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Home My WebLink AboutPR 24883: AGREEMENT WITH SETEX CONSTRUCTION CORP. FOR THE W. 19TH STREET DRAINAGE IMPROVEMENT PROJECT 1 City of ort rthut — Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 01, 2026 To: The Honorable Mayor and City Council Members Through: Ron Burton, CPM, City Manager From: Suhail Kanwar, P.E., M.S., CFM, Director of Public Services/City Engineer RE: PR No. 24883: Authorizing the City Manager to enter into an agreement with SETEX Construction Corp., of Port Arthur,Texas, for the W. 19th Street Drainage Improvement Project. Funding available in the Account No. 169-07-015-8515-00-40-000. Project No. ARP006.CON. Introduction: The intent of this agenda item is to seek the Port Arthur City Council Member's approval for the City Manager to execute an agreement with SETEX Construction Corp., of Port Arthur, Texas, for the W. 19th Street Drainage Improvement Project for the amount of$1,168,043.00. Funding is available in the Account No. 169-07-015-8515-00-40-000. Project No. ARP006.CON. Background: Pursuant to Resolution No. 18-231, the City of Port Arthur adopted the 2018 Disaster Recovery and Resiliency Plan(DRRP)for recovery activities following Hurricane Harvey. As part of the City of Port Arthur's DRRP recovery activities, is seeking design recommendations for the W. 19th Street Area Drainage Project Pursuant to Resolution 24-501,EJES,Inc. (EJES)was approved to provide design recommendations for the W. 19th Street Area Drainage Improvement Project. Design was done by EJES, which also sealed the drawings. The City of Port Arthur's Purchasing Department advertised for interested parties to bid on the W. 19th Street Drainage Improvement Project on January 28, 2026 and February 4, 2026, respectively, under Bid No. P26-016. On March 18,2026,the Purchasing Department received and opened eight(8) sealed bids for the project from Allco,Inc. of Beaumont,Texas,Apex Alliance,LLC from Port Neches,Texas, Eastex Utility Construction,LLC from Beaumont,Texas,MK Constructors from Vidor,Texas,Norman Highway Constructor,Inc. from Orange,Texas,ISJ Underground,LLC from Missouri City,Texas,MB "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 Western Construction Co. from Houston, Texas, and SETEX Construction Corp. from Port Arthur, Texas. After review by the City Engineering Division and Golden Triangle Consulting Engineers, Inc., of Beaumont, Texas, it was determined that SETEX Construction Corp. was the lowest responsible bidder for the amount of$1,168,043.00 with a time of completion of one-hundred sixty (160) calendar days. Budget Impact: Funds are available in Account No. 169-07-015-8515-00-40-000. Project No. ARP006.CON. Recommendation: It is recommended that the City of Port Arthur's City Council Members approve PR No. 24883 authorizing the City Manager to execute an agreement with SETEX Construction Corp., of Port Arthur, Texas, for the W. 19th Street Drainage Improvement Project, for the amount of$1,168,043.00 with a time of completion of one-hundred sixty(160) calendar days. Funding is available in the Account No. 169-07-015-8515-00-40-000. Project No. ARP006.CON. "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. 24883 03/31/2026 RLD Page 1 of 4 RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SETEX CONSTRUCTION CORP., OF PORT ARTHUR, TEXAS, FOR THE W. 19TH STREET DRAINAGE IMPROVEMENT PROJECT FOR THE AMOUNT OF $1,168,043.00. FUNDS ARE AVAILABLE IN ACCOUNT NO. 169-07-015- 8515-00-40-000. PROJECT NO. ARP006.CON. WHEREAS, pursuant to Resolution No. 18-231, the City of Port Arthur adopted the 2018 Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following Hurricane Harvey; and, WHEREAS, the City of Port Arthur, as part of its DRRP recovery activities, is seeking design recommendations for the W. 19th Street Area Drainage Project; and, WHEREAS, pursuant to Resolution No. 24-213, the Port Arthur City Council approved thirteen (13) engineering firms that participated in the RFQ and all are now prequalified for a term of two years; and, WHEREAS, EJES, Inc., (EJES) of Port Arthur, Texas was one of the thirteen (13) firms that participated in the RFQ resulting in its selection as a qualified firm to provide design recommendations for the W. 19th Street Area Drainage Improvement project; and, WHEREAS, pursuant to Resolution 24-501, EJES, Inc. (EJES) of Port Arthur, Texas, was approved to provide design recommendations for the W. 19th Street Area Drainage Improvement Project; and, PR No. 24883 03/31/2026 RLD Page 2 of 4 WHEREAS, design was done by EJES, Inc. of Port Arthur, Texas, whom also sealed the drawings for the W. 19th Street Drainage Improvement Project; and, WHEREAS, the City of Port Arthur's Purchasing Department advertised for interested parties to bid on the W. 19th Street Drainage Improvement Project on January 28, 2026 and February 4, 2026, respectively, under Bid No. P26-016, see Exhibit A-Section C; and, WHEREAS, on March 18, 2026, the Purchasing Department received and opened eight (8) sealed bids for the project from Alico, Inc. of Beaumont, Texas, Apex Alliance, LLC from Port Neches, Texas, Eastex Utility Construction, LLC from Beaumont, Texas, MK Constructors from Vidor, Texas, Norman Highway Constructor, Inc. from Orange, Texas, ISJ Underground, LLC from Missouri City, Texas, MB Western Construction Co. from Houston, Texas, and SETEX Construction Corp. from Port Arthur, Texas; and, WHEREAS, after review by the City Engineering Division and Golden Triangle Consulting Engineers, Inc., of Beaumont, Texas, it was determined that SETEX Construction Corp. was the lowest responsible bidder for the amount of $1,168,043.00 with a time of completion of one-hundred sixty (160) calendar days, see Exhibit A-Section D; and, WHEREAS, approval of PR No. 24883 to award the W. 19th Street Drainage Improvement project to SETEX Construction Corp., of Port Arthur, Texas, is herein deemed an appropriate action. 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, PR No. 24883 03/31/2026 RLD Page 3 of 4 THAT, the funding for this project is available in the Account No. 169-07-015-8515-00- 40-000 Project No. ARP006.CON; and, THAT, the City Manager is authorized to enter into a contract with SETEX Construction Corp., of Port Arthur, Texas, for the W. 19th Street Drainage Improvement Project in substantially the same form, attached hereto as Exhibit A-Section A; and, THAT, a copy of the Resolution shall be spread upon the Minutes of the City Council Members. READ, ADOPTED AND APPROVED this the day of , A.D., 2026, at a of the City Council of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Council members: Noes: Charlotte M. Moses Mayor ATTEST: Sherri Bellard City Secretary PR No. 24883 03/31/2026 RLD Page 4 of 4 APPROVED AS TO FORM: APPROVED F•akvIINISTRATION: OlkOper Roxann Pais Cotroneo, Esquire Ronald Burton, CPM City Attorney City Manager APPROVED AS FOR VAILABILITY OF FUNDS: 16rdi<41Aden Von 102)(4)iti Lynda "Lyn" B.• ell, M.A., ICMA-CM CI fton Williams, CPPB Director of Finance Purchasing Manager /DLit w Suhail Kanwar, PE, Director of Public Services/City Engineer EXHIBIT A CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR, ' CITY MANAGER MAYOR PRO TEM Cay of titiA`? SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD on t r t h a—_ � ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY THOMAS KINLAW,IH Texas DONALD FRANK,SR. JANUARY 29,2026 INVITATION TO BID WEST 19TH STREET DRAINAGE IMPROVEMENT DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 18, 2026. (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,February 18,2026 in the City Council Chambers, City Hall, 5th Floor,Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P26-016 DELIVERY ADDRESS: Please submit one (1)original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR,TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williamsAportarthu rtx.gov 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 Page 1 of 4 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams Purchasing Manager INVITATION TO BID WEST 19TH STREET DRAINAGE IMPROVEMENT (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for West 19th Street Drainage Improvement is scheduled for February 5, 2026 at 11:00 A.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. TABLE OF CONTENTS A. CONTRACT AGREEMENT B. ARPA FEDERAL FUNDING PROVISIONS C. ADVERTISEMENT FOR BIDS D. BID SHEET E. INFORMATION TO BIDDERS F. NOTICE OF AWARD G. NOTICE TO PROCEED H. INSURANCE I. TECHNICAL SPECIFICATIONS J. GOVERNING CONSTRUCTION SPECIFICATIONS K. HOUSE BILL 89 VERIFICATION L. NON-COLLUSION AFFIDAVIT M. AFFIDAVIT N. SB 252 CHAPTER 2252 CERTIFICATION O. QUALIFICATION STATEMENT P. FEDERAL CLAUSES Q. GENERAL CONDITIONS R. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE S. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B T. BID BOND U. PAYMENT BOND V. PERFORMANCE BOND W. ADDENDUMS Appendix A, B, & Drawing SECTION "A" CONSTRUCTION AGREEMENT CONTRACT FOR W 19TH STREET DRAINAGE IMPROVEMENT THIS CONSTRUCTION AGREEMENT ("Agreement" or"Contract"),made this day of , 2026,by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,hereinafter called "OWNER", "Owner" "CITY",or "City"and SETEX Construction Corp. a(n) hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein,OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 160 calendar days from the date listed on the Notice to Proceed, unless sooner terminated under the provision hereof. 2. The CONTRACTOR will perform work as stated in the Contract Documents. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Contract Documents. 4. The CONTRACTOR agrees to perform all the work described in the specifications and Contract Documents and to comply with the term in the total amount of$ 1,168,043.00 . 5. The term "Contract Documents"means and includes the following, all of which are incorporated into and made part of this Agreement: A) Construction Agreement B) ARPA Federal Funding Provisions C) Advertisement for Bid D) Bid Sheet E) Information to Bidders F) Notice of Award G) Notice to Proceed H) Insurance I) Technical Specifications J) Governing Construction Specifications K) House Bill 89 Verification L) Non-Collusion Affidavit M) Affidavit N) SB 252 Chapter 2252 Certification 0) Qualification Statement P) Federal Clauses Q) General Condition R) Labor Classification And Minimum Wage Scale S) Supplemental General Conditions T) Bid Bond U) Payment Bond V)Performance Bond W)Addendums 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of , 2026. ATTEST CITY OF PORT ARTHUR BY City Secretary Signed on the day of , 2026. SETEX CONSTRUCTION CORP Representative Print Name: Title: SECTION "B" ARPA FEDERAL FUNDING PROVISIONS EXHIBIT"A" ARPA FEDERAL FUNDING PROVISIONS 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R.& 200.327) (a) Appendix II to Part 200(A)- Remedies: The parties shall comply with the administrative,contractual. or legal remedies in the Contract Documents for when the CONTRACTOR violates or breaches the terms of the Contract and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents. (b) Appendix II to Part 200(B) -Termination for Cause/Convenience: The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents. (c) Appendix II to Part 200 (C) — Equal Employment Opportunity: CONTRACTOR agrees as follows during the performance of the Contract: (i) 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 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. (ii) 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. (iii) 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. (iv) 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. (v) 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. (vi) 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. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of 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 24. 1965, or by rule. regulation. or order of the Secretary of Labor, or as otherwise provided by law. B-1 (viii) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 the 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. CITY 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 the CITY 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 Construction Contract. CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules. regulations. and relevant orders of the Secretary of Labor. that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance. and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. CITY 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 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, the CITY agrees that if it fails or refuses to comply with these undertakings. the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant(contract. loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant: and refer the case to the Department of Justice for appropriate legal proceedings. (d) Appendix II to Part 200 (D) — Davis-Bacon Act: Copeland ("Anti-Kickback") Act: The Contract Documents include these requirements. (e) Appendix II to Part 200 (E)—Contract Work Hours and Safety Standards Act: (i) 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. (ii) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph(i) of this Section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition. such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory.to such District or to such territory). 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 (i) 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 (i) of this Section. (iii) Withholding for unpaid wages and liquidated damages. CITY 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 B-2 contract or any other Federal contract with the CONTRACTOR.or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act. which is held by the CONTRACTOR. such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ii)of this section. (iv) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii)through (iv) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i)through (iv) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: This provision is not applicable to the Contract. (a) Appendix II to Part 200(G)—Clean Air Act and Federal Water Pollution Control Act: CONTRACTOR shall comply with the following: (i) Pursuant to the Clean Air Act. (1) 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.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office. and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150.000. (ii) Pursuant to the Federal Water Pollution Control Act. (1) 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.