of it. (h) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day. (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred,report is submitted, or request is received. (j) Time is of the essence in this Contract. (k) In the event of conflicts or inconsistencies between this Contract, its Attachments, federal and state requirements, and any documents incorporated herein by reference, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: all applicable laws, rules, and regulations, including, but not limited to, those included in Attachment D; the Contract; Attachment A; Attachment E; Attachment B; Attachment C; Attachment F; Attachment G; Attachment H; applicable Guidance Documents; and the GLO Implementation Manual. Conflicts or inconsistencies between GLO Implementation Manual and this Contract; any laws, rules, or regulations; or any of the Guidance Documents should be reported to the GLO for clarification of the GLO Implementation Manual. ARTICLE II—REIMBURSEMENT,ADVANCE PAYMENT,AND INCOME 2.01 REIMBURSEMENT REQUESTS Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted via the GLO's Texas Integrated Grant Reporting (TIGR) system of record or as otherwise specified in a Technical Guidance Letter issued under this Contract. Subrecipient will be paid in accordance with the Contract Budget and the Benchmarks described in Attachment A. Failure by Subrecipient to perform any action or submit any Deliverable as described in Attachment A could result in the GLO placing a hold on further Subrecipient draws, conducting an official monitoring risk assessment, or requiring repayment, in part or in full,by Subrecipient of drawn funds in addition to other remedies provided to the GLO under this Contract. A draw request for an Advance Payment must be supported with documentation clearly demonstrating that the Advance Payment is required by Subrecipient in order for Subrecipient to continue carrying out the purpose of the Project. 2.02 TIMELY EXPENDITURES In accordance with the Federal Register and to ensure timely expenditure of grant funds, Subrecipient shall submit reimbursement requests under this Contract, at a minimum, quarterly. GLO Contract No.24-067-034-E222 Page 8 of 30 DocuSign Envelope ID:AlD567F4-7CAB-4702-AF '2614E8821B THE GLO MUST RECEIVE A REIMBURSEMENT REQUEST FOR AN INCURRED EXPENSE NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE SUBRECIPIENT OR ANY OF ITS SUBCONTRACTORS INCUR THE EXPENSE. THE GLO MAY, IN ITS SOLE DISCRETION, DENY REIMBURSEMENT REQUESTS THAT DO NOT MEET THIS REQUIREMENT, ISSUE DELINQUENCY NOTICES, WITHHOLD CAPACITY POINTS ON FUTURE FUNDING COMPETITIONS, IMPOSE A MONITORING REVIEW OF SUBRECIPIENT'S ACTIVITIES,OR IMPLEMENT OTHER CORRECTIVE ACTIONS. Subrecipient shall make timely payments to its subcontractors in accordance with Chapter 2251 of the Texas Government Code. Unless otherwise instructed in this Section, Subrecipient, shall submit final reimbursement requests to the GLO prior to Contract expiration or within thirty(30) days after the date of Contract termination. The GLO, in its sole discretion, may deny payment and de-obligate remaining funds from the Contract upon expiration or termination of the Contract. The GLO's ability to de-obligate funds under this Section 2.02 notwithstanding, the GLO shall pay all eligible reimbursement requests that are timely submitted. 2.03 PROGRAM INCOME In accordance with 24 C.F.R. § 570.489(e), Subrecipient shall maintain records of the receipt and accrual of all program income, as "program income" is defined in that section. Subrecipient shall report program income to the GLO in accordance with Article IV of this Contract. Subrecipient shall return all program income to the GLO at least quarterly unless otherwise authorized by the GLO in writing. Any GLO-authorized use of Program Income by Subrecipient shall be subject to GLO, HUD, and statutory restrictions and requirements. ARTICLE III-DURATION,EXTENSION,AND TERMINATION OF CONTRACT 3.01 DURATION OF CONTRACT AND EXTENSION OF TERM This Contract shall become effective on the date on which it is signed by the last Party and shall terminate on March 31, 2026, or upon the completion of all Benchmarks listed in Attachment A and required closeout procedures, whichever occurs first. Subrecipient must meet all Project Benchmarks identified in Attachment A. Subrecipient's failure to meet any Benchmark may result in suspension of payment or termination under Sections 3.02,3.03,or 3.04,below. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO, at its discretion, may agree to amend this Contract to extend the Contract Period two (2) times for a period of up to one (1) year each. ANY REQUEST FOR EXTENSION MUST BE RECEIVED BY THE GLO AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL TERMINATION DATE OF THIS CONTRACT AND,IF APPROVED,SUCH EXTENSION SHALL BE DOCUMENTED IN A WRITTEN AMENDMENT. GLO Contract No.24-067-034-E222 Page 9 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AI 72614E8821B 3.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of such notice, Subrecipient shall cease work, terminate any subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 3.03 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (a) Subrecipient fails to comply with any term, covenant, or provision contained in this Contract; (b) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (c) Subrecipient makes a materially incorrect representation or warranty in a Performance Statement, a reimbursement request for payment, or any report submitted to the GLO under the Contract. Prior to a determination of an Event of Default, the GLO shall allow a thirty (30) day period to cure any deficiency or potential cause of an Event of Default. The GLO may extend the time allowed to cure any deficiency or potential cause of an Event of Default. The GLO shall not arbitrarily withhold approval of an extension of the time allowed to cure a deficiency or potential cause of an Event of Default. In no event shall the amount of time allowed to cure a deficiency or potential cause of an Event of Default extend beyond the Contract Period. 3.04 REMEDIES;No WAIVER Upon the occurrence of any Event of Default, the GLO may avail itself of any equitable or legal remedy available to it, including without limitation, withholding payment, disallowing all or part of noncompliant Activities, or suspending or terminating the Contract. The Parties' rights or remedies under this Contract are not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing, upon the occurrence of an Event of Default. The GLO's failure to insist upon the strict observance or performance of any of the provisions of this Contract or to exercise any right or remedy provided in this Contract shall not impair, waive, or relinquish any such right or remedy with respect to another Event of Default. 3.05 REVERSION OF ASSETS Upon expiration or termination of the Contract and subject to this Article: (a) If applicable, Subrecipient shall transfer to the GLO any CDBG-DR funds Subrecipient has in its possession at the time of expiration or termination that are not attributable to work performed on the Project and any accounts receivable attributable to the use of CDBG-DR funds awarded under this Contract; and (b) If applicable, real property under Subrecipient's control that was acquired or improved, in whole or in part,with funds in excess of$25,000 under this Contract shall be used to meet one of the CDBG-DR National Objectives pursuant to 24 GLO Contract No.24-067-034-E222 Page 10 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF 72614E8821B C.F.R. § 570.208, as identified in the Action Plan, until five (5) years after the expiration of this Contract or such longer period of time as the GLO deems appropriate. If Subrecipient fails to use the CDBG-DR funded real property in a manner that meets a CDBG-DR National Objective for the prescribed period of time, Subrecipient shall pay the GLO an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG-DR funds for acquisition of, or improvement to, the property. Subrecipient may retain real property acquired or improved under this Contract after the expiration of the five-year period or such longer period of time as the GLO deems appropriate. ARTICLE IV-CONTRACT ADMINISTRATION 4.01 SUBMISSIONS—GENERALLY Except for legal notices that must be sent by specific instructions pursuant to Section 8.12 of the Contract, any report, form, document, or request required to be submitted to the GLO under this Contract shall be sent in the format prescribed by the GLO. If Subrecipient fails to submit to the GLO any required Program documentation in a timely and satisfactory manner as required under this Contract, the GLO, in its sole discretion, may issue a delinquency notification and withhold any payments, pending Subrecipient's correction of the deficiency. (a) Start-Up Documentation Not later than the close of business sixty (60) calendar days after the effective date of this Contract, Subrecipient must submit its Start-Up Documentation to the GLO. (b) Audit Certification Form Not later than the close of business sixty (60) calendar days after the end of Subrecipient's fiscal year for each year during the Contract term, Subrecipient must submit a completed Audit Certification Form to the GLO. (c) Other Forms In conformance with required state and federal laws applicable to the Contract: (i) Subrecipient certifies, by the execution of this Contract, all applicable statements in Attachment C, General Affirmations; (ii) Subrecipient must execute Standard Form 424D, Federal Assurances for Construction Programs, found at Page 1 of Attachment B; (iii) Subrecipient must execute the "Certification Regarding Lobbying Compliant with Appendix A to 24 C.F.R. Part 87," found at Page 3 of Attachment B; and (iv) If any funds granted under this Contract have been used for lobbying purposes, Subrecipient must complete and execute Standard Form LLL, "Disclosure of Lobbying Activities," found at Page 4 of Attachment B. GLO Contract No.24-067-034-E222 Page 11 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF '2614E8821B 4.02 MONTHLY ACTIVITY STATUS REPORTS Subrecipient must provide monthly Activity status reporting, in the format prescribed in Attachment F (Monthly Activity Status Report) or as otherwise instructed by the GLO Grant Manager, for each individual Activity identified in Attachment A. The Monthly Activity Status Report is due on the fifth day of the month following the month in which the reported Activities were performed for the duration of the Contract. Subrecipient shall submit the Monthly Activity Status Reports to the GLO through the TIGR system as prescribed in Attachment F or as specified by the GLO Grant Manager. 4.03 HUD CONTRACT REPORTING REQUIREMENT HUD requires the GLO to maintain a public website that accounts for the use and administration of all GLO-administered CDBG-DR grant funds. To assist the GLO in meeting this requirement, Subrecipient must prepare and submit monthly to the GLO a written summary of all contracts procured by Subrecipient using grant funds awarded under this Contract. Subrecipient shall only report contracts as defined in 2 C.F.R. § 200.1. Subrecipient must use the template in Attachment H to prepare the monthly reports. On or before the fifth day of each month during the Contract Period, reports summarizing required information for the preceding month shall be submitted through the TIGR system as prescribed in Attachment H or as specified by the GLO Grant Manager. Additional information about this reporting requirement is available in published HUD guidance and Federal Register publications governing the CDBG-DR funding allocation. 4.04 SECTION 3 REPORTING REQUIREMENTS In accordance with 24 C.F.R. § 75.25, Subrecipient is required to submit to the GLO quarterly reports documenting actions taken to comply with the employment, training, and contracting requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701u), the results of such actions taken, and impediments encountered (if any) to such actions. Subrecipient should maintain records of job vacancies, solicitations of bids or proposals, selection materials and contracting documents (including scopes of work and contract amounts), in accordance with procurement laws and regulations. Records should demonstrate Subrecipient's efforts to achieve the Section 3 numerical goals. Section 3 quarterly reports are due on the 10th of the month following the quarter's close. The schedule is as follows: Quarter 1 (Sept-Nov): Due December 10th Quarter 2 (Dec-Feb): Due March 10th Quarter 3 (Mar-May): Due June 10th Quarter 4(Jun-Aug): Due September 10th Subrecipient is also required to submit an annual report, due on September 30 of each year during the Contract Period. Forms for the Section 3 quarterly and annual reports may be found at s3-section-3-quarterly-report.xlsx (live.com) and s7-section-3-annual- summary-report.xlsx (live.com). Subrecipient must submit completed forms to the GLO through the TIGR system, as instructed by the GLO Grant Manager. GLO Contract No.24-067-034-E222 Page 12 of 30 a...r.n. "vr' •;:ram..,. .sw... .�,re.,,,.,maa M .. i�•^ r r'+ .��.. _. ..... .. ! DocuSign Envelope ID:A1D567F4-7CAB-4702-AF 2614E8821B If Subrecipient conducts no hiring or contracting efforts during a quarter, Subrecipient must report zeros in the quarterly report fields for such and add a note in the "other efforts, see remarks below"field that states that fact. Subrecipient is not required to develop and implement a Section 3 Plan and assign a Section 3 Coordinator,but these actions are considered best practices. ARTICLE V-FEDERAL AND STATE FUNDING,RECAPTURE OF FUNDS,AND OVERPAYMENT 5.01 FEDERAL FUNDING (a) Funding for this Contract is appropriated by the Congress of the United States under the acts listed in the table below and allocated to the State of Texas by HUD in accordance with Executive Order 12892, to fund disaster relief and recovery efforts in presidentially declared major disaster areas, as defined in Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). Federal Award Congressional Act Identification Number(FAIN) Additional Supplemental Appropriations for Disaster Relief Act,2019(Pub. L. 116-20),enacted June 6,2019,for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974(42 U.S.C. § 5301 et seq.)related to disaster relief,long-term recovery,restoration of B-19-DF-48-0001 infrastructure and housing, economic revitalization,and mitigation in the most impacted and distressed areas resulting from a major disaster that occurred in 2018 or 2019 The fulfillment of this Contract is based on those funds being made available under Catalog of Federal Domestic Assistance (CFDA)No. 14.228 to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CDBG-DR Program, and any other applicable laws. Further, Subrecipient acknowledges that all funds are subject to recapture and repayment for noncompliance. (b) Subrecipient must have an assigned Unique Entity Identifier (UEID) and a Commercial and Government Entity(CAGE) code. Subrecipient must report its UEID and CAGE code to the GLO for use in various reporting documents. A UEID and CAGE code may be obtained by visiting the System for Award Management website at https://www.sam.gov. Subrecipient is responsible for renewing its registration with the System for Award Management annually and maintaining an active registration status throughout the Contract Period. 5.02 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas or the GLO in violation of Article III, Section 49, of the Texas GLO Contract No.24-067-034-E222 Page 13 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF '2614E8821 B Constitution. The GLO's obligations hereunder are subject to the availability of state funds. If adequate funds are not appropriated or become unavailable, the GLO may terminate this Contract. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their interests accrued up to the date of termination. (b) Any claim by Subrecipient for damages under this Contract may not exceed the amount of payment due and owing Subrecipient or the amount, of funds appropriated for payment but not yet paid to Subrecipient under this Contract. Nothing in this provision shall be construed as a waiver of the GLO's sovereign immunity. 5.03 RECAPTURE OF FUNDS Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the Activities as set forth in the Contract. The discretionary right of the GLO to terminate for convenience under Section 3.02 notwithstanding, the GLO may terminate the Contract and recapture, and be reimbursed by Subrecipient for, any payments made by the GLO (a) that exceed the maximum allowable HUD rate; (b) that are not allowed under applicable laws, rules, and regulations; or (c) that are otherwise inconsistent with this Contract, including any unapproved expenditures. This recapture provision applies to any funds expended for the Project or any Activity that does not meet a CDBGDR Program National Objective as specified in the Performance Statement in Attachment A or that is not otherwise eligible under CDBG-DR regulations. 5.04 OVERPAYMENT AND DISALLOWED COSTS Subrecipient shall be liable to the GLO for any costs disallowed pursuant to financial and/or compliance audit(s) of funds Subrecipient received under this Contract. Subrecipient shall reimburse the GLO for such disallowed costs from funds that were not provided or otherwise made available to Subrecipient under this Contract. Subrecipient must refund disallowed costs and overpayments of funds received under this Contract to the GLO within 30 days after the GLO issues notice of overpayment to Subrecipient. 5.05 FINAL BENCHMARK (a) Construction Activities To ensure full performance of each construction Activity and the Project, the GLO will set aside an amount equal to five percent (5%) of Subrecipient's construction budget per Activity until completion and acceptance by the GLO of all actions and Deliverables for the Activity, as identified in Attachment A. The GLO shall make the final disbursement to Subrecipient only upon the GLO's receipt and acceptance of the Deliverables identified in Attachment A as required for the completion of construction phase. If Subrecipient has multiple construction subcontracts, an amount equal to five percent (5%) of Subrecipient's construction budget per construction subcontract shall be withheld by the GLO until completion and acceptance by the GLO of all actions and Deliverables identified in Attachment A for the particular project. GLO Contract No.24-067-034-E222 Page 14 of 30 DocuSign Envelope ID:A1D567F4-7CAB-4702-AFO '614E8821 B Separate Deliverables are required per construction subcontract, and associated costs are pro-rated in accordance with budget details in the fmal GLO-approved Application. If a project includes more than one Environmental Review Record, associated costs are pro-rated in accordance with budget details in the fmal GLO- approved Application. (b) Project Delivery—Grant Administration To ensure full performance of this Contract, the GLO will set aside an amount equal to five percent (5%) of Subrecipient's project delivery — grant administration budget until completion and acceptance by the GLO of all actions and Deliverables identified in Attachment A. ARTICLE VI-INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) The Parties shall jointly own all right, title, and interest in and to all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract, with each Party having the right to use, reproduce, or publish any or all of such information and other materials without obtaining permission from the other Party, subject to any other restrictions on publication outlined in this Contract, and without expense or charge. (b) Subrecipient grants the GLO and HUD a royalty-free, non-exclusive, and irrevocable license to reproduce,publish, or otherwise use, and to authorize others to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract. 6.02 NON-ENDORSEMENT BY STATE AND THE UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still or motion pictures, articles, manuscripts, or other publications) that states or implies the GLO, the State of Texas, U.S. Government, or any government employee, endorses a product, service, or position Subrecipient represents. Subrecipient may not release information relating to this Contract or state or imply that the GLO, the State of Texas, or the U.S. Government approves of Subrecipient's work products or considers Subrecipient's work product to be superior to other products or services. 