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PR 19445: INVLAND ENVIRONMENTS CONTRACT
City of 441 . 1411°f Texas INTEROFFICE MEMORANDUM Office of the Department of Code Compliance Demolition Division Date: July 7, 2016 To: Brian McDougal, City Manager Mayor and City Council From: Darlene Thomas-Pierre, Acting Director of Code Complianc'''I \ I Re: P.R.NO. 19445 —AWARDING A CONTRACT TO INLAND NVIRONMENTS,LTD FOR ASBESTOS/LEAD ABATEMENT&DEMOLITION OF THE OLD WATER TREATMENT PLANT LOCATED AT 1401 E. 19TH STREET COMMENT Nature of the Request: Staff recommends that the City Council adopt P. R. No. 19445 authorizing the City Manager to execute a contract with Inland Environments, Ltd. in the amount of$786,343.00 for asbestos/lead abatement and demolition and removal of the old water treatment plant located at 1401 E. 19th Street. StaffAnalysis/Considerations: The Texas General Land Office (GLO) has approved the use of Community Development Block Grant Disaster Recovery funding for the demolition and clearance of commercial properties that were damaged as a result of Hurricane Ike and are now uninhabitable. THIS IS THE SECOND PHASE OF THE IKE ROUND 2.2 COMMERCIAL DEMOLITION PROJECT. Bids for asbestos/lead abatement and demolition of 1401 E. 19th Street were opened on July 6,2016. Inland Environments, Ltd. is the lowest responsible bidder for the project; their bid is $786,343.00, to be completed within three-hundred and two (302) calendar days from the date they receive a Notice to Proceed. The completion time was prescribed by Arceneaux, Wilson & Cole. Bid award is based on the lowest and most responsive bid. The bid tabulation follows. CONTRACTOR AA/LEAD& ADD'L BID LOW TOTAL BID DEMOLITION VIBRATION *Inland Environments,Ltd., Kingwood,TX $786,343.00 $180,727.00 $967,070.00 AAR,Inc., Houston, TX $804,885.00 $658,000.00 $1,462,885.00 Whittaker Lane Contracting, LLC, San Antonio, TX $943,500.00 $200,000.00 $1,143,500.00 Cherry Demolition, Houston, TX $1,025,960.86 $209,015.08 $1,234,975.94 Cahaba Disaster Recovery, Beaumont, TX $1,079,726.06 $80,000.00 $1,159,726.06 *Successful Bidder (CONTINUED) 1 P.Ic.#19445—ASBESTOS/LEAD/DEMO CONTRACT—INLAND,LTD—07/27/16 PAGE 2 OF 2 The following six vendors also attended the mandatory pre-bid conference and walk-through,but did not submit bids: (1) C & C Demolition, Inc, Orange, TX; (2) CARES Contracting & Construction; (3) Coastal Demolition, Inc., Beaumont, TX; (4) PRC Environmental, Inc., Pasadena, TX; (5) Sitek Omni Services,LLC, Humble, TX; and(6) Texas Premier Services, LLC, Beaumont, TX. The additional bid for the low vibration method which entails saw cutting the structures was explored but not recommended. We do not believe that it is necessary;and it would seriously prolong the process and raise the cost beyond our budget. Recommendation: Staff recommends that the City Council adopt P.R.No. 19423 thereby authorizing the execution of a contract for asbestos/lead abatement and demolition between the City of Port Arthur and Inland Environments,Ltd. in the amount of$786,343.00. Bud,et Consideration: This project is funded by the Texas General Land Office; funds allocated by U. S. Dept. of HUD through CDBG(GLO Contract#13-339-000-7653/DRS220148).Acceptance of this recommendation will not require a budget amendment. Funding is available in Account No. 145-1201-532.59-00, Project# I22WP. DTP cc: Ron Burton Mary Essex Clifton Williams STRUCTURE TO BE DEMOLISHED: 1401 E. 19th Street(Old Water Treatment Plant) "Remember we are here to serve the Citizens of Port Arthur" 2 . Y P. R. No. 19445 07/07/16 DTP RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO INLAND ENVIRONMENTS, LTD. IN THE AMOUNT OF $786,343.00, AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR ASBESTOS/LEAD ABATEMENT AND DEMOLITION OF THE OLD WATER TREATMENT PLANT LOCATED AT 1401 E. 19TH STREET, TO BE CHARGED TO ACCOUNT NO. 145- 1201-532.59-00,Project#I22WP. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council of the City of Port Arthur hereby awards a contract for asbestos/lead abatement and demolition of the old water treatment plant located at 1401 E. 19th Street in the City of Port Arthur,to the best and lowest responsible bidder to-wit: Inland Environments,Ltd.,as delineated in Exhibit"A"; and, THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur an agreement between the City of Port Arthur and Inland Environments Ltd.,for the contract price of$786,343.00 (a copy of said contract is attached hereto as Exhibit"B"); and, THAT said contract is a duplicate of the standard form Contract previously approved by the City's Legal Department except for the changes shown on the Certificate of Standard