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will. in turn. report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office. and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding$150.000. (h) Appendix II to Part 200 (H)—Debarment and Suspension: (i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. § 180.995)or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. & 180.940) or disqualified (defined at 2 C F.R. & 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C, in addition to remedies available to the CITY. the Federal Government may pursue available remedies, including_ but not limited to suspension and/or debarment. (iv) CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C throuahout the Contract. The CONTRACTOR further agrees to include a provision requiring such compliance in its subcontracts. (v) CONTRACTOR warrants that it is not debarred, suspended. or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified. or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing_ immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Contract. (i) Appendix II to Part 200 (I)—Byrd Anti-Lobbying Act: (i) Contractors that apply or bid for an award exceeding $100.000 must file the required certificatihn..Eafh tier_certifijs to iheiieraboyP that it will not and has not used Federal annronriatPd funds to nay any B-3 person or organization for influencing or attempting to influence an officer or employee of any agency. a member of Congress. officer or employee of Congress. or an employee of a member of Congress in connection with obtaining any Federal contract. grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. (ii) If CONTRACTOR has not submitted the required certification.CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment"1"and incorporated herein by this reference. (i) Appendix II to Part 200 (J)—§200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act.as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000: procuring solid waste management services in a manner that maximizes energy and resource recovery: and establishing an affirmative procurement. (ii) In the performance of this Contract. the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule: meeting contract performance requirements: or at a reasonable price. (iii) Information about this requirement. along with the list of EPA-designate items. is available at EPA's Comprehensive Procurement Guidelines web site. https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program. (iv) CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment. services. or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system. or as critical technology as part of any system funded under this Contract. As described in Public Law 115-232. section 889. covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure.and other national security purposes.video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company. or Dahua Technology Company(or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense. in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to. the government of a covered foreign country. (ii) See Public Law 115-232. section 889 for additional information. (I) Appendix II to Part 200(L)—U200.322 Domestic Preferences for Procurement: B-4 (i) CONTRACTOR shall. to the greatest extent practicable. purchase. acquire. or use goods. products, or materials produced in the United States (including but not limited to iron, aluminum. steel, cement. and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means. for iron and steel products. that all manufacturing processes. from the initial melting stage through the application of coatings. occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum: plastics and polymer-based products such as polyvinyl chloride pipe: aggregates such as concrete:glass, including optical fiber: and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R.6 200.321) (a) CONTRACTOR shall be subject to 2 C.F.R. 6 200.321 and will take affirmative steps to assure that minority firms. women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists: (ii) Assuring that small and minority businesses.and women's business enterprises are solicited whenever they are potential sources: (iii) Dividing total requirements, when economically feasible. into smaller tasks or quantities to permit maximum participation by small and minority business. and women's business enterprises: (iv) Establishing delivery schedules. where the requirement permits. which encourage participation by small and minority business, and women's business enterprises: and (v) Using the services/assistance of the Small Business Administration (SBA). and the Minority Business Development Agency(MBDA)of the Department of Commerce. (c) CONTRACTOR shall submit evidence of compliance with the foregoing affirmative steps when requested by the CITY. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY. Treasury Office of Inspector General and the Government Accountability Office. or any of their authorized representatives access to any books. documents. papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f)of ARPA. and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes. regulations. and executive orders. including,without limitation,the following: B-5 (I) Universal Identifier and System for Award Management (SAM). 2 C.F.R. Part 25. pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information. 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180. subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters. pursuant to which the award term set forth in 2 C.F.R. Part 200. Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drua-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying. 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. && 4601-4655)and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation. the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. && 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22. which prohibit discrimination on the basis of race. color. or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. && 3601 et seq.). which prohibits discrimination in housing on the basis of race, color, religion, national origin. sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973.as amended(29 U.S.C. &794).which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975.as amended(42 U.S.C.&&6101 et seq.).and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990. as amended (42 U.S.C. && 12101 et seq.). which prohibits discrimination on the basis of disability under programs. activities. and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions. including fines. imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts. and/or any other remedy available by law. (e) Hatch Act. If CONTRACTOR is a public agency. CONTRACTOR agrees to comply, as applicable, with the requirements of the Hatch Act (5 U S.0 section 1501-1508 and 7324-7328). which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. (f) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. & 4712. CONTRACTOR may not discharge. demote. or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below.-information-that 4-kisemp-Iwee-rreasonably-believesis-evidence of-aress- o€a al contract B-6 or grant. a gross waste of federal funds, an abuse of authority relating to a federal contract or grant. a substantial and specific danger to public health or safety,or a violation of law, rule.or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress: (2) An Inspector General: (3) The Government Accountability Office: (4) A Treasury employee responsible for contract or grant oversight or management. (5) An authorized official of the Department of Justice or other law enforcement agency: (6) A court or grand jury: or (7) A management official or other employee of CONTRACTOR. or a subcontractor who has the responsibility to investigate, discover. or address misconduct. (a) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043. 62 FR 19217 (Apr. 18, 1997). CONTRACTOR is encouraged to adopt and enforce on-the-iob seat belt policies and programs for their employees when operating company-owned. rented or personally owned vehicles. and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513. 74 FR 51225(Oct. 6. 2009). CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving. and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract.including. but not limited to. the following: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964. as amended, which prohibits exclusion from participation. denial of the benefits of. or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the around of race. color, or national origin (42 U.S.C. &2000d et seq.). as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166: directives: circulars: policies: memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166. "Improving Access to Services for Persons with Limited English Proficiency (LEP)." seeks to improve access to federally assisted programs and activities for individuals who. because of national origin. are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs. services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly. CONTRACTOR shall initiate reasonable steps. or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services. including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource. the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP. please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONT-RACTOR'ssuccesscrs. tier.sf4rees and assianees-for-the uer-ied-in.which such assistance-is-provided T-- B-7 (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors. transferees and assignees. The subcontractor, successor. transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of. or otherwise discriminating against a person on the basis of race. color, or national origin(42 U.S.C. 6 2000d et seg.): as implemented by Department of the Treasury Title VI regulations. 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also extends protection to persons with "Limited English proficiency"in any program or activity receiving federal financial assistance. 42 U.S.C. 6 2000d et seq.. as implemented by Department of the Treasury Title VI regulations. 31 CFR Part 22. which are herein incorporated by reference and made a part of this contract(or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury.this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided. this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration. mediation.litigation.and monitoring of any settlement agreements that may result from these actions.CONTRACTOR shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination. CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency_ finding of discrimination, please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities. CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. B-8- ATTACHMENT"1" NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS TITLE 49. CODE OF FEDERAL REGULATIONS. PART 29 CONTRACTOR certifies, by signing and submitting this form, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid. by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of any Federal agency. a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement. and the extension,continuation, renewal. amendment. or modification of any Federal contract, grant. loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract. grant. loan. or cooperative agreement. the undersigned shall complete and submit Standard Form-LLL. "Disclosure of Lobbying Activities." in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31. U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10.000 and not more than $100.000 for each such failure. CONTRACTOR also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts. which exceed$100.000 and that all such subrecipients shall certify and disclose accordingly. Signature: � , ��/�� Printed Name: Nathan Rivers Title: President Firm Name: SETEX Construction Corp. 8-9- SECTION "C" 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,February 18,2026 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, February 18, 2026 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: WEST 19TH STREET DRAINAGE IMPROVEMENT 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 11:00 A.M. ON THURSDAY, FEBRUARY 5, 2026 AT CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET, PORT ARTHUR,TEXAS. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. (?4 GfAaaJit,, Cliftet Williams Purchasing Manager FIRST PUBLICATION: January 28, 2026 SECOND PUBLICATION: February 4,2026 CITY OF PORT ARTHUR Advertisement for Bids VWes-t_14th street Drainagelmprove_n_ent __ January 28, 2026 February 4, 2026 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS • Notice is hereby given that sealed bids,addressed to the City of Pal Arthur,will be received at the Office of the City Secretary,City • Hall 444 4th Street or P.Ct:Box 1089, Port Arthur,Texas'7`764/ no later than 3:00 p.m.,Wednesday,February 18,2026 and all bids received will thereafter be opened and read_aloud at 3:15 p.m.,on Wednesday, February 18,2026-in the City Council Chambers,5th Floor,City Hall,Port Arthur,Texas forcertain serif- ices briefly described as: • WEST 19TH-STREET DRAINAGE IMPROVEMENT • `Bids received after the deadline stated above, regardless of method of delivery,will not be considered returned unopened. Copies of the Specifications and oth ontract Documents are on fll `in the Purchasing Office, Street,city of PortArthur, and**open open for public inspect without sbarge.They can also be is retrieved from the City's website at www.portarthurbcgov/bids.aspx or www ublicpurchase:corn NON-MANDATORY PRE-BIO MEETING IS SCHEDULED.FOR 11:00 A.M ON T SDAY,FEBRUARY 5,:2026 AT CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET PORT ARTHUR,TEXAS. Per:Chapter 2 Article VI Sec.2-262(0 of the City's:Code of Ordi- nance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City.; • Gtiitta Witlia cen PUBLIC NOTICE Clifton Williams Purchasing Manager CITY OF PORT ARTHUR,TEXAS /s/Clifton Williams . ___ ADVERTISEMENT FOR BIDS Clifton Williams Purchasing Manager 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,February 18,2026 and all bids received will thereafter be opened and read aloud at 3:15 p.m:, on Wednesday, February 18, 2026 in the City Council Chambers,5th Floor City Ha`i,Port Arthur.Texas for certain serv- ices briefly described as: WEST 19TH STREET DRAINAGE IMPROVEMENT 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_govfbids.aspx or www.publicpurchase.com. NON-MANDATORY;00 A.M.ONTTHURSDAYY,,Ip BRUARY 5,2026 AT CITY FORULED CITY HALL COUNCIL CHAMBERS LOCATED AT 444 4TH STREET,PORT ARTHUR,TEXAS. Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordi- nance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Chitta Willie cent Clifton Williams Purchasing Manager /s/Clifton Williams Clifton Williams Purchasing Manager SECTION "D" BID SHEET . BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR,TEXAS 77640 Proposal of(hereinafter called"BIDDER"),organized and existing under the laws of the State of Texas, doing business as *SETEX Construction Corp., and acting by and through, to the CITY OF PORT ARTHUR, Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of WEST 19TH STREET DRAINAGE IMPROVEMENTS in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within 180 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $1,500 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 54 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: ADDENDUM NO.ONE(1) -FEBRUARY 13,2026 ADDENDUM NO.THREE(3)-FEBRUARY 26,2026 ADDENDUM NO.TWO(2) -FEBRUARY 18,2026 ADDENDUM NO.FOUR(4)-MARCH 2,2026 *Insert"a corporation," "a partnership," or"an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: D-1 ITEM DESC ALT DESCRIPTION QTY UNIT UNIT PRICE UNIT PRICE (WRITTEN) TOTAL CODE CODE BID SCHEDULE BASE BID ITEMS One Thousand One Hundred TwentyDollars 100 7002 PREPARING ROW 27.00 STA. $1,120.00 $ 30,240 and Cents Per Station 104 7001 REMOV CONC (PAV) 820.00 SY $ 45 Forty-Five Dollars $ 36,736 and Cents Per Square Yard Forty-Five Dollars 104 7011 REMOV CONC (DRIVEWAYS) 340.00 SY $ 45 $ 15,232 and Cents Per Square Yard 104 7013 REMOVE (SIDEWALK, RAMP OR 15.00 SY $ 56 Fifty-Six Dollars $ 840 SUP) and Cents Per Square Yard 104 7018 REMOV CONC (CURB OR CURB & 1500.00 LF $ 8 Eight Dollars $ 11,276 GUTTER) and Cents Per Linear Foot D-2 W 19TH STREET DRAINAGE IMPROVEMENT ITEM DESC ALT DESCRIPTION QTY UNIT UNIT PRICE UNIT PRICE (WRITTEN) TOTAL CODE CODE BID SCHEDULE BASE BID ITEMS Eleven Dollars 160 7002 FURN&PLACE TOPSOIL(4") 3080.00 SY $ 11 $ 35,280 and Cents Per Square Yard HYDRO MULCH SEED Three Dollars 164 7020 $ 8,064 (PERM URBAN_CLAY) 3080.00 SY $ 3 and Cents Per Square Yard Two Thousand Two PLANT MATERIAL(100 GAL) Hundred Forty Dollars 192 7042 1.00 EA $ 2,240 $ 2,240 (TREE) and Cents Per Each One Hundred Thirty-Four Dollars 360 7016 CONC PVMT (CPCD) (6") 820.00 SY $ 134 $ 110,208 and Cents Per Square Yard Two Hundred Nineteen Dollars 464 7003 RC PIPE(CL III) (18 IN) 130.00 LF $ 219 $ 28,432 and Cents Per Linear Foot D-3 W 19TH STREET DRAINAGE IMPROVEMENT ITEM DESC ALT DESCRIPTION CODE CODE QTY UNIT UNIT PRICE UNIT PRICE (WRITTEN) TOTAL BID SCHEDULE BASE BID ITEMS Three Hundred Seventy-Seven Dollars 464 7005 RC PIPE (CL III) (24 IN) 30.00 LF $ 377 $ 11,322 and Cents Per Linear Foot Two Hundred Fifty-Three Dollars 464 7007 RC PIPE (CL III) (30 IN) 75.00 LF $ 253 $ 18,975 and Cents Per Linear Foot Two Hundred Three 464 7008 RC PIPE (CL III) (36 IN) 2430.00 LF $ 203 Dollars $ 492,353 and Cents Per Linear Foot Twenty-Two Thousand Seven 465 7003 MANHOLE (COMPL) (PRM) (60 IN) 1.00 EA $ 22,743 Hundred Forty-Three Dollars $ 22,743 and Cents Per Each Nine Thousand Seven Hundred Ninety-Three Dollars 465 7017 INLET (COMPL) (PCO) (4FT) (NONE) 1.00 EA $ 9,793 $ 9,793 and Cents Per Each D-4 W 19TH STREET DRAINAGE IMPROVEMENT ITEM DESC ALT DESCRIPTION CODE CODE QTY UNIT UNIT PRICE UNIT PRICE (WRITTEN) TOTAL BID SCHEDULE BASE BID ITEMS Ten Thousand Eight Hundred 465 7019 INLET (COMPL) (PCO) (4FT) 1.00 EA $ 10,815 Fifteen Dollars $ 10,815 (RIGHT) and Cents Per Each Nine Thousand Seven Hundred Thirty-One Dollars 465 7022 INLET (COMPL) (PCO) (5') (LEFT) 5.00 EA $ 9,731 $ 48,654 and Cents Per Each Nine Thousand Four 465 7023 INLET(COMPL) (PCO) (5') (RIGHT) 2.00 EA $ 9,451 Hundred Fifty-One Dollars $ 18,902 and Cents Per Each Twelve Thousand Four Hundred Thirty-Nine Dollars 465 7024 INLET (COMPL) (PCO) (5FT) (BOTH) 1.00 EA $ 12,439 $ 12,439 and Cents Per Each Eleven Thousand Five 465 7185 INLET(COMPL) (CO) (10 FT) (FTW) 2.00 EA $ 11,576 Hundred Seventy Six Dollars $ 23,151 and Cents Per Each D-5 W 19TH STREET DRAINAGE IMPROVEMENT ITEM DESC ALT DESCRIPTION QTY UNIT UNIT PRICE UNIT PRICE (WRITTEN) TOTAL CODE CODE BID SCHEDULE BASE BID ITEMS Sixteen Thousand Two 465 7186 INLET (COMPL) (CO) (15 FT) (FTW) 1.00 EA $ 16,236 Hundred Thirty-Six Dollars $ 16,236 and Cents Per Each Eighteen Thousand Seven MANH (COMPL) (TY SD) (7' 18,736 Hundred Thirty-Six Dollars 18,736 X 6' - 3' X 3') FTW 465 7272 1.00 EA $ $ (FTW) and Cents Per Each One Thousand One 496 7002 REMOV STR(INLET) 13.00 EA $ 1,120 Hundred Twenty Dollars $ 14,560 and Cents Per Each Five Thousand Forty 496 7003 REMOV STR (MANHOLE) 1.00 EA $ 5,040 Dollars $ 5,040 and Cents Per Each Eighteen Dollars 496 7007 REMOV STR(PIPE) 1910.00 LF $ 18 $ 35,090 and Cents Per Linear Foot D-6 W 19TH STREET DRAINAGE IMPROVEMENT ITEM DESC ALT DESCRIPTION QTY UNIT UNIT PRICE UNIT PRICE (WRITTEN) TOTAL CODE CODE BID SCHEDULE BASE BID ITEMS Forty-Four Thousand 500 7001 MOBILIZATION 1.00 LS $ 44,800 Eight Hundred Dollars $ 44,800 and Cents Per Lump Sum One Thousand Five BARRICADES SIGNS AND TRAFFIC Hundred Eighty-Seven Dollars 502 7001 HANDLING 6.00 MO $ 1,587 $ 9,520 and Cents Per Month 506 7039 TEMP SEDMT CONT FENCE 4040.00 LF $ 2 Two Dollars $ 6,720 (INSTALL) and Cents Per Linear Foot 506 7043 BIODEG EROSN CONT LOGS 350.00 LF $ 3 Three Dollars $ 1,137 (INSTALL) (8") and Cents Per Linear Foot Ten Dollars 529 7002 CONC CURB (TY II) 1500.00 LF $ 10 $ 14,336 and Cents Per Linear Foot D-7 W 19TH STREET DRAINAGE IMPROVEMENT ITEM DESC ALT DESCRIPTION CODE CODE QTY UNIT UNIT PRICE UNIT PRICE (WRITTEN) TOTAL BID SCHEDULE BASE BID ITEMS One Hundred Forty-Six Dollars 530 7006 DRIVEWAYS (CONC) 340.00 SY $ 146 $ 49,504 and Cents Per Square Yard One Hundred Forty-SixDollars 531 7001 CONC SIDEWALK (4") 20.00 SY $ 146 and Cents $ 2,912 Per Square Yard Two Hundred Twenty-Four 644 7065 RELOCATE SM RD SN SUP&AM TY 1.00 SY $ 224 Dollars $ 224 10BWG and Cents Per Square Yard Three Hundred Thirty-Six 752 7007 TREE REMOVAL(18" - 24" DIA) 1.00 EA $ 336 Dollars $ 336 and Cents Per Each $ Dollars and Cents TOTAL AMOUNT $ 1,166,843.00 D-8 W 19TH STREET DRAINAGE IMPROVEMENT SUBSTITUTIONS 1. No Bid (Add) (Deduct1 $ 2. No Bid (Add) (Deduct) $ Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract the lowest responsible bidder submitting a responsive bid based on the basis of [TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the OWNER.] The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the Contractor. Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure payment for all labor and materials. The bid security attached, without endorsement, in the sum of no less than five percent (5%) of the amount bid, is to become the property of THE CITY OF PORT ARTHUR, TEXAS, in the event the contract and bonds are not executed within the time above set forth, as liquidated damages without limitation. D-9 W 19TH STREET DRAINAGE IMPROVEMENTS Respectfully submitted: SETEX Construction Corp. (NAME OF CONTRACTOR) 501 Procter Street, Suite 203 Port Arthur,Texas 77640 (ADDRESS) By: Nathan Rivers 409-842-8181 (TELEPHONE NUMBER) TITLE: President N/A (LICENSE NUMBER IF APPLICABLE) DATE: 3/4/2026 Prachiti Shah (SEAL,IF BIDDER IS A CORPORATION) (ATTEST) W 19T"STREET DRAINAGE IMPROVEMENTS CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: WEST 19TH STREET DRAINAGE IMPROVEMENT TREE REMOVAL BID DUE DATE: MARCH 4,2026 DESCRIPTION COST WEST 19TH STREET DRAINAGE IMPROVEMENT TREE REMOVAL $ V2-00 ' p O Work will complete in t 6 0 calendar days. SETEX Construction Corp. 501 Procter street suite 203 COMPANY 7 STREET ADDRESS 77 J SIGNATURE OF BIDDER P.O. BOX Nathan Rivers Port Arthur Texas 77640 (PRINT OR TYPE NAME) CITY STATE ZIP President 409-842-8181 TITLE AREA CODE TELEPHONE NO. setex@setexconstruction.com EMAIL D-9 SECTION "E" 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. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: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: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur,in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,rules,orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest,direct or indirect,in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 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 Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract,whether the operations be 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. SECTION "F" NOTICE OF AWARD % CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., e .� CITY MANAGER MAYOR PRO TEM City of "�'� ;� SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. o r t r t h u TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO DONEANE BECKCOM lexas CITY ATTORNEY THOMAS KINLAW,III 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. https://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 CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM ^ HAROLD L.DOUCET,SR., Energy CITY MANAGER of 4+ry MAYOR PRO TEM SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. ort rthur TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO DONEANE BECKCOM Texas CITY ATTORNEY THOMAS KINLAW,IH DONALD FRANK,SR. NOTICE OF AWARD Contractor Name Date Page 2 Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default and to annul this Notice of Award. OWNER: CITY OF PORT ARTHUR,TEXAS BY: Clifton Williams, Purchasing Manager ACCEPTANCE OF AWARD: Contractor: Signature: Print: Title: Date: CC: Page 2 of 2 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 SECTION "G" NOTICE TO PROCEED , i CHARLOTTE M.MOSES,MAYOR %%- RONALD BURTON,CPM HAROLD L.DOUCET,SR., City of enery r CITY MANAGER MAYOR PRO TEM j ,� ,EP: SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. t r t h U TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO DONEANE BECKCOM ['�x CITY ATTORNEY THOMAS KINLAW,IH DONALD FRANK,SR. NOTICE TO PROCEED Date Contractor 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 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 "H" INSURANCE ® DATE (MMIDD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, (A/C.No,Ext): Nol: E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE ADDLSUBR POLICYNUMBER POLICYEFF POLICY EXP LIMITS LTR _NSF( WVD (MMIDD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY PRO- 7 LOC _ $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMI r� (Ea accident) BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident) $ AUTOS D AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- 0TH- A ND EMPLOYERS'LIABILITY YIN TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE l I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION "I" TECHNICAL SPECIFICATIONS The Specifications are the information presented in the drawing. SECTION "J" GOVERNING CONSTRUCTION SPECIFICATIONS GOVERNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation(TXDOT)2024 Standard Specifications for Construction of Highways,Streets and Bridges as adopted by the State of Texas. These items which are listed below and which are contained in the TX DOT 2024 Standard Specifications are hereby adopted and made part of the Contract Documents to the same extent as if they were herein reproduced in full subject to such modifications, revisions or supplements as may appear in the section entitled Special Provisions in these Contract Documents to follow: Standard Specifications: Item 5 Control of Work Item 7 Legal Relations and Responsibilities Item 8 Prosecution and Progress Item 100 Preparing Right of Way Item 104 Removing Concrete Item 105 Removing Stabilized Base and Asphalt Pavement Item 110 Excavation Item 132 Embankment Item 164 Seeding for Erosion Control Item 210 Rolling Item 247 Flexible Base Item 260 Lime Treatment(210)(216) Item 276 Cement Treatment(Plant Mix)(204)(210)(216)(300)(520) Item 300 Asphalts,Oils,and Emulsions Item 340 Dense-Graded Hot-Mix Asphalt(Method)(300)(301)(320)(520)(585) Item 360 Concrete Pavement(421)(420)(438)(440)(529) Item 400 Excavation and Backfill for Structures(132)(402) Item 402 Trench Excavation Protection Item 403 Temporary Special Shoring Item 420 Concrete Structures Item 432 Riprap Item 462 Concrete Box Culverts and Drains Item 464 Reinforced Concrete Pipe Item 465 Manholes and Inlets(420)(421)(427)(440)(442)(471) 0-1 Item 479 Adjusting Manholes and Inlets Item 496 Removing Structures Item 500 Mobilization Item 502 Barricades,Signs,&Traffic Handle Item 504 Field Office and Laboratory Item 506 Temporary Erosion,Sedimentation,and Environmental Controls Item 529 Concrete Curb&Gutter(360)(420)(421)(440) Item 530 Driveways and Turnouts(247)(276)(360)(421)(440) Item 531 Sidewalks Item 560 Mailbox Assemblies Item 644 Small Roadside Sign Support and Assemblies(421)(440)(441)(442)(445)(634)(636) (643)(656) Item 764 Pump Stations and Drainage System Cleaning 0-2 SECTION "K" HOUSE BILL 89 VERIFICATION House Bill 89 Verification I, Nathan Rivers (Person name), the undersigned representative (hereafter referred to as "Representative") of SETEX Construction Corp. (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (21,4 SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 25th day of February , 20 26 . SECTION "L" NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid/ posal. Signature: //V Printed Name: Printed Name: Nathan Rivers Title: President Company: SETEX Construction Corp. Date: 2/23/2026 SUBSCRIBED and sworn to before me by the above named Nathan Rivers on this the 23rd day of February , 20 26 tJ l� .`��yu% LYNIDA CLIFTON Notary Public in and for the ` �?Notary Public.State of Texas State of Texas =a. '= Comm Expires 11-17-2027 % olo Notary ID 11799700 My commission expires: SECTION "M" AFFIDAVIT AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to 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. SETEX Construction Corp. 2/23/2026 Firm Name(xi/ Date President Authorized Signature Title Nathan Rivers 409-842-8181 Name (please print) Telephone setex@setexconstruction.com Email STATE: Texas COUNTY: Jefferson SUBSCRIBED AND SWORN to before me by the above named Nathan Rivers on this the 23rd day of February ,20 26 . �. �,, LYNIDA CUFTON ' +�,_ r� �, �S •: ;(%Notary Public,St�tc Gf Taxas �'t( ] , Vim' Dn 474 Comm.Expires 11-17-2027 Notary Public a��•..•'ice: :�.F�� Notary ID 11799700 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION "N" SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION I, Nathan Rivers ,the undersigned an representative of SETEX Construction Corp. (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Nathan Rivers Name of Company presentative(Print) Signature of Company epresentative 2/25/2026 Date SECTION "0" QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED TO: CITY OF PORT ARTHUR BY SETEX Construction Corp. [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE 501 Procter Street Suite 203 Port Arthur, Texas 77640 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years have your organization been in business as a general contractor under your present business name: 35 Years 2. How many years' experience in this type of construction work has your organizationhad? (a) As a general contractor 35 Years (b) As a sub-contractor 35 Years 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner Attached to this bid o-i ■ 4. Have you ever failed to complete any work awarded to you? No If so, where and why? 5. In what manner have you inspected this proposed work?Explain in detail. SETEX Construction Corp. has reviewed all plans, specifications, addenda, and contract documents. A site visit was conducted to evaluate existing conditions, access, utilities, and potential construction constraints. Our proposal reflects these observations and current pricing. 6. Explain your plan or layout for performing the proposed work: Upon Notice to Proceed, we will mobilize personnel and equipment, implement traffic control and safety measures, and perform the work in accordance with a detailed construction schedule. A superintendent will be on site daily to coordinate 7. The work, if awarded to you, will have the personal supervision of whom? (a) For administrative management? Prachiti Shah - pshah@setexconstruction.com (b) For resident construction superintendence? Gregory Taylor (c) What experience in this type of work is enjoyed by the superintendent designated under(b) above? The designated superintendent has extensive experience in municipal infrastructure projects, including drainage, utilities, and public works construction, with successful completion of similar projects for local public entities. 