6.03 DISCLAIMER REQUIRED On all public information releases issued pursuant to this Contract, Subrecipient shall include a disclaimer stating that the funds for this Project are provided by Subrecipient and the Texas General Land Office through HUD's CDBG-DR Program. GLO Contract No.24-067-034-E222 Page 15 of 30 DocuSign Envelope ID:AlD567F4-7CAB-4702-AF( ?614E8821B ARTICLE VII-RECORDS,AUDIT,AND RETENTION 7.01 BOOKS AND RECORDS Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full,true, and complete records necessary for fully disclosing to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine Subrecipient's compliance with this Contract and all applicable laws, statutes, rules, and regulations, including the applicable laws and regulations provided in Attachment D and Attachment E. 7.02 INSPECTION AND AUDIT (a) All records related to this Contract, including records of Subrecipient and its subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and work product shall be subject, at any time, to inspection, examination, audit, and copying at Subrecipient's primary location or any location where such records and work product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Subrecipient shall cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and work product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. (c) Subrecipient will be deemed to have read and know of all applicable federal, state, and local laws, regulations, and rules pertaining to the Project, including those identified in Attachment D, governing audit requirements. (d) At any time, the GLO may perform, or instruct a for-profit Subrecipient to perform, an annual Program-specific, fiscal, special, or targeted audit of any aspect of Subrecipient's operation. Subrecipient shall maintain financial and other GLO Contract No.24-067-034-E222 Page 16 of 30 DocuSign Envelope ID:A1D567F4-7CAB-4702-A 172614E8821 B records prescribed by the GLO or by applicable federal or state laws, rules, and regulations. 7.03 PERIOD OF RETENTION In accordance with federal regulations, all records relevant to this Contract shall be retained for a period of three(3) years subsequent to the final closeout of the overall State of Texas CDBG-DR grant, in accordance with federal regulations. The GLO will notify all Program participants of the date upon which local records may be destroyed. ARTICLE VIII-MISCELLANEOUS PROVISIONS 8.01 LEGAL OBLIGATIONS For the duration of this Contract, Subrecipient shall procure and maintain any license, authorization, insurance, waiver, permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient shall pay all costs associated with all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient shall pay any such government obligations not paid by its subcontractors during performance of this Contract. Subrecipient shall maintain copies of such licenses and permits as a part of its local records in accordance with Section 7.01 of this Contract or as otherwise specifically directed by the GLO. Subrecipient shall provide Monthly Activity Status Reports via the GLO system of record in accordance with Section 4.02 of this Contract. 8.02 INDEMNITY As required under the Constitution and laws of the State of Texas, each Party understands that it is solely liable for any liability resulting from its acts or omissions. No act or omission of a Party shall be imputed to the other Party. Neither Party shall indemnify or defend the other Party. 8.03 INSURANCE AND BOND REQUIREMENTS (a) Unless Subrecipient is authorized by Chapter 2259 of the Texas Government Code to self-insure, Subrecipient shall carry insurance for the duration of this Contract in types and amounts necessary and appropriate for the Project. (b) Subrecipient shall require all contractors, subcontractors, vendors, service providers, or any other person or entity performing work described in Attachment A to carry insurance for the duration of the Project in the types and amounts customarily carried by a person or entity providing such goods or services. Subrecipient shall require any person or entity required to obtain insurance under this section to complete and file the declaration pages from the insurance policies with Subrecipient whenever a previously identified policy period expires during the term of Subrecipient's contract with the person or entity, as proof of continuing coverage. Subrecipient's contract with any such person or entity shall clearly state that acceptance of the insurance policy declaration pages by Subrecipient shall not relieve or decrease the liability of the person or entity. GLO Contract No.24-067-034-E222 Page 17 of 30 DocuSign Envelope ID:AlD567F4-7CAB-4702-A 72614E8821B Persons or entities shall be required to update all expired policies before Subrecipient's acceptance of an invoice for monthly payment from such parties. (c) Subrecipient shall require performance and payment bonds to the extent they are required under Chapter 2253 of the Texas Government Code. (d) Subrecipient shall require any person or entity performing work on any construction Activity under the Contract to complete form SF-424D, entitled "Assurances — Construction Programs," and Subrecipient shall maintain such documentation. 8.04 ASSIGNMENT AND SUBCONTRACTS Subrecipient must not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the GLO's prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision is void and without effect. Notwithstanding this provision, it is mutually understood and agreed that Subrecipient may subcontract with others for some or all of the services to be performed under this Contract. In any approved subcontracts, Subrecipient must legally bind the subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Subrecipient as specified in this Contract. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. For subcontracts to which Federal Labor Standards requirements apply, Subrecipient shall submit to the GLO all documentation required to ensure compliance. Subrecipient shall retain five percent (5%) of the payment due under each of Subrecipient's construction or rehabilitation subcontracts until the GLO determines that the Federal Labor Standards requirements applicable to each such subcontract have been satisfied. 8.05 PROCUREMENT Subrecipient must comply with the procurement procedures stated at 2 C.F.R. §§ 200.318 through 200.327 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules. Failure to comply with 2 C.F.R. §§ 200.318 through 200.327 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules could result in recapture of funds. Subrecipient must confirm that its vendors and subcontractors are not debarred from receiving state or federal funds at each of the following web addresses: (a) the Texas Comptroller's Vendor Performance Program at https://comptroller.texas.gov/purchasing/; and (b) the U.S. General Services Administration's System for Award Management at https://www.sam.gov/. GLO Contract No.24-067-034-E222 Page 18 of 30 DocuSign Envelope ID:A1D567F4-7CAB-4702-A' 72614E8821B 8.06 CHILD SUPPORT OBLIGATION Subrecipient represents and warrants that it will include the following clause in the award and contract documents for every subaward and subcontract and will require subawardees and subcontractors to certify accordingly: "Under Section 231.006 of the Texas 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 acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." 8.07 SUBAWARD AND SUBCONTRACT MONITORING Subrecipient represents and warrants that it will monitor the activities of any subawardee as necessary to ensure that the subaward is used for authorized purposes, in compliance with applicable statutes, regulations, and the terms and conditions of the subaward, and that subaward performance goals are achieved. Subrecipient represents and warrants that it will monitor the activities of any subcontractor as necessary to ensure that subcontract funds are used for authorized purposes, in compliance with applicable statutes, regulations, and the terms and conditions of the subcontract, and that subcontract performance goals are achieved. 8.08 EQUIPMENT AND COMPUTER SOFTWARE Any purchase of Equipment or computer software made pursuant to this Contract shall be made in accordance with all applicable laws, regulations, and rules, including those defined in 2 C.F.R. § 200.313. In accordance with 24 C.F.R. § 570.502(a), if Equipment is acquired, in whole or in part, with funds under this Contract and is then sold, the proceeds shall be considered program income, as defined in Section 2.03 above. Equipment not needed by Subrecipient for Activities under this Contract shall be (a) transferred to the GLO for the CDBG-DR Program or (b) retained by Subrecipient after compensating the GLO an amount equal to the current fair market value of the Equipment less the percentage of non-CDBG-DR funds used to acquire the Equipment. 8.09 COMMUNICATION WITH THIRD PARTIES The GLO and the authorities named in Article VII, above, may initiate communications with any subcontractor of Subrecipient, and may request access to any books, documents, personnel, papers, and records of a subcontractor which are pertinent to this Contract. Such communications may be required to conduct audits, examinations, Davis-Bacon Labor Standards interviews, and gather additional information as provided in Article VII herein. GLO Contract No.24-067-034-E222 Page 19 of 30 DocuSign Envelope ID:A1D567F4-7CAB-4702-A 72614E8821B 8.10 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract. Subrecipient is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, an employer- employee or principal-agent relationship, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Subrecipient or any other party. Subrecipient shall be solely responsible for, and the GLO shall have no obligation with respect to, the following: the withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas;participation or contributions by the State of Texas to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State of Texas. 8.11 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient must comply, and must ensure the compliance of its subawardees and contracts, with all applicable federal, state, and local laws, statutes, ordinances, and regulations, including those listed in Attachments B, C, D, and E, and policies in effect or hereafter established. Subrecipient is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations affecting its performance under this Contract. In addition, Subrecipient represents and warrants that it will comply with all requirements imposed by the awarding agency concerning special requirements of law, program requirements, and other administrative requirements. In instances where multiple requirements apply to Subrecipient, the more restrictive requirement applies. 8.12 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail (certified, postage paid, return receipt requested) or with a common carrier(overnight, signature required)to the appropriate address below. GLO Texas General Land Office 1700 N. Congress Avenue, 7th Floor Austin,TX 78701 Attention: Contract Management Division Subrecipient City of Port Arthur 444 4th St. Port Arthur, TX 77640 Attention: Ronald Burton Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for notice by written notice to the other Party sent in accordance with this section. GLO Contract No.24-067-034-E222 Page 20 of 30 DocuSign Envelope ID:AlD567F4-7CAB-4702-AF 72614E8821B 8.13 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, that it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction with respect to this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.14 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 8.15 DISPUTE RESOLUTION Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract, including a claim for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Subrecipient to suspend performance of this Contract. Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF THE GLO'S SOVEREIGN IMMUNITY. 8.16 CONFIDENTIALITY To the extent permitted by law, Subrecipient and the GLO shall keep all information, in whatever form produced, prepared, observed, or received by Subrecipient or the GLO, confidential to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Subrecipient or the GLO; or (c) information that Subrecipient or the GLO is otherwise required to keep confidential by this Contract. Subrecipient must not make any communications or announcements relating to this Contract through press releases, social media, or other public relations efforts without the prior written consent of the GLO. 8.17 PUBLIC RECORDS The GLO shall post this Contract to the GLO's website. Subrecipient understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. Subrecipient is required to make any information .created or GLO Contract No.24-067-034-E222 Page 21 of 30 • DocuSign Envelope ID:A1D567F4-7CAB-4702-A 172614E8821 B exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdf') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Subrecipient believes to be excepted from disclosure as "confidential" or a "trade secret," Subrecipient waives any and all claims it may make against the GLO for releasing such information without prior notice to Subrecipient. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Subrecipient shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIALegal@a,glo.texas.gov. If a request for information was not written, Subrecipient shall forward the third party's contact information to the above-designated e-mail address. 8.18 AMENDMENTS TO THE CONTRACT Amendments to decrease or increase the subaward, to add or delete an Activity as allowed by the Guidance Documents, to extend the term of the Contract, and/or to make other substantial changes to the Contract may be made only by written agreement of the Parties under the formal Amendment process outlined below, except that, upon completion of the Project, the GLO shall formally close out the Project by issuing a closeout letter pursuant to Section 8.23. The formal Amendment process requires official request documentation from Subrecipient detailing all provisions to be amended and supporting documentation as required. The GLO Grant Manager will confirm and review the request and, as appropriate, submit the proposed amended language or amount to the GLO's Contract Management Division for the preparation of a formal Amendment and circulation for necessary GLO and Subrecipient signatures. In the sole discretion of the GLO and in conformance with federal law, the GLO may approve other adjustments required by the GLO during Project performance through a Revision or Technical Guidance Letter unilaterally issued by the GLO and acknowledged by Subrecipient. Such GLO approvals must be in writing and may be delivered by U.S. mail or electronic mail. 8.19 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its Attachments, and any Amendment(s), Technical Guidance Letter(s), and/or Revision(s) issued in conjunction with this Contract, if any, constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Any additional or conflicting terms in issued Attachments, Technical Guidance Letters, and/or Revisions shall be harmonized with this Contract to the extent possible. Unless an Attachment, Technical Guidance Letter, or Revision specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the Contract. 8.20 PROPER AUTHORITY Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to legally bind its respective entity. If applicable, a GLO Contract No.24-067-034-E222 Page 22 of 30 DocuSign Envelope ID:A1D567F4-7CAB-4702-A' 72614E8821B resolution, motion, or similar action has been duly adopted or passed as an official act of Subrecipient's governing body, authorizing the filing of the grant Application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative or the designee of Subrecipient to act in connection with the Application and to provide such additional information as may be required. 8.21 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. 8.22 SURVIVAL The provisions of Articles V,VI, and VII and Sections 1.01, 1.03,3.02,3.04,3.05,8.02, 8.03,8.09,8.10,8.11,8.12,8.13,8.15,8.16,8.17,8.18,8.23,and 8.32 of this Contract and any other continuing obligations of Subrecipient shall survive the termination or expiration of this Contract. 8.23 CONTRACT CLOSEOUT Subrecipient shall prepare and submit to the GLO for approval a fmal Grant Completion Report confirming final performance measures, budgets, and expenses for all Project Activities within thirty (30) days following the completion of all Activities required under the Contract; however, in no event shall Subrecipient submit the Grant Completion Report later than the date of expiration of the Contract. The GLO will close the Contract in accordance with 2 C.F.R. §§ 200.344 through 200.346 and GLO CDBG-DR guidelines consistent therewith. SUBRECIPIENT SHALL SUBMIT A FINAL BUDGET AND ACTUAL EXPENDITURES TO THE GLO AS PART OF THE GRANT COMPLETION REPORT. THE GRANT COMPLETION REPORT SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL CONFIRM ELIGIBILITY AND COMPLETION OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT. FAILURE TO SUBMIT TO THE GLO THE FINAL BUDGET AND ACTUAL EXPENDITURES AS PART OF THE GRANT COMPLETION REPORT PRIOR TO CONTRACT EXPIRATION WILL RESULT IN FORFEITURE AND DE-OBLIGATION OF ALL REMAINING, UNREQUESTED FUNDS. The GLO will notify Subrecipient via official closeout letter upon review and approval of the final Grant Completion Report. 8.24 INDIRECT COST RATES Unless,under the terms of 2 C.F.R. Part 200, Appendix V, Subrecipient has negotiated or does negotiate an indirect cost rate with the federal government, subject to periodic renegotiations of the rate during the Contract Period, or is exempt from such negotiations and has developed and maintains an auditable central service cost allocation plan, Subrecipient's indirect cost rate shall be set by 2 C.F.R. § 200.414(f), i.e., ten percent (10%). GLO Contract No.24-067-034-E222 Page 23 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF 72614E8821 B 8.25 CONFLICT OF INTEREST (a) Subrecipient shall abide by the provisions of this section and include the provisions in all subcontracts. Subrecipient shall comply with all conflict-of- interest laws and regulations applicable to the Program. (b) Subrecipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. (c) Subrecipient represents and warrants that performance under the Contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Subrecipient represents and warrants that, in the administration of the grant, it will comply with all conflict-of-interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code, if applicable. If circumstances change during the course of the Contract, Subrecipient shall promptly notify the GLO. 8.26 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as "Force Majeure"), then, while compliance is so prevented, the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure must promptly notify the other Party of the Force Majeure event in writing, and, if possible, such notice must set forth the extent and duration of the Force Majeure. The Party claiming Force Majeure must exercise due diligence to prevent, eliminate, or overcome such Force Majeure event when it is possible to do so and must resume performance at the earliest possible date. However, if nonperformance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Subrecipient. 