Form Contract, a copy of which is attached hereto and is hereby incorporated by reference as Exhibit"C",and said changes are hereby approved; and, THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the 9th day of August,A.D.,2016,at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote: 3 P. R. No. 19445 07/07/16 DTP AYES: MAYOR: Councilmembers: NOES: MAYOR ATTEST: APPROVED AS TO FORM: 0j- .Id0. CITY SECRETARY CITY ATTO►r . - APPROVED FOR ADMINISTRATION: 1 A LA.k_.di _ CITY MANAGER ING DIRE Mi R • OD I O PLIANCE APPROVED AS TO AVAILABILITY OF FUNDS: APPROVED FOR PURCHASING: e , DIRECTOR OF FINANCE PURCHASING MANAGER 4 fili‘ EXHIBIT "A" `M .. ARCENEAUX WILSON &COLE engineering I surveying I plonning July 27, 2016 Ms. Darlene Thomas-Pierre City of Port Arthur 444 4th Street Port Arthur,TX 77640 RE: RECOMMENDATION OF AWARD OF CONTRACT 19th Street Water Plant Demolition Job No.: CPA-875 Dear Ms. Thomas-Pierre: On July 6, 2016 the City of Port Arthur received five (5) sealed bids for the referenced project. On this same day, these bids were opened at 3:15 pm and read aloud by Arceneaux Wilson and Cole, LLC (AWC) during the public bid opening. The lowest Total Amount Bid read aloud was from Inland Environments of Kingwood, Texas. On behalf of the City of Port Arthur, AWC has evaluated the bid documentation for each submitted bid and tabulated the results. All Bidders submitted proof of Bid Surety and acknowledged receipt of Addenda Nos. 1, 2 and 3. A similar bid irregularity was observed with three (3) of the bidders. For these bidders, the Amount for Based Bid Item No. 3 (i.e. Vibration Monitoring) and Unit Price were equal, which cannot be correct. At the request of the City of Port Arthur, AWC solicited and subsequently received clarification from these bidders. The enclosed bid tabulation includes the clarified Unit Price and Amount for Base Bid Item No. 3. 409.724.7888 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com F-16194 10194049 WL EXHIBIT "A" +v44.1 awe 4.4. AWC has determined that Inland Environments submitted the lowest, responsive Total Amount Bid in the amount of$786,343. AWC has also determined that this same company submitted the lowest, responsive Alternate Total Amount Bid (Base, Supplemental & Alternate) in the amount of$967,070. Based on the City of Port Arthur's past work history with Inland Environments, bid results and project budget,AWC recommends that the City of Port Arthur award the contract for the referenced project to Inland Environments for the Total Amount Bid of $786,343. If you have any questions or require additional information, please don't hesitate to contact the undersigned by email at patrick.gonzales@awceng.com or by phone at 409-724-7888. Sincerely, ARCENEAUX WILSON & COLE LLC PI 4/04- atrick M. Gonzales, PE Staff Engineer Attached: Bid Tabulation CC: Mr. Clifton Williams, CPPB-City of Port Arthur Mr. Rawetts Baaheth - City of Port Arthur Dr. Jimmie Johnson - City of Port Arthur Mr. Jed Landrey - Inland Environments °° w N EXHIBIT " ' D SgtnD t, u, < , .,.. . . g.5,-.. T, % 0 a r g&' O : '0 u_gt 3 ‘ap �a 3 1 m �_ .0 D 3= m D m n = '63 m � � o . 3 .„2 Non nC . � m _ a1vy 'n 3v T. a, $ OW aS..., a a N 91 '/J2 O\ C W ; A.rw ° co c g§ a- Ho _ inG7 mQ s ?em CA A a.jj o „, m � mmm N * md Q mz c 1l'sWy aN� � �� q N ` A Q! 13 ES mw = aaNDg8 �. .DC Rao- ID � m aH �d x53 m O m y mg co r a 3 Ste. m o� K o o m IF n a so 90 r Z 0 Icy .1 P O /y." 0 .A0l Iv $ S d /2'In p 3 \� :0� S S y. 8 m m /a•z p 6 i� ,,,� NJ rr•tA O , / n 3 o //m0 z "'� co ., 0 N �/ Tiw CO to y, m 3 6, !gib•. b ..dpio a, (13 $ ffi O 3 x CO ��'�'� "' • o N W 0 8 w 0 8 c y `1\ 4 N *� r o w o 8 w 8 8 $ \V\\.�* O 8 O 0 O o 0 CO ;.-, o M 8 °co D g m 8 g `ti g g a, o m `' m m o0 w • oa 0 „ v =o =oo00o > m 8 CO $ o $ 8 D Xd � n � a) -IC 03 00 0 § A Q $ bo 3 0 n� o z -m CO o0 0 co a O g o D -1 a, 8 v' O S o S 8 $ Eli 40 D O 0 0 z EA o c .. �p co Vf N co = O O $ § 88 g g 8 8 g m 3 r r„„r- ?; o n� CO = CI `" 61 n c -P. 8 4a. to 8 CO N g 3 i X 01 8 N o S2 co X' $ 52 o a 0 2S 8 8 0 28 8 0. 28 ro O 8 O 0 O o 0 EA co co EA d, 0 « IcoA -coN co 8 g °° W m =71z 8 8 8 8 D ° 3 C O O N p :e m G1 N v, ji Op; co GA Po 0 n tip 4," w o 9 a M o ai 'j a $ g g 8 g 8 2 to v g N § -'• - O r N O N n 1 �pco co to y ppO O CD �7 O 3 D A '� N O No O 8 V N N C r < z O S C o S aNi S `�' �+' sz a) 6Y o m 1 EXHIBIT"B" CITY OF PORT ARTHUR, TEXAS STANDARD FORM OF AGREEMENT THIS AGREEMENT made this 9th day of August in the year 2016, 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 Inland Environments, Ltd., 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 1901 E. 19TH STREET (OLD WATER TREATMENT PLANT) The Work is generally described as follows: Asbestos/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 three hundred two (302) calendar 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 proceeding 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 $500.00 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), Seven hundred eighty-six thousand, three hundred forty-three dollars and no cents ($786,343.00). ARTICLE 4. THE CONTRACT DOCUMENTS The Contract Documents also consist of: this Agreement, Asbestos 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. 