8. What portions of the work do you intend to sub-let? None 0-2 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity,Etc. Condition Service Location To be determined 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? Yes • 0-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer Attached to this bid Dated at Beaumont Texas this 3rd day of March ,2026 By: Nathan Rivers TITLE: President 0-4 Projects Our Organization Has Completed Name of Organization SETEX Construction Corp. Project Owner Beaumont ISD Project Name BISD Smith and Odom Sewer Line Replacement General Description of Project Sewer Line Replacement. Project Cost 432,605.00 Date Project 2024 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Anthony Messina Dario Moreno Anthony Messina Anthony Messina Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Mark Mclelland Construction Manager Beaumont ISD 409.656.4300 mmcclel@bmtisd.com Designer Ben Tristan Engineer Fittz&Shipman btristan@fittzshipman.com Construction Manager Project Owner Meeker Muniocipal Water District Project Name Old Sour Lake Road Water Line Extension _ General Description of Project 10"Waterline Install 1285 LF Project Cost 94,885.00 Date Project 2024 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager _ Name Anthony Messina Dario Moreno Sean Clifford Anthony Messina Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Kieth Zotzky Water Utilities Designer AWC Engineering 281.543.2663 kieth.zotzky@awceng.com Construction Manager Project Owner Lamar State College Port Arthur-LSCPA Project Name Waterline Replacement General Description of Project Replacement of 1/4 Mile of 12"waterline. Project Cost 125,000.00 Date Project 2024 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Michael Waidley Jeramy Pavlich Jeramy Pavlich Jeramy Pavlich Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Reed Richard Facilitation Manager LSCPA richardrj@lamarpa.edu Designer Kreston Cole Engineer AWC Engineering 409.724.7888 kreston.cole@awceng.com Construction Manager Marcus Swayzer Construction Manager Hill International 281.714.5825 MarcusSwayzer@hillintl.com 5ETEFA Projects Our Organization Has Completed Name of Organization SETEX Construction Corp. Project Owner City of Beaumont, Texas Project Name Forsythe Street Upgrade and Drainage Improvements General Description of Project Installation of new manholes for the storm waterline. Project Cost 683,166.00 Date Project 2024 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Jim Shell Sean Clifford Sean Clifford Sean Clifford Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner David Tingle Public Works Manager City of Beaumont (409) 785-4781 david.tingle@beaumonttexas.gov Designer Jeff Leavins Engineer LEAD Engineering 409.245.5130 j.leavins@leadllc.com Construction Manager Project Owner City of Colmesneil, Texas Project Name _City of Colmesneil, Texas Waterline Replacement General Description of Project Water Line and Road Crossing Improvements Project Cost 372,523.00 Date Project 2024 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Nathan Rivers Jeramy Pavlich Jeramy Pavlich Jeramy Pavlich Reference Contact Information(listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Stephen West City of Colmesneil (409) 245-5130 swest@leadllc.com Designer John Forsythe Engineer LEAD Engineering (409)245-5130 jforsythe@leadlIc.com Construction Manager Project Owner City of Port Arthur,Texas Project Name City of Port Arthur, Texas Waterline Repairs for Utilities General Description of Project Type Annual Contract-Water Leak Repairs for Utilities Operations Project Cost 500,000.00 Date Project 2024 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Anthony Messina Ryan Revia Ryan Revia Ryan Revia Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Jess Liao Engineer City of Port Arthur 409.983.8193 jess.liao@portarthurbc.gov Designer Construction Manager i5W 5E7E41114 woo m Current Projects Name of Organization SETEX Construction Corp. Project Owner Ohio Casualty Insurance Company Project Name Sulphur High School Hurricane Laura Repairs General Description of Project Hurricane Laura repairs to Sulphur High School,takeover project from Ryder&Ryder Construction. Project Cost $6,668,000.00 Date Project May 9,2025 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Jim Shell and Jeramy Zachary Austin Clifford Derick J Robinson s David Fontaine Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Natalie Graham Program Director CSRS Inc. (833)523-2526 natalie.graham@csrsinc.com Designer Stephen Darre Architect LACHIN Architects (504)835-8013 stephen@lachinarch.com Construction Manager Maddie LeBeau Consultant The VERTEX Companies (410)707-0957 mlebeau@vertexeng.com Project Owner Calcasieu Parish School Board Project Name Rosteet Annex Hurricane Laura Repairs General Description of Project Hurricane Laura repairs to Rosteet Annex,takeover project from Ryder&Ryder Construction. Project Cost $3,190,000.00 Date Project June 26,2025 Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Jim Shell and Jeramy Zachary Aaron Bounds Derick J Robinson David Fontaine Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Natalie Graham Program Director CSRS Inc. (833)523-2526 natalie.graham@csrsinc.com Designer Chris Goodloe Architect Randy M.Goodloe (337)436-3036 chris.g@goodloe.com Construction Manager Jim Shell and Jeramy Zachary Project Managers SETEX Construction Corp. (409)842-8181 bids@setexconstruction.com Project Owner City of Ivanhoe Project Name CDGB-MIT HUD MID Lake Ivanhoe Dam Project General Description of Project City of Ivanhoe, Texas—CDGB-MIT HUD MID Lake Ivanhoe Dam Project Project Cost $ 1,769,465.42 Date Project Key Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Derick Robinson John Robinson Derick J Robinson Sean Clifford Reference Contact Information(listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager W. Chad Carpenter, PE Project Manager LJA Engineering 409.833.3363 wcarpenter@lja.com 5ETE)( el%IN CONSNiUCi7U in: N!e df SECTION "P" I 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 TXDOT. 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 FRADULENT STATEMENTS AND RELATED ACTS 3. 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 TXDOT 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. 4. 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 TXDOT 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)(I)on the Contractor,to the extent the Federal Government deems appropriate. 5. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. 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 applies to this Contract: • Where the Purchaser is not a State but a local government and is the TXDOT Recipient or a subgrantee of the TXDOT Recipient in accordance with 49 C. F. R. 18.36(i),the Contractor agrees to provide the Purchaser,the TXDOT 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 TXDOT 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 TXDOT regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and TXDOT, 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 TXDOT 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 TXDOT 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 TXDOT 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 TXDOT 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 TXDOT, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE 1DBE1 7. 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. 8. 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. 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. 8. 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 and29.945. 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. 9. BUY AMERICA REOUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323G) 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. 53230)(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. 10. RESOLUTION OF DISPUTES.BREACHES ANDOTHER 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. 11. RESTRI CTIONS ON LOBBYING, (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law I01-121, 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. 12. CLEAN AIR a) 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. b) 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. 13. 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 subcontractexceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. 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 15. FLY AMERICA REOUIREMENTS 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. 16. DAVIS 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.S(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 3.1!) enumerated at 29 CFR 5.S(a)and reproduced below. The clause language is drawn directly from 29 CFR 5.S(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 (!)(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 always be posted 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: (I) 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 bythe 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 asset 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 l(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 CPR 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 CPR 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 CPR 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 dispute's 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). 7. 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). 8. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 17. CONTRACT WORK HOURS AND SAFETY STANDARDS 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(I)of this section the contractor and any subcontractor responsible therefore shall he 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 he 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 he 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 he 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 he responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this section. 18.BONDING BID SECURITY: Bids shall he accompanied by a hid guarantee of not less than five percent (5%) of the amount of the total hid which shall he a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a hid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REOUIREMENTS;La 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. 19. 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. 20.PRIVACY ACT Annlicabilitv 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. 21.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 I982, as amended," 49 C.F.R. 661.12, but has been modified to include CITY's Buy America requirements codified at 49 U.S.C. A53230). 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: I. 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 I) 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 final 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 22. ENERGY POLICY AND CONSERVATION ACI 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.). 23. BID PROTESTS. (I) 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 theCity Council. 24. RECYCLED 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 CFR247. --SE-CTTON'O" GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause; Termination of Contract for Convenience 4. Personnel 5. Reports and Information 6. Records and Audits 7. Findings Confidential 8. Copyright 9. Compliance with Laws 10. Interest of Members of City of Port Arthur 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 17. Materials, Services and Facilities 18. Contractor's Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal"Clause 21. Patents 22. Surveys 23. Contractor's Obligations 24. Insurance 25. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 26. Suspension of Work F-4 27. National Historic Preservation Act of 1966 28. Required Provisions Deemed Inserted 29. Safety and Health Regulations for Construction 30. Use and Occupancy Prior to Acceptance by Owner 31. Use of Premises and Removal of Debris 32. Quantities of Estimate 33. Lands and Rights-of-Way 34. Conflicting Conditions in Contract Documents 35. Notice and Service Thereof 36. Separate Contract 37. Subcontracting 38. Architect/Engineer's Authority 39. Meaning of Intent 40. Contract Security 41. Additional or Substitute Bond 42. Assignments 43. Mutual Responsibility of Contractors 44. Acceptance of Final Payment Constitutes Release 45. Payments by Contractor 46. Construction Schedule 47. Payments to Contractor 48. Correction of Work 49. Subsurface Conditions Found Different 50. Claims for Extra Cost 51. Changes in Work 52. Extras 53. Time for Completion and Liquidated Damages 54. Weather Conditions F-5 55. Protection of Work and Property--Emergency 56. Inspection 57. Superintendent by Contractor 58. Civil Rights Act of 1964 59. Section 109 of the Housing and Community Development Act of 1974 60. Indemnification 61. Delays 62. Maintenance of Work 63. Antitrust 64. Labor, Materials, and Equipment 65. Delay, Disruption and/or Other Claims 66. Differing Site Conditions 67. Physical Conditions—Underground Utilities F-6 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Sub-contractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at)the Project":Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur,Texas. e. "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. f. "ENGINEER": City Engineer, City of Port Arthur,Texas 3. TERMINATION OF CONTRACT FOR CAUSE; TERMINATION OF CONTRACT FOR CONVENIENCE Termination for Cause. If,through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR- PUBLIC WORKS, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. Termination for Convenience. The CITY OF PORT ARTHUR may, by written notice to CONTRACTOR, terminate this Contract for convenience, in whole or in part, at any time by giving written notice to CONTRACTOR of such termination, and specifying the effective date thereof. If F-7 the termination is for the convenience of the CITY OF PORT ARTHUR, the CITY OF PORT ARTHUR shall compensate CONTRACTOR for work fully and adequately provided through the effective date of termination. CONTRACTOR specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all Personnel required in performing the work under this Contract. Such personnel shall not be Employees of or have any contractual relationship with the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three(3)years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORTARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. F-8 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The 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. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and F-9 the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute,complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for F-10 testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 20. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names,trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. b. If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that,without exception,the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with F-11 work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS a. The Engineer will provide one bench mark, near or on the site of the work, and will provide 2 points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the work. b. The CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the General Requirements) and shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor's employees, the CONTRACTOR shall be responsible for the accurate replacement of such reference points by professionally qualified personnel at no additional cost to the OWNER. c. Unless otherwise expressly provided for in the Specifications, the OWNER will furnish the CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5.) 25. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead- Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under subpart F-12 B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 26. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 27. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 28. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted,then upon the application of either party,the Contract shall forthwith be physically amended to make such insertion or correction. 29. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract,the CONTRACTOR F-13 shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 30. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s)permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 31. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that 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 removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 32. QUANTITIES OF ESTIMATE F-14 Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 33. LAND AND RIGHTS-OF-WAY Prior to the start of construction,the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 34. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Section U Federal Clauses, Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds (if any), Proposal, Special Conditions(including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 35. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 36. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTOR'S. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTOR'S and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTOR'S. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 37. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor,which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. F-15 d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. In addition to the provisions,the CONTRACTOR shall perform not less than 50 percent of the"Services" as shown on the bid form with its own forces. The 50 percent requirement shall be understood to refer to the "Services" line on the bid form, based on estimated quantities. 38. ARCHITECT/ENGINEERS AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers' estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 39. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 40. CONTRACT SECURITY If the Contract amount exceeds Twenty-five Thousand Dollars($25,000), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000.00) a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent(100%) than that prescribed by state, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 41. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond(or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 42. ASSIGNMENTS F-16 The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 43. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 44. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 45. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay (a)for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b)for all materials, tools and other expendable equipment to the extent of ninety percent(90%) cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials,tools and equipment are incorporated or used, and (c)to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 46. CONSTRUCTION SCHEDULE A. The successful Bidder shall, within seven (7) calendar days of the date of the Notice of Award and prior to issuance of the Notice to Proceed, submit a detailed Critical Path Method (CPM) Construction Schedule, hereinafter called"Schedule".The Schedule shall follow the"Sequence of Work" which is listed in the Scope of Work section of these Contract Documents. The Schedule shall consist of the following: 1. A logic network CPM arrow or precedence diagram of sufficient detail to construct each segment of the project and to construct the total project. 2. A detailed activities list which includes the following information in tabular form: a. A listing of all submittals, production, procurement and construction F-17 management activities. b. The expected duration (in days) of each activity listed; c. The activities upon which the start of each activity depends; d. The resource requirements(manpower, material and equipment)for each activity; and e. An estimated dollar value of each activity such that the sum total value of all activities equals the total dollar value of the Bid. B. The Owner will review with the CONTRACTOR the proposed CPM schedule submitted by the CONTRACTOR. The purpose of this review is to assure adequate planning for the proper and timely execution of the Work and to assist the Owner in appraising the suitability of the proposed network Schedule for construction of the project. C. Upon acceptance by the OWNER the Schedule will become the basis for monitoring and measuring the progress of the Work. To assure proper tracking of progress throughout the performance of the Work, the CONTRACTOR shall maintain and continuously update his detailed network Schedule. The CONTRACTOR shall, during the first week of each month and at other times as the OWNER may request, furnish to the OWNER an updated schedule which is clearly marked to show the actual percent completion of each activity as of the date of the Schedule update. The CONTRACTOR shall submit with the Schedule update, a narrative report of the progress made during the period covered by the Schedule update. This report shall outline accomplishments during the reporting period and shall include a discussion of problems encountered and of how those problems have been or will be dealt with. The narrative report shall also include a discussion of changes or other items encountered which, in the opinion of the CONTRACTOR, may cause problems to the future progress of the Work.The CONTRACTOR shall include in the report a plan of action for overcoming the potential problems stated. a. The OWNER retains the right to withhold progress payments until the CONTRACTOR'S updated schedule has been accepted by the OWNER. b. During the course of the Work the Schedule may be revised by agreement of the OWNER and the Contractor. Each revision of the Schedule shall supersede and replace all previous versions of the Schedule. The revised Schedule shall include the following information: 1. Date of revision; 2. Identification of all changes made to the original schedule, including the incorporation of an anticipated Change Orders; 3. Concise narrative explanation of the reasons for each change. c. The CONTRACTOR may request Schedule revisions by submitting a revised Schedule in the form outlined above. However, if the OWNER cannot agree to the suggested revisions, the Contractor shall make those adjustments as may be required to maintain the original Schedule. d. Responsibility for the CONTRACTOR'S Schedule(s) in all aspects, assumptions and implications, either known or unknown, made or assumed, by the CONTRACTOR in the preparation of his Schedule(s), is entirely that of the CONTRACTOR. Acceptance of the F-18 CONTRACTOR'S schedule(s) by the OWNER shall in no way make the OWNER responsible for the execution or non-execution of the CONTRACTOR'S schedule nor is the OWNER responsible or liable in any way for any acts, errors, omissions or negligence of the CONTRACTOR or any Sub-contractor or any of the CONTRACTOR'S or Sub- contractor's agents, assigns, servants or employees or any other person, firm or corporation performing or attempting to perform the Work. 47. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30) calendar days from the date of submission to the City of Port Arthur,the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds$25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the City of Port Arthur Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer(ten)10 working days prior to the next scheduled City of Port Arthur Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to F-19 the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials,whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; F-20 (6) Social Security and old age unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent(15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, and any other general expenses. OWNER shall only direct the CONTRACTOR to perform a time and materials change order for extra work under(c) above after a determination by OWNER that no other type of change order is suitable for the changes in work(for example, a lump sum amount) and the change order shall include a ceiling price that the CONTRACTOR exceeds at its own risk. Notwithstanding any other provision in the Contract Documents, including, but not limited to, this Article 52 in the General Conditions, profit must be separately negotiated as an element of price on all change orders. To establish a fair and reasonable profit, consideration must be given to the complexity of the extra work, the risk borne by the CONTRACTOR, the CONTRACTOR's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. All costs must be (i) necessary and reasonable; (ii) allocable to the project; and (iii) adequately documented. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed,by and between the CONTRACTOR and the OWNER,that the time for the completion of the work described herein is a reasonable time for the completion of same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER,then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract,to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by F-21 the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided,that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7)hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. Provided, further, that the CONTRACTOR shall, within ten (10) working days after total calendar days delayed have been used up in the contract time and such delay thereafter, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefore as provided and if approved therefore by Engineer. Such delays shall include acts of neglect by the OWNER or others performing additional work, or by acts of God or of the public enemy, fire, floods, epidemics,quarantine restrictions,strikes,labor disputes,sabotage,or freight embargoes. All time limits stated in the Contract Documents are of the essence of the Agreement. Provided,that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS Inclement weather is any weather condition or conditions resulting immediately there-from, causing the CONTRACTOR to suspend construction operations or preventing the CONTRACTOR from profitably utilizing at least 75 percent of the normal labor and equipment force engaged on the Work. F-22 Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the forecast by the local NOAA Weather Reporting Station of 30% or greater chance of inclement weather, or the conditions resulting from the weather, or the condition of the Work prevents work from beginning at the usual starting time, and the crew is dismissed as a result thereof,the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations. In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. 56. PROTECTION OF WORK AND PROPERTY--EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. 57. INSPECTION The authorized representatives and agents of the shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice& Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program F-23 or activity of the City of Port Arthur. 60. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 61. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees,from and against all damages, claims, losses, demands, suits,judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 62. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY OF PORT ARTHUR to provide information or material, if any,which is to be furnished by the CITY OF PORT ARTHUR. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and 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 OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City of Port Arthur Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 63. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, F-24 correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under paragraph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State of Texas and such Paragraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 14. 64. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti-trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). 65. LABOR, MATERIALS, AND EQUIPMENT: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written notice and approval by the Engineer. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the OWNER any additional cost incurred by the OWNER as a result of such work. b. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime work, i.e.,work in excess of eight(8) hours in any one calendar day or forty(40) hours in any one (1)calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid to the CONTRACTOR for overtime work only in the event that extra work is ordered by the Engineer, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. c. All costs of inspection and testing performed during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR. The OWNER shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. d. Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, e. Telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the work. F-25 f. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer,the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the OWNER, nor any of the OWNER'S consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions. 66. DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly (but in no case later than ten (10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. 67. DIFFERING SITE CONDITIONS: a. The CONTRACTOR shall notify the Engineer in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery(but in no event later than 14 calendar days) and before they are disturbed: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed and 2. Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed. b. The Engineer will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the OWNER in writing of the Engineer's findings and conclusions. c. If the OWNER concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided, to reflect and document the consequences of the difference. d. In each such case, an increase or decrease in the Contract Price or an extension or reduction of the contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the OWNER and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in the General Conditions. e. The CONTRACTOR'S failure to give notice of differing site conditions within fourteen(14) F-26 I calendar days of discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith,whether direct,consequential,or inconsequential in nature. f. Nothing herein shall be deemed to require the OWNER to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction 68. PHYSICAL CONDITIONS - UNDERGROUND UTILITIES a. Shown or Indicated: The information shown or indicated in the Contract Documents with respect to existing, underground utilities at or contiguous to the site is based on information and data furnished to the OWNER or the Engineer by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions, the Owner and the Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground utilities shown or indicated in the Contract Documents,for coordination of the work with the owners of such underground utilities during construction,for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the Contract Price. b. Not Shown or Indicated: If an underground utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and shall notify the Engineer in accordance with the requirements of the General Conditions. F-27 SECTION "R" LABOR CLASSIFICATION AND MINIMUM WAGE SCALE a "General Decision Number: TX20230052 01/06/2023 Superseded General Decision Number: TX20220052 State: Texas Construction Type: Heavy Counties: Jefferson and Orange Counties in Texas. FLOOD CONTROL, including: Breakwaters, Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood Control Projects, Irrigation Projects, Jetties, Land Drainage (not incidental to other construction) , Land Leveling (not incidental to other construction) , Land Reclamation, Levees, Pipelines, Ponds Pumping Stations (prefabricated drop-in not building ) , Revetments. 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) (2)- (60) . IIf the contract is entered I . Executive Order 14026 I ) into on or after January 30, I generally applies to the I 12022, or the contract is I contract. I ' renewed or extended (e.g., an I . The contractor must pay I loption is exercised) on or I all covered workers at I )after January 30, 2022: I least $16.20 per hour (or I 1 l the applicable wage rate I listed on this wage I 1 determination, if it is I 1 ' higher) for all hours I 1 spent performing on the I 1 ' contract in 2023. I 1 ' I ' If the contract was awarded onl . Executive Order 13658 I 'or between January 1, 2015 andl generally applies to the I ' January 29, 2022, and the I contract. I Icontract is not renewed or I . The contractor must pay all 'extended on or after January I covered workers at least I 130, 2022: I $12.15 per hour (or the I I applicable wage rate listed on this wage determination, I if it is higher) for all I I hours spent performing on I 1 I that contract in 2023. I 1 ' I Or 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 01/06/2023 SUTX1990-035 01/31/1990 Rates Fringes CARPENTER $ 10.965 ** .90 Heavy Equipment Operator Heavy duty mechanic, blade grader (self-propelled) , bull clam, backfiller, derrick (power operated, all types) ; dragline, push cat operator; bulldozer & all types of cat tractors; cable-way; backhoe, shovel, crane (power operated, all types) , elevating grader (self- propelled) , hoist (motor driven 2 drums or more) , mix mobile, winch truck, locomotive crane, mixer (14 cubic feet or more) , paving mixer (all sizes) , scraper (heavy type over 3 CY) , trench machine (all sizes) , gradeall, high lift, foundation boring machine, gasoline or diesel driven welding machines (7 to 12 machines pumperete machines & drill operator, water well, tournapulls, DW-10 euclid, asphalt plants, crushing machines & batchplants, scoopmobiles, fingerlifts, open construction $ 7.25 ** LABORER $ 7.25 ** Light Equipment Operator Air compressor, blade grader (towed) , flexplane, form grader, mixer (less than 14 cu. ft. ) , pumps pulsometer, truck crane driver, gasoline or diesel driven welding machines (3 to 6 machines) , hoist (single drum) , scrapers (3 cu. yds. or less) $ 7.25 ** Oiler $ 7.25 ** Piledriver $ 7.25 ** PILEDRIVERMAN $ 11.26 ** .85 TRUCK DRIVER $ 7 .25 ** 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 ($16.20) or 13658 ($12.15) . Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave 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 EO 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 TWMAIMMMOMMMMW award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write 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 the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write 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 by 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 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIO" HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. Minimum wages and fringe benefits i. All laborers and mechanics employed or working upon the site of the work(or otherwise working in construction or development of the project under a development statute),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 basic hourly 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.As provided in 29 CFR 5.5(d) and(e),the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act(40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph (a)(1)(v)of these contract clauses;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 must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s)of work actually performed,without regard to skill,except as provided in 29 CFR 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 29 CFR 5.5(a)(1)(iii)) and the Davis-Bacon poster(WH-1321) must 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. Frequently recurring classifications A. In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to§ 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to 29 CFR 5.5(a)(1)(iii), provided that: 1. The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; 2. The classification is used in the area by the construction industry; and 3. The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination. B. The Administrator will establish wage rates for such classifications in accordance with 29 CFR 5.5(a)(1)(iii)(A)(3). Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. iii. Conformance A. The contracting officer must 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 be Previous editions obsolete 1 Form HUD-4010,(10/2023) ref. Handbook 1344.1 classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate 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 used 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. The conformance process may not be used to split,subdivide, or otherwise avoid application of classifications listed in the wage determination. C. 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 will be sent by the contracting officer by email to DBAconformance@dol.gov.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. D. 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 will, by email to DBAconformance@dol.gov, 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. E. The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under 29 CFR 5.5 (a)(1)(iii)(C)and (D).The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination.The wage rate (including fringe benefits where appropriate)determined pursuant to 29 CFR 5.5 (a)(1)(iii)(C) or(D) must 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. iv. Fringe benefits not expressed as an hourly rate 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 may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. v. Unfunded plans 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,in accordance with the criteria set forth in 29 CFR 5.28,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. vi. Interest In the event of a failure to pay all or part of the wages required by the contract,the contractor will be required to pay interest on any underpayment of wages. Previous editions obsolete 2 Form HUD-4010,(10/2023) ref. Handbook 1344.1 2. Withholding i. Withholding requirements The U.S. Department of Housing and Urban Development may,upon its own action,or must,upon written request of an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in 29 CFR 5.5(a) for violations of this contract,or to satisfy any such liabilities required by any other Federal contract,or federally assisted contract subject to Davis-Bacon labor standards,that is held by the same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work(or otherwise working in construction or development of the project under a development statute) all or part of the wages required by the contract,or upon the contractor's failure to submit the required records as discussed in 29 CFR 5.5(a)(3)(iv), HUD may on its own initiative and after written notice to the contractor,sponsor,applicant, owner,or other entity, as the case may be,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. ii. Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or(b)(3)(i),or both,over claims to those funds by: A. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; B. A contracting agency for its reprocurement costs; C. A trustee(s) (either a court-appointed trustee or a U.S.trustee,or both) in bankruptcy of a contractor,or a contractor's bankruptcy estate; D. A contractor's assignee(s); E. A contractor's successor(s);or F. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. 3. Records and certified payrolls i. Basic record requirements A. Length of record retention.All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work(or otherwise working in construction or development of the project under a development statute)for a period of at least 3 years after all the work on the prime contract is completed. B. Information required Such records must contain the name;Social Security number; last known address,telephone number,and email address of each such worker; each worker's correct classification(s)of work actually performed; 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 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act);daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid. C. Additional records relating to fringe benefits.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(v)that the wages of any laborer or mechanic include the amount of any Previous editions obsolete 3 Form HUD-4010,(10/2023) ref. Handbook 1344.1 costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B)of the Davis-Bacon Act,the contractor must 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. D. Additional records relating to apprenticeship Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs,the registration of the apprentices, and the ratios and wage rates prescribed in the 1 applicable programs. ii. Certified payroll requirements A. Frequency and method of submission The contractor or subcontractor must submit weekly, for each week in which any DBA-or Related Acts-covered work is performed, certified payrolls to HUD if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the certified payrolls to the applicant, sponsor,owner,or other entity,as the case may be,that maintains such records,for transmission to HUD.The prime contractor is responsible for the submission of all certified payrolls by all subcontractors.A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature;the system allows the contractor,the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system B. Information required The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i)(B), except that full Social Security numbers and last known addresses,telephone numbers,and email addresses must not be included on weekly transmittals. Instead,the certified payrolls need only include an individually identifying number for each worker(e.g.,the last four digits of the worker's Social Security number).The required weekly certified payroll information may be submitted using Optional Form WH-347 or in any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/ sites/dolgov/files/WHD/legacy/files/wh347.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses,telephone numbers, and email addresses to the prime contractor for its own records,without weekly submission by the subcontractor to the sponsoring government agency(or the applicant,sponsor,owner,or other entity, as the case may be,that maintains such records). C. Statement of Compliance Each certified payroll submitted must be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract,and must certify the following: 1. That the certified payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii),the appropriate information and basic records are being maintained under 29 CFR 5.5 (a)(3)(i), and such information and records are correct and complete; 2. That each laborer or mechanic(including each helper and apprentice)working 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 Previous editions obsolete 4 Form HUD-4010,(10/2023) ref. Handbook 1344.1 from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and 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(s) of work actually performed,as specified in the applicable wage determination incorporated into the contract. D. Use of Optional Form WH-347 The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 will satisfy the requirement for submission of the"Statement of Compliance" required by 29 CFR 5.5(a)(3)(ii)(C). E. Signature The signature by the contractor,subcontractor,or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature. F. Falsification The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729. G. Length of certified payroll retention The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iii. Contracts,subcontracts,and related documents The contractor or subcontractor must maintain this contract or subcontract and related documents including,without limitation, bids, proposals, amendments, modifications,and extensions.The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. iv Required disclosures and access A. Required record disclosures and access to workers The contractor or subcontractor must make the records required under 29 CFR 5.5(a)(3)(i)—(iii), and any other documents that HUD or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1,available for inspection,copying, or transcription by authorized representatives of HUD or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. B. Sanctions for non-compliance with records and worker access requirements If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job,the Federal agency may, after written notice to the contractor,sponsor,applicant,owner,or other entity,as the case may be,that maintains such records or that employs such workers,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, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition,any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things,the location of the records and the volume of production. C. Required information disclosures Contractors and subcontractors must maintain the full Social Security number and last known address,telephone number, and email address of each covered worker,and must provide them upon request to HUD if the agency is a party to Previous editions obsolete 5 Form HUD-4010, (10/2023) ref. Handbook 1344.1 the contract,or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract,the contractor,subcontractor,or both, must, upon request, provide the full Social Security number and last known address,telephone number,and email address of each covered worker to the applicant,sponsor,owner,or other entity,as the case may be,that maintains such records,for transmission to HUD,the contractor,or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. 