8.27 ENVIRONMENTAL CLEARANCE REQUIREMENTS (a) Subrecipient is the responsible entity, as "responsible entity" is defined under 24 C.F.R. Part 58, and is accountable for conducting environmental reviews and for obtaining any environmental clearance necessary for successful completion of an Activity or the Project. Subrecipient shall prepare an environmental review or assessment of each Activity or the Project in accordance with applicable laws, regulations, rules, and guidance. Subrecipient shall maintain a written Environmental Review Record ("ERR") for each Activity or the Project, including all supporting source documentation and documentation to support any project mitigation. Subrecipient shall provide a copy of the ERR and all related source documentation to the GLO. GLO Contract No.24-067-034-E222 Page 24 of 30 DocuSign Envelope ID:A1D567F4-7CAB-4702-AF 2614E8821B (b) Subrecipient shall address inquiries and complaints and shall provide appropriate redress related to environmental Activities. Subrecipient shall document each communication issued or received hereunder in the related ERR. (c) The GLO may, in its sole discretion, reimburse Subrecipient for certain exempt environmental Activities, as defined in federal regulations. Reimbursement requests for exempt environmental Activities must be supported by the proper HUD-prescribed form. (d) The Parties acknowledge and understand that the GLO may enter into interagency agreements with the Texas Historical Commission and other entities in order to facilitate any necessary environmental or historic review. The GLO may incorporate one or more interagency agreements into this Contract via a Technical Guidance Letter. 8.28 CITIZEN PARTICIPATION AND ALTERNATIVE REQUIREMENTS (a) Subrecipient must ensure that all citizens have equal and ongoing access to information about an Activity or the Project, including ensuring that Activity or Project information is available in the appropriate languages for the geographical area served by Subrecipient. Information furnished to citizens shall include, without limitation: (i) The amount of CDBG-DR funds expected to be made available; (ii) The range of Activities or projects that may be undertaken with the CDBG-DR funds; (iii) The estimated amount of the CDBG-DR funds proposed to be used for Activities or projects meeting the national objective of benefiting low-to- moderate income persons; and (iv) A clear statement of such and the entity's anti-displacement and relocation plan if any proposed CDBG-DR Activities or projects are likely to result in displacement. (b) Complaint Procedures: Subrecipient must have written citizen-complaint procedures for providing a timely written response (within fifteen [15] working days) to complaints and grievances. Subrecipient shall notify citizens of the location and the days and hours when the location is open for business so they may obtain a copy of these written procedures. (c) Technical Assistance: If requested, Subrecipient shall provide technical assistance in completing applications under the Project to persons of low and moderate income. (d) Subrecipient shall maintain a citizen participation file that includes a copy of Subrecipient's complaint procedures, documentation and evidence of opportunities provided for citizen participation (e.g., public notices, advertisements, flyers, etc.), documentation of citizen participation events (e.g., meeting minutes, attendance lists, sign-in sheets, news reports, etc.), and documentation of any technical assistance requested and/or provided. GLO Contract No.24-067-034-E222 Page 25 of 30 DocuSign Envelope ID:A1D567F4-7CAB-4702-AF1 2614E8821B 8.29 SIGNAGE REQUIREMENTS On any public building or facility funded under this Contract, Subrecipient shall place permanent signage. Signs shall be placed in a prominent, visible public location. Subrecipient shall format each sign to best fit the architectural design of the building or facility but the sign should be legible from a distance of at least three(3)feet. For other construction projects (e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation) funded under this Contract, Subrecipient shall place temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality. All signage required under this section shall contain the following: "This project is funded by the Texas General Land Office of the State of Texas to provide for the restoration of infrastructure for communities impacted by the 2019 Disasters, including the 2019 South Texas Floods and Tropical Storm Imelda. The funds have been allocated by the United States Department i of Housing and Urban Development through the Community Development Block Grant—Disaster Recovery Program." 8.30 PREFERENCE AND PROCUREMENT OF MATERIALS To the extent applicable, Subrecipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired in the following manner: (a) competitively within a timefram allowing compliance with the Contract's performance schedule; (b) in a way that meets the Contract's p rformance requirements; or (c) at a reasonable price. To ensure maximum use of recovered/recy led materials pursuant to 2 C.F.R. § 200.323, information about this requirement, along with the list of EPA-designated items, is available at the EPA's Comprehensive Procurement Guideline Program website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 8.31 EQUAL OPPORTUNITY CLAUSE Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment GLO Contract No.24-067-034-E222 Page 26 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF1 2614E8821B without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity,or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September GLO Contract No.24-067-034-E222 Page 27 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-Al 72614E8821 B 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." Subrecipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if Subrecipient so participating is 'a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. Subrecipient agrees that it will assist and cooperate actively with the GLO and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the Secretary of Labor, that it will furnish the GLO and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the GLO in the discharge of the GLO's primary responsibility for securing compliance. Subrecipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts, as defined in 41 C.F.R. § 60-1.3, and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Subrecipient agrees that if it fails or refuses to comply with these undertakings, the GLO may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Contract; refrain from extending any further assistance to Subrecipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from Subrecipient; and refer the case to the Department of Justice for appropriate legal proceedings. 8.32 INFORMATION AND DATA SECURITY STANDARDS Subrecipient shall comply with all terms specified in the GLO Information Security Appendix, incorporated herein for all purposes as Attachment G. GLO Contract No.24-067-034-E222 Page 28 of 30 DocuSIgn Envelope ID:A1D567F4-7CAB-4702-AF '2614E8821B 8.33 CYBERSECURITY TRAINING PROGRAM(LOCAL GOVERNMENT SYSTEM) If Subrecipient is a local government as defined in Chapter 2054 of the Texas Government Code, Subrecipient represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 8.34 DISCLOSURE PROTECTIONS FOR CERTAIN CHARITABLE ORGANIZATIONS, CHARITABLE TRUSTS,AND PRIVATE FOUNDATIONS If Subrecipient is a governmental entity as defined in Chapter 2252 of the Texas Government Code, Subrecipient represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. 8.35 LIMITATIONS ON GRANT EXPENDITURE Subrecipient shall expend funds received under the grant or contract subject to the limitations and reporting requirements similar to those provided by the following: (a) Parts 2, 3, and 5 of the Texas General Appropriations Act, Article IX, except there is no requirement for increased salaries for local government employees; (b) Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and (c) Sections 2113.012 and 2113.101 of the Texas Government Code. 8.36 LOBBYING EXPENDITURE RESTRICTION Subrecipient represents and warrants that the GLO's payments to Subrecipient and Subrecipient's receipt of appropriated or other funds under the Contract are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code, which restrict lobbying expenditures. 8.37 OPEN MEETINGS If Subrecipient is a governmental entity, Subrecipient represents and warrants its compliance with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of a governmental body to be open to the public, except as otherwise provided by law. 8.38 POLITICAL POLLING PROHIBITION Subrecipient represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity that performs political polling, except that this prohibition does not apply to a poll conducted by an academic institution as a part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. GLO Contract No.24-067-034-E222 Page 29 of 30 DocuSign Envelope ID:Al D567F4-7CAB-4702-AF( 2614E8821B 8.39 REPORTING COMPLIANCE Subrecipient represents and warrants that it will submit timely, complete, and accurate reports in accordance with the Contract and maintain appropriate backup documentation to support the reports. 8.40 REPORTING SUSPECTED FRAUD AND UNLAWFUL CONDUCT Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. Subrecipient represents and warrants its compliance with 2 C.F.R. § 200.113, which requires the disclosure in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative proceedings to the System for Award Management through https://www.sam.gov/. 8.41 STATEMENTS OR ENTRIES WARNING: ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C.§ 287, 18 U.S.C.§ 1001,AND 31 U.S.C.§ 3729. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Under penalties of 18 U.S.C. § 287, 18 U.S.C. § 1001, and 31 U.S.C. § 3729, the undersigned Subrecipient representative hereby declares that he/she has examined this Contract and Attachments, and, to the best of his/her knowledge and belief, any statements, entries, or claims made by Subrecipient are true, accurate, and complete. SIGNATURE PAGE FOLLOWS GLO Contract No.24-067-034-E222 Page 30 of 30 Exhibit " F" PROJECT MANUAL FOR STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT t , !nerg) --- City o f C in-" _A 4 __.) %c)ort rti ur Texas BID NUMBER P25-053 CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Construction of STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT To Serve The CITY OF PORT ARTHUR PORT ARTHUR,TEXAS TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. FEDERAL CLAUSES E. BID F. BID BOND G. GENERAL CONDITIONS H. TECHNICAL SPECIFICATIONS I. PAYMENT BOND J. PERFORMANCE BOND K. NOTICE OF AWARD L. NOTICE TO PROCEED M. INSURANCE N. NON-COLLUSION AFFIDAVIT O. AFFIDAVIT P. CONFLICT OF INTEREST Q. SB 252 CHAPTER 2252 CERTIFICATION R. HOUSE BILL 89 VERIFICATION S. ADDENDUMS Page 1 of 1 SECTION A CONSTRUCTION CONTRACT AGREEMENT CONTRACT FOR STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT THIS CONSTRUCTION AGREEMENT, made this day of , A.D. 2025, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and NORMAN HIGHWAY CONSTRUCTORS, INC., OF ORANGE, TEXAS, herein acting by and through President, hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT. 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 90 calendar days as specified in the Notice to Proceed and TxDOT specification items 1-9 specifically section 8.3.1.4, excluding, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents or by written permission of the Engineer. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $1,118,000.00 , or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Construction Contract Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) Federal Clauses (E) Bid (F) Bid Bond (G) General Conditions (H) Technical Specifications (I) Payment Bond (J) Performance Bond (K) Notice of Award (L) Notice to Proceed (M) Insurance (N) Non-Collusion Affidavit (0) Affidavit (P) Conflict of Interest (Q) SB 252 Chapter 2252 Certification (R) House Bill 89 Verification (S) Addendums A-1 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: City of Port Arthur BY: CONTRACTOR: NAME: Ron Burton TITLE: City Manager NORMAN HIGHWAY CONSTRUCTORS, INC. BY: NAME: Hayward Callicutt-Vice President ADDRESS: 3302 Womack Road Orange, Texas 77632 Signed on the day of , 2025. ATTEST: City Secretary NAME: A-2 i SECTION B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, May 21, 2025 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, May 21, 2025 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: 1. 9TH AVENUE PAVEMENT IMPROVEMENT PROJECT 2. STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MAY 8, 2025 AT 2:00 P.M.AT CITY HALL,444 4TH STREET,PORT ARTHUR,TEXAS 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. .0 : Gl.)4 ,cam-rim Cli .n Williams Purchasing Manager FIRST PUBLICATION: APRIL 30, 2025 SECOND PUBLICATION: MAY 7,2025 THURMAN BILL BARTIE,MAYOR ,' ; , RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of F . 4\ SHERRI BELLARD,TRMC COUNCIL MEMBERS: +j CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD O r t rthur ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MAY 3,2025 INVITATION TO BID STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, May 21, 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, May 21, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-053 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writinji to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsAportarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street 1 Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur,Texas and prospective bidders for Storm Sewer Brick Manhole Replacement Project is scheduled for May 8,2025 at 2:00 P.M., the 5th Floor Council Chambers located at 444 4th Street, Port Arthur, TX 77640. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood,to answer any questions,to clarify the intent of the Contract Documents,and to resolve any problems that may affect the project construction.No addendum will be issued at this meeting, but subsequent thereto,the Purchasing Manager, if necessary,will issue an addendum(s)to clarify the intent of the Contract Documents. 1 SECTION C INFORMATION TO BIDDERS INFORMATION TO BIDDERS NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation.The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: 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 RFP,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. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS:A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendum(s) that might have been issued before bid closing date and time. PRICES: The bidder should show in the proposal both the unit price and total amount, where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089, Port Arthur, Texas 77641 or ap@portarthurtx.gov. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur,in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,rules, orders, regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest,direct or indirect,in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,agreements or stipulations of this contract,the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. 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 $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned,non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided,minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 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. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. INDEMNIFICATION: The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits,judgments, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgment, cost or expense: Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting there from. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer,his agents or employees,provided such giving or failure to give is the primary cause of the injury or damage. DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the CITY. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and,if by him found correct,shall be approved and referred by him to the Council for final approval or disapproval;and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. MAINTENANCE OF WORK: After approval of final payment and prior to expiration of one (1)year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY and to the ENGINEER promptly(but in no case later than ten(10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten(10)calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. MUTUAL RESPONSIBILITY OF CONTRACTOR'S: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. SB 252 AND HB 89: Contract must the requirements of these bills. Contractor will have to sign agreement before NTP or PO are generated. BID SECURITY AND LIQUIDATED DAMAGES: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur(CITY), or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60) days after the date of the opening of the bids; that if a bid is accepted,the bidder will enter into a formal Contract with the CITY, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified,the Bidder shall be liable to the CITY for the difference between the amount specified in the bid in the amount for which the CITY may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the CITY and furnish Performance and Payment Bonds and required Insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the CITY,within said period,of reasons which the sole discretion of the CITY, justify an extension. If said Contract, bonds and insurance Documents are not received by the CITY within said period or if work has not been commenced within the time specified, the CITY may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the bidder shall be liable to the CITY for any excess cost to the CITY over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall be liable to the CITY for an additional amount of five percent (5%)of the bid amount as liquidated damages without limitation. The CITY, within ten (10) days of receipt of acceptable Performance and Payment bonds, insurance documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should the CITY not execute the Contract within such period, the Bidder may, by written Notice to CITY, withdraw his signed Agreement. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Timely completion of a project is extremely important to the CITY. Bidder must agree to commence work on or before a date to be specified in a written"Notice to Proceed" issued by the CITY and to fully complete the project within 90 calendar days. Failure of the CON TRACTOR to complete the Work within the time allowed will result in damages being sustained by the CITY. It is agreed and understood that it would be impractical and extremely difficult to ascertain the amount of actual damage the CITY might sustain by reason of breach of the agreement; therefore the amount stated is expressly agreed upon as liquidated damages and is not intended by the parties to be a penalty. As such, liquidated damages of$500.00 per day will be imposed for each calendar day the service delivery date is exceeded. By submittal of Bid on the project,and by execution of the Contract by the CONTRACTOR awarded the project shall constitute an agreement by the CITY and CONTRACTOR that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the CONTACTOR to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty,and may be deducted from payments due the Contractor if such delay occurs. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. SECTION D FEDERAL CLAUSES 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor 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. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by CITY. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 1. The Contractor 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. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the CITY assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further 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 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by CITY under the authority of 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, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by CITY. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS The following access to records requirements apply to this Contract: • Where the Purchaser is not a State but a local government and is the CITY Recipient or a subgrantee of the CITY Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the CITY Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the CITY Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable CITY regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and CITY, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, 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 Contractor 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 Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements CITY may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 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 Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements CITY may issue. 4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements CITY may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will 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. In addition, the Contractor agrees to comply with any implementing requirements CITY may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by CITY, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con- tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. SOLID WASTE DISPOSAL ACT RCRA section 6002(c)(1) requires procuring agencies to procure designated items composed of the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, considering such guidelines. Procuring agencies may decide not to procure such items if they are not reasonably available in a reasonable period of time; fail to meet reasonable performance standards; or are only available at an unreasonable price. 8. TERMINATION TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. 9. DEBARMENT&SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10.BUY AMERICA REOUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in CITY-funded projects are produced in the United States, unless a waiver has been granted by CITY or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 11. RESOLUTION OF_DISPUTES.BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 12.RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority. 13. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor 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 CITY and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. CLEAN WATER ACT (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor 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 CITY and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 15. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-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 United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the CITY recipient (through the contractor in the case of a subcontractor's bill- of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 16. FLYAMERICA REQUIREMENTS Fly America Requirements - 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 their 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. 17. pAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h),49 CFR 18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a), 29 CFR 5.5(a). `Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating."29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section;also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii) (B) or(C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding - City Utilities shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, City Utilities may, after written notice.to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations,29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (5) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 18. .CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT — OVERTIME COMPENSATION 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. 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 and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1) of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the 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 as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4)of this section. 19. BONDING $ID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified of said bid within said period, or the failure to enter time, and that in the event of the withdrawal into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REOUI$EMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 20.SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 21. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for CITY, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by CITY. 22. PRE-AWARD AND POST DELIVERY AUDITS REOUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. • Buy America certification is mandated under CITY regulation, "Pre- Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by CITY regulation, "Buy America Requirements--Surface Transportation Assistance Act of I 982,as amended," 49 C.F.R.66I.12,but has been modified to include CITY's Buy America requirements codified at 49 U.S.C.A 53230). Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. §5323(1)and CITY's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: 1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the fmal assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) 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. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH CITY REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK,OR ASSOCIATED EQUIPMENT 23. ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 24. RID 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. 25.RE CYCLED 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. 26. MINORITY CONTRACTIRS 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 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F .R. § 200.321 (b)(1 ). 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. § 200.321 (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). 27. SECTION 3 CLAUSE: 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i)preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section7(b) agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). SECTION E BID SCHEDULE CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID DUE DATE:MAY 21,2025 ITEM# DESCRIPTION TOTAL COST 1 STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT $ )JUnc 0 0 0 0 2 CONTINGENCY $ � 0,000 3 TOTAL $ 1 j 000 -- Work will be completed 90 calendar days after NTP. NornicIWcV (o +rtitko INC 3302 Wri mat,k Rd, COMPANY NAME l STREET ADDRESS 0r ni-e., TX 7763 2. . '! P. O. 5ox 21 LjO SIGNA 0 .ID R P.O.BOX Ho \)W&rd ( fIf 0r if) PRINT OR TYPE NAME 773i� CITY ✓ STATE ZIP /I.Le. Pr-ei)i• ( + (L1O ) L� QQ ���6TITLE ! UU AREA CODE TELEPHONE NO E" _aWet..r/J ,nh609M4ittOrn N/A FAX SECTION F BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, Norman Highway Constructors,Inc. as Principal, and Merchants Bonding Company(Mutual) as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of Five Percent of the Greatest Amount Bid(5%G.A.B.) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,successors and assigns. Signed, this 2nd dayof July y , 20 25 The Condition of the above obligation is such that whereas the Principal has submitted to City of Port Arthur a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the Storm Sewer Brick Manhole Replacement NOW,THEREFORE, (a) If said BID shall be rejected,or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said 8lD, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,exceed the penal amount of this obligation as here in stated. F-1 The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. Norman Highway Constructors,Inc. (LS.) PRINCIPAL BY: fi - AA.Ai Merchants Bonding Comoany(Mutual) SURETY BY: a ill C eryl R. olson,Atto ylri-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list(Circular 570 as amended) and be authorized to transact business in the state where the project is located. F-2 MERCHANT_S�`�+� BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the `Companies")do hereby make,constitute and appoint,individually, Avert M Stockton;Bryant Ahmed;Cheryl R Colson;Courtney Goulding;Elaine Lewis;Jessika Gulliver,Keenan Lehmann;Kevin McQuain;Kischa Rushing;Mafia E Mann;Rita Nicholson;Rosalyn D Hassell;Sam Caringi;Scott D Chapman;Tristin Rosen their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual)on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 28th day of March , 2024 ..• •.. .• Mr.'IP••. MERCHANTS BONDING COMPANY(MUTUAL) �.`'�Q�,.•Nql�•.�� •�Q�NC'.C�1Jl;A MERCHANTS NATIONAL BONDING,INC. :may G�EtPO/Q,��•2.• �O;�gPOQ9.9y d!b!a MERCHANTS NATIONAL INDEMNITY COMPANY j 2003 /o ;y:� 1933 "c: By STATE OF IOWA '• •�� �•s��... •. President • COUNTY OF DALLAS ss. On this 28th day of March 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. RIA4 s�, Penni Miller o Y Commission Number 787952 , z att3 r- • r�•�w • My Commission Expires tOWA January 20,2027 Not b! (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of.,tlle.pQWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand at a:fixad:the—idai-Qf-the-Companies on this 2nd day of July ,2025 . .•` A v0 4641- :0 2003 : =d� 1933 ="c: Secretary yJ.. -' +may, POA 0018 (1/24) ''',•• •••••'' •,. • MERCHANTS BONDING COMPANY, MERCHANTS BONDING COMPANY(MUTUAL) , P.O. BOX 14498 • DES MOINES. IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium,call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance,you should also file a complaint or appeal through your insurance company or HMO.If you don't,you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company(Mutual) Call:Compliance Officer at(800)671-8171 Toll-free:(800) 671-8171 Email:regulatory@merchantsbonding.com Mail:P.O. Box 14498, Des Moines, Iowa 50306-3498 To get insurance information,you may also contact your agent USI Insurance Services Call: (832)702-8350 Mail: 480 Wildwood Forest Drive, Ste. 760,Spring, Texas 77380 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question:1-800-252-3439 File a complaint www.tdi.texas.gov Email:ConsumerProtection@tdi.texas.gov Mail: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin,TX 78711-2030 1Tiene una queja o necesita ayuda? Si tiene un problema con una reclamacion o con su prima de seguro, (lame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles)pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO.Si no to hace, podria perder su derecho para apelar_ Para obtener informacion o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company(Mutual) Llame a:Compliance Officer at(800)671-8171 Telefono gratuito:(800)678-8171 Correo electr6nico:regulatory@merchantsbonding.com Direccion postal:P.O.Box 14498,Des Moines,Iowa,50306-3498 El Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al:1-800-252-3439 Presente una queja en:www.tdi.texas.gov Correo electronico:ConsumerProtection@tdi.texas.gov Direccion postal:Consumer Protection, MC:CO-CP,Texas Department of Insurance, PO Box 12030,Austin,TX 78711-2030 sup 0032 TX(7/23) SECTION G GENERAL CONDITIONS GENERAL CONDITIONS CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and Paragraph 1 of the Supplemental General Conditions, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The Table of Contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit, or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with,the CONTRACTOR. c. "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the CITY OF PORT ARTHUR. e. "CITY": Refers to the CITY OF PORT ARTHUR. f. "ENGINEER": CITY OF PORT ARTHUR 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR, shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the for damages sustained by the CITY OF PORT ARTHUR by virtue G-1 of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of, or have any contractual relationship with,the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR, or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative and will be retained for three (3) years after the expiration of this Contract, unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential, and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. G-2 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the Federal, State and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY No member of the governing body of the CITY OF PORT ARTHUR, and no other Officer, Employee or Agent of the CITY OF PORT ARTHUR, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. 14. CERTIFICATES AND PERMITS G-3 Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR, CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 15. GUARANTEE OF WORK a. Neither the final certificate of payment, nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified, and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this Paragraph shall be cumulative of, and not in limitation of, the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 16. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule; and, (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; G-4 each such schedule to be subject to change from time to time in accordance with the progress of the work. 17. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two (2) copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two (2) corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in, or approval given to, such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 18. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 19. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 20. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re- G-5 testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 21. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 22. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its Officers, Agents, Servants and Employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and/or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. G-6 any g design, device or materials covered c. If the CONTRACTOR usesby letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 23. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the CONTRACTOR all surveys necessary for the execution of the work. 24. CONTRACTORS OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 25. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved. (See information to Bidders, Paragraph 5.) 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS,AND ACCIDENT PREVENTION (a) Danger Signals and Safety Devices (Modify as Required): G-7 The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. (b) Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, State and Federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his Employees under the Contract, the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. G-8 29. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carriers) permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one (1) building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 30. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 31. QUANTITIES OF ESTIMATE G-9 Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 32. LANDS AND RIGHTS-OF-WAY Prior to the start of construction, the OWNER shall obtain all lands and rights-of- way necessary for the carrying out and completion of work to be performed under this CONTRACT. 33. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address, or delivered in person to the said CONTRACTOR or his authorized representative on the work. 34. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTORS. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 35. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the OWNER may require. G-10 c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors, and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. 36. ARCHITECT/ENGINEER'S AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract, and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 37. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 38. CONTRACT SECURITY If the Contract amount exceeds Fifty Thousand Dollars C$50,000.00], a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars C$100,000.00], a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent (100%) of the Contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. G-11 39. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 40. ASSIGNMENTS The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 41. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR or Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 42. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 43. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay (a) for all transportation and utility services no later than the thirty (30) calendar days from the date of submission to the City of Port Arthur, (b) for all materials, tools and other expendable equipment to the extent of ninety percent (90%) cost thereof, no later than the 20th day of the G-12 calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used; and (c) to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors' interest therein. 44. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER: (a) a detailed estimate giving a complete breakdown of the Contract price; and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 45. PAYMENTS TO CONTRACTOR a. Not later than the thirty (30) calendar days from the date of submission to the CITY OF PORT ARTHUR, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain Ten percent (10%) [five percent (5°%) if the total contract price exceeds $25,000] of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted in the paragraph is subject to fluctuation due to the City Councils regular schedule of meeting on the second and forth Mondays of each month. The CONTRACTOR may alter his estimate period such as to give the Engineer ten (90) working days prior to the next scheduled City Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. G-13 c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 46. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 47. SUBSURFACE CONDITIONS FOUND DIFFERENT G-14 Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 49 of the General Conditions. 48. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of Subparagraph 49(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 49. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under (c.) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 50. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained G-15 where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 51. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: G-16 a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely; acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and providing that he has complied with the condition under 51(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in Subsections (a.) and (b.) of this Article. It is also agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4 calendar days added for each one (1) regular day of work lost). Fractional calendar days will be rounded to the nearest whole number of days. Provided, further, that the CONTRACTOR shall, within ten (10) days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in Paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 52. WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. 53. PROTECTION OF WORK AND PROPERTY- EMERGENCY G-17 The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in Paragraph 49 of the General Conditions. 54. INSPECTION The authorized representatives and agents of the OWNER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 55. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 56. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds G-18 or programs for any type of fringe benefit prescribed in the applicable wage determination. 57. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 58. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination, and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the OWNER. 59. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. 60. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions, with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter. G-19 63. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. The CONTRACTOR and each Subcontractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the OWNER. Such representative shall be permitted to interview employees of the CONTRACTOR of any Subcontractors during working hours on the job. 64. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of material and supplies to or from the site of the project or program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons employed by the CONTRACTOR or by an Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which the wage provisions of this Contract are applicable. 65. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. 66. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these wage provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontractors which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 67. BREACH OF FOREGOING WAGE STANDARDS AND RATES PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontractor covers any of the G-20 work covered by this Contract, shall breach any of these wage standards and rates provisions. 68. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract,the CONTRACTOR agrees as follows: (a) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicant for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, color or national origin. (c) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the labor union or workers representative of the CONTRACTOR'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules and regulations and relevant orders of the Secretary of Labor. (e) The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government Contracts or federally-assisted construction Contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. G-21 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as otherwise provided by law. (g) The CONTRACTOR will include the provisions or Paragraphs (a) through (g) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or purchase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for non-compliance: provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the CONTRACTOR may request the United States to enter into litigation to protect the interests of the United States. 69. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the City. 70. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, special Bonds (if any), Proposal, Special Conditions (including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 71. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits, judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgement, cost or expense: (a) Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, (b) Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by anyone of them for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. G-22 PP The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 72. A.I.A. GENERAL CONDITIONS The General Conditions of the Contract for Construction, A.I.A. Document A201, 1987 Edition, as amended by current edition, of the American Institute of Architects, consisting of fourteen (14) Articles, Pages numbered 1 through 19, is hereby made a part of the Contract Documents of this project. Such A.I.A. General Conditions are cumulative to these General Conditions, but where any provision of said A.I.A. General Conditions are inconsistent or in conflict with these General Conditions, then these General Conditions shall prevail. All references to arbitration in said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Further, Subdivisions 2.2.3 and 2.2.4 of said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Article 1.3 (Ownership and Use of Documents) of the A.I.A. General Conditions is hereby deleted. 73. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any,which is to be furnished by the CITY OF PORT ARTHUR, When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR, to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the CITY OF PORT ARTHUR; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 74. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by G-23 law or by any applicable special guarantee required by the Contract Documents, and work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under Paragraph 15 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in Paragraph 15 as will arise under the laws of the State of Texas and such Paragraph 15 and without regard to the provisions of this Paragraph (Maintenance of Work), nor shall this Paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 15. 75. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arises under the antitrust laws of the United States, 15 U.S.C.A. Sec.1, et seq. (1973). G-24 SECTION H TECHNICAL SPECIFICATIONS City of 1 TECHNICAL SPECIFICATIONS FOR STORM SEWER BRICK MANHOLES RFPLACFMENT PRO:ECf CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS nommonunmer- TECHNICAL SPECIFICATION Item 104—Removal of Old Structures 104-1 thru 104-2 Item 110—Excavation Bedding and Utilities ..110-1 Item 402—Trench Excavation Protection Safety Systems .402-1 thru 402-3 Item 420—Structural Concrete..................... .................... ....... - -420 1 thru 42 1 Item 429—Manholes, Conflict Manholes .429-1 thru 429-4 Item 440—Reinforcement for Concrete ............... ..440-1 thru 440-5 TECHNICAL SPECIFICATIONS ITEM 104- REMOVING OLD STRUCTURE -ABANDONMENT 104.01 - DESCRIPTION This item shall provide for the removal of and disposal of old structures, as noted on the plans, and shall include all excavation and backfilling necessary to complete the removal. 104.02- METHOD OF REMOVAL A. Culverts or Sewers. Pipe shall be removed by careful excavation of all dirt on top and the sides in such manner that the pipe will not be damaged. Those pipes which are deemed unsatisfactory for re-use by the Engineer may be removed in any manner the Contractor may select. Pipes which are to be abandoned in place shall be sealed at both ends with concrete unless otherwise approved by the Engineer. B. Concrete or Brick Structures. Concrete or brick structures (or portions of structures) shall be removed. C. Steel Structures. Steel structures (or steel portions of structures) shall be dismantled in sections as determined by the Engineer. The sections shall be of such weight and dimensions as will permit convenient handling, hauling, and storing. All necessary severing of connections between members, or between members and supports, shall be done in a manner which will not injure the members for reuse. Flame-cutting of members will be permitted only with the written permission of the Engineer. D. Timber Structures. Timber structures or timber portions of structures shall be removed in such manner as to avoid damage to the timber. All bolts and nails shall be removed from lumber deemed salvageable by the Engineer. Unless otherwise specified on the plans, timber piles shall be either pulled or cut off at a point not less than two (2) feet below ground line, with the choice between these two methods resting with the Contractor. 104.03-UNDERGROUND PORTIONS OF STRUCTURES Portions of structures below the permanent ground line, which will not interfere in any manner with the proposed construction, may be left in place. These structures shall be removed at least two feet (2') below the permanent ground line and neatly squared off. Reinforcement shall be cutoff close to the concrete. When a structure is to be constructed on the site of a structure to be removed, removal shall extend at least two feet below and outside the proposed structure. If the old structure is located under a proposed road excavation, removal shall extend at least two feet below the proposed undercut. The excavation shall be backfilled according to the requirements of the new structure or roadway. 104.04- BACKFILL All excavation made in connection with this item and all openings below the natural ground line caused by the removal of old structures or portions thereof shall be 104-1 Il ITEM 104- REMOVING OLD STRUCTURE -ABANDONMENT backfilled to the level of the permanent ground line, unless otherwise provided on the plans. The final grade elevations of all structures shall be checked before backfill. Each section shall be checked at corners as it is installed to avoid any disassembly and reassembly of the structure. Identify any final grade elevations that is incorrect and the reasons for the identified problem and shall be corrected before backfill. That portion of the backfill which will support any portion of the roadbed or embankment shall beplaced in layers of the same depth as those required by embankment. Backfill of structures shall be soon after installation. Backfill material in each layer shall be uniformly if required and shall be compacted to the density required in the adjoining embankment. In places inaccessible to blading and rolling equipment, mechanical or hand tamps or rammers shall be used to obtain the required compaction. Caution shall be exercised and consideration taken to avoid damage to structures when using mechanical compaction equipment. Backfill which will support any portion of a structure or an underground pipe shall be placed in layers and compacted to the same density as the surrounding undisturbed soil. Special backfill material may be required by the specifications for the structure. That portion of the backfill which will not support any portion of the roadbed or embankment shall be placed as directed by the Engineer in such manner and to such state of compaction as will preclude objectionable amounts of settlement. 104.05-SALVAGE Any materials which are designated in the plans for salvage by the Owner, and which the Engineer deems as salvage for reuse, shall be carefully placed in neat piles. These piles shall be located on or near the construction site at convenient loading points which will not interfere with traffic or construction. All such materials shall be handled, transported, and stacked so as to avoid damage. All materials not designated or acceptable for salvage shall become the property of the Contractor. The Contractor shall remove these materials from the construction site as soon as practical. 104.06-PAYMENT No separate payment will be made for this item. 104-2 ITEM 110- EXCAVATION & BEDDING AND EXISTING UTILITIES 110.01 -DESCRIPTION In general, excavation shall be of sufficient width,length,and depth to allow for safe installation of the foundation if required,for assembling of the structure,sealing and wrapping of joints,and compaction of backfill material. Contactor shall ensure correct tolerance as per the thickness of the beddings, structure slabs, wall heights, grade rings, access covers, and any tolerances recommended by the manufacture and/or specifications. When standing water is present, additional excavation may require the use of pumps to help prevent standing water from the bottom of excavation during structure foundation installation. Any material that is deemed unsuitable shall be removed and replaced with suitable material and may be stabilized material. Soil,sift, mud,or unwanted foreign material accumulated from the standing water, or excavation within the joints shall be cleaned and removed satisfactory before sealing of joints. Care should be taken not to damage any two jointing surfaces. When necessary a leveling course of material may be required such as sand, stabilized sand, pea gravel,crush stone with particles not to exceed size of1/2 inch,or other material approved by the Engineer. The Contractor shall upon setting of proper grade and position of the drain pipes as close to flush with the inner surface of the structure walls as possible, will fill the voids or gaps completely between structure wall and drain pipes with non-shrink or expansive,quick setting grout. When filling voids,bricks,masonry blocks,stones or similar material shall not be allowed in conjunction with non-shrink or expansive,quick setting grout. Type"C"Concrete collars shall be formed,not less than 6-inches deep and wide, shall be reinforced and placed to encase connecting drain pipes and outer walls of structures. Proper curing time will be exercised to allow for proper curing time before backfilling. Manufacture should be consulted when filling voids 1-foot or larger in width,depth,and/or height. The Contractor shall before any excavation,be responsible for locating and protecting all utility lines during the construction and for support and maintenance in position of all ducts and conduits, except for those specifically shown to be relocated or removed by others. Contractor shall be responsible for any damage to existing utilities and shall promptly repair same, or make arrangements for such repair with the Owner of the utility involved. 110.02 -CONSTRUCTION METHOD In all cases the Contractor shall co-ordinate his work with the Owners of the various utilities and shall notify their proper representative not less than forty-eight (48) hours in advance of any work which might damage, interfere with or require adjustments to utilities along or adjacent to the work. All utility adjustment other than those shown on the plans to be done by the Contractor, shall be the responsibility of the Owners of the utilities and if in the opinion of the Engineer adjustment is required, the Contractor will be responsible for notifying the respective owner. 110.03 -PAYMENT Payment for this item will be subsidiary to other items. 110-1 ITEM 402 -TRENCH EXCSVATION PROTECTION & SAFETY SYSTEMS 402.01 -GENERAL A. Description: The Contractor shall comply with the requirements of OSHA Excavation Standard 29 CFR, Part 1926, Subpart P, specifically section 1926.651. Maintenance and inspection of any shoring and related equipment shall be the responsibility of the Contractor. Contractor shall provide a "competent person" who iscapable of identifying hazards and who has authorization to take prompt corrective measures to eliminate them. The Contractor shall determine, as outlined by the OSHA Excavation Standard, the safety system needed for the project and submit to the Owner's Engineer information to describe the procedures which are planned to be used. Review of submitted information on trench safetysystem by the Owner and/or Engineer shall not relieve the Contractor of his responsibility toprovide a safe working place for his employees. The Contractor agrees to hold harmless and defend the Owner and/or Engineer against any claim resulting from failure of the trench system or lack of one. B. Submittal Requirements 1. Provide the name and qualifications (certifications) of the person to be considered the Contractor's "competent person" as defined by the OSHA Excavation Standard. 2. Identify whether trench safety will be provided utilizing sloping or benching systems, bysupport, shield and other protective systems or both. Identify, for each system used, which of the four options in the OSHA Excavation Standard is being used for design. 3. For the selected system, provide descriptive information such as geometry of slopes or benched excavation, manufacturer's data or plan sealed by registered engineer. For the selected system, provide descriptive information such as geometry of slopes or benches excavation, manufacturer's data or plan sealed by registered engineer. 402.02-CONSTRUCTION, MATERIALS,AND MAINTENANCE A. The Contractor is responsible for the selection of materials required support and shoring systems. Before beginning any excavation, the Contractor shall make an inspection of the job site. He shall pay special attention to the type of soil or soils in which he will be working, any adjacent roads, highways, and railroads, and any previous excavations.All underground installations shall be located, including utility lines, pipelines, etc., before any excavation begins. B. Each Contractor shall be responsible and liable for his own Trench Safety System, including self inspections, whether or not a representative of the Owner or Engineer is present on the job site. All trenches shall be provided with an adequate means of exit at all times. C. All maintenance of the trench safety equipment shall be the sole responsibility of the Contractor. The Contractor shall make an inspection of all trench excavations. He shall check for any evidence of cave-ins, slides, etc. If any change 402-1 A ITEM 402 -TRENCH EXCSVATION PROTECTION & SAFETY SYSTEMS in soil conditions or failure of the trench is found, the Contractor shall remedy such. All water shall be diverted by suitable means toprevent the entrance of same into any excavation. No water shall be allowed to accumulate in any excavation and shall be removed as soon as possible 402.03- IMPLEMENTATION Prior to beginning any construction, the Contractor shall submit, in writing, the information as required by 2010.01.2. Any delays due to failure to submit the information will not be considered for extension to the contract time. 402.04- INDEMNIFICATION A. The Contractor shall indemnify and hold harmless the Owner, and the Owner's employees, agents and Engineer, from any and all damages, cost (including without limitation, legal fees, court costs, and investigation costs), judgments, or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. These specifications for the trench safety system in no way relieve the Contractor of his responsibilities and liability to ensure the safety of the workers or any other party from the hazards of the construction operations. B. The Contractor is responsible for determining the appropriate trench safety systems necessary for specific locations based on actual subsurface conditions encountered during construction. The Owner and Owner's Engineer shall be held harmless from any claim or liability for injury or loss that results from failure on the part of the Contractor to implement the Trench Safety System plan properly or to make necessary changes to the trench safety systems necessitated by conditions encountered during construction. 402.05-MEASUREMENT AND PAYMENT The specified trench safety system will be measured by the linear foot along the centerline of the pipe, including manholes/inlets, in accordance with the specifications. Payment for the trench safety system, measured as prescribed above, will be made at the unit price bid per linear foot based ondepth, less than 5 foot or greater than 5 foot. Payment will not be made for linear footage of pipeinstalled by boring methods; however, the excavated pits required for installation by boring will beincluded in the measurement for trench safety. Payment shall be full compensation, in accordance with the pay item set in the bid for the trench safety system, including but not limited to all benching,sloping, hauling, shoring, sheeting,excessexcavations, dewatering, sheet piling, bracing, trench shields, and all other incidentals necessary to provide the trench safety system as provided in the Contractor's submitted information. 402-2 ITEM 420-STRUCTURAL CONCRETE 420.01 -DESCRIPTION This item governs materials, proportioning and mixing, testing, placing, finishing, curing and reinforced cast-in-place concrete, and reinforced precast concrete. The concrete shall be composed of portland cement or other hydraulic cement, fine and coarse aggregate, and water, with or without admixtures, conforming to the design and test requirements of this specification. This item excludes lightweight aggregate concrete. 420.02-QUALITY ASSURANCE A. Materials and work shall conform to the requirements of all standards, codes and recommended practices required in this section. In conflicts between standards, required standards and this specification, or this specification and the local building code, the more stringent requirement shall govern. B. Contractor shall provide at least one person, when requested by the Engineer, who shall bepresent at all times during execution of this portion of the work and who shall be thoroughlytrained and experienced in placing the type of concrete specified and who shall direct all work performed under this section. 420.03-MATERIALS Ready mix concrete conforming to ASTM C-94 or site-mixed concrete (dry weight 145- 150 pounds per cubic foot.) A. All cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized bythe Engineer. Only one brand shall be used for exposed concrete. 