1 • EXHIBIT"B" 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 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: INLAND ENVIRONMENTS,LTD. Signature By: By: Brian McDougal Printed Name/Title City Manager Attest: Attest: Date: Date: *Demolition Specifications are incorporated by reference. *Asbestos or Technical Specifications that have been prepared by Total Safety U. S., Inc. are incorporated by reference. 2 CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For 19th STREET WATER PLANT DEMOLITION to Serve City of Port Arthur PORT ARTHUR, TEXAS CITY OF PORT ARTHUR'S BID NO.P16-037 JOB NO.CPA-875 CONTRACT NO. 1 Volume 1 of 2 City of Port Arthur Jefferson, TEXAS June 2016 1t4 — '/goti IX 1 rti -- if', 1 121Mi \sT.4tIL HES e TEXAS REGISTERED * ENGINEERING FIRM F-16194 ARCENEAUX WILSON&COLE LLC Engineers * Surveyors * Planners PORT ARTHUR, TEXAS CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For 19th STREET WATER PLANT DEMOLITION to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO. CPA-875 CONTRACT NO. 1 Volume lof 2 City of Port Arthur Jefferson, TEXAS JUNE 2016 17F t OF-F\�� • I '9x111 PATRICK M.GONZALES /1�;0o .<,cONs 0 .`?44% CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For 19th STREET WATER PLANT DEMOLITION to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO. CPA-875 CONTRACT NO. 1 VOLUME 1 OF 2 TABLE OF CONTENTS A. STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR B. ADVERTISEMENT AND INVITATION FOR BID C. INSTRUCTION TO BIDDERS FOR CONSTRUCTION D. BID E. BID BOND F. GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. MAINTENANCE BOND L. ROADWAY REPAIR BOND M. NOTICE OF AWARD N. NOTICE TO PROCEED O. INSURANCE CPA Federally Funded P. TECHNICAL SPECIFICATIONS Item No. A2001 - Clearing and Grubbing Item No. A2002 - Site Grading Item No. A2003 - Structural Excavation and Backfill Item No. A3007 - Removing Old Structures Item No. A3030 - Hydro-Mulch Item No. A3034 - Storm Water Pollution Prevention Plan Item No. B2001 - Concrete Structures Item No. B3002 - Chain Link Fence Item No. J2001.1 - Construction of Underground Lines Item No. J3006 - Cement — Stabilized Sand Backfill Item No. J3024 - Bank Sand Backfill APPENDICES APPENDIX A — Statement of Bidder's Qualifications APPENDIX B — Attorney's Review Certification APPENDIX C— Request for Time Extension APPENDIX D— Copeland Act Regulations APPENDIX E — Section 3 Clause APPENDIX F — Certification of Bidder Regarding Section 3 & Segregated Facilities APPENDIX G — Asbestos Survey Report APPENDIX H — Lead-Based Paint Survey Report APPENDIX I — Asbestos and Lead Technical Specifications CPA Federally Funded CITY OF PORT ARTHUR STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR PROJECTS STATE of TEXAS JEFFERSON COUNTY THIS AGREEMENT, made and entered into this day of A.D. by and between the City of Port Arthur of the COUNTY Jefferson of the STATE OF TEXAS, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and of the City of County of in the State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER) and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follow: 19th STREET WATER PLANT DEMOLITION and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by Arceneaux Wilson & Cole LLC, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to furnish all materials labor and equipment necessary for the work described under this agreement for the sum of: and will commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and to substantially complete within 240 consecutive calendar days after issuance of the "Notice to Proceed"and to be at Final Completion within 270 consecutive calendar days after the issuance of the"Notice to Proceed", subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in this agreement and the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City of Port Arthur Party of the First Part (OWNER) Party of the Second Part(CONTRACTOR) By: By: ATTEST: ATTEST: A-1 SECTION A STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR SECTION B ADVERTISEMENT AND INVITATION FOR BIDS Construction Advertisement and Invitation for Bids The CITY OF PORT ARTHUR will receive bids for 