4. Apprentices and equal employment opportunity i. Apprentices A. Rate of pay Apprentices will be permitted to work at less than the predetermined rate for the work they perform 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,Office of Apprenticeship(OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice,will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program,the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. B. Fringe benefits Apprentices must 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 determines that a different practice prevails for the applicable apprentice classification,fringe benefits must be paid in accordance with that determination. C. Apprenticeship ratio The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to 29 CFR 5.5(a)(4)(i)(D). Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated in 29 CFR 5.5(a)(4)(i)(A), must 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 this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed. D. Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate)applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project,the ratio and wage rate specified in the contractor's registered program must be observed. ii Equal employment opportunity The use of apprentices and journeyworkers under this part must 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. Previous editions obsolete 6 Form HUD-4010,(10/2023) ref. Handbook 1344.1 6 Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (11), along with the applicable wage determination(s) and such other clauses or contract modifications as the U.S. Department of Housing and Urban Development may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts.The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses,the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 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 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 40 U.S.C. 3144(b) or 29 CFR 5.12(a). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C.3144(b)or 29 CFR 5.12(a). iii.The penalty for making false statements is prescribed in the U.S. Code,Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001. 11 Anti-retaliation It is unlawful for any person to discharge,demote, intimidate,threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against,or to cause any person to discharge, demote, intimidate,threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts,or 29 CFR parts 1, 3,or 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, or 29 CFR parts 1, 3, or 5; iii. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, or 29 CFR parts 1, 3,or 5;or iv. Informing any other person about their rights under the DBA, Related Acts,or 29 CFR parts 1,3, or 5. B. Contract Work Hours and Safety Standards Act(CWHSSA) The Agency Head must cause or require the contracting officer to insert the following clauses set forth in 29 CFR 5.5(b)(1), (2), (3), (4), and (5) in full, or(for contracts covered by the Federal Acquisition Regulation) by reference, in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.These clauses must Previous editions obsolete 7 Form HUD-4010,(10/2023) ref. Handbook 1344.1 be inserted in addition to the clauses required by 29 CFR 5.5(a)or 4.6.As used in this paragraph,the terms "laborers and mechanics" include watchpersons and guards. 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 29 CFR 5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards,employed in violation of the clause set forth in 29 CFR 5.5(b)(1), in the sum of$31 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 29 CFR 5.5(b)(1). 3. Withholding for unpaid wages and liquidated damages i. Withholding process The U.S Department of Housing and Urban Development or the recipient of Federal assistance may, upon its own action,or must, upon written request of an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest;and liquidated damages required by the clauses set forth in 29 CFR 5.5(b)on this contract,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 that is held by the same prime contractor(as defined in 29 CFR 5.2).The necessary funds may be withheld from the contractor under this contract,any other Federal contract with the same prime contractor,or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency,and such funds may be used to satisfy the contractor liability for which the funds were withheld. ii Priority to withheld funds The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i)or(b)(3)(i),or both, over claims to those funds by: A. A contractor's surety(ies),including without limitation performance bond sureties and payment bond sureties; B. A contracting agency for its reprocurement costs; C. A trustee(s) (either a court-appointed trustee or a U.S.trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; D. A contractor's assignee(s); E. A contractor's successor(s); or F. A claim asserted under the Prompt Payment Act,31 U.S.C. 3901-3907. 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in 29 CFR 5.5(b)(1)through (5) and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR 5.5(b)(1)through (5). In the event of any violations of these clauses,the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, Previous editions obsolete 8 Form HUD-4010,(10/2023) ref. Handbook 1344.1 due to any workers of lower-tier subcontractors,and associated liquidated damages and may be subject to debarment, as appropriate. 5 Anti-retaliation It is unlawful for any person to discharge, demote, intimidate,threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate,threaten, restrain,coerce, blacklist, harass,or in any other manner discriminate against, any worker or job applicant for: i. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act(CWHSSA)or its implementing regulations in 29 CFR part 5; ii. Filing any complaint, initiating or causing to be initiated any proceeding,or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or 29 CFR part 5; iii. Cooperating in any investigation or other compliance action,or testifying in any proceeding under CWHSSA or 29 CFR part 5; or iv. Informing any other person about their rights under CWHSSA or 29 CFR part 5. C. CWHSSA required records clause In addition to the clauses contained in 29 CFR 5.5(b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other laws referenced by 29 CFR 5.1,the Agency Head must cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of 3 years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address,telephone number, and email address; and social security number of each such worker;each worker's correct classification(s)of work actually performed; hourly rates of wages paid;daily and weekly number of hours actually worked; deductions made and actual wages paid. Further,the Agency Head must cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection,copying, or transcription by authorized representatives of the(write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. D. Incorporation of contract clauses and wage determinations by reference Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts,and contractors and subcontractors are required to insert them in any lower-tier subcontracts,the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in fu l l text. E. Incorporation by operation of law The contract clauses set forth in this section(or their equivalent under the Federal Acquisition Regulation),along with the correct wage determinations,will be considered to be a part of every prime contract required by the applicable statutes referenced by 29 CFR 5.1 to include such clauses, and will be effective by operation of law,whether or not they are included or incorporated by reference into such contract, unless the Administrator grants a variance, tolerance,or exemption from the application of this paragraph.Where the clauses and applicable wage determinations are effective by operation of law under this paragraph,the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. Previous editions obsolete 9 Form HUD-4010, (10/2023) ref. Handbook 1344.1 F. HEALTH AND SAFETY The provisions of this paragraph (F) are applicable where the amount of the prime contract exceeds $100,000. 1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. 2. The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96),40 U.S.C. § 3701 et seq. 3. The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor.The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions obsolete 10 Form HUD-4010,(10/2023) ref. Handbook 1344.1 SECTION "S" SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT-PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances,tools, equipment,transportation,services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of drainage improvements. The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning or any subsidiary item which is customarily furnished, and the Contractor shall deliver the installation to the OWNER in operating condition. C. ?LANS. City of Port Arthur [May 2022] D. BASIS OF PAYMENT. All work outlined in Paragraph A. above, and shown on PLANS listed in Paragraph B. above, is included in items of BID for which unit prices are shown. and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEOUENCE OF WORK. City reserves the right to schedule sequence ofconstruction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red ink to show as-built dimensions and location of all work constructed. S-1 J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in re-staking. S-2 SUPPLEMENTAL GENERAL CONDITIONS -PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a"note"occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein,or both,including all labor,materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASH7'O American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters'Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society S-3 PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer,stake out work,establish elevations,and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line,valves,and fire hydrants,and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. S-4 D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections,the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR,the ENGINEER, and the OWNER. F. VARIATIONS DUE TO EOUIPMENT. Foundations, structural supports, electrical work,and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. S-5 I If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval.Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review.Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Pre-stressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items,as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer.Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. OPERATION AND MAINTENANCE MANUALS.Operation and maintenance manuals are to be provided where required by Specification Item. S-6 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety(90)days after approval of shop drawings,product data, and samples,and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install,test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 8%2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 8Y2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation,operation,adjustment,and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates.No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form,anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed,to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above S-7 guarantee.Notice of observed defects will be given with reasonable promptness.Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EOUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction,remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures.Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 56 of GENERAL CONDITIONS OF AGREEMENT,the following applies: "Where necessary to take down fences,signs,or other obstructions,replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." S-8 R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove,as soon as practicable,accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or,where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed,place properly worded sign announcing fact to public,with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. S-9 U. FINAL INSPECTION. When construction is substantially complete as determined and approved by the City Engineer, Contractor and City of Port Arthur representatives will walk through the project from start to end limits to develop a punch list which notes and marks on site work deficiencies. This punch list of work deficiencies will be rectified and completed within thirty (30) calendar days from the date contractor has received the formal written Punch List notice. Failure to repair deficiencies or replace defected materials after thirty 30 calendar days, entitles the Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Retainage. Retainage Payment will only be released when the following are submitted and complied for Closing out of Project: 1. Completion of Punch List. 2. As-Built drawings submittal. 3. Substantial Completion Letter from contractor and Approved by City Engineer. 4. Affidavit of all Labors Paid. 5. Affidavit of all Materials Paid. 6. Certificate of Warranty—City of Port Arthur form signed by Contractor. 7. Contractor's Certificate and Release- City of Port Arthur form signed by Contractor. 8. Engineer's Certificate of Acceptance- City of Port Arthur Engineer. s-10 SECTION "T" BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the Undersigned, SETEX Construction Corporation as Principal, and American Alternative Insurance Corporation as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of Five Percent(5%)of Total Amount Bid for the payment of which,well and truly to be made,we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 18th day of February , 20 26 . 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 apart hereof to enter into a Contract in writing, for the West 19th Street Drainage Improvement 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 BID, 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. 