1. Portland Cement shall conform to ASTM C-150. 2. Blended Hydraulic Cement shall conform to ASTM C-595, excluding Type S and TypeSA. 3. Expansive Hydraulic Cement, Type E-1 shall conform to ASTM C-845-76T. B. Water used in mixing concrete shall be clean and free from injurious amounts of oils, acids,alkalis, salts, organic materials, or other substances that may be deleterious to concrete or reinforcement. C. Aggregate shall conform to ASTM C-33. Nominal maximum size of coarse aggregate shall not be larger than: 1) 1/5 the narrowest dimension between sides of forms, nor 2) 1/3 the depth of slabs, nor 3) 3/4 the minimum clear spacing between individual or bundles or reinforcing bars. D. Fibermesh Reinforcement. Shall be 100 percent virgin polypropylene, fibrillated fibers containing no reprocessed olefin materials and specifically manufactured for use as concrete secondary reinforcement. Volume per cubic yard shall equal a minimum of 0.1% (1.5 pounds). 420-1 ITEM 420- STRUCTURAL CONCRETE CLASSIFICATION TABLE Min. Comp. Max.Water Content Min. Strength(psi) (1,6) Cement Per Class - Type C.Y. (1,2) Slump Total Air Range Content(%) lbs. of Gallons (in)* 7-day 28-day Water/ of Water Lbs. Bags lb. /Bag Cement Cement A-Structural 2,000 3,000 0.55 6.25 494 5.25 2-1/2 to 4- 2-1/2 to 4- 1/2 1/2 Asp -Structural (1) 2,000 3,000 0.50 5.65 423 4.50 7 to 10(1) 3 to 5 B-Slope Protection 1,200 2,000 0.75 8.50 400 4.25 2-1/2 to 4 2-1/2 C- Pipe Blocking --- 1,500 0.97 11.00 282 3.00 3 to 5 3 to 6 D-Seal Slab --- --- --- --- 376 4.00 6 to 8 as needed E- Monolithic Sewer 2,000 3,000 0.55 6.25 564 6.00 4 to 6 3 to 5 F- Prestressed(1) --- 5,000 0.51 5.75 635 6.75 2 to 3 as needed G - Prestressed (5) --- 6,000 0.49 5.50 658 7.00 2 to 3 as needed K-Structural(1) 2,800 4,000 0.45 5.65 564 6.00 3-1/2 to 5 2-1/2 to 4- 1/2 Ksp -Structural (3) 2,800 4,000 0.45 5.00 517 5.50 7 to 10(4) 3 to 5 P- Paving 3,500 4,400 0.45 5.00 564 6.00 3 to 5 2-1/2 to 4- 1/2 650 (7) * All Slump Ranges + 1/2 inch Tolerance. (1) Include in maximum water,free water in aggregate minus absorption of aggregate based on a 30- minute absorptionperiod. (2) For concrete placed under water,minimum cement per cubic yard shall be 611 pounds(6.5 bags). (3) ASP and KSP to contain approved High Range Water Reducing(HRWR)Admixture. (4) Maximum 2-inch slump before additional HRWR Admixture. (5) For pre-stressed concrete,water reducing admixture may be used as needed. (6) Use approved water-reducing and retarding admixtures. (7) Minimum flexural strength at 28 days. 420-2 ITEM 420- STRUCTURAL CONCRETE E. Admixtures (requiring prior approval of the Engineer) to be used in concrete shall be produced and serviced by established, reputable manufacturers and used in compliance with manufacturer's recommendations. 1. Air-entraining Admixture,shall conform to ASTM C-260, and when requested, certification attesting to compliance shall be furnished by the manufacturer. 2. Water-reducing, Set Controlling Admixture shall conform to ASTM C-494 and when requested, a qualified concrete technician employed by the manufacturer shall be available to advise and assist in the use, proportioning and adjustment of concrete mix. 3. Fly-ash or Other Pozzolans used as admixtures shall conform to ASTM C-618. 420.04-CONCRETE PROPORTIONING The Contractor shall be responsible for the design of concrete mixtures. Concrete shall be proportioned and produced to provide an average compressive strength as provided for herein. (fc= specified compressive strength of concrete). A. Proportioning of concrete for the required fc shall be based on 28-day compressive test shall be based on laboratory trail batches performed by an independent testing laboratory meeting the requirements of ASTM E-329 and approved by the Engineer, and/or on the basis of fieldexperience, both as set forth in ACI 318-Latest Edition and this specification. The averagecompressive strength used as a basis for selecting the proportions shall exceed the specified F'c as required by ACI 31B. B. Proportions of materials for concrete shall conform to minimum cement content and maximum water content for various classes as shown on Classification Table. C. Where different materials are to be used for different portions of the work, each combinationshall be evaluated separately. D. Concrete proportions, including water-cement ratio, shall be established on the basis of field experience, or laboratory trial batches, with materials to be employed, as required herein. E. 1.5 lbs of fiber mesh per cubic yard of concrete, where noted for use on plans, shall be added to the mixer before placement. Fibermesh is required in all sidewalks. F. Average Strength Reduction After sufficient test data become available from the job, methods of "Recommended Practice for Evaluation of Compression Test Results of Concrete (ACI 214-65)" may be used to reduce the amount by which the average strength must exceed fc. 1. Probable frequency of strength tests more than 500 psi below f'c will not exceed 1 in 100; 2. Probable frequency of an average of three consecutive strength tests below fcwill notexceed 1 in 100, and; 420-3 ITEM 420- STRUCTURAL CONCRETE 3. Concrete Classification Requirements Table are met. G. Evaluation and Acceptance of Concrete H. Frequency of Testing. Samples for strength tests of each class of concrete placed each dayshall be taken not less than once a day, nor less than once for each 150 cubic yard of concrete, nor less than once for each 5000 sq. ft. of surface area for slabs or walls. On a given project, if total volume of concrete is such that frequency of testing required would provide less than five strength tests for a given class of concrete, tests shall be made from atleast five randomly selected batches or from each batch if fewer than five batches are used. When total quantity of a given class of concrete is less than 50 cubic yards, strength tests may be waived by the Engineer if in his judgment adequate evidence of satisfactory strength is provided. Average strength of two cylinders from the same sample, tested at 28 days or the specified earlier age, is required for each strength test. I. Tests of Cured Specimens. Samples for strength tests shall be taken in accordance with "Method of Sampling Fresh Concrete" (ASTM C-172). Cylinders for strength tests shall be molded and laboratory-cured in accordance with "Method of Making and Curing Concrete Test Specimens in the Field" (ASTM C-31) and tested in accordance with "Method of Test for Compressive Strength of Cylindrical Concrete Specimens" (ASTM C-39). Strength level of an individual class of concrete shall be considered satisfactory if both of thefollowing requirements are met: 1. The average of all sets of three consecutive strength tests equal or exceed required fc. 2. No individual strength test (average of two cylinders) falls below required fc by more than 500 psi. J. Investigation of Low-Strength Test Results. If any strength test of cured cylinders falls below required fc by more than 500 psi or if test indicate deficiencies in protection and curing, steps shall be taken to assure that load- carrying capacity of the structure is not jeopardized. If the likelihood of low-strength concrete is confirmed and computations indicate that load-carrying capacity may have been significantly reduced,tests of cores drilled from the area inquestion may be required in accordance with "Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete" (ASTM C-42). In such case, three cores shall be taken for each strength test more than 500 psi below required fc. If concrete in the structure will be dry under service conditions, cores shall be air dried (temperature 60•to 80• F, relative humidity less than sixty (60%) percent)for seven (7)daysbefore test and shall be tested dry. If concrete in the structure will be more than superficially wet under service conditions,coresshall be immersed in water for at least 48 hours and be tested wet. 420-4 ITEM 420- STRUCTURAL CONCRETE Concrete in an area represented by core tests shall be considered structurally adequate if the average of three cores is equal to at least eighty-five (85%) percent of fc and if no single coreis less than seventy-five (75%) percent of fc. To check testing accuracy, locations represented by erratic core strengths may be retested. If criteria above are not met, and if structural adequacy remains in doubt, the Engineer mayorder load tests for the questionable portion of the structure, or take other action appropriateto the circumstances. 420.05-MIXING AND PLACING CONCRETE A. Preparation Preparation before concrete placement shall include the following: 1. All equipment for mixing and transporting concrete shall be clean. 2. All debris and ice shall be removed from spaces to be occupied by concrete. 3. Forms shall be properly coated. 4. Masonry filler units that will be in contact with concrete shall be well drenched. 5. Reinforcement shall be thoroughly clean of ice or other deleterious coatings. 6. Water shall be removed from place of deposit before concrete in placed unless a tremie is to be used or unless otherwise permitted by the Engineer. 7. All laitance and other unsound material shall be removed before additional concrete isplaced against hardened concrete. B. Mixing All concrete shall be mixed until there is a uniform distribution of materials and shall bedischarged completely before mixer is recharged. Ready-mixed concrete shall be mixed and delivered in accordance with requirements set forth in "Specification for Ready-Mixed Concrete" (ASTM C- 94). Job-mixed concrete shall be mixed in accordance with the following: 1. Mixing shall be done in a batch mixer of approved type. 2. Mixer shall be rotated at a speed recommended by the manufacturer. 3. Mixing shall be continued for at least 1-1/2 minutes after all materials are in the drum, unless a shorter time is shown to be satisfactory by the mixing uniformity tests of "Specification for Ready-Mixed Concrete" (ASTM C- 94). C. Conveying Concrete shall be conveyed from mixer to place of final deposit by methods that will preventseparation or loss of materials. Conveying equipment shall be capable of providing a supply of concrete at site 420-5 ITEM 420-STRUCTURAL CONCRETE of placementwithout separation of ingredients and without interruptions sufficient to permit loss of plasticity between successive increments. D. Depositing Concrete shall be deposited as nearly as practicable in its final position to avoid segregationdue to rehandling or flowing. Concreting shall be carried on at such a rate that concrete is at all times plastic and flowsreadily into spaces between reinforcement. Concrete that has partially hardened or been contaminated by foreign materials shall not bedeposited in the structure. Retempered concrete or concrete that has been remixed after initial set shall not be usedunless approved by the Engineer. After concreting is started, it shall be carried on as a continuous operation until placing of a panel or section, as defined by its boundaries or predetermined joints, is completed except as permitted or prohibited by Item 200.07.4. Top surfaced of vertically formed lifts shall be generally level. When construction joints are required, joints shall be made in accordance with Item 200.07.4. All concrete shall be thoroughly consolidated by suitable means during placement and shall be thoroughly worked around reinforcement and embedded fixtures and into corners of forms. 420.06 CURING A. Concrete (other than high-early-strength) shall be maintained above 50° F and in a moist condition for at least the first seven (7) days after placement, except when cured in accordance with 200.06.3. B. High-early strength concrete shall be maintained above 50° F and in a moist condition for atleast the first three (3) days, except when cured in accordance with 200.06.3. C. Accelerated Curing 1. Curing by high pressure steam, steam at atmospheric pressure, heat and moisture, or other accepted process, may be employed to accelerate strength gain and reduce time of curing, with prior approval of the Engineer. 2. Accelerated curing shall provide a compressive strength of the concrete at the load stageconsidered at least equal to required design strength at that load stage. 3. Curing process shall be such as to produce concrete with a curability at least equivalent to the curing method of 200.06.1 or 200.06.2. 4. Supplementary strength tests may be required to assure that curing is satisfactory. TheEngineer may require strength tests of cylinders cured under field conditions to check adequacy of curing and protection of concrete in the structure. D. Cold Weather Requirements 1. Adequate equipment shall be provided for heating concrete materials 420-6 ITEM 420- STRUCTURAL CONCRETE and protectingconcrete during freezing or near-freezing weather. 2. All concrete materials and all reinforcement, forms, fillers, and ground with which concrete is to come in contact shall be free from frost. 3. Frozen materials or materials containing ice shall not be used. E. Hot Weather Requirements During hot weather, proper attention shall be given to ingredients, production methods, handling, placing, protection, and curing to prevent excessive concrete temperatures or water evaporation that may impair required strength or serviceability of the member or structure. 420.07-FORMWORK AND CONSTRUCTION JOINTS A. Design - Contractor shall be solely responsible for the form design for the anticipated work. 1. Forms shall result in a final structure that conforms to shapes, lines, and dimensions of the members as required by the design drawings and specifications. 2. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. 3. Forms shall be properly braced or tied together to maintain position and shape. 4. Forms and their supports shall be designed so as not to damage previously placedstructure. 5. Design of formwork shall include consideration of the following factors: a) Rate and method of placing concrete; b) Construction loads, including vertical, horizontal, and impact loads; c) Special form requirements for construction of shells, folded plates, domes,architectural concrete, or similar types of elements. 6. Forms for prestressed concrete members shall be designed and constructed to permitmovement of the member without damage during application of prestressing force. B. Removal of Forms 1. No construction loads shall be supported on, nor any shoring removed from any part of the structure under construction except when that portion of the structure (in combination with remaining forming and shoring system) has sufficient strength to support safely its weight and loads placed thereon. Sufficient strength may be demonstrated by field-cured test cylinders and by a structuralanalysis considering proposed loads in relation to field- cured cylinder strengths and strength of the forming and shoring system. Such analysis and strength test data shall be furnished by the Contractor to the Engineer when so required. 2. No construction loads exceeding combination of superimposed dead load plus specifiedlive load shall be supported on any unshored portion of the structure under construction,unless analysis indicates adequate strength to support such additional loads. 420-7 ITEM 420- STRUCTURAL CONCRETE 3. Forms shall be removed in such manner as not to impair safety and serviceability of thestructure. All concrete to be exposed by form removal shall have sufficient strength not to be damaged thereby. 4. Form supports for prestressed concrete members may be removed when sufficient prestressing has been applied to enable prestressed members to carry their dead load and anticipated construction loads. 5. Forms will remain in place a minimum of 72 hours for all conditions except in the following case: Concrete subject to high bending stress and wholly (or almost wholly) reliant on forms for vertical support. Examples: Roof or floor slabs and beams; undersides of sloping surfaces (flatter than 1:1); walkways and platforms; bridge decks and girders. Forms will remain in place a minimum of 4-1/2 days in those areas where no immediatesuperimposed loading will occur and a minimum of 10 days at all other areas. 6. The early removal of forms (except as noted above)to facilitate the normal progress of work will be permitted only be approval of the Engineer, and in no case less than 24 hours. C. Conduits and Pipes Embedded in Concrete 1. Conduits, pipes and sleeves of any material not harmful to concrete may be embedded in concrete with approval of the Engineer, provided they are not considered to replace structurally the displaced concrete. 2. Except when plans for conduits and pipes are approved by the Structural Engineer, conduits and pipes embedded within a slab, wall, or beam (other than those merely passing through) shall satisfy the following: a) They shall not be larger in outside dimension than 1/3 the overall thickness of lab, wall, or beam in which they are embedded. b) They shall not be spaced closer than 3 diameters or widths on center. c) They shall not impair significantly the strength of the construction. d) Concrete cover for pipes and fittings shall not be less than one and one- half(1-1/2")inches for concrete exposed to earth or weather, nor three- fourths (3/4") inches for concrete not exposed to weather or in contact with ground. D. Construction Joints 1. Where a construction joint is to be made, the surface of concrete shall be thoroughly cleaned and all laitance and standing water removed. 2. Vertical construction joints shall be thoroughly wetted and coated with neat cement groutimmediately before new concrete placement. 3. Construction joints not indicated on the design drawings shall be so made and located as not to impair significantly the strength of the structure. 4. Construction joints in floors shall be located near the middle of spans of slabs, beams, orgirders, unless a beam intersects a girder at the middle location, in which case joints in the girders shall be offset a distance equal 420-8 ITEM 420- STRUCTURAL CONCRETE to twice the width of the beam. 5. Provision shall be made for transfer of shear and other forces through construction joints. 6. Beams, girders, or slabs supported by columns or walls shall not be cast or erected untilconcrete in the vertical support members is no longer plastic. 7. Beams, girders, column capitals, and haunches shall be considered as part of a slab system and shall be placed monolithically therewith. 8. Structures containing liquids shall have all exterior walls and bottom slab joints constructed with water stops and/or seals. When prevention of contamination and/or control of leakage is necessary at exterior or interior wall/slab, water stops and/or seals shall be provided at joints. 9. Horizontal joints in walls less than twelve feet high are not to be located for contraction or expansion, but for construction only. Such horizontal wall joints shall be minimal and asapproved by the Engineer only. Triangular fillet seals should be made on liquid-face when leakage control is necessary. 10. Vertical joints in walls shall be located at points of no shear. Joints shall be constructedwith water-stops and fillet seals where control of leakage is required. 11. Where slabs are cast in two separate lifts, joints are to be staggered. All joints shall belocated at positions of no shear. 12. Longitudinal keys at least one and one-half (1-1/2") inches deep shall be provided in alljoints in walls and between walls and slabs or footings. E. When joints are not indicated on plans, Contractor shall supply shop drawings clearlyindicating all joints in any part of the structures, sequence of pours and time lapse for control of shrinking, for approval by the Engineer. No intermediate joints will be allowed other thanthose on the approved shop drawings without the express approval of the Engineer. 