Loading...
HomeMy WebLinkAboutPR 17478: CONTACT TO GENTECH CONSTRUCTION, COMPANY LLC CITY OF PORT ARTHUR TRANSIT DEPARTMENT TO: FLOYD T. JOHNSON, CITY MANAGER AND CITY COUNCIL FROM: COLLEEN W. RUSSELL, TRANSIT DIRECTOR SUBJECT: P.R. NO. 17478- AWARDING A CONTRACT TO GENTECH CONSTRUCTION, COMPANY LLC, IN THE AMOUNT OF $57,885 FOR SERVICES TO INCLUDE ABATEMENT DEMOLITION AND REMOVAL OF DEBRIS DATE: 2/20/2013 RECOMMENDATION: The City of Port Arthur desires to select and engage GenTech Construction Company, LLC of Houston, TX to execute two -fold actions of: (1) abatement at addresses 338 and 344 '/2 Procter Street as described per postal address (2) Demolish buildings on said properties to accommodate Port Arthur Transit's new office building. The debris will be removed. The lots have been replatted as to avoid building on any property line or easements. BACKGROUND: There are two separate properties owned by the City and both are required for a new office building for Port Arthur Transit (PAT), however two dilapidated buildings exist on the land and there was a bid proposal to remove them. This was noted in the Port Arthur News on December 9, 2012 and December 16, 2012 for abatement and demolition with criteria for demolition and expectations per federal laws. BUDGETARY/FISCAL EFFECT: FTA funds will be from ARRA II grant TX96 -X042 (American Recovery Reinvestment Act), there is no cost to the City as it is 100% reimbursable. STAFFING/EMPLOYEE EFFECT: Have a Code compliant building. SUMMARY: Reco that Proposed Resolution No. 17478 be approved so that a contract mi be signeith GenT ch Construction Company, LLC. / / / Colleen W. Russ: 1, Transit ) irector P.R. No. 17478 01/07/2013 CWR RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GENTECH CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $57,885 FOR ABATEMENT AND DEMOLITION OF TWO DANGEROUS COMMERCIAL STRUCTURES LOCATED AT 338 - 3441/2 PROCTER STREET. ARRA II (TX96 -X042) GRANT FUNDS ARE 100% REIMBURSABLE. WHEREAS, the Federal Transit Administration (FTA) allocated stimulus funds for the erection of a new building for the Port Arthur Transit (PAT) at 338 and 3441/2 Procter Street; and WHEREAS, the site has two dilapidated and dangerous structures on it that shall be removed prior to any ground work and construction; and WHEREAS, bids were posted on December 9 and December 16 to remove these structures; and WHEREAS, C & C Demolition was the lowest bidder; however, its bid was not in compliance with the bid specifications whereby the bid was missing a bid bond and signed required Federal Clauses; and WHEREAS, the next lowest and most compliant bid with the City and Federal Laws came from GenTech of Houston, TX in the amount of $57, 885. WHEREAS, a copy of (bid tabulation attached as Exhibit "A "); and WHEREAS in accordance with the Federal Transit Administration (FTA) Rules and Regulations, Exhibit "D" contains the signed Federal Clauses that shall be adhered to by the contractor. P.R. NO. 17478 02/20/2013 Page 2 of 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager is herein authorized to enter into a contract with GenTech Construction Company , LLC for the abatement and demolition of 338 and 3441/2 Procter Street in substantially the same form as attached hereto as Exhibit `B ", with the certificate of standard form contract attached as Exhibit "C ". THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this th day of March A.D. 2013, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: Mayor ATTEST: City Secretary P.R. NO. 17478 02/20/2013 Page 3 of 7 APPRO ED AS 0 FORM: v 7, City Attorn •, / / APPROVED FOR ADMINISTRATION: City Manager Assistant City Manager Operations (Project Manager) KJ4 .e%(.tr�1 Director of Finance (ARRA II funds ) �/,/ -- Cr Purchasing Manager - , - - - : _ ! Transit Directo P.R. NO. 17478 01/07/2013 Page 4 of 7 EXHIBIT "A" 11(..... V kic'' . \ O 0 `, O O P. "� O d � - � C C�n O v i i b " * O ° = . 0. CA cn O . v' d n - ;-r p d • r O ro " p n o to O A: n C') o w e 4. C ' � PI w -. "Cj ,I, cc cc " — et, 00 O w p A To W 44 co ›. n n V) 00 A n N - H C!1 "O v , o w " 0 p. O 1 o n = p 0 4,› 0 0 z d 2 z 4 � .p Cr ro oo SD 0 H 44 ..s4 n ~ y n d A n y o °i • o * a d r# O o 0 n Ro 6 H O O . x d -- C d 0 5 �J O d Z O d Z N G �] I N t C fg O `C y t S y 00 = C�J 5 - y J o p 2 r fp o p O 0 to co fD N C� 1:: V) o � '� O ►C 01 ►-h O �. O eT �.) 0 V) EA r-� Frt.) ,P 0 Fig 0 el- �h w n .� bd X oo 0 ¢' 0 © ° o � 00 `t O ot O c d o C) el, I N "0 0 O © "O !o so 0 c ° 'a "A"3' 0 C co CA 4 n 4 )- O 0 O es. F,A 00 0 n n X O n CA - O et- O 0 0 0 i \ '/ 4 _ ,...,„.... t ",h ref f ,. „, FORMS THAT BIDDER DID NOT ° r t r t h u - SUBMIT IN SEALED BID Texas BIDDER MISSING FORMS Scra Is & Metal 1. Bid Bond or Cashier Check Grant Mackay Co. 1. Signed Federal Clauses 1. Bid Bond or Cashier Check C& C Demo, Inc. 2. Signed Federal Clauses AAR 1. Signed Federal Clauses P.R. NO. 17478 01/07/2013 Page 5 of 7 EXHIBIT " B" EXHIBIT "B" AGREEMENT THIS AGREEMENT made this day of in the year 2013, by and between the City of Port Arthur, a legal entity organized and existing in the State of Texas, hereinafter designated as the Owner, and GenTech Construction Company LLC hereinafter designated as the Contractor. The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. THE WORK The Contractor shall complete the Work as specified or indicated under the demolition and asbestos specifications of the Owner's Contract Documents entitled: ASBESTOS & LEAD ABATEMENT/ DEMOLITION OF TWO (2) COMMERCIAL BUILDINGS 1. 338 PROCTER STREET 2. 344 % PROCTER STREET The Work is generally described as follows: Asbestos and Lead Abatement, and Demolition ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION The Work to be performed under this Contract shall be commenced on the date specified by the Owner in the Notice to Proceed and the Work shall be fully completed within Twelve (12) working days after the date of commencement of the Work. The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein, plus any extensions thereof allowed by the City. They also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner the sum of $100.00 for each calendar day that expires after the time specified in this Article 2, herein. ARTICLE 3. CONTRACT PRICE The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s), Fifty -seven thousand, eight hundred eighty -five dollars and no cents ($57,885.00). ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents also consist of: this Agreement, Asbestos and Lead or Technical Specifications, Demolition, and all Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto. ARTICLE 5. PAYMENT PROCEDURES Payment will be made in full when all of the work is completed and approved by City staff with provision for damages in accordance with Article 2 of this Agreement. ARTICLE 6. NOTICES Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer 1 EXHIBIT `B" of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7. MISCELLANEOUS The contractor shall comply with State law as to licensing on asbestos abatement and disposal. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first written above. CITY OF PORT ARTHUR: GenTech Construction Company LLC: Signature By: By: Floyd T. Johnson, City Manager Printed Name/Title Attest: Attest: Date: Date: *Dernolition Specifications are hereby incorporated by reference. *Asbestos and Lead or Technical Specifications that have been prepared by ICU Environmental, Health and Safety /Total Safety are hereby incorporated by reference. 2 E,, i k #' k d L I 4 s,. t 1 r A -- F �`r L wl ' � � c 6t . t � > .xe , • r s i r`` ,, e i h , , . F y � �,' r ::+fix? "v 2,� i s • y i '''' i'''''':- - 04 4. p.c , i',w, - 4 . ,-rf,-!- . i. - -,,: : :,,.: : . . . , , , , , >'-i ' C+vl > 1 w Vr q " „`'`Yf' +. Se f q x� j f,, ' ,4 ' , : ,1 44,4:*** '' LN - ' . � s ,a {' , �FF;-i� � t'`'o-„.* r R � v [� l ss�2x "*�' j . �. ✓ 1 �. m'e f, +" s k5 .'i d a x to •9 { - + N �J.¢F �. � y " - '+' < _ ..firti., Cp ' ' r .. i6 . — `� .c - i '. Sit t34 ry, p o- . Y 4'• - s . f. R'' `. . mom" ,, '9+ t� . ,s_ SIGNAGE REQUIREMENTS SPECIAL CONDITIONS FTA requires a sign posted to show the public how funds are being spent. The City will supply the sign to be posted off Procter Street by the Terminal Building. Project Sign Wording: This project is funded by the City of Port Arthur and The Federal Transit Administration. However, the demolition will be paid for from ARRA funds. These will come from American Reinvestment and Recovery Act (ARRA II) known as TX 96 -X042. c 4 r, of ....■,........■■.] art rthu_ This demolition project of 338 - 3441/2 Procter Street is funded by the City of Port Arthur and The Federal Transit Administration (FTA). FTA funds are jointly from the American Reinvestment and Recovery Act (Grant TX96- X042). If you desire more information call 409 - 983 -8138 or 409 - 983 -8274. DELORIS "BOBBIE" PRINCE kYOR FLOYD T. JOHNSON WILLIE "BAE" LEWIS, MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City Of SHERRI BELLARD CITY SECRETARY RAYMOND SCOTT, JR. ELIZABETH SEGLER MORRIS ALBRIGHT III U r t r t h ur VAL TIZENO HAROLD L. DOUCET, SR. CITY ATTORNEY ROBERT E. WILLIAMSON Texas DERRICK FREEMAN KERRY "TWIN" THOMAS DECEMBER 11, 2012 INVITATION TO BID Asbestos Abatement and Demolition of 338 and 344 t/ Procter for Transit DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Friday, December 28, 2012. (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 Friday, December 28, 2012 in the City Council Chambers, City Hall, 5 Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: Asbestos Demo Transit 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, 4 Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writin. to: City of Port Arthur, TX Clifton Williams, Senior Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 cwilliams(a,portarthur.net Questions concerning the Scope of Work should be directed in writinz to: City of Port Arthur, TX Colleen Russell, Transit Director P.O. Box 1089 Port Arthur, TX 77641 russellc@portarthur.net Purchasing Division /Finance Department Purchasing Manager, Shawna Tubbs, CPPO, CPPB P.O. Box 10891444 4th Street I Port Arthur, Texas 77641 1 409.983.8160 'Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. ii ����;� C , A.,-4L--1`�_. c L � Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 34 MANDATORY PRE -BID CONFERENCE A Mandatory Pre -Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Asbestos Abatement and Demolition of 338 and 344 %2 Procter for Transit will be held on Tuesday, December 18, 2012 at 10:00 a.m. at City Hall 5 Floor Conference Room located at 444 4 Street, Port Arthur, Texas. The purpose of the Mandatory Pre -Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre -Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 34 INVITATION TO BID ASBESTOS ABATEMENT AND DEMOLITION OF 338 AND 344 '/z PROCTER FOR TRANSIT (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. Ilowever, 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: Pave dofMd e CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Asbestos Abatement & Demotion of 338 and 344 % Procter Street for Transit BID DUE DATE: December 28, 2012 DESCRIPTION TOTAL COST Asbestos Abatement & Demotion of 338 and 344 1 /2 Procter Street for Transit $ 57 685 Work will be complete in I t fts. e k dC } calendar days. GenTech Construction Company, LLC 10350 Richmond Avenue, Suite 910 COMPANY NAME STREET ADDRESS /ig SIG. A , $ �� F B I DER P.O. BOX S . •. uel if ' esare Houston Texas 77042 PRINT OR TYPE NAME CITY STATE ZIP Vice President - Environmental Services 713 681 -8486 TITLE AREA CODE TELEPHONE NO sdicesare @gentechcompany.com 713 681 -9941 EMAIL FAX NO. Page 25 of 34 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: 'Bid" vs. "Proposal " - -For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. Page 29 of 34 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 prevai 1. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit Department 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. Page 30 of 34 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 Page 31 of 34 terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set -off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub - contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB - CONTRACTS: The Contractor shall not execute an agreement with any sub - contractor or permit any sub - contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and /or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person /$500,000 per occurrence for contracts of $100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of $100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of $100,000. Page 32 of 34 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. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5 %) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for Page 33 of 34 the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100 %) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. LIQUIDATED DAMAGES: Contractor will pay liquated damages of $100 per day for each day exceeding the number of days on the contract. Page 34 of 34 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. GenTech Construction Company, LLC December 27, 2012 Firm Name Date '01 Vice President - Environmental Services Authoriz ., ign: Title Samu- DiCe e 713- 681 -8486 Name (please print) Telephone sdicesare@gentechcompany.com Email STATE: TEXAS COUNTY: HARRIS SUBSCRIBED AND SWORN to before me by the above named Samuel DiCesare on this the 27th ___ _ day of December , 20 12 . �`"' = : KATHERINE ANN GILMORE 1 y � ' / ; (`',. :;:,- , Notary Public 1 - + 5, a. Notary Public I ' ,'ir c STATE OF TEXAS � °' ° -N., M 'omm. Ext December 13, 201 1 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 27 of 34 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80 Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1 -a) with a local governmental entity and the person meets requirements under Section 176.006 (a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7 business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. GenTech Construction Company, LLC 2. Li Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7 business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employment or business relationship. NONE Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes 1 No N/A B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No N/A C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No N/A D. Describe each employment or business relationship with the local government officer named in this section. 4. 7:11111n■ Samuel DiCesare December 27, 2012 Si nature of - ..11!;t!.usiness with the _overnmental enti Date Page 28 of 34 T i i "--F teTA L www.TotalSafetycom 'SAFETY Project No. 8418 November 15, 2012 City of Port Arthur 444 4 Street Port Arthur, Texas 77641 Attn.: Ms. Colleen Russell Ref: Technical Specifications NESHAP Demolition Project Vacant Buildings 338 and 344'/2 Procter Street Port Arthur, Texas BY: / f i er i Agi Daniel R. Ward DSHS CONSULTANT LICENSE NO. 10 -5479 Expires 5/11/14 INTRODUCTION AND SCOPE This project will include the proper removal, transportation and disposal of "left-in- place" asbestos containing roofing material, roof flashing material, beige lead -based paint (see 3 floor ceiling), and the proper demolition, transportation and disposal of the structures located at 338 and 3441/2 Procter Street in Port Arthur, Texas in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose the asbestos containing materials as "Category 1 left in place during demolition" materials; and shall properly transport and dispose of the lead -based paint material. Materials shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. The Contractor shall perform Toxicity Characteristic Leachate Procedure (TCLP) sampling of the lead waste stream prior to moving waste containers off site. This activity shall be supervised by the Consultant. Samples shall be analyzed for TCLP by US EPA Method 1311. f - . " "' EHS Services • 4100 North Sam Houston Parkway West, Suite 290, Houston, TX 77086 -1467 s s 2300 Highway 365, Suite 370, Nederland, TX 77627 EHS Services November 2012 ASBESTOS REMOVAL PART 1 - GENERAL 1.01 PERSONNEL PROTECTION A. The Category I nonfriable ACM wastes and Category II nonfriable ACM wastes that do not become crumbled, pulverized, or reduced to powder do not have to be sealed in leak -tight containers or wrapping but may be transported and disposed of in bulk. As an added precaution, the contractor shall maintain a tarpaulin -type cover over the container during transport. B. Prior to commencement of work, all workers shall be instructed by the Contractor, and shall be knowledgeable in the appropriate procedures for personnel protection and asbestos removal. C. Contractor acknowledges and agrees that he is solely responsible for enforcing worker protection requirements at least equal to those specified in this Section. D. Contractor shall provide workers with respiratory equipment approved by NIOSH and OSHA for the type of work being performed. Each worker shall be able to show, upon request, dated proof of fit testing performed by qualified personnel for the respirator being used. E. Where respirators with disposable filters are used, provide sufficient filters for replacement as necessary by the workers, or as required by applicable regulations. F. Provide respiratory protection as needed from the time of the first operation involving contact with asbestos - containing materials. Provide respiratory protection until the acceptance of final air test results (if applicable) by Consultant: 1. Provide a minimum of half -face dual cartridge respirators for workers during preparation phases of the work, providing no disturbance of the asbestos - containing material occurs. G. Contractor shall be solely responsible for scheduling necessary air sampling by an independent testing laboratory for compliance of his respiratory protection with OSHA regulations. Contractor shall pay for all costs associated with such testing. 1. Personnel exposure samples collected by or for the Contractor shall be analyzed in accordance with the OSHA reference method (ORM) as detailed in 29 CFR 1926.1101, Appendix A. 2. Ensure that personnel monitoring strategy employed will result in suitable samples for analysis. Vacant Buildings 2 338 and 3441/2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 3. Arrange for analysis of personnel monitoring samples such that results of analysis are received no later than forty -eight hours following sample collection. 4. Post the results of personnel exposure monitoring at job -site, upon receipt from laboratory. H. Permit no visitors, except for governmental inspectors having jurisdiction, in the work areas after commencement of asbestos disturbance or removal. Provide authorized visitors with suitable respirators and protective equipment. I. Provide workers with sufficient sets of protective disposable clothing, consisting of full body coveralls, head covers, gloves, and foot covers, of sizes to properly fit individual workers. J. Provide workers with rubber boots, hard hats, eye protection, hearing protection, and other protective equipment as needed. K. Leave reusable equipment, apparel and protection devices (excluding respirators) in the contaminated equipment room until the end of the asbestos abatement work, at which time such items shall be disposed of as contaminated waste or decontaminated for reuse. L. Provide authorized visitors with suitable protective disposable clothing, respiratory protection (including suitable replacement filters), headgear, eye protection, footwear and other protective equipment of sizes to properly fit visitors whenever they enter the work area. 1.02 ASBESTOS WASTE LOG A. Contractor shall maintain an asbestos waste log to be completed as asbestos - containing waste is removed from the work areas for transport and disposal. B. Asbestos waste log shall indicate date; description of waste included; number, size and type of waste containers, as applicable, removed from work areas; time of day; and signature of recorder. 1.03 TRAINING PROGRAM A. Provide a training program to instruct personnel on proper respirator use, hazards of asbestos exposure and OSHA asbestos regulations in accordance with the requirements of the model accreditation program (MAP) established by the EPA in Appendix C to 40 CFR 763 (E). B. The Contractor shall provide a training program as often as necessary to train all employees to be utilized on the project. No worker shall be utilized on any portion of the Work until training documentation has been reviewed and accepted by the Consultant or Project Manager. Vacant Buildings 3 338 and 344'/ Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 1.04 GENERAL — ALL JOBS A. Contractor's Asbestos Abatement Supervisors shall remain on the job site and in immediate contact with those under their supervision during all periods of asbestos activity. B. All licensed supervisors are responsible for respirator fit testing, personal protection of the workers, safety, security and control of access at the job site. C. Supervisors shall also require that operations at the asbestos job site cease whenever hazardous or unlawful situations are detected, so as to effect a remedy. D. Contractor's employees shall be fully clothed at all times (shirt, pants and shoes). Sandals or other open toe shoes shall not be allowed. E. The contractor is responsible for meeting all federal, state, and local laws and regulation, including but not limited to OSHA and EPA requirements. The contractor is responsible for his own OSHA air monitoring. A third party consultant hired by the Client will provide on -site monitoring. F. Warning Labels and Signs —Shall be as required by OSHA 29 CFR 1926.1101 and posted in both English and Spanish. 1.05 TOOLS AND EQUIPMENT A. Provide suitable tools for asbestos - containing material removal. 1. Water sprayers — Utilize airless or other low- pressure sprayers for amended water application. Pressure washers or sprayers may not be used. 2. Scaffolding and ladders — shall be as required to accomplish the specified work and shall meet applicable safety regulations. 3. Transportation — As required for loading, temporary storage, transit and unloading of contaminated waste without exposure to persons or property. 1.06 REMOVAL OF ASBESTOS - CONTAINING MATERIAL AND DEBRIS A. Remove and properly dispose of all asbestos - containing materials indicated to be removed by the Contract Documents in accordance with federal, state, and local laws and regulations or as more stringently specified herein. Vacant Buildings 4 338 and 344% Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 B. Preparation. 1. Restrict access to exterior grounds immediately adjacent to work areas by barrier tape or similar means. 2. Place appropriate warning signs in English and Spanish. 3. Thoroughly wet asbestos - containing materials and debris to be removed prior to stripping or tooling to reduce fiber dispersal into the air. Saturate material sufficiently to wet to the substrate without causing excess dripping. Allow time for water to penetrate material thoroughly. Spray material repeatedly during the work process to maintain a continuously wet condition. 4. Provide general clean up of work areas concurrent with the removal of all asbestos - containing materials and debris. Do not permit accumulation of debris. 5. After removal of asbestos - containing materials and debris, all surfaces in the work area shall be wet - cleaned to remove residual accumulated material. Continue wet cleaning until all surfaces are free of visible dust, dirt and debris. 1.07 CLEAN UP AND CLEARANCE TESTING A. Provide general clean up of work areas concurrent with the removal activities. Do not permit accumulation of debris on work area. 1.08 DISPOSAL OF ASBESTOS - CONTAMINATED WASTE A. All asbestos abatement waste shall be transported to and disposed of at approved landfills. B. Removed debris, used cleaning tools, towels, protective suits, used plastic sheeting and spray- applied plastic sheeting shall be treated as asbestos - containing waste materials. C. Remove sealed and labeled containers of asbestos - containing material and waste and transport them for disposal to the specified landfill as follows. 