19th STREET WATER PLANT DEMOLITION until 3:00 p.m. on Wednesday, June 29, 2016 at City of Port Arthur City Hall, Office of the City Secretary, 4th Floor, 444 4`h Street, Port Arthur, Texas. The bids will be publicly opened and read aloud at 3:15 p.m. on Wednesday, June 29, 2016 at City of Port Arthur City Hall, 5th Floor Council Chamber,444 4th Street, Port Arthur, Texas. Bids are invited for several items and quantities of work as follows:19th STREET WATER PLANT DEMOLITION Bid/Contract Documents, including Drawings and Technical Specifications are on file at the following locations: CITY OF PORT ARTHUR Purchasing Department or Clifton Williams, CPPB Purchasing Manager 444 4TH Street Port Arthur, Texas 77640 ARCENEAUX WILSON &COLE LLC 2901 Turtle Creek Drive, Suite 320 Port Arthur, Texas 77642 THE ASSOCIATED GENERAL CONTRACTORS 5458 Ave. A Beaumont, Texas 77705 Please contact the office of Arceneaux Wilson & Cole LLC for instructions on how to obtain copies of the Bid/Contract Documents at: (409)724-7888. A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the City of Port Arthur or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex age or national origin. B-1 All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project. Funding for this project is covered under Section 3 of the Housing and Urban Development Act of 1968. All eligible bidders must comply with Section 3 requirements in regards to meeting or exceeding the required objectives for both hiring and subcontracting. In accordance with these objectives, contractors are required to direct their newly created employment and/or subcontracting opportunities to Section 3 Residents and Business Concerns. The City of Port Arthur reserves the right to reject any or all bids or to waive any informalities in the bidding. Bids may be held by the City of Port Arthur for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder's qualifications prior to the contract award. Per Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. City of Port Arthur Clifton Williams, CPPB Purchasing Manager 6-2-16 All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project. CONTRACTOR'S attention is also directed to the equal opportunity requirements of this Contract: Title VI, Sec. 3 and E.O. 11246. Per Chapter 2, Article VI, Section 2-262(c) of the City of Port Arthur's code of Ordinance, the City Council shall not award a contract to any company that is in arrears in its obligations to the City. Bidder is cautioned to read all contract documents before submitting bid, especially Item 18, Section C of the information to bidders. All bidders shall be required to attend the Mandatory Pre-Bid Conference on: Thursday, June 16, 2016 at 10:00 AM at the City of Port Arthur City Hall, 444 4th Street, 5th Floor Council Chambers, Port Arthur, Texas 77640. 1st Advertisement: June 5, 2016 2nd Advertisement: June 12, 2016 B-2 SECTION C INSTRUCTION TO BIDDERS FOR CONSTRUCTION INSTRUCTION TO BIDDERS FOR CONSTRUCTION 1. Use of Separate Bid Forms These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use. 2. Interpretations or Addenda No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing to the Grant Recipient or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than five (5) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders. 3. Inspection of Site Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the contract. The bidder should thoroughly examine and familiarize himself with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions there existing. The city will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. 4. Alternate bid items No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications. 5. Bids a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings. b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder. c. Bid documents, including the bid, the bid bond, and the statement of bidders' qualifications shall be sealed in an envelope and clearly labeled with the words "Bid Documents", the project number, name of bidder and the date and time of bid opening. c-i d. The City of Port Arthur may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid. e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents. 6. Bid Modifications Prior to Bid Opening a. Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the City of Port Arthur prior to the closing time, and provided further, the City of Port Arthur is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the City of Port Arthur until the sealed bid is open. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. b. Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the City of Port Arthur until the sealed bid is open. 7. Bid Bond a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the City of Port Arthur or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. b. The bid bond or its comparable, will be returned to the bidder as soon as practical after the opening of the bids. 8. Statement of Bidders Qualifications Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The City of Port Arthur shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Port Arthur all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the City of Port Arthur that the bidder is qualified to carry out properly the terms of the contract. 9. Unit Price The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this C-2 requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities. 10. Corrections: Erasures or other corrections in the bid must be noted over the signature of the bidder. 11. Time for Receiving Bids Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Port Arthur that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered. 12. Opening of Bids The City of Port Arthur shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 13. Withdrawal of Bids Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating his purpose in writing to the locality. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly. 14. Award of Contract/Reiection of Bids a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The City of Port Arthur reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest. b. The City of Port Arthur reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract. 15. Execution of Agreement/Performance and Payment Bonds a. Performance and Payment Bonds, Requires all prime contractors which enter into a formal contract in excess of $50,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the contract before commencing with work and a performance bond for public works contracts in excess of$100,000. C-3 b. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Port Arthur may grant, shall constitute a default and the City of Port Arthur may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the City of Port Arthur may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the City of Port Arthur for a refund. 16. Wages and Salaries Attention is particularly called to the requirement of paying not 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. 17. Equal Employment Opportunity Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, creed, sex, gender, or national origin. 18. Pre-Bid Conference A MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on Thursday, June 16, 2016 at, 10:00 AM, at City of Port Arthur City Hall, 444 4th Street, 5th Floor Council Chambers, Port Arthur, TX 77640. 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 Engineer, 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. C-4 SECTION D BID BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR, TEXAS 77640 Proposal of Inland Environments (hereinafter called 'BIDDER"), organized and existing under the laws of the State of Texas, doing business as * a partnership , and acting by and through Jed Landrey, Vice President. To the City of Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of: 19th STREET WATER PLANT DEMOLITION in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT within 306 consecutive calendar days specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $ 500.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Sections 9 and 40 of the General Contract Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: 1 , 2, 3 *Insert "a corporation," "a partnership," or "an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: CPA Federally Funded D-1 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount BID SCHEDULE NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder with Tax Exemption Certificate for materials used on this project. BASE BID ITEMS Mobilization, Bonds, Insurance, Onsite Facilities, Project Sign. Contractor shall be responsible for performing all work indicated in the contract documents, which include but are not limited to the following: notifications; concrete; salvage; demolition; management, removal, and disposal of wastes (hazardous and non-hazardous); abatement; protection of sensitive utilities; storm sewer; sanitary sewer; waterlines; site grading; hydro-mulch; dust mitigation; and installation of new fencing. Contractor shall provide Storm 1 L.S. Water Pollution Prevention Plan (SWP3) and obtain an MS4 permit. Contractor shall provide safety measures to protect the public, the work, and any temporary onsite facilities. Contractor must comply with the recommendation specified in the Phase II Environmental Site Assessment (Appendix "k") and the Asbestos and Lead-Based Paint Technical $ 679,983 $679 , 983 . 