420.08-PATCHING AND SURFACE FINISH After forms are removed, the Contractor shall remove all concrete fins, projections and form ties. All surfaces which will remain exposed will be inspected by the Engineer and all voids, stone pockets, tie holes, honeycombed and defective areas shall be patched as directed. The patching mortar shall be sand-cement grout with sufficient white Portland Cement added to effect a match with theconcrete surfaces. Areas to be patched shall be clean, free of loose material and dampened before applying grout. The patched areas shall be rubbed before the grout is set hard to blend into adjacent areas. Rub-Finish exposed vertical and battered surfaces from 6-inches below ground surface or from 6-inches below normal water level to top, except for small plinths and similar structures which extend less than 12 inches above finished grade. 420.09-DEFECTIVE WORK The following defects shall be cause for rejection of placed concrete: 420-9 ITEM 420- STRUCTURAL CONCRETE A. Voids, rock pockets, honeycombing, and spelled areas which, in the opinion of the Engineer,cannot be satisfactorily repaired, will affect the strength of the structure materially, or will limitthe life of the reinforcement. B. Uneven or bulged surfaces resulting from shifting of the forms during placement or curing. C. Concrete found structurally inadequate after thorough investigation according to Item 200.04.8, Subsections a through c. Upon discovery of any of these defects, the Engineer may declare the structure defective andrequire the Contractor to remove and replace the portion of the structure affected, at the Contractor's expense. 420.10-PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. 420-10 ITEM 429-MANHOLES AND CONFLICT MANHOLES 429.01 -GENERAL All manholes, and junction boxes, shall be constructed at the locations and shall be of the types shown on the plans. They shall consist of all excavation, castings, backfilling, and furnishing all materials or other items necessary for installation thereof. Manholes and Junction Boxes shall be constructed of reinforced concrete cast-in-place or of precast reinforced concrete at the option of the Contractor. Precast reinforced concrete manholes, and junction boxes watertight and of the tongue and groove type, gasketed with gasketed joints as per manufacture and shall be wrapped at each joining section where precast units of indicated sizing are available. Precast units shall be specifically designed for vertical installation when used. Where manholes, and junction boxes size exceeds available precast box sizing or where specifically indicated on the plans, cast-in- place structures are required. It is the intent of this specification to provide for water-tight construction and joint-tight construction of all manholes and junction boxes, including watertight covers if necessary. 429.01 - EXCAVATION AND BACKFILL The Contractor shall excavate to the required depth and size for each manhole and junction box. The Engineer may require the Contractor to undercut for a maximum of twelve (12") inches below the manhole and junction box base and backfill with stabilized material where necessary. Backfill from the base to a point not less than twelve (12") inches below ground level shall be as follows: A. Precast Concrete Manholes and Junction Box. Backfill shall consist of (a) select soil from the excavation, compacted to a minimum of ninety-five (95%) percent density; or (b) well-tamped (compacted) sand-cement [two (2) sacks of cement per cubic yard]. B. Other Manholes. Backfill material shall be approved by the Engineer. 429.02 - CONSTRUCTION OF MANHOLES A. Main Lines 24 Inches O.D. or Smaller. Manholes(including bases) shall be constructed around main line sewer pipes after pipe laying. Other sewer pipes shall be built in and trimmed with a minimum of six (6") inches intrusion inside the manhole wall. The base of the manhole shall consist of reinforced concrete as shown on the attached sketches. The concrete may be precast according to ASTM C-478, or cast in place, at the option of the Contractor. A concrete or grout invert shall be formed according to the sketches. The manhole wall shall consist of precast concrete, or other approved material (Sections .04thru .06), with no built-in steps or ladder rungs permitted. The top of the manhole shall consist of a 440-11 ITEM 429-MANHOLES AND CONFLICT MANHOLES cast iron ring and cover, finished to natural ground (or to the grade designated on the plans or by the Engineer). B. Main Lines 48 Inches I.D. or Larger. The manhole shall consist of a stack from the top of thesewer line up to natural ground (or other designated grade), according to the attached sketches. One joint of the main line shall consist of a prefabricated tee with the lateral branch vertical. The tee shall be designed and fabricated to carry the design load of the manhole, with design subject to the approval of the Engineer. If the tee is of a corrosive material such as concrete, it shall be coated on the inside with coal tar epoxy according to Item 700. Alternate coating or lining methods shall be subject to the approval of the Engineer. The manhole wall shall be an extension of the tee branch. The wall shall consist of precast concrete, or other approved material as described below,with no built-in steps or ladder rungs permitted. The wall design shall be compatible with the structural strength of the tee upon which it is resting. Lateral sewer pipes shall be built into the manhole wall and trimmed with a minimum of six(6") inches intrusion inside the wall. Any laterals below the base of the stack shall be built through the side of the tee section and trimmed according to the details in the attached sketches. The top of the manhole shall consist of a cast iron ring and cover, finished to natural ground (or other designated grade). C. Main Lines 24 Inches Through 42 Inches I.D. Manholes shall be similar to the stack manholes in Subsection 2 above, except for details at the top of the tee. In this case the vertical tee shall be the same size as the main line, with a concrete pad at the top to support the 48 inchmanhole. Construction shall be according to the attached sketches. 429.03 - PRECAST CONCRETE MANHOLE AND JUNCTION BOX The walls shall consist of risers, cones, and grade rings conforming to ASTM C-478. Joints shall be watertight and of the tongue and groove type, gasketed. Concrete pipe for manholes shall consist of risers, cones, and grade rings conforming to ASTM C-478. Concrete pipe or boxes for wet wells to be as noted on Plans. 429.04 - PROTECTIVE LININGS The walls and inverts shall be coated as per Item 602 - Prior to installation. 429.05 - FIBERGLASS MANHOLES The walls and cone shall consist of fiberglass construction conforming to ASTM D3753. The wall and cone shall consist of a single manufactured unit extended from the base to within eighteen inches of final grade. One or more concrete grade rings shall be placed between the fiberglass manhole and the cast iron ring and cover. The complete manhole shall be designed for a wheel load of 40,000 pounds. 440-12 ITEM 429-MANHOLES AND CONFLICT MANHOLES 429.06 - OTHER TYPES MANHOLES Other materials may be used in manholes upon the approval of the Engineer. The Contractor shall submit to the Engineer in writing any proposals for alternate construction materials, including material specifications and structural details. 429.07 - DROP INLETS A. Manholes (Other than Stack). When an incoming line is two (2') feet or more above the flowline of the outgoing line, a drop inlet shall be constructed just outside the manhole as detailed in the attached sketches. B. Stack Manholes. A drop inlet shall be constructed for any incoming line more than eighteen(18") inches above the crown of the main line. 429.08 - JUNCTION BOXES All junction boxes shall be constructed at the locations and shall be sized in accordance with plans accompanying these specifications. The boxes shall be constructed of reinforced concrete, complete with cast iron ring and covers. All sewer pipe entering the box shall be built in and placed flush with the inner wall of the box. 429.10 - CONCRETE Cast-in-place concrete shall conform to Item 200, with minimum 28-day fc of 2000 psi for manhole bases and 3000 psi for junction boxes. All manhole bases shall be poured monolithically. The floor of a junction box may be poured separately with proper keyways, waterstops, and dowels for the walls. 429.11 - REINFORCING STEEL All reinforcing steel shall conform to Item 440, with billet steel required for manhole bases and junction boxes. 429.12 - CASTINGS FOR MANHOLES AND JUNCTION BOXES All iron castings shall be of first quality and shall conform to ASTM A- 48, Class 35. Rings and covers shall conform to the standard patterns of Mabry Foundry, Vulcan Foundry, Neenah Foundry, or prior approved equivalent. Rings and covers shall be of a heavy traffic type, machine seated, and designed not to rock. The bearing surfaces of rings and covers shall be carefully machine-finished so that the cover will have an even bearing on the frame for its entire periphery. Rings and covers shall be sized with a thirty-two (32") inch cover diameter, unless shown differently in the plans. Each ring and cover shall consist of one of the following types, as designated on the plans or by the Engineer. 440-13 ITEM 429-MANHOLES AND CONFLICT MANHOLES A. Perforated. The cover shall fit the ring smoothly, but need not be gasketed. The cover shallcontain a minimum of four (4) holes of approximately three-fourths (3/4") inch diameter. B. Self-Sealing. The cover shall be solid with concealed pick holes. The bottom of the cover shall contain a precisely machined groove fitted with a continuous gasket. The gasket material shall be of special composition, with good sealing qualities, abrasion resistance, and low compression set. C. Self-Sealing Vented. The cover shall be similar to the self-sealing cover above, and shall contain a vent hole of 1 • in diameter located in the center of the cover. An inflow prevention device shall be installed to minimize inflow. See Item 429.13 below. 429.13 - INFLOW PREVENTION FOR VENTED COVERS The inflow prevention device shall be designed to minimize inflow into the sanitary sewer manhole. The device shall be load tested to withstand 800 pounds outside of traffic areas and 3000 lbs within traffic areas. The inflow prevention device shall be stainless steel insert equal to the "Rainstopper" as manufactured by Southwestern Packing and Seals, Inc. The device shall include gasket, relief valve and handle. The handle shall be designed to withstand a minimum 500 lbs. of force beforefailure. 429.14 - WATERSTOP GASKETS Waterstop gaskets shall comply with ASTM F-477, having a cross-section of a minimum of three(3") inches in nominal width, and shall be secured in place with a stainless steel strap clamp. Waterstop gaskets shall be placed around all sewer lines at manhole joints. The securing clamp shall be made tight with gasket and clamp completely, enclosed in place, using an expansive grout at thickness of six (6") inches all around. Grout shall be metallic base non-shrink equal to Sika Chemical "Kemox", Gifford Hill "Gilco", or Master Builders "Embecco", or prior approved equivalent. 429.15 - TESTING All completed manholes shall be exfiltration tested according to Item 450. Any manhole which fails the test shall be repaired and retested. 429.16 - PAYMENT No separate pay 440-14 ITEM 440- REINFORCEMENT FOR CONCRETE 440.01 GENERAL This item shall govern deformed reinforcement; plain reinforcement; prestressing tendons; and reinforcement consisting of structural steel, steel pipe, or steel tubing as specified herein. Reinforcement to be welded is indicated on the drawings. Reinforcement of the specified ASTM steel, except for ASTM A-706, shall require a report of material properties conforming to "Reinforcing Steel Welding Code" (AWS D12.1) of the American Welding Society. 440.02-MATERIALS A. Deformed Reinforcement 1. Deformed reinforcing bars shall conform to one of the following specifications, except asprovided in Section 1.b below. a) "Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement"(ASTM A-615), Grade 60. b) "Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement"(ASTM A-616), Grade 60. c) "Specification for Axle-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-617), Grade 60. d) "Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement"(ASTM A-706). 2. Deformed reinforcing bars shall conform to the following exceptions to the ASTM specifications listed in Section 1.a. above. a) For ASTM A-615, and A-617, yield strength shall correspond to that determined bytests on full size bars. b) For ASTM A-615, A-616, and A-617, bend test requirements for all bar sizes #3 through #11 shall be based upon 180 degree bends of full-size bars around pins with diameters specified in Table 1. If#14 or #18 bars meeting these specifications areto be bent, full-size bar specimens shall be bend tested 90 degree at a minimum temperature of 60° F around a 9db pin without cracking of the bar. However, if #14and #18 bars as used in the structure are required to have bends exceeding 90 deg., specimens shall be bend tested 180 degrees with other criteria the same as for 90degrees. 440-1 I ITEM 440-REINFORCEMENT FOR CONCRETE TABLE 1 BEND TEST REQUIREMENTS Bar Designation Pin Diameter for Bend Test #3, #4, and #5 3-1/2db #6, #7, and #8 5db #9, #10, and #11 7db #9, #10, and #11 (of Grade 40) 5db 3. Bar and rod mats for concrete reinforcement shall conform to "Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement" (ASTM A-184). 4. Deformed wire for concrete reinforcement shall conform to "Specification for Deformed Steel Wire for Concrete Reinforcement" (ASTM A-496). 5. Welded deformed wire fabric for concrete reinforcement shall conform to "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). B. Plain Reinforcement 1. Plain bars for spiral reinforcement shall conform to the specification listed in Section 1.a. (1), (2), or (3) including additional requirements of Section 1.b. 2. Smooth wire for spiral reinforcement shall conform to "Specification for Cold-Drawn Steel Wire for Concrete Reinforcement"ASTM A-82). 3. Welded smooth wire fabric for concrete reinforcement shall conform to "Specification for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185). C. Prestressing Tendons 1. Wire, strands, and bars for tendons in prestressed concrete shall conform to one of thefollowing specifications: a) "Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete" (ASTM A-421). b) "Specification for Uncoated Seven-Wire Stress- Relieved Strand for Prestressed Concrete" (ASTM A- 416). c) "Specification for Uncoated High-Strength Steel Bar for Prestressing Concrete"(ASTM A-722). 2. Wire, strands, and bars not specifically listed in ASTM A-421, A-416, or A-722 may be used provided they conform 440-2 ITEM 440- REINFORCEMENT FOR CONCRETE 3. to minimum requirements of these specifications and do not have properties that make them less satisfactory than those listed in ASTM A-421, A-416, orA-722. D. Structural Steel, Steel Pipe, or Tubing 1. Structural steel shall conform to one of the following specifications: a) "Specification for Structural Steel" (ASTM A-36). b) "Specification for High-Strength Low-Alloy Structural Steel" (ASTM A-242). c) "Specification for High-Strength Low-Alloy Structural Manganese Vanadium Steel"(ASTM A-441). d) "Specification for High-Strength Low-Alloy Columbium- Vanadium Steels of Structural Quality" (ASTM A-572), Grade 60. e) "Specification for High-Strength Low-Alloy Structural Steel with 50,000 psi Minimum Yield Point to 4 in. Thick" (ASTM A-588). 2. Steel pipe or tubing shall conform to one of the following specifications: a) Grade B of "Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless" (ASTM A-53). b) "Specification for Cold-Formed Welded and Seamless Carbon Steel StructuralTubing in Rounds and Shapes" (ASTM A-500), Grade B. c) "Specification for Hot-Formed Welded and Seamless Carbon Steel StructuralTubing" (ASTM A-501). 440.03-SIZES AND WEIGHTS The nominal sizes and areas, and the theoretical weights of deformed bars shall not be less than the current standard of the Concrete Reinforcing Steel Institute. 440.04-BENDING Bending of deformed reinforcement bars shall conform to Section 7.3 - Bending of ACI 318 latest version. Reinforcement bars shall be bent cold to the shapes indicated on the plans. All bending ofhard grade new billet and rail steel bars shall be done in the shop;other grades shall preferably bebent in the shop. Bends shall be made around pins; the diameter of pins shall be not less than four (4)times the minimum thickness of the bar. Heating for bending shall be employed only when authorized specifically. 440.05-STORAGE Reinforcement shall be stored above the ground surface upon skids, platforms, or other supports,and shall be protected from mechanical injury and from deterioration by exposure to the weather.When placed in the work, the reinforcement shall be free from dirt, loose rust, scale, 440-3 ITEM 440- REINFORCEMENT FOR CONCRETE paint, oil, or other foreign material. 440.06-SPLICES Splices of deformed reinforcement bars shall conform to Section 12.14 - Splices of Reinforcement of ACI 318 latest version. No splices of bars, except when shown on the plans, will be permitted except upon the written approval of the Engineer. Splices which are permitted shall have a length of not less than that required by the ACI Code, and shall be well distributed or else located at points of low tensile stress. The spacing between bars shall meet the recommendation of the ACI Code for anchorage bond and placing concrete. Where welded splices may be required, they shall conform to AWS D 12.1 "Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connections in Reinforced Concrete Construction." Welded splices shall develop in tension at least 125% percent of the specified yield strength of thereinforcing bar. Splices shall transfer the entire computed stress from bar to bar without exceedingthree-fourths of the permissible bond. Welded wire fabric shall be lapped not less than two mesh,i.e.,the length of the lap shall be at least equal to the spacing of wires parallel to the lap. Bars shall be rigidly clamped or wired at all splices in a manner approved by the Engineer. 440.07-REJECTION Reinforcement may be rejected for failure to meet any of the requirements of this specification onaccount of any of the following: A. Reinforcement exceeding the allowable variations in size or weight. B. Reinforcement with bends not in conformity with the details. C. Reinforcement with a coating of dirt, loose rust, scale, paint, oil, or other foreign substance attime of placing in the work. D. Twisted bars. 440.08-DETAILING A. Completely detailed shop drawings and schedules shall be submitted by the Contractor for approval of the Engineer in accordance with requirements specified for working drawings. B. The bars shall be supplied in lengths which will allow them to be conveniently placed in the work and provide sufficient lap at joints. Dowels of proper length, size, and shape shall be provided for tying walls, beams, floors, and the like together where shown, specified, or ordered. C. Steel reinforcement shall be of the type and size, cut to lengths, and bent to shape as indicated on the plans. Where dimensions of hooks are not shown, the diameter of the hook shall equalsix (6) times the bar diameter for bar sizes #3 through #8 and 8 times for#9, #10 and #11, with a straight length of bar at the end of the hook equal to four (4)times the bar diameter, or 2-1/2"minimum, whichever is greater. 