1. Notify the Consultant or Project Manager prior to removing each trailer or other waste transport from the project site. 2. Asbestos - containing waste material shall be treated, packaged, labeled, transported, and disposed of in accordance with 29 CFR 1926.1101 (OSHA), 40 CFR 61.150 (EPA) and 49 CFR 107 et al., (DOT). 3. Asbestos waste transport shall be limited to approved routes for transport of asbestos materials. Ensure that there are no visible emissions to the outside air from site where materials and waste are deposited. Vacant Buildings 5 338 and 344'/2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 4. Notify the Consultant or Project Manager immediately of any spill or similar incident involving the transport and disposal of asbestos wastes. 1.09 FIELD QUALITY CONTROL A. The Consultant or Project Manager shall conduct area air monitoring during the project. 1. All phase contrast microscopy (PCM) area air samples collected by the Consultant or Project Manager will be analyzed in general accordance with the procedures outlined in the National Institute for Occupational Safety and Health (NIOSH) 7400 Method and also will follow guidelines issued by EPA regarding detection limits B. Visual observations will be made by the Consultant or Project Manager after final clean -up and de- mobilization to determine the presence of visible dust, dirt, debris and abatement refuse indicative of improper cleaning and decontamination procedures. LEAD -BASED PAINT REMOVAL GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the abatement of the building. It must be noted, however, that there are special requirements listed in the specifications, which are in addition to these general requirements for abatement, and that it is the responsibility of the Contractor to comply with all particular requirements. Contractor shall be responsible for collecting toxicity characteristic leachate procedure on lead - based paint waste to determine proper disposal. All results shall be submitted to consultant for approval. A. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right -of -way so that it poses a danger to any person. B. The Contractor shall provide all labor, materials, equipment, services, testing, supervision, and incidentals necessary to perform work of lead -based paint abatement under this contract in accordance with the following specifications. After abatement the areas disturbed shall be cleaned in accordance with the procedures outlined below. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions: A. Extreme caution shall be taken when working around any fuel storage areas. Vacant Buildings 6 338 and 344% Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 HAZARDOUS MATERIALS A. Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. The following specifications shall apply: 1. Contractors must be familiar with the contents of this document, included but not limited to the following: • Worker Protection • All types of Lead -Based Paint (LBP) Testing • Measures for control and containment of lead dust and debris • Disposal requirements 2. In addition, the Contractor must be able to substantiate sufficient prior de- leading experience and /or education providing same with the foresight of the prevailing LBP abatement techniques and safety practices contained herein. 3. Contractors should be experienced in building renovation and restoration, guidelines for control and the handling of toxic and hazardous materials and protection of the environment and the health of all occupants and workers, as per applicable EPA, OSHA, and NIOSH regulations. 4. The following methods shall be adhered to during the abatement activities. Any deviation from this list shall require Consultant's prior approval: a) HEPA vacuum visible debris in vicinity of abatement area involving lead paint. b) HEPA vacuum loose lead -based paint on concrete and wash down with a 5% trisodium phosphate solution. c) The Contractor shall perform Toxicity Characteristic Leachate Procedure (TCLP) sampling of the waste stream prior to moving waste containers off site. This activity shall be supervised by the Consultant. Samples shall be analyzed for TCLP by US EPA Method 1311. d) Debris: Collect and properly dispose of lead- contaminated paint chips and debris from the floor and surrounding areas of LBP. B. APPLICABLE REGULATIONS, CODES AND STANDARDS 1. The Contractor shall acknowledge that he is aware of and will maintain strict compliance will all regulations, codes, standards, and ordinances governing the performance of his work. Furthermore, the Contractor shall be responsible for any failure to comply with applicable documents. Vacant Buildings 7 338 and 344% Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 2. Applicable documents include but are not limited to the following: a) OSHA 29 CFR 1926.62, Lead Exposure in Construction (Interim Final Rule); b) OSHA 29 CFR 1910.1025, Lead, General Industry; c) OSHA 29 CFR 1910.1200, Hazard Communication; d) OSHA 29 CFR 1910.134, Respiratory Protection; e) OSHA 29 CFR 1910.145, Specifications for Accident Prevention Signs and Tags; f) OSHA 29 CFR 1926.59, Hazard Communication; g) US HUD, "Lead -Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing ", September 1990; h) Lead -Based paint Hazard Elimination; Interim Rule Title 24, Part 35, 905, 941, 965, and 968 of the Code of Federal Regulations; and i) EPA 40 CFR 261, Resource Conservation and Recovery Act (RCRA.) 3. The most current issue of each document shall apply. Where conflict among requirements or with these specifications exists, the more strict or stringent requirement or interpretation shall apply. 4. The Contractor shall provide at least one copy of any applicable EPA, OSHA, State or City regulation, code, or ordinance at the site available for review. 5. Nothing is intended to relieve the Contractor of any responsibility for compliance with state or local laws, ordinances, codes or regulations governing lead -based abatement. Where state and local requirements are more stringent than the Federal regulations, those state and local requirements must be followed by the Contractor. C. NOTICES AND SUBMITTALS 1. Prior to commencing of the work, the Contractor shall provide to the Owner's Representative: a) Assurance that the results of worker medical examinations for blood lead level tests are below OSHA guidelines. b) Material Safety Data Sheets (MSDSs) for products used or stored at the job site. c) Name of testing laboratory to be used for analytical testing of waste materials generated as a result of this project. d) The starting and completion dates of the abatement work. 2. During performance of the work, the Contractor shall provide to the Owner's Representative: Vacant Buildings 8 338 and 344% Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 a) Test results from analysis of waste materials generated. b) Results of OSHA compliance air sampling conducted on Contractor's employees. c) Daily Log. D. SIGNAGE 1. At least 24 hours before starting removal or handling of lead- painted components, the Contractor shall establish a regulated work area around the contaminated equipment and shall display a warning sign(s), as appropriate. WARNING LEAD WORK AREA POISON NO SMOKING OR EATING E. CONTROL OF ACCESS No one may enter or remain in a regulated work area at any time during abatement which involves lead paint, unless that person is: 1. The Contractor and his employees. 2. The Owner's Representative's Representative or a state or local enforcement official or his designee. F. WORKER PROTECTION 1. The Contractor shall insure that his employees are protected in accordance with all applicable federal, state and local standards. 2. Initial biological monitoring is required for interim work activities. 3. Workers will wear full body disposable suits with hoods and booties. A TYVEK or similar type of suit may be worn. Suits will be worn in the work area at all times after the pre- abatement inspection and shall remain in use until the area passes final clearance inspection. Light- weight nylon clothes may be worn under the disposable suit, but these underclothes must be changed before leaving the work area and should be laundered separately. 4. Goggles with side shields will be worn when working with a material that may splash or fragment, or if protective eye wear is specified on the MSDS for that product. 5. Personal hygiene practices by all workers in compliance with applicable regulations shall be enforced by the Contractor: a.) No eating, drinking, or use of tobacco shall be allowed in the work area. The Contractor shall provide a clean space, separated from the work area, for eating and drinking purposes. Vacant Buildings 9 338 and 3441/2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 b.) Disposable clothing, such as TYVEK suits, and other personal protective equipment (PPE) must be donned prior to entering the work area. Disposable suits shall be used once, then shall be properly discarded. c.) All workers must wash upon leaving the work area in a wash facility provided by the Contractor. Wash facility will consist of, at least, running potable water, towels, and a HEPA vacuum. Upon leaving the work area, each worker will wash and dry face and hands, HEPA vacuum clothes, and remove and dispose of the work suit as contaminated waste. G. CONTROL OF EMISSION AND DUST 1. When handling /abating lead- contaminated building components outdoors, Contractor shall spread a minimum 10 mil polyethylene sheet beneath the work area under the component to be removed. The drop cloth shall extend a minimum of 3 ft. from the wall for every 10 ft. of vertical distance involved in the work. Lateral distance along the wall should match this distance on either side of the work area. 2. Minimize creation of lead- contaminated dust and airborne particles by using methods and procedures that create the least amount of dust. 3. When working with lead- painted surfaces, Contractor shall exercise care to avoid dislodging any flaking paint from the substrate. 4. Plastic drop cloths, contaminated paper towels, and other dust and debris generated during the abatement shall be carefully folded into the plastic sheeting to avoid shaking dust from the surface. Folded plastic sheeting shall be deposited for temporary storage and testing in a disposal bag. H. AIR MONITORING AND INSPECTION 1. The Contractor shall be responsible for compliance air monitoring of his workers, per OSHA regulation and as detailed in the Lead Safety and Health Plan. 2. Personal air samples representative of a full shift including at least one sample for each job classification in each work area either for each shift or for the shift with the highest exposure level shall be collected and analyzed. Air samples should be taken in accordance with NIOSH Method 7082, or equivalent. 3. Worker exposure levels shall be evaluated with respect to the OSHA Action Level (30 1.1,g /m and the Permissible Exposure Level (50 jig/m as 8 -hour Time - Weighted Averages. If measured exposure levels exceed the criteria set for respiratory protection and personal protection of workers, the Contractor shall stop work, shall notify the Owner's Representative, shall attempt to correct and control the operation to reduce the elevated contamination dust levels. 4. After Contractor has completed final clean -up, and performed a visual inspection, the Consultant will perform a detailed visual inspection. All surfaces will be examined for the presence of dust or debris, especially flat surfaces. If dust or debris is found, Contractor shall re -clean the entire work area and a repeat of the detailed visual inspection will occur. Vacant Buildings 10 338 and 3441/2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 CLEANING SOLUTIONS 1. Contractor shall provide solution containing at least one ounce of five percent trisodium phosphate per each gallon of water. J. DISPOSAL 1. Disposal bags shall be, as a minimum, individual, 6 mil thick, leak- tight, manufactured polyethylene bags. 2. Polyethylene wrap shall be 6 mil and 10 mil polyethylene sheeting. 