00 Specifications (Appendix "I"). Complete in place all in strict accordance with the plans and specifications for Per Lump Sum CPA Federally Funded D-2 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount Traffic Control. Flagman shall be provided for all heavy vehicles exiting/entering the project location. Complete in place all in strict accordance 2. 1 L.S. with the plans and specifications for $ 8,880 . 00 $ 8,880 . 00 Per Lump Sum Vibration Monitoring. One day of vibration monitoring to be completed prior to the start of any project activities to establish baseline vibration levels. Four consecutive days of vibration monitoring to begin at the commencement of demolition. Subcontractor used for 3. 5 P.D. vibration monitoring must be approved by the engineer of record. Complete in place $ 7, 480 . 00 $ 7, 480 . 00 all in strict accordance with the plans and specifications for Per Day SUB-TOTAL BASE BID ITEMS $ 696, 343 . 00 CPA Federally Funded D-3 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount SUPPLEMENTAL ITEMS Contingency Allowance to be Used for Field changes as required for unforeseen conditions: to be approved by City and/or Engineer with Contractor submitted cost change request before 4. I Allow. work is performed, all in strict accordance with the plans and specifications for @ $ 90,000.00 $90,000.00 Per Allowance SUB-TOTAL SUPPLEMENTAL ITEMS $ 90,000.00 SUB-TOTAL BASE BID ITEMS $ 696, 343 .00 TOTAL AMOUNT BID $ 786, 343 .00 ALTERNATE BID ITEMS (ITEM 5) Al. 1 LS Saw cutting (or equivalent low vibration method) of all structures that are to be demolished to limit vibrations. @ $ 180, 727 . 06 180, 777.00 Per Lump Sum Circle One (ADD,DEDUCT) TOTAL AMOUNT BID (BASE, SUPPLEMENTAL & ALT Al BID ITEMS) $ 967, 070. 00 CPA Federally Funded D-4 STATEMENT FOR SEPARATED CONTRACT COMPLIANCE: TOTAL BASE BID: Non-consumable material and equipment. (Tax Exempt) $ 501 , 366 . 00 TOTAL BASE BID: Skill, labor and consumable material, tools, and equipment. (Not Tax Exempt) $ 194, 977 . 00 Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include labor, equipment overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the OWNER. Respectfully submitted: Inland E ronm_nts Ltd. PO Box 6751 , Kingwood, TX 77325 (NAME OF CON CT (ADDRESS) BY: / Ai ,. 281 -354-7500 Je. L=''r=y (TELEPHONE NUMBER) TITLE: Vice P esident N/A (LICENSE NUMBER IF APPLICABLE) DATE: Wednesday,July 6, 2016 N/A N/A (SEAL,IF BIDDER ISA CORPORATION) (ATTEST) CPA Federally Funded D-5 i AFFIDAVIT All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a duly authorized officer of the company,whose signature is binding on the bid proposal. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. Further, I agree to pay succeeding debts as they become due during this agreement. X I hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to pay said debts prior to execution of this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: Inland Environments Ltd. Jed Landrey TITLE: Vice President ADDRESS: PO Box 6751 CITY/STATE/ZIP: Kingwood, TX 77325 TELEPHONE NU/1St : . '4' 1 -354./7500 SIGNATURE: ,AiJwU 4 fig S UBSCRIBED ANP SWORN to before me by theabovenathied�on this the ILA/ day of 20 t(4 _ /I // 2.1., �I 1 Notary Public in and for the State of Ina\ S ', 'r"' �; ALLISON HOLLOWAY I:IC' : MY COMMISSION EXPIRES `g'• '` October 15,2017 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL CPA Federally Funded D-6 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of TEXAS County of MONTGOMERY Jed Landrey , being first duly sworn, deposes and says that: Vice Inland Environments Ltd. (1) He is prps;clentof , the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Port Arthur (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are of tainted b, any collusion, conspiracy, connivance or unlawful agreement on the part o he :;•der or a of its agents, representatives, owners, employees, or parties in interest, inc dine .-iant. (Signed) c - Vi e Pres, dent Title Subscribed and sworn to me this day of �� k/ By: Notary Public My commission expires ) 0-I - ;;Rim"cs ALUSON HOLLOWAY ': " MY COMMISSION EXPIRES October 15,2017 CPA Federally Funded D-8 Grantee/Subrecipient: Include this document In ail appLcable bid packets. tiµAl ( 0¢ � �tid Texas General Land Office --= . '�".°, Community Development Block Grant(CDBG) W Disaster Recovery Program r rite , fi `4.4.,7: r 3i. '•,7.7.'