440-4 ITEM 440-REINFORCEMENT FOR CONCRETE 440.09-PLACING REINFORCEMENT Placement of deformed reinforcement bars shall conform to Section 7.5- Placing Reinforcement ofACI 318 latest version. Reinforcement, before being placed, shall be thoroughly cleaned of mill and rust scale and of coatings that will destroy or reduce the bond with the concrete. When there is a delay in concreting operations and the reinforcement has been in place in excess of two (2) days, it shall be re-inspected and, when necessary, cleaned. Metal reinforcement shall be accurately positioned and dimensioned in accordance with the plansand specifications. The bars and mesh shall be tightly secured against displacement by using annealed wire of not less than No. 16 gauge and suitable clips at intersections. The reinforcementshall be supported in a manner that will keep all metal away from the interior surfaces of forms, or the surface against which the concrete is placed, in accordance with the"clear"dimensions as shown on the plans or as specified single layer reinforcement in slabs shall be placed at mid- depth unless otherwise dimensioned in plans. Nails shall not be driven into the outside forms to support reinforcement, nor shall any other devicefor this purpose come in contact with outside form, except that wood strips shall be inserted between the reinforcement and the forms at intervals to maintain the required clear distances between the reinforcement and the outside surfaces of the concrete. These wood strips shall be pulled up andremoved as the level of the concrete rises in the forms. In the case of slabs and beams, metal chairs, spacers, and other metal accessories necessary to provide the required clear distances and proper alignment and spacing between bars shall be used subject to the approval of the Engineer.Precast concrete blocks wired to the reinforcing bars will not be permitted as supports or spacers. 440.10-CONCRETE PROTECTION FOR REINFORCEMENT Concrete protection of deformed reinforcing bars shall conform to Section 7.7 Concrete Protection of Reinforcement of ACI 318 latest version. Concrete cover as protection of reinforcement against weather and other effects is measured from the concrete surface to the outmost surface of the steel to which the cover requirement applies. Where minimum cover is prescribed for a class of structural member, it is measured to the outer edge of the stirrup, ties, or spiral if transverse reinforcement encloses main bars; to the outmost layer of bars if more than one layer is used without stirrups or ties; to the metal end fitting or duct on post-tensioned prestressing steel. Concrete protection of prestressing tendons shall conform to Section 7.7.3 - Prestressed Concrete of ACI 318 latest version. 440.11 -PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. 440-5 SECTION I PAYMENT BOND I PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we . of the City of County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2025, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. I-1 IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 2025. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. I-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this J-1 obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 20 . ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. J-2 IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J-3 SECTION K NOTICE OF AWARD THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, — CITY MANAGER MAYOR PRO TEM City of c+n )10 SHERRI BELLARD,TRMC COUNCIL MEMBERS: � CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o r t r t h ttu- u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. NOTICE OF AWARD Date Contractor Name Attn: Address City, State Zip Re: You are notified that on , 2025,the City of Port Arthur City Council awarded above referenced contract. Within ten(10)days after you comply with the conditions listed below,the Purchasing Manager will issue to you a written Notice to Proceed and Purchase Order. Work must not begin until these documents have been issued to you. Two (2) original Contract Documents and one (1) copy of Resolution No. accompany this Notice of Award. You must comply with the following conditions precedent within ten(10) days of the date of this Notice of Award that is by or by the first working day thereafter. You must deliver to the Purchasing Manager: 1. One(1) fully executed Contract. 2. One (1) signed, original Notice of Award 3. One (1) original Certificate of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees, to be expressly named as additional insurers, in accordance with the General Conditions. 4. One (1) HB 1295 Form filled out completely. For more information go to the following website. httus://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 5. Payment and Performance Bonds. Please return all requested documents to: City of Port Arthur, TX Attn: Clifton Williams, Purchasing Manager P.O.Box 1089 Port Arthur, TX 77641 Page 1 of 2 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 THURMAN BILL BARTIE,MAYOR !%" RONALD BURTON,CPM DONEANE BECKCOM, E,��e, /1 CITY MANAGER MAYOR PRO TEM City o f y on N SHERRI BELLARD,TRMC COUNCIL MEMBERS: t • 4, CITY SECRETARY WILLIE BAE LEWIS,JR. _=_' r TIFFANY L.HAMILTON EVERFIELD o t'f r f It a t' ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. NOTICE OF AWARD Contractor Name Date Page 2 Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default and to annul this Notice of Award. OWNER: CITY OF PORT ARTHUR,TEXAS BY: Clifton Williams, CPPB, Purchasing Manager ACCEPTANCE OF AWARD: Contractor: Signature: Print: Title: Date: CC: Darlene Thomas-Pierre, Code compliance Manager Page 2 of 2 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street! Port Arthur,Texas 776411 409.983.8160 1 Fax 409.983.8291 SECTION L NOTICE TO PROCEED . ..._.. ...... THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM I CITY MANAGER MAYOR PRO TEM COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS,JR. i CITY SECRETARY TIFFANY L.HAMILTON EVERFIELD r HAROLD L.DOUCET,SR. 6rYt r th u r THOMAS KINLAW III Texas ROXANN PAIS COTRONEO DONALD FRANK,SR. INTERIM CITY ATTORNEY NOTICE TO PROCEED Date Company Name Attn: Address City, State Zip Re: You are notified that the Contract Times under the above contract will begin to run on by that date, you are to start performing your obligations under the Contract Documents The date of Contract Termination will be It is the responsibility of the contractor to meet the schedule as set forth and in accordance with the terms and conditions of the contract. Before you may start any work, you must deliver to the Purchasing Manager all required documents as listed in your Notice of Award and a signed original of this Notice to Proceed. Invoices for payment must be submitted to PO Box 1089, Attn: Accounting, Port Arthur, TX 77641. Contract# must appear on all related invoices. Should you have any questions regarding this project, you may contact me at 409.983.8160 or Calvin Matthews thank you for partnering with the City of Port Arthur. Respectfully, ACCEPTANCE OF NOTICE TO PROCEED Company: Clifton Williams, Signature: Purchasing Manager Print: Title: Date: CC: Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams, P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 SECTION INSURANCE1 CERTIFICATE QF LIABILITY INSURANCE DATE(MM/DDlYYY1� 6/27/2025 _ 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 OFI 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on i this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arthur J. Gallagher Risk Management Services, LLC NAME: PHONE 2618 E Broadway (Arc.No.Ext1:281-67o-2975 I ,No,, Pearland TX 77581 ADDRESS: certrequests�a ajg.com INSURERS)AFFORDING COVERAGE NAIL# INSURER A:Depositors Insurance Company 42587 INSURED NORMHIG-01 INSURER B:Texas Mutual Insurance Company ! 22945 Norman Highway Constructors, Inc. PO Box 2440 u+suRER c:AGCS Marine Insurance Company 22837 Orange TX 77631 INSURER D:ALLIED Property&Casualty Insurance Company 42579 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1530889970 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER I POLICY EFF POUCY EXP MD TYPE OF INSURANCE INSO D POLICY NUMBER (MNI/DD/YYYY) (MM/DD/YYYY) UMITS A X COMMERCIAL GENERAL UABILITY ACPGLDO3087997911 12/31/2024 12/31/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X I OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 5'L LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY ACPBATX3087997911 12/31/2024 12/31/2025 (Ea MINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY )AUTOS ONLY AUTOS (Per accident) $ y HIRED X NON-OWNED PROPERTY DAMAGE $ i AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR ACPCAD3087997911 12/31/2024 12/31/2025 I EACH OCCURRENCE $3,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION$ $ B WORKERS COMPENSATION 0001317652 12/31/2024 12/31/2025 X AND EMPLOYERS'LIABILITY ,//N NTE I ER ANYPROPRIETOR/PARTNER EXECUTIVE EL EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) EL DISEASE-EA EMPLOYEE $1,000,000 dyes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POUCY LIMIT $1,000,000 C Contractors Equipment SML93075460 12/31/2024 12/31/2025 Contractors Equipment Leased/Rented/Borrowed Per Item/Occurrence Others $2$2 5,75,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD let,Additional Remarks Schedule,may be attached if more space is required) The General Liability and Auto policies include a Blanket additional insured endorsement with primary non-contributory that provides additional insured status as required by written contact subject to policy terms and conditions.The General Liability,Auto,Workers'Compensation policies include a Blanket waiver of subrogation endorsement that provides this feature as required by written contact;subject to policy terms and conditions. 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 POUCY PROVISIONS. City of Port Arthur AUTHORIZEDREPRES NTATNE I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SECTION N NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission f this bid proposal. Signature: Printed Name: // (AyWaro LGl f IIICit 1 Title: V it_ PO'. 5I C esji Company: Nora 1-1 i b Way £,ph sf u rTors3 T iV( Date: 1 ) 15 n 102-5 SUBSCRIBED and sworn to before me the undersigned authority by iJ/ the tom of, 2p,2 on behalf of said bidder. Notary Public in and for the ei� Emma Dixon State of Texas MOTARY MUG-STATE OF TEXAS � IDS 2125480 " Oct •1COWL EXP.09 27-2025 My commission expires: 9-02 7•, .23 SECTION 0 AFFIDAVIT AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: / I hereby certify that I do not have outstandingdebts with the Cityof 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. NOrmoy 14 �11n/� (ons*v&hrs LI�rC Firm Name Date Vice, Pasi-cle.4 -4- Authorized ,it!_nature Title (gpç q Nam (please print) Telep one 1 G.ywr . nh 6 9 m it�l I Email STATE: I €x M COUNTY: SUBSCRIBED AND SWORN to before me by the above named hitiyhAdez ddcuir S on this the ��- `� day of ��It/ ,20 Z . Emma Dixon NOTARY PUBLIC•STATE OF TEXAS a ID! 2 1 2 5 4 8 0 Notary Public '"d COMM.UP.09-27-2025 RETURN THIS AFFIDAVIT AS PART OF THE: BID PROPOSAL SECTION P CONFLICT OF INTEREST r. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the Date Received vendor meets requirements under Section 178.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. N©ryrAr) Jfij1iwt ' 60 MS fru C fors INL Jn 1 1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer aboutwhom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(aX2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? I 1 Yes 'No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes 1:71No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a other business entity with respect to which the local government officer serves as an officer or director corporation ,or holds an ownership interest of one percent or more. Wovie' J l I check this box it the vendor has given the local government officer or a family member of the officer one or more gifts I as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J aR 1 . 5 ld Z5. Sign o vendor doing bustn with the governmental entity 4ty Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30l2015 I CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomesaware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 SECTION Q SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION I, a 6(5L111.bo-14 ,the undersi ed and re resentative �� d � p of Wov' rvlo..n (-}ihWck)/ (ovstrucforc j !Vc (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. /1cVWL&rJ (LJI1Lff Name of Company Representative (Print) z Signa f Company Representative 7 / 15 1--2 0 2:5 Date SECTION R HOUSE BILL 89 VERIFICATION House Bill 89 Verification 1, H&yWckr (o.11 i IAA (Person name), the undersigned representative (hereafter referred to as `Representative") of Norman /4i W tahs+ vuforls _I�IC J (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. SIGNATU OF REPRESENTATIVE l5IL da Bo SC� AND SWORN TO BEFORE ME, the undersigned authority, on this Notary Public Eatmn rmPt L iC.nAIhixAn .Wcor .2xr1. 29548o2 sS SECTION S ADDENDUMS • C;n,of r -CITY OF PORT ARTHUR, TEXAS ort rrhnr ADDENDUM NO. ONE (1) Texas May 5, 2025 BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID: P25-053 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 1'HE SUBMISSION OF THEIR BID. Addendum as follows 1. Submit the attached Bid Schedule with the Bid Sheet. 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. (2,/ (L&z Cli ref• Williams Purchasing Manager ct' A 7/1-5 Z �. 5 Signature of Proposer Date Norman ii4way (O +(vJOt' S) INL Company Vendor ame I Cityof -CITY OF PORT ARTHUR, TEXAS ort rthu�r'" ADDENDUM NO. TWO (2) i ta: May 12, 2025 BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID: P25-053 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 TH EIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,June 18,2025. (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,June 18,2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli Ron Williams Purchasing Manager ARC gai( 7/I 5 I 10 Z5 Signature of Proposer Date Noryn&y h � �onsrc�if Qrs l L Company Vendor Nwc�/ame J cif).of -CITY OF PORT ARTHUR, TEXAS vrt rth` '►.- ADDENDUM NO. THREE (3) Texas JTJNE 16,2025 PAGE 1 OF 2 BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID: P25-053 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,June 25,2025. (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,June 25, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. 2. Attached is the Wage Decision. 3. Contingency is $80,000 4. 400.005 - CY-Cement Stabilized Backfill(2.0 Sack per CY)=600 CY 5. ADD - ITEM 400.005 -CY- Cement Stabilized Backfill (2.0 Sack per CY)=600 CY THIS ITEM WILL BE FOR NO MORE THAN 1 FT INCREMENTS OF BACKFILL PLACEMENT OF PIPE AS NEEDED. THIS ITEM INCLUDE TxDOT ITEMS, 104, 110, 132, 210, AS SUBSIDIRARY TO VARIOUS BID ITEMS AND INCLUDING,REQUIRED LIFTS OF 8"MATERIAL PLACEMENT, HAND OPERATED TAMPERS OR RAMMERS TO OBTAIN THE REQUIRED COMPACTION, AND ALL NECESSARY EQUIPMENT, LABOR, OR REQUIRED APPURTENANCES, TO COMPLETE WORK IN ACCORDANCE WITH PLANS, STANDARDS,AND SPECIFICATIONS. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. rt, G(2� Cliff&Williams Purchasing Manager igirlit a- I3 7/i5Joz5 Signs a of Proposer Date Norman lI 11w$ ConsIrucforsJ Il i Company Vendor N�e 5/22/25,10:07 AM SAM.gov "General Decision Number: TX20250061 05/16/2025 Superseded General Decision Number: TX20240061 State: Texas Construction Type: Heavy Counties: Hardin, Jefferson and Orange Counties in Texas. HEAVY CONSTRUCTION PROJECTS (Industrial and Processing Plants, and Refineries) Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an . The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. If the contract was awarded on . Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract. contract is not renewed or . The contractor must pay all extended on or after January covered workers at least 30, 2022: $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 5/22/25, 10:07 AM SAM.gov 1 03/21/2025 2 05/16/2025 * ASBE0022-001 07/01/2024 Rates Fringes Insulator/asbestos worker (includes application of all insulationg materials, protective coverings, coatings and finishing to all types of mechanical systems) $ 30.20 12.38 BRTX8005-001 06/01/2024 Rates Fringes BRICKLAYER $ 31.08 14.84 CARP2484-001 01/03/2000 Rates Fringes MILLWRIGHT $ 19.72 3.73 SHEE0054-001 04/01/2020 Rates Fringes Sheet metal worker (Including HVAC Duct work) $ 29.70 13.85 * 51J1X2000-003 02/11/2000 Rates Fringes ELECTRICIAN (Including Low Voltage wiring) $ 15.20 ** 0.40 LABORER Common $ 10.00 ** PIPEFITTER (Including HVAC work) $ 13.20 ** 0.34 Power Equipment Operator CRANE $ 15.20 ** 0.40 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706. Estah1ich;na o�;.� c4,1, Vr 5/22/25,10:07 AM SAM.gov for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the E0 is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage dei-Prmina-Finn ,,�� 5/22/25, 10:07 AM SAM.gov updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The "SU" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all tes reported in the survey for that classification.tAs aaweighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHo Branch of wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 5/22/25,10:07 AM SAM.gov 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION" Coy qF -CITY OF PORT ARTHUR, TEXAS ,Curt rthin ADDENDUM NO.FOUR(4)) Texas JUNE 23,2025 BID FOR: STORM SEWER BRICK MAIN-HOLE REPLACEMENT PROJECT BID: P25-053 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the Revised Bid Schedule. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cliff-oil Williams Purchasing Manager _ giniC 6at 7/I5 / Q7.5/ 1-075 Signature of Proposer Date WO • 'Ihw 3fruc.#ors , IW& Company Vendor e A l i ! 1 4 I I I y t LL. o o 0 p o0 0 a o 0 0 0 O O L o o `i-) o, ,z) j W a c- CQ oJ, �1 c_Q c�' = �-' -- — � v � ti 'I) e� o u � v v ti aoa �S.- o `n � _ c z `�' © o as _ co ar _ y Y v a I C L r.S.- `"? '� `'7 v f O N '�- t H a. o (2) `l > +r+ a; tC U y v O E E 1�" 1- r.. —}- CB ›. . .� `x •> -: o a co O c ` ° a I o o0 b o a o o Q In 'z 'WE c- O o p - C) cs� D cc x = 1__ _ c W r- Z 3 .4.4 W W .- - O U J W - '0 J LU _0 v d ... CO > fC +• o O 0. V 3 W t _H E 3 0 p. z c) W U ¢ toZ -C 51 Qi O u E I N z 1- c Qc o p z v G N W O ULU W x C. 0 U ,. z tSc w V 0 = .i N Q a. ¢ Q I. x u ua m Z W 2 W z Z p o O _, O _2 O 0 e _� Q 2 z H _' O O ¢ L. °� Q Q N Z N w ~ > ¢ U O Z >. w U V x z Q z 2 Q U Z N 0 Z U d cn L1.1 U = z p 0 Z »- 2 Z z z ¢ m o. f O W "' cc ¢ O UJ -J 0 z0 U i- U Z OH I- I- w U s G° s �� S a g S 8 8 .p1 Iy W E C7 8 Q Q r B coo O in l O ci p p 0 Z = • T' Cf d in to in I- +I 0 N W a N W W H 1 N z rn Nx 1,.. ' n w 1 W 0 W d Q 0 • • m' la itsi Q v 3 S. —41 Oh A , — w _ 0 z 1 d .a O !- z ` H� w a :i cn a. " W Ciry o7 :' -CITY OF PORT ARTHUR,TEXAS ;,11, ;,4 2rt Trh `°'"` ADDENDUM NO.FIVE (5) Teens JUNE 24,2025 BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID: P25-053 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 IIII: SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, July 2,2025. (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,July 2,2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. efe Cli n Williams Purchasing Manager int l 7//5 / zo Signature of Proposer Date w0141 Inay INC Company Vendor Name J City of -CITY OF PORT ARTHUR, TEXAS oTt nth` ADDENDUM NO. SIX(6) Tams JUNE 25,2025 BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID: P25-053 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents_ Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Attached is the list of the sixty manholes. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. CliIgn Williams Purchasing Manager gm: CC 7/L5/ z Z..5- Signature gn of Proposer Date Sfrva©f s . N( ompany Vendor e CO LO N C) et CO N *--I ,--I •-1 ct M 01 co ,-( O V' N. N if-) in eT' *"I co ,-1 in r �; R3 l0 co M up [t CO CO O N O In LO in N O CO Ln N CT [r It) ,-. L0 N in LO CC 4J V' O C) C) Cn CO N N CT LO CO L0 0) N. N. 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Lfl • n .- N '� O a) i) 0 v _ o C V v :s L- a .a a = Ecuu E � v Q Bay Nt'), 11:3 a) -' on � s 444N 0-- 0- 0- no 0 �410- II-- f- I. Q y e City of 112 -CITY OF PORT ARTHUR,TEXAS 11 ort rrhu _ ADDENDUM NO. SEVEN(7) Texas JUNE 30,2025 BID FOR: STORM SEWER BRICK MANHOLE REPLACEMENT PROJECT BID: P25-053 The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,July 16,2025. (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,July 16,2025 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX.You are invited to attend NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager gill' CC Aitk 7 / l5/2 Signature of Proposer Po Date r,r, Inc Worm r h ►�va Con C Company Vendor l4 ime