3. Disposal drums shall meet US Department of Transportation (DOT) regulations for disposal of respective waste(s) generated. 4. Disposal labels shall identify waste materials (before TCLP testing.) Hazardous wastes shall be identified as such in compliance with RCRA regulations for hazardous materials. K. CLEAN UP OF WORK AREA 1. Clean -up shall be performed by contractor as follows: a. After the abatement work has been completed, remove all debris and dispose of it in designated containers. b. Deposit all lead- contaminated waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing, etc. in double plastic bags, at least 6 mil thick or single 10 mil thick, and seal the bags. c. After vacuum cleaning, phosphate wash concrete surface in the work area with a solution containing at least 1 ounce of 5 percent trisodium phosphate to each gallon of water. d. After floor washing has dried, HEPA vacuum clean surfaces until no visible residue remains. L. WASTE DISPOSAL 1. The Contractor shall remove daily all lead waste from the work area. 2. The Contractor shall be responsible for removing, controlling, waste materials, all treated as hazardous waste until classification through testing is completed. This includes not only solid wastes but also waste water generated from interim and final clean -up. a. During the actual abatement, the Contractor shall not leave debris in the work area or adjacent property, incinerate debris, dump waste into landfills, or introduce lead- contaminated water into storm or sanitary sewers. Vacant Buildings 11 338 and 344 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 3. For disposal of waste materials, the requirements of the Resource Conservation and Recovery Act (RCRA) as well as applicable state and local solid waste plan requirements shall be complied with. a. Testing of lead- contaminated waste materials per the US EPA's Toxicity Characteristics Leaching Procedure (TCLP) will be conducted. b. If the TCLP results equal or exceed 5.0 mg /I of lead, the waste must be handled as hazardous waste, to be transported to a licensed treatment, storage, and disposal facility (TSDF). c. If the TCLP results are below the regulatory threshold of 5.0 mg /I, the wastes are not considered as being hazardous and can be disposed of as construction debris. d. Results of TCLP testing and analysis will be submitted to the Consultant before disposal of the particular waste stream. e. The following waste materials will be tested to determine whether or not they are hazardous wastes: 1.) Lead paint chips. 2.) Waste water. 3.) Dust from HEPA filters and from damp sweeping. 4.) Plastic sheets, duct tape, or tape used to cover floors and other services during the abatement activities. 5.) Rags, sponges, mops, HEPA filters, respirator cartridges, scrapers, and other materials used for cleanup. 6.) Disposable work clothes and respirator filters. 7.) Any other items contaminated with lead -based paint. f. Non - hazardous solid wastes shall be placed in double (6 mil) or single (10 mil) polyethylene bags that are air tight and puncture resistant. 1.) The Contractor shall contain and properly dispose of all liquid waste, including lead -dust contaminated wash water. 2.) Exteriors of all containers and disposal bags shall be HEPA vacuumed prior to their removal from the work area and shall be wet wiped. Containers and bags should then be moved into the designated storage area. 3.) The Contractor shall carefully place the containers into a truck or dumpster used for disposal. Vacant Buildings 12 338 and 344'% Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 g. Disposal of Hazardous Waste (as determined by analytical testing): The Contractor shall be required to comply with the RCRA regulations. 1.) Lead - contaminated debris shall not be stored in the work area while awaiting testing and removal. A temporary hazardous waste storage area shall be designated and managed for storage, in compliance with all federal, state, and local regulations. 2.) Waste containers used will comply with EPA and DOT regulations for containers used in storing and hauling hazardous wastes. 3.) If the Contractor is not a certified hazardous waste transporter, a subcontract shall be entered into with a certified transporter to move the hazardous wastes. The third party hauler shall be required to follow RCRA regulations, and all manifestation of the transport and disposal of the hazardous wastes shall be completed and submitted to the Owner's Representative. 4.) Copies of transport and disposal manifests shall be submitted to the Owner's representative for distribution to Owner's Project Management team and Environmental Management and Hazardous Waste Program. M. POST ABATEMENT SUBMITTALS 1. The Contractor shall provide a total of 5 copies of each submittal. The submittals will be provided to the Owner's Representative for distribution to Owner's Project Management team, and Environmental Management and Hazardous Waste Program. Each set of submittals will be bound using three -hole punch paper. 2. The Contractor shall submit to the Owner's Representative copies of all manifests for the transportation and disposal of solid and hazardous wastes generated. 3. The Contractor shall submit to the Owner's Representative copies of all records indicating that the abatement work has been performed in compliance with applicable regulation and these specifications. BUILDING DEMOLITION PART 1 - GENERAL GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: Demolition work includes the complete wrecking of structures including, but not limited to, roof, walls, structural framing, slab, foundation, and the removal /disposal of all demolished materials located at the properties located at 338 and 344 Proctor Street in Port Arthur, Texas. All below grade construction and concrete slabs on grade shall be removed and disposed of. All disturbed areas shall be properly graded after demolition is complete. No ponding will be allowed to occur. Adjacent structures and properties, including 348 Proctor Street, shall be protected at all times during the demolition process. No interruption of utilities shall occur at adjacent properties. No disturbance shall occur at 348 Proctor Street other than the Vacant Buildings 13 338 and 344' Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 dismantling /reassembling of the blue /white striped tent covers. The tent covers shall be removed prior to demolition and reassembled after all work is complete. The Contractor shall be responsible for the safekeeping of the tent covers throughout the project. The Contractor shall take note that transite material exist on the office structure at 348 Proctor Street. All sidewalks located adjacent to Proctor Street shall remain intact. All concrete shall be removed up to the alley drive located on the south side of the property. Contractor shall obtain a permit from the City of Port Arthur to close one lane of Proctor Street to facilitate the safe demolition of the buildings. All walls shall be removed in their entirety, excluding the side wall adjacent to 348 Proctor Street. The entire length of this wall shall be carefully removed down to a height of 12 feet plus or minus 6 inches. The majority of the wall will need to be demolished by hand to prevent any damage to the buildings located at 348 Proctor Street. If necessary, the wall shall be "saw -cut" at the proper height. Any pre- existing structurally damaged areas found on the wall scheduled to remain shall be brought to the attention of the City of Port Arthur. The wall scheduled to remain shall be left in a safe and non - compromising position. Once the wall is demolished to a height of 12 feet, the City of Port Arthur will be responsible for conducting a final inspection of the wall to determine its structural integrity. The City has taken full responsibility of the wall (as noted in the waiver letter dated August 10, 2012) and will be responsible for bracing the wall to make sure it is structurally sound. All asphalt, concrete, tire bumpers, signs, sign posts, non City -owned sidewalks, dead trees, brush, etc. located within the battery limits of the property shall be removed in their entirety. All work shall be conducted to the satisfaction of the Owner and governing authorities. In addition, the project will include the proper removal, transportation and disposal of "left-in- place" asbestos containing materials and lead -based paint materials as described in previous sections of this document in accordance with all applicable federal, state and local regulations. The contractor shall properly transport and dispose these materials. Building debris shall be kept wet at all times and work area shall be demarcated. Workers involved with the removal of this asbestos material shall be EPA NESHAP trained and shall wear appropriate PPE at all times. Any abatement activities will follow all applicable rules and regulations, including EPA NESHAP and OSHA regulations. Contractor shall submit the EPA required 10 day notification prior to beginning work. SUBMITTALS: Submit proposed schedule and methods and operations of demolition to the Owner for review prior to the start of work. Include in the schedule the coordination for shut -off, capping and continuation of utility services as required. Include any and all correspondence from governing authorities. 1.10 JOB CONDITIONS Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. The Owner assumes no responsibility for the actual condition of structures to be demolished. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. Items of salvable value to the Contractor may be removed from the structure as the work progresses. Salvaged items must be transported from the Project Site as they are removed. Vacant Buildings 14 338 and 344'/2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 Storage or sale of removed items on the Project Site will not be permitted. Historic artifacts, including time capsules, cornerstones and their contents, commemorative plaques and tablets, antiques, and other articles of historic significance remain the property of the Owner. Notify Owner's Representative if such items are encountered and obtain acceptance regarding method of removal and salvage for Owner. The use of explosives will not be permitted. Do not bring explosives to the Project Site or use any explosives without the written consent of authorities having jurisdiction. Such written consent will not relieve the Contractor of total responsibility for any injury to persons or for any damage to property due to blasting operations. Perform required blasting complying with governing regulations. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. Erect temporary covered passageways as required by authorities having jurisdiction. Provide interior and exterior shoring, bracing, or support to prevent movement or settlement or collapse of structure to be demolished and adjacent facilities to remain. Promptly repair damages caused to adjacent facilities by demolition operations at no cost to the Owner. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. The Contractor will disconnect and seal the utilities serving each structure to be demolished, prior to the start of demolition work, upon written request of the Owner. 3.01 DEMOLITION Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. Comply with the governing regulations pertaining to environmental protection. Vacant Buildings 15 338 and 344 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 Do not use water in excess when it may create hazardous or objectionable conditions such as ice, flooding and pollution. Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Consultant or governing authorities. Return adjacent areas to condition existing prior to the start of the work. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. Small structures may be removed intact when acceptable to the Consultant and approved by the authorities having jurisdiction. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. Demolish concrete and masonry in small sections. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. DISPOSAL OF DEMOLISHED MATERIALS: Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. Burning of removed materials from demolished structures will not be permitted on the Project Site. Vacant Buildings 16 338 and 344 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 General Demolition Notes 1. Demolish all structures within the property lines including (but not limited to) roof, walls, slab, structural framing, foundation, plants, sidewalks, etc. complete. Use care not to damage adjacent buildings and to confine operations within project limits. Contractor shall remove all debris from site. 2. Demolish and remove below -grade construction and concrete slabs -on- grade. 3. All disturbed areas shall be properly graded after demolition is complete. No ponding shall be allowed to occur. 4. Contractor to take measures to protect trees outside of construction limits. 5. Cut and cap existing gas line. Coordinate work with the gas company. 6. Cut and cap existing sanitary sewer. 7. Contractor shall coordinate shut down of electrical service. 8. Contractor shall protect the storm sewers, contain any runoff and keep adjacent streets and parking lots free of debris, dirt, mud, etc. 9. Structures to remain in place shall be protected from damage during all phases of work. 10. Contractor shall patch and repair all exposed openings or damage due to demolition at no cost to the Owner. 11. Contractor to coordinate the shut -off and capping of utility services as required. 12. Contractor shall be responsible for fencing Work area. 13. Contractor shall field verify the work indicated prior to work. Report discrepancies or concerns immediately to Owner or Owner's representative. 14. Buildings and other structures to be demolished will be vacated and discontinued in use prior to the start of the work. 15. The Owner assumes no responsibility for the actual condition of structures to be demolished. 16. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. 17. The Contractor shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site overnight. No such debris or material will be placed on a sidewalk or public right -of -way so that it poses a danger to any person. 18. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within the structure may occur by Owner's removal and salvage operations prior to the start of the demolition work. 19. Storage or sale of removed items on the Project Site will not be permitted. 20. The use of explosives will not be permitted. 21. Conduct demolition operations and the removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Vacant Buildings 17 338 and 3441/2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 22. Ensure the safe passage of persons around the area of demolition. Conduct operations to prevent injury to adjacent buildings, structures, other facilities, and persons. 23. Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations. 24. Do not interrupt existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction. Provide temporary service during interruptions to existing utilities, as acceptable to the governing authorities. 25. Use water sprinkling, temporary enclosures, and other suitable methods to limit the amount of dust and dirt rising and scattering in the air to the lowest practicable level. 26. Comply with the governing regulations pertaining to environmental protection. 27. Do not use water when it may create hazardous or objectionable conditions such as ice, flooding and pollution. 28. Clean adjacent structures and improvements of all dust, dirt and debris caused by demolition operations, as directed by the Owner or Owner's Representative or governing authorities. Return adjacent areas to condition existing prior to the start of the work. 29. Demolish buildings completely and remove from the Project Site. Use such methods as required to complete the work within the limitations of governing regulations. 30. Small structures may be removed intact when acceptable to the Owner or Owner's Representative and approved by the authorities having jurisdiction. 31. Proceed with demolition in a systematic manner, from the top of the structure to the ground. Complete demolition work above floor before disturbing any of the supporting members on ground level. 32. Demolish concrete and masonry in small sections. 33. Remove structural framing members and lower to ground by means of hoists, derricks, or other suitable methods. 34. Break up and remove concrete slabs -on- grade, grade beams and top of concrete footings. 35. Locate demolition equipment throughout the structure and remove materials so as not to impose excessive loads to walls, floors or framing to remain. 37. Grade the surface to meet adjacent contours and to provide flow to surface drainage structures. 38. Remove from the Project Site all debris, rubbish and other materials resulting from demolition operations. 39. After grading is complete, the site shall be cleaned of all construction debris 2" in diameter and larger. 40. Burning of removed materials from demolished structures will not be permitted on the Project Site. 41. Contractor shall mow all grass with a finish lawnmower prior to completion of project. 42. The contractor shall be responsible for locating any underground utilities located in the work area. Vacant Buildings 18 338 and 3441/2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 SCOPE The scope and purpose of these specifications is to establish certain regulations, general requirements, and particular requirements necessary for the demolition, removal and cleanup of the unsafe, vacant buildings located at the subject addresses as required by the City of Port Arthur. PERMITS The Contractor /Successful Bidder must obtain from the City of Port Arthur and all other governmental entities, at his own expense, all necessary general and special permits and pay any and all fees for said permits and any other fees, public or private. All Contractors are required to have a Landfill Permit, which includes a minimum escrow account of five hundred dollars ($500). If you opt not to set up an escrow account, you must pay cash or by cashier's check as you dispose. GENERAL CONDITIONS AND REQUIREMENTS The following list of conditions and requirements are to be understood as being a general guide in the demolition of the building. A. It is understood and agreed that the Contractor /Successful Bidder will function and operate as an independent contractor. Any liability incurred by the Contractor /Successful Bidder will accrue only to that party as an independent contractor and not to the City of Port Arthur or its Consultant. B. No work under a City DEMOLITION CONTRACT shall be subcontracted by the Contractor /Successful Bidder without prior, written approval. No subcontractor will be approved unless that subcontractor meets the same insurance requirements specified for and required of the Contractor. C. The demolition work specified herein shall be performed in a safe, satisfactory condition, starting with the roof and working down, with the safety and welfare of all people and property being of the highest priority. D. All materials, debris, and rubble from the demolition of the building specified herein will become the property of the Contractor /Successful Bidder. Salvage can only begin immediately prior to the beginning of demolition. E. The Contractor /Successful Bidder will be held responsible for repair of broken or damaged water, gas, or any other type of lines, which occur during the course of the demolition work. The Contractor shall repair or replace, if necessary, to the City's satisfaction, any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas that may have suffered damage as a result of the Contractor's or any of the subcontractor's operations. The Contractor shall leave these areas in a satisfactory condition. F. The Contractor /Successful Bidder shall haul off all debris and unsalvageable materials; and no debris or rubble which may pose a threat to public safety will be left on the site Vacant Buildings 19 338 and 344%2 Procter Street Port Arthur, Texas NESHAP Demolition Project EHS Services November 2012 overnight. No such debris or material will be placed on a sidewalk or public right -of -way so that it poses a danger to any person. G. All demolition work must be carried out to the satisfaction of the City's Inspections Official. 1. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or failure to make prompt payment therefore. H. If the Contract is terminated as provided above or as provided in the Contract, the City will engage another contractor to complete the work. Payment for the completion of such work will come from funds obligated by the City under its contract with the original Contractor. PARTICULAR WORK REQUIREMENTS The following particular work requirements and conditions apply specifically to the building located at the subject addresses in Port Arthur, Texas. A. Before the building is demolished, its utilities shall be safely disconnected. The Contractor shall serve notice to all suppliers of utilities to the building to be demolished and have them disconnect the services and remove all meters and equipment belonging to them. Forty -eight (48) hours' written notice must be given the City for termination of their utilities. All piping and wiring shall be properly terminated. Any costs incurred in the termination of utilities and services shall be borne by the Contractor. B. Demolition and clean -up includes, but is not limited to, the removal of all lumber, doors, windows, wire, sheet metal, appliances, furniture, loose rock, brick, mortar, concrete, and the cleaning and removal of all rubbish, trash or other debris that would inhibit or prevent the mechanical mowing of said lot and premises. The building foundation shall be removed. C. Fill, grade and level with clean fill dirt all depressions in the earth which exist on the lot and all ruts or other depressions created during the demolition work when the average depth of such depressions exceeds three (3) inches. D. The grass at the demolition site shall be mowed to a height not exceeding two (2) inches. E. All sewer lines exposed through demolition work must be cut off within two (2) inches of the surface to the ground or concrete slab and must be plugged with concrete in such a manner as to prevent ground water incursion into the City's sanitary sewer system. F. HAZARDOUS MATERIALS Materials defined by the Environmental Protection Agency to be hazardous to the environment or persons, shall be disposed of in accordance with all local, state and federal government regulations and governing laws. This shall be the responsibility of the Contractor. The Contractor shall furnish written proof of such disposal. Vacant Buildings 20 338 and 344% Procter Street Port Arthur, Texas NESHAP Demolition Project ,t•RQr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD,YYYY) 1/1/2013 1 41122012 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 POUCIES r IELOW. 