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. E-1 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. SETEX Const ti n Corporation (L.S.) PRINCIPAL American Alternative Insurance Corporation SURETY BY: Mary Cat erine Turner, Attorney-in-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. E-2 CERTIFIED COPY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the AMERICAN ALTERNATIVE INSURANCE CORPORATION,a corporation organized and existing by virtue of the laws of the State of Delaware("Corporation')with offices at 555 College Road East,Princeton,N.J.08543,has made,constituted and appointed,and by these presents, does make,constitute and appoint: Meghann Catherine Turner;Mary Catherine Turner;and Garrett Turner its true and lawful Attorneys-in-Fact,at Princeton,in the State of New Jersey,each of them alone to have full power to act without the other or others,to make,execute and deliver on its behalf,as Surety or Co-surety,bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions, agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking so made,executed and delivered shall obligate said Company for any portion of the penal sum thereof in excess of the sum of One Hundred Fifty Million Dollars($150,000,000.001. Such bonds and undertakings for said purposes,when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. This appointment is made under and by authority of a certain Resolution adopted at a meeting of the Board of Directors of said Company duly held on the 27th day of August,1975,a copy of which appears below. IN WITNESS WHEREOF,the AMERICAN ALTERNATIVE INSURANCE CORPORATION has caused its corporate seal to be hereunto affixed,and these presents to be signed by its duly authorized officers this 9th day of January,2026. �ouw mn m , • ",ZNEINSU � • Attest: ra Van 4.2026 69:5HAS 5 i oaPoT �9ea BY: _ • SEAL I. Cathy Smith Ignacio Rivera '?fT• 1923,•Q� : President General Counsel&Secretary *"4;U,llElitTs STATE OF NEW JERSEY,COUNTY OF MIDDLESEX The foregoing instrument was acknowledged before me by means of online notarization this 9th day of January,2026,by Cathy Smith and Ignacio Rivera,who are personally known to me. BETH COHAN-CHIN Beth Cohan-Chin Notary Stamp Commission#2209356 here Notary Public,State of New Jersey Beth Cohan-Chin,Notary Public My Commission Expires February 2,2028 State of New Jersey My Commission Expires February 2,2028 SECRETARY'S CERTIFICATE The undersigned,Ignacio Rivera,hereby certifies: 1. That the undersigned is Secretary of American Alternative Insurance Corporation,a corporation of the State of Delaware; 2. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of said Corporation on the day of its date,and has not since been revoked,amended or modified;that the undersigned has compared the foregoing copy thereof with said original power of attorney,and that the same is a true and correct copy of said original power of attorney and of the whole thereof; 3. That the original resolution of which the following is a copy was duly adopted at,and recorded in the minutes of,a regular meeting of the Board of Directors of said Corporation duly held on August 4,1998,and has not since been revoked,amended or modified. RESOLVED,that each of the following officers of this Corporation,namely,the President,the Executive Vice President,the Senior Vice Presidents, and the Vice Presidents,be,and they hereby are,authorized,from time to time in their discretion,to appoint such agent or agents or attorney or attorneys-in-fact as deemed by them necessary or desirable for the purpose of carrying on this Corporation's business,and to empower such agent or agents or attorney or attorneys-in-fact to execute and deliver,in this Corporation's name and on its behalf,and under its seal or otherwise,surety bonds,surety undertakings or surety contracts made by this Corporation as surety thereon. RESOLVED,that the signature of any authorized officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney and revocation of any power of attorney or certificate of either given for the execution of any surety bond,surety undertaking,or surety contract,such signature and seal,when so used being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed. FURTHER RESOLVED,that any prior appointments by the Corporation ofMGAs are,in all respects,hereby ratified,confirmed and approved. FURTHER RESOLVED,that the Secretary or any Assistant Secretary of this Corporation is hereby authorized to certify and deliver to any person to whom such certification and delivery may be deemed necessary and desirable in the opinion of such Secretary or Assistant Secretary,a true copy of the foregoing resolution. 4. The undersigned has compared the foregoing copies of said original resolutions as so recorded,and they are the same true and correct copies of said original resolutions as so recorded and of the whole thereof. Witness the hand of the undersigned and the seal of said Corporation this 1 8th day of February _, 2026 °`x`"°"'" AMERICAN ALTERNATIVE INSURANCE CORPORATION <al >i INSUI .' SEAL _I: ; •. Ignacio Rivera %1J14. 1923:e.,,: General Counsel&Secretary TRS-1001-1 .,EywunxxN�of DElas'`� n SECTION "U" PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of County of , and State of , as Principal, and as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur,Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear,all of whom shall have the right to sue upon their bond, in the penal sum of: Dollars($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2026, 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.,2026. CONTRACTOR A I hST: 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 "V" 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 2023, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. J-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED,FURTHER,that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. IN WITNESS WHEREOF,this instrument is executed in counterparts, each one of which shall be deemed an original,this the day of , 2026. ATTEST: Principal BY: (s) (Principal)Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J-2 APPENDIX A FORM FOR REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: , 20 MONTH OF: ,20 CITY of PORT ARTHUR,TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR,TEXAS 77641-1089 ATTENTION:Engineering Division Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified(list dates actually lost: do not include days not normally worked such as Saturdays, Sundays, or holidays): Dates Lost: Days Lost( )/ 5 x 7+ Calendar Days Requested Reasons for Request: Contractor By: Approved for extension of calendar days. Disapproved. Date: , 20 CITY OF CITY OF PORT ARTHUR,TEXAS BY: City Manager Distribution by City Original:Public Works Engineering Cc: Engineer Contractor CPA Federally Funded APPENDIX B SPECIAL PROVISIONS IF SPECIAL PROVISIONS IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to the fact that utility adjustments may be required for the construction of this project. The Contractor will be expected to coordinate work with all utility companies in order to maintain service at all times to the adjacent property owners. Additional time will be granted for delays caused by utility adjustments, if in the opinion of the Engineer, such delays warrant additional time. It is specifically understood, however, that if the Contractor is delayed by virtue of these utility adjustments, that this delay will not be considered as a basis for a claim by the Contractor. The following utility companies are involved in the construction of this project and a telephone number and current contact person are listed: UTILITY TELEPHONE NO. CONTACT PERSON AT&T 0:409.839.7851 Eddie Cook Telephone Company M:409.924.1495 0:409.893.1666 Cliff Palermo M:409.291.9489 Texas Gas Service 0:409.963.0263 Patrick Sam M:409.460.9236 City of Port Arthur 0: 409.983.8557 Darrell Hannon Water Distribution M: 409.718.2442 City of Port Arthur 0:409.983.8551 Jerome Hudson Sewer Conveyances M:409.543.3839 City of Port Arthur 0:409.983.8524 Brad Brown Drainage Superintendent M:409.365.7184 Entergy 0:409.982.5830 Pauline Oliver M:409.679.6154 Spectrum 0:409.720.5565 Adam LaRive M:409.284.3765 The utilities listed above will be adjusted by the Owner of the utility and will not be the responsibility of the Contractor with the exception of sewer and water line adjustments. The Contractor shall perform all work necessary to adjust the sewer and water lines as detailed in the plans. SP-1 SPECIAL PROVISIONS DETOURS,BARRICADES,WARNING SIGNS,SEQUENCE OF WORK,ETC. • The Contractor's particular attention is directed to the requirements of Article 5 "The Contractors Responsibilities" of the "General Conditions". In addition to these requirements, the following provisions shall govern on this Contract. • Prior to beginning any work on this project,it will be necessary for the Contractor to participate in the pre-construction safety meeting with the Engineer in charge of the project,and other agencies. The Engineer in charge of the project will notify the Contractor when this meeting will be held. This meeting shall be prior to the beginning of working time changes. • Before beginning work on this project, the contractor shall submit in writing, for approval by the Engineer,a plan of operation outlining in detail a sequence of work to be followed. • The Traffic Control Plan shall be governed by TxDOT Traffic Control Plan,Barricades and Traffic Control Standards;BC(1-12)-14 and Work Zones Traffic Control Details as shown on the plans. • Flaggers,portable barricades,pavement markings,and warning signs in addition to those shown in the plans may be required as directed by the Engineer in order to insure a safe and continuous flow of traffic. If the Contractor desires to deviate from the Traffic Control Plans, approval from the Engineer must be obtained.No additional compensation will be allowed the Contractor if there is a deviation from the Traffic Control Plan. • The Contractor's particular attention is called to the Traffic Control Plan and sequence of work detailed in the plans. Strict adherence to this plan will be required unless otherwise approved by the Engineer in writing. • It is the intent of the City of Port Arthur that unfavorable impact by the contract work,on businesses and residences,shall be minimized.The Contractor shall notify in writing,at least forty-eight(48) hour prior to beginning any phase of work,all businesses and residences which are expected to be affected by said phase of work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the Plans and Contract documents. General: • The Contractor shall provide the traffic control devices so detailed in the Traffic Control Plan. It is the intent of the sequence of work that the Contractor be continually aware and responsive to the needs of the traveling public and that all operations be performed with the needs of the public and local residences in mind and to insure the safety of both the public and the project personnel. • Maintain existing storm water drainage facilities. During construction in all phases of work on site or as ordered by the engineer, the contractor will provide all necessary labor, equipment and conveyance materials to drain the storm water and discharge into existing and new storm sewer structures where storm water will flood properties and roadways. This will not be paid for separately,but will be considered subsidiary to various bid items. SP-2 • Insure that safe access is provided to bus stops,bus shelters and to and from bus loading and unloading at all times. • Provide temporary driveway access crossing construction area at the end of each day. END OF SECTION SP-3 SECTION "WI ADDENDUMS Cih of -CITY OF PORT ARTHUR,TEXAS art rrh""^ ADDENDUM NO.ONE (1) 1i•m+ FEBRUARY 13,2026 BID FOR: WEST 19TH STREET DRAINAGE IMPROVEMENT BID: P26-016 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 proposal submittal must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,February 25, 2026 (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15 p.m. on Wednesday, February 25,2026 in the City Council Chambers, City Hall,5th Floor,Port Arthur,TX. Proposals will be opened in a manner to avoid public disclosure of contents;however,only the names of proposers will be read aloud. 2. Pre cast can be an option. 3. Top soil and Hrdromulch item is 3080 SYs. 4. Construction must be complete with 180 consecutive calendar days. 5. Attached is revised Page D-1. 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/ 1. .if, GIJG� .� Cli'�n Williams Purchasing Manager 2/25/2026 Signature of Proposer Date SETEX Construction Corp. Company Vendor Name Page 1 of 1 coy of -CITY OF PORT ARTHUR,TEXAS nrr rrhL7" ADDENDUM NO.TWO (2) Te FEBRUARY 18,2026 BID FOR: WEST 19TH STREET DRAINAGE IMPROVEMENT BID: P26-016 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 proposal submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 4, 2026 (The clock located in the City Secretary's office will be the official time.)All proposals received will be read aloud at 3:15 p.m. on Wednesday,March 4,2026 in the City Council Chambers, City Hall,5th Floor,Port Arthur,TX.Proposals will be opened in a manner to avoid public disclosure of contents;however,only the names of proposers will be read aloud. 2. Attached is revised Page D-2—D8. 3. Attached is the Quantity Summary. 4, Remove Title Sheet(1)of the construction drawing plan set and Replace with the revised Title sheet. Revisions to the Title Sheet of the construction drawing plan set consist of the adding the drainage detail sheet to the Index of Plan sheets 5. Add Drainage Detail Sheet (20A) to construction drawing plan set. The Drainage detail sheet consist of excavation and embankment details. 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. Clift66 Williams Purchasing Manager 2/25/2026 Signature of Proposer Date SETEX Construction Corp. Company Vendor Name Page 1 of 1 Coy of -CITY OF PORT ARTHUR,TEXAS 2rt rch "'" ADDENDUM NO.THREE (3) * urFEBRUARY 26, 2026 BID FOR: WEST 19TH STREET DRAINAGE IMPROVEMENT BID: P26-016 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. Under the current bid sheet in Section D. Contractor will demolish the current trees without trying to preserve. 2. Attached is a Separate Bid Sheet for the extra cost to remove the trees in a way to preserve the trees.Contractor will not be responsible for planting the trees once they are removed. 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 Williams Purchasing Mana 3/2/2026 Signature of roposer Date SETEX Construction Corp. Company Vendor Name cln o1 -CITY OF PORT ARTHUR,TEXAS nrt rl h rt r ADDENDUM NO. FOUR(4) MARCH 2,2026 BID FOR: WEST 19TH STREET DRAINAGE IMPROVEMENT BID: P26-016 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 revise Bid Sheet D-8 which added the line for total cost. 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. Clifih Williams Purchasing M er 3/2/2026 Signature of Proposer Date SETEX Construction Corp. Company Vendor Name