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 AODIT1ONAL INSURED, the policy(les) 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 Hsu of such endorsement(s). PRODUCER Lodcton Companies, LLC-1 Kansas City •, , ;;, T 444 W. 47th Street, Suite 900 i , • . Excr. alc, Nor. Kansas City 64112 -1906 (816) 960 -9000 ADDRESS' 1 tF INSURERfS1 AFFORDING COVERAGE NAIL # INSURER A : Stan Indemnity & Liability Company 38318 INSURED GENTECH CONSTRUCTION COMPANY, LLC INSURER B : Federal Insurance Company 20281 1339539 10350 RICHMOND AVE., SUITE 910 C , HOUSTON TX 77042 MSURER 0 : INSURER E INSURER F : - COVERAGES GENCO04 GE CERTIFICATE NUMBER: 11300557 REVISION NUMBER: XXXXXXX 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. Lilt TYPE OF INSURANCE " IN POUCY NUMBER IIBDDI AI t N % LIMITS A GENERAL LIABILITY y y SISIEIL70079711 4/13/2012 1/1 /2013 EACH OCCURRENCE s 1,000,000 . W" S T X COMMERCIAL GENERAL LIABILITY .i F oeeurronee) s 50,000 1 CWMSMADE in OCCUR MED EXP (MY one person) S 5,000 PERSONAL 8 ADV INJURY s 1,000,000 GENERAL AGGREGATE 3 2,000,000 GEM AGGREGATE UMIT APPLIES PER: PRODUCTS - COMPIOP AGGI S 2,000,000 7 POLICYn J E& n LOc 3 AUTOMOBILE LIABILITY Y y SISIPCA08207312 4/13/2012 1/1/2013 f& SINGLE Lnul14 $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) S X ALL OWNED SCHEDULED BODILY INJURY (Per accident $ )000000( X HIRED AUTOS X N�;I f DAMAGE 3 XXXXXXX 3 A X UMBRELLA LIAR L IXN occuR Y Y SISV71033512 4/13 /2012 1/1 /2013 EACH OCCURRENCE $ 1,000,000 EXCESS UM I CLAIMS -MADE AGGREGATE 3 1,000,000 woRK IT a Li RETENTION s 3 XX COMPENSATION Y /N Y 0044727 4/13 /2012 1/1/2013 X IT K sI 'Tr B AND a rtoyenv mown, EL EACH ACCIDENT s 1,000,000 cunvE © N ! A pr„w.wv M NMl EL DISEASE - EA EMPLOYEE $ 1,000400 n OCAPOON eurbe OF below € L. DISEASE - POUCY Lear - S 1,000,000 A POLLUTION N N SISIE1L70079711 4/13 /2012 1/1 /2013 A�� DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES //Attach ACORD 101. Additional Remeells Schedule, H more space Is required) THE COUNTY IS ADDED AS AN ADDITIONAL INSURED TO ALL LINES EXCEPT WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY AS REQUIRED BY SIGNED WRITTEN CONTRACT. COVERAGE 1S PRIMARY. WAIVER OF SUBROGATION APPLIES WHERE REQUIRED BY SIGNED WRTITEN CONTRACT AND WHERE ALLOWED BY LAW. BUILDER'S RISK COVERAGE FOR 100% OF THE PROJECT'S INSURABLE VALUE WILL BE SECURED UPON AN AWARDED BID. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. 11300557 AUTHORIZED REPRESENTATIVE SAMPLE CERTIFICATE I ACORD 25 (2010/05) 6 2010 AC1 RPORATION. Ail rights reserved P.R. NO. 17478 01/07/2013 Page 6 of 7 EXHIBIT " C" P. R. #17478 Exhibit "C" (City of Port Arthur) (Law Department) (Required Form) (07/08/88) (10/05/89) (03/15/90) (p.2 Revised 09 /18/90) CERTIFICATE OF STANDARD FORM CONTRACT FOR LAW DEPARTMENT REVIEW AND CITY COUNCIL AGENDA I certify that the contract (hereinafter called "said contract ") affixed to the attached proposed City Council Resolution No. 17478 is an exact duplicate of an applicable standard form contract (the title of which is shown below) previously approved by the Law Department and adopted as a standard form by City Council Resolution, except for the blanks that have been filled in with all necessary information and except for the changes described below. The title of the applicable standard form contract is [x 1 Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89 [ 1 Non - Federally Funded Construction Contract, Revised 01/05/88, 07/89, 08/89 [ 1 Federal - Professional Services - Engineering Contract, Revised 01/05/88, 05/89, 07/89, 04/91 [ 1 Non - Federal - Professional Services - Engineering Contract, Revised 01/05/88, 05/89( §10), 07/89( §8) [ 1 CDBG - Professional Services - Engineering Contract, Revised 01/05/88, 05/89,§ 07/89§ [ 1 Federal - Professional Services - Non-Engineering (Consrrltamt) contract, Revised 01/05/88, 05/89( §10), 07/8908) [ 1 Non- Federal - Professional Services - Non-Engineering (Consultant) Contract Revised 01/85/8*, 05/89( §10), 07/89( §8) [ 1 CDBG - Professional Services - Non -lam ( Consultant) Contract, Revised 01/05/88, 05/89010), 07/89(01) Other Standard Form Contract, described as follows: The c are as follows: (Put an "X" in the appropriate [ 1)- 11 None. [ 1 The following described provisions at the indicated page, sods, eta of the standard form have been deleted from said contract: Section or Section or Page Number Paragraph No. SaiPararialPh No- Where Deleted and Caption and Caption Provision is Which Contains Which Contains Description of Found On Parisian Deleted Provision Deleted Pntvis inn Sunulard Farm Fran Form Frain Font Dekled I P.R. #17478 Exhibit "C" 1 1 The following described provisions at the indicated page, section, etc. of the standard isms have hem altered, modified, replaced or otherwise ctiange& ALTERATIONS, MODIFICATIONS, REPLACEMENTS, ETC. Sob § or Page, § & cacaos; Page No. § or § No. Sub § No. sub § & cation, Where & Caption: of & Caption etc. of said contract Provision Stanford of Standard Description which cramtains Found Oil Form which form which of Provision altered, etc. provision; & Standard Ca.tms Carlos dos a Standard Description of Marion Foray Provision Provision Form etc.. 1 t The following provisions have been added to Said Contract Page, Section and Caption Subsection asd Caption, etc. of said Contract Which Contains the Aided Provision aid Description Thaeof 1 further cxitify that said attached proposed City Council Resabdias cairns the foRma ng provision: 'That said coetract is as exact duplicate 61a City Standard Form Contract except far the clomps mps deramed in rieCatiica a of Standard Form Contract, a copy amuck is attached L.J. as Exhilit'W' and is loo eiy inos}araled by asfsomee, and said dances are hereby approval* 1 =dastard Bart cis aertdivate be oohed no by lie Law Dop■ ert in aescsfiag and approving for mi aing) as to fano and by the City Card in revienisg aid adapting ter re isg) said Resolution and Contract Signed this clay of February, au Coffees Rassell, Dina_ of Use= 2 P.R. NO. 17478 01/07/2013 Page 7 of 7 EXHIBIT " D" Federally Required Contract Clauses for Construction Services Contracts 1 Table of Contents 1. Fly America Requirements 2. Buy America Requirements 3. Cargo Preference Requirements 4. Seismic Safety Requirements 5. Energy Conservation Requirements 6. Clean Water Requirements . Lobbying 8. Access to Records and Reports 9. Federal Changes 10. Bonding Requirements 11. Clean Air 12. Davis -Bacon Act 13. Contract Work Hours and Safety Standards Act 14. Copeland Anti- Kickback Act 15. No Government Obligation to Third Parties 16. Program Fraud and False or Fraudulent Statements and Related Acts 17. Termination 18. Government -wide Debarment and Suspension (Non - procurement) 19. Privacy Act 20. Civil Rights Requirements 21. Breaches and Dispute Resolution 22. Disadvantaged Business Enterprises (DBE) 23. State and Local Law Disclaimer 24. Incorporation of Federal Transit Administration (FTA) Terms • Bidders are strongly advised to read and adhere to all signature and contractual requirements. Requirements are specifically outlined within this Contract Agreement. Failure to comply with all requirements could result in the bid being rejected as non - responsive. Federally Required Contract Clauses for Construction Services Contracts 2 1. FLY AMERICA REQUIREMENTS 49 USC § 40118 41 CFR Part 301 -10 Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Model Clause /Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language. Fly America Requirements - The Contractor agrees to comply with 49 USC § 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. 2. BUY AMERICA REQUIREMENTS 49 USC § 5323(j) 49 CFR Part 661 Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000). Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 3 Mandatory Clause /Language The Buy America regulation, at 49 CFR § 661.13, requires notification of the Buy America requirements in FTA- funded contracts, but does not specify the language to be used. The following language has been developed by FTA. Buy America - The contractor agrees to comply with 49 USC § 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR § 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR § 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder or offeror must subrnit to the FTA recipient the appropriate Buy America certification (below) with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non - responsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 USC § 5323(j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 USC § 5323(j)(1) and the applicable regulations in 49 CFR Part 661. Date December 27, 2012 Signature vw Company Name enT -' onstruction Company, LLC Title Vi ; Presid it - Environmental Services Certificate of Non - Compliance with 49 USC § 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC § 53230)(1), but it may qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or 0)(2)(D) and the regulations in 49 CFR § 661.7. Date N/A N/A Signature Company Name N/A 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 4 Title N/A Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 USC § 5323(j)(2) The bidder or offeror hereby certifies that it will comply with the requirements of 49 USC § 5323(j)(2)(C) and the regulations at 49 CFR Part 661. Date December 27, 012 Signature _ '�'•• Company Name ' enT ' ' onstruction Company, LLC Title Vice Pr; ident - Environmental Services Certificate of Non - Compliance with 49 USC § 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC § 5323(j)(2)(C), but may qualify for an exception pursuant to 49 USC § 53230)(2)(B) or (j)(2)(D) and the regulations in 49 CFR § 661.7. Date N/A Signature N/A Company Name N/A Title N/A 3. CARGO PREFERENCE REQUIREMENTS 46 USC § 1241 46 CFR Part 381 Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities that may be transported by ocean vessels. Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or coYnmodities by ocean vessel. Model Clause /Language The MARAD regulations at 46 CFR § 381.7 contain suggested contract clauses. The following language is proffered by FTA. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 5 Cargo Preference - 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 FTA 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. 4. SEISMIC SAFETY REQUIREMENTS 42 USC § 7701 et seq. 49 CFR Part 41 Applicability to Contracts The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. Flow Down The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. Model Clauses /Language The regulations do not provide suggested language for third -party contract clauses. The following language has been developed by FTA. 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. 5. ENERGY CONSERVATION REQUIREMENTS 42 USC § 6321 et seq. 49 CFR Part 18 Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 6 Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause /Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 6. CLEAN WATER REQUIREMENTS 33 USC § 1251 Applicability to Contracts The Clean Water requirements apply to each contract and subcontract which exceeds $100,000. Flow Down The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/ Language While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements. Clean Water - (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 USC § 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 FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 7. LOBBYING 31 USC § 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/ Architectural and Engineering/ Acquisition of Rolling Stock /Professional Service Contract /Operational Service Contract /Turnkey contracts. Flow Down 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 7 The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti- Lobbying Amendment, 31 USC § 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7. Mandatory Clause /Language - Clause and specific language therein are mandated by 49 CFR Part 19, .Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, PL 104 -65 [to be codified at 2 USC § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 USC § 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti- Lobbying Amendment, 31 USC § 1352, as amended by the Lobbying Disclosure Act of 1995, PL 104 -65 [to be codified at 2 USC § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any 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 USC § 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non - Federal funds with respect to that Federal contract, grant or award covered by 31 USC § 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR Part 20 -- CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 8 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 making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PL 104 -65, to be codified at 2 USC § 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. [Note: Pursuant to 31 USC §1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] GenTech Construction Company, LLC The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees tha th _ 'o isions of 31 USC § A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Samu • icet�? V •. - En e • •ntal Services Name and Title of Contractor's Authorized Official - 10 • er 27, 2012 Date 8. ACCESS TO RECORDS AND REPORTS 49 USC § 5325 18 CFR § 18.36 (i) 49 CFR § 633.17 Applicability to Contracts 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 9 Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/ Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA 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 FTA 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 USC § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC § 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 CFR § 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 USC § 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC § 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non - profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 CFR § 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 USC § 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC § 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 10 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR § 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. Requirements for Access to Records and Reports by Types of Contract Contract Operatio Turnkey Constructi Architectu Acquisitio , Profession Characteristi nal on ral n of al Services cs Service Engineeri Rolling Contract ` ng Stock 1 State Grantees None Those None None None None imposed on a. Contracts state pass below SAT None thru to Yes, if None None None ($100,000) unlessl Contractor non- unless i unless unless non- competitiv non- non- non - b. Contracts competiti e award or competitiv competitiv ' competitiv above ve award if funded e award e award e award $100,000 / Ca thru2 pital Projects 5307/5309 /5311 II Non State Grantees Those Yes= imposed on Yes Yes Yes Yes a. Contracts ` non -state below SAT Yes Grantee Yes Yes Yes Yes ($100,000) pass thru to b. Contracts Contractor above $100,000 /Ca pital Projects , Sources of Authority: 1 49 USC § 5325 (a) 2 49 CFR § 633.17 s 18 CFR § 18.36 (i) 9. FEDERAL CHANGES 49 CFR Part 18 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 11 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/ Language No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (6) dated October, 1999) between Purchaser and FTA , 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. 10. BONDING REQUIREMENTS Applicability to Contracts - For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part to the Contractor for 100 percent of the contract price. A " performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) S2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 12 assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Bonding requirements flow down to the first tier contractors. Model Clauses / Language FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction ) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to City of Port Arthur and listed as a company currently authorized under 31 CFR §, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by City of Port Arthur to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of City of Port Arthur. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the hid opening without the written consent of City of Port Arthur, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and /or Official Bank Check (excluding any income generated thereby which has been retained by City of Port Arthur provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense City of Port Arthur for the damages occasioned by default, then the undersigned bidder agrees to indemnify City of Port Arthur and pay over to City of Port Arthur the difference between the bid security and (Recipient's) total damages, so as to make City of Port Arthur whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 13 The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the City of Port Arthur determines that a lesser amount would be adequate for the protection of the City of Port Arthur 2. The City of Port Arthur may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City of Port Arthur may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds 1. The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one hall million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the City of Port Arthur may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non - Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. (a) The following situations may warrant a performance bond: 1. City of Port Arthur property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the City of Port Arthur, after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 14 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the City of Port Arthur determines that a lesser amount would be adequate for the protection of the City of Port Arthur 2. The City of Port Arthur may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The City of Port Arthur may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1. The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million; (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The City of Port Arthur shall determine the amount of the advance payment bond necessary to protect the City of Port Arthur Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The City of Port Arthur shall determine the amount of the patent indemnity to protect the City of Port Arthur Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to City of Port Arthur, the Architect and /or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by City of Port Arthur, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 15 1 The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by City of Port Arthur and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to City of Port Arthur As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City of Port Arthur written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100 %) of the CONTRACT SUM, as adjusted (if at all). 11. CLEAN AIR 42 USC § 7401 et seq. 40 CFR §15.61 49 CFR Part 18 Applicability to Contracts The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Flow Down The Clean Air requirements flow down to all subcontracts that exceed $100,000. Model Clauses/ Language No specific language is required. FTA has proposed the following language. Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC § 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 FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 12. DAVIS -BACON ACT 40 USC § &167; 276a - 276a -5 (1995) 29 CFR § 5 (1995) Applicability to Contract Construction contracts over $2,000.00 Flow Down Applies to third party contractors and subcontractors 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 16 Model Clause/ Language (The language in this clause is mandated under the DOL regulations at 29 CFR § 5.5.) (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a) (4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) 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. (iii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (iv)(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 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 17 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 (1)(iv) (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 - The [ insert name of grantee 1 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, the [ insert name of grantee 1 may, after written notice to the contractor, sponsor, applicant, or 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 18 owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR § 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the [insert name of grantee ] for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 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 29 CFR Part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 19 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 (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 (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12. (4) 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, which 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. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 20 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. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 21 (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR § 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12. (8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001. 13. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 40 USC § 327 -333 (1995) 29 CFR § 5 (1995) 29 CFR § 1926 (1995) Applicability to Contracts Section 102 of the Act, which deals with overtime requirements, applies to: - all construction contracts in excess of $2,000 and; - all turnkey, rolling stock and operational contracts (excluding contracts for transportation services) in excess of $2,500. (The dollar threshold for this requirement is contained in the current regulation 29 CFR § 5.15.) Section 107 of the Act that deals with OSHA requirements applies to construction contracts in excess of $2,000 only. The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. Flow Down Applies to third party contractors and subcontractors. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 22 Model Clauses /Language Pursuant to Section 102 (Overtime): ( These clauses are specifically mandated under DOL regulation 29 CFR § 5.5 and when preparing a construction contract in excess of $2,000 these clauses should be used in conjunction with the Davis -Bacon Act clauses as discussed previously. For nonconstruction contracts, this is the only section required along with the payroll section.) (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee or recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. ( Section 102 nonconstruction contracts should also have the following provision:) (5) 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 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 23 number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR § 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Section 107 (OSHA): (This section is applicable to construction contracts only) Contract Work Hours and Safety Standards Act - (i) The Contractor agrees to comply with section 107 of the Contract t Work Hours and Safety Standards Act, 40 USC § section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 CFR Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii)Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor' if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. 14. COPELAND ANTI- KICKBACK ACT 40 USC § 276c (1995) 29 CFR § 3 (1995) 29 CFR § 5 (1995) Applicability to Contracts 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 24 All construction contracts in excess of $2,000. Flow Down Applicable to all third party contractors and subcontractors. Model Clauses /Language 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The language can be found at § 5.5(a)(5) of the Davis -Bacon model clauses and reads as follows: 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. Since there is no specific statutory or regulatory requirements for additional mandatory language, I would recommend that no additional clauses are necessary for this provision. 15. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause /Language While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. (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 FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 16. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 USC § 3801 et seq. 49 CFR Part 31 18 USC § 1001 49 USC § 5307 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 25 Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause /Language These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC § 3801 et seq. . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR 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 FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 17. TERMINATION 49 USC Part 18 FTA Circular 4220.1D Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. 08/ 09/ 01 Federally Required Contract Clauses for Construction Services Contracts 26 Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause / Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The City of Port Arthur may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City of Port Arthur to be paid the Contractor. if the Contractor has any property in its possession belonging to the City of Port Arthur, the Contractor will account for the same, and dispose of it in the manner the City of Port Arthur directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Port Arthur may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Port Arthur that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Port Arthur, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The City of Port Arthur in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to City of Port Arthur's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor or written notice from City of Port Arthur setting forth the nature of said breach or default, City of Port Arthur shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City of Port Arthur from also pursuing all available remedies against Contractor and its sureties for said breach or default. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 27 d. Waiver of Remedies for any Breach In the event that City of Port Arthur elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City of Port Arthur shall not limit City of Port Arthur's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The City of Port Arthur, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Port Arthur may terminate this contract for default. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Port Arthur may terminate this contract for default. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City of Port Arthur, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and City of Port Arthur shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Port Arthur h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City of Port Arthur may terminate this contract for default. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 28 Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the City of Port Arthur in writing of the causes of delay. If in the judgment of the City of Port Arthur, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Port Arthur shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The City of Port Arthur may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Port Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 29 j. Termination for Convenience of Default (Cost -Type Contracts) The City of Port Arthur may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Port Arthur or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Port Arthur, or property supplied to the Contractor by the City of Port Arthur If the termination is for default, the City of Port Arthur may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Port Arthur and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Port Arthur, the Contractor shall be paid its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the City of Port Arthur determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Port Arthur, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 18. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NON- PROCUREMENT) 49 CFR Part 29 Executive Order 12549 Applicability to Contracts Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub - recipients from contracting for goods and services from organizations that have been suspended or debarred from receiving Federally assisted contracts. As part of their applications each year, recipients are required to submit a certification to the effect that they will not enter into contracts over $100,000 with suspended or debarred contractors and that they will require their contractors (and their subcontractors) to make the same certification to them. Flow Down Contractors are required to pass this requirement on to subcontractors seeking subcontracts over $100,000. Thus, the terms "lower tier covered participant" and "lower tier covered transaction" include both contractors and subcontractors and contracts and subcontracts over 5100,000. Model Clause/ Language (Instructions) The certification and instruction language is contained at 29 CFR Part 29, Appendix B, and must be included in IFB's and RFP's [for inclusion by contractors in their bids or proposals] for all contracts over $100,000, regardless of the type of contract to be awarded. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Lower Tier Covered Transactions (Third Party Contracts over $100,000). 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 30 Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below . 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, City of Port Arthur may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to City of Port Arthur if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction, debarred, "suspended," ineligible, lower tier covered transaction," : "participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact City of Port Arthur for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by City of Port Arthur 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 31 is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, City of Port Arthur may pursue available remedies including suspension and /or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 CFR § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. 19. PRIVACY ACT 5 USC § 552 Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Flow Down The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Model Clause /Language The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA. 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: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 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. 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 32 (2) 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 FTA. 20. CIVIL RIGHTS REQUIREMENTS 29 USC § 623, 42 USC § 2000 42 USC § 6102, 42 USC § 12112 42 USC § 12132, 49 USC § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/ Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shorten the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49 USC § 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 FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 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 CFR 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 USC § 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 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 33 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 FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623 and Federal transit law at 49 USC § 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 FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 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 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 21. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1D Applicability to Contracts 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. Flow Down The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/ Language FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City of Port Arthur's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 34 decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by City of Port Arthur, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Port Arthur and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Port Arthur is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Port Arthur, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 22. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Applicability to Contracts DEE provisions only apply to all DOT - assisted contracts. Disadvantaged Business Enterprise Provision 1. The Federal Fiscal Year goal has been set by City of Port Arthur in an attempt to match projected procurements with available qualified disadvantaged businesses. City of Port Arthur's goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by City of Port Arthur as set forth by the Department of Transportation Regulations 49 CFR Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any Contract Agreement resulting from this request for proposal. If a specific DBE goal is assigned to this Contract Agreement, it will be clearly stated in the Special Specifications, and if the Contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, City of Port Arthur may declare the Contractor non - complaint end in breach of Contract Agreement. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 35 Contract Agreement. (a) Policy - It is the policy of the Department of Transportation and City of Port Arthur that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract Agreement financed in whole or in part with federal funds under this Contract Agreement. Consequently, the DBE requirements of 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, apply to this Contract Agreement. The Contractor agrees to ensure that DBE's as defined in 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Contract Agreement. In this regard, the Contractor shall take ell necessary and reasonable steps in accordance with the regulations to ensure that DBE's have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of City of Port Arthur to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of City of Port Arthur's procurement activities is encouraged. (b) DBE obligation - The Contractor end its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Contract Agreement. In that regard, ell Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for end perform contracts. (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, the City of Port Arthur may declare the Contractor non - complaint end in breach of Contract Agreement. (d) The Contractor will keep records and documents for a reasonable time following performance of this Contract Agreement to indicate compliance With City of Port Arthur's DBE program. These records and documents will be made available et reasonable times and places for inspection by any authorized representative of City of Port Arthur and will be submitted to City of Port Arthur upon request. (e) City of Port Arthur will provide affirmative assistance as may be reasonable and necessary to assist the prime Contractor in implementing their programs for DBE participation. The assistance may include the following upon request: * Identification of qualified DBE * Available listing of Minority Assistance Agencies 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 36 * Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the Contract Agreement: (a) Disadvantaged business "means a small business concern ": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is et least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - This section is being developed to reflect the new rule in 49 CFR Part 26. 23. STATE AND LOCAL LAW DISCLAIMER Applicability to Contracts This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. Model Clause/ Language FTA has developed the following language. State and Local Law Disclaimer - The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. 24. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.113 08/09/01 Federally Required Contract Clauses for Construction Services Contracts 37 Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause /Language FTA has developed the following incorporation of terms language: Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 08/09/01