° Contractor Certification of Efforts to Fully Comply with Employment and Training Provisions of Section 3 Economic Opportunities for Low and Very Low-Income Persons THE BIDDER REPRESENTS AND CERTIFIES AS PART OF ITS BID/OFFER THAT IT: 0 Is a Section 3 Business Concern.A Section 3 Business Concern means a business concern: 1. That is 51%or more owned by Section 3 Resident(s);or 2. Whose permanent,full-time employees include persons,at least 30%of whom are currently Section 3 Residents,or 3. That provides evidence of a commitment to subcontract in excess of 25%of the dollar value of all subcontracts to be awarded to Section 3 Business Concerns,that meet the qualifications set forth in paragraphs 1 or 2 herein. 2 Is NOT a Section 3 Business Concern,but who has and will continue to seek compliance with Section 3 by certifying the following efforts to be undertaken. EFFORTS TO AWARD SUBCONTRACTOR TO SECTION 3 CONCERNS (Check ALL that apply) a By contacting business assistance agencies,minority contractors associations and community organizations to inform them of the contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solicit bids for a portion of the work. 2 By advertising contracting opportunities by posting notices,which provide general information about the work to be contracted and where to obtain additional information,in the common areas of the applicable development(s)owned and managed by the Housing Authority. ❑ By providing written notice to all known Section 3 Business Concerns of contracting opportunities.This notice should be in sufficient time to allow the Section 3 Business Concerns to respond to bid invitations 2 By following up with Section 3 Business Concerns that have expressed interest in the contracting opportunities. ❑ By coordinating meetings at which Section 3 Business Concerns could be informed of specific elements of the work for which subcontract bids are being sought. ❑ By conducting workshops on contracting procedures and specific contracting opportunities in a timely manner so that Section 3 Business Concerns can take advantage of contracting opportunities. ❑ By advising Section Business Concerns as to where they seek assistance to overcome barriers such as inability to obtain bonding,lines of credit,financing,or insurance and aiding Section 3 Businesses in qualifying for such bonding,financing,insurance,etc.... ❑ Where appropriate,by breaking out contract work into economically feasible units to facilitate participation by Section 3 businesses. ❑ By developing and using a list of eligible Section 3 Business Concerns. ❑ By actively supporting and undertaking joint ventures with Section 3 Businesses. EFFORTS TO PROVIDE TRAINING AND EMPLOYMENT TO SECTION 3 RESIDENTS ❑ By entering into a'first source"hiring agreements with organizations representing Section 3 Residents. ❑ By establishing training programs,which are consistent with the requirements of the Department of Labor,specifically for Section 3 Residents in the building trades. ❑ By advertising employment and training positions to dwelling units occupied by Category 1 and 2 residents. “ By contacting resident councils and other resident organizations in the affected housing development to request assistance in notifying residents of the training and employment positions to be filled. ❑ By arranging interviews and conducting interviews on the job site, ❑ By undertaking such continued job-training efforts as may be necessary to•nsure the continued employment of Section 3 Residents previously hired for employment opportunities. i Contractor Name/Business Name: I• an• .•n, -n Ltd Signature Field Date/Time Field 7/5/16 D-9 CONTRACTOR'S LOCAL OPPORTUNITY PLAN Inland Environments Ltd. agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the County of Jefferson County A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center(OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis, whenever feasible, in a covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. G. To insure that all appropriate project area business concerns are notified of pending sub- contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. As officers an. -•resent Ives of Inland Environments Ltd. , we the undersigned have rea• 4 • 'f ly .gr to this Plan, and become a party to the full implementation of the progra and p eV/10 . 1/ Signa ure .W' Vice President 7/5/16 Title Date D-10 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Approx. Total Estimated No. to Estimated $ Contracts Dollar Amount local Business Amount Local Business Inland Environments will self-perform this contract . We own and operate our equipment and employ sufficient personnel to perform this project. ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Total Estimated No. of Positions No. of Positions No. of Positions Classifications Positions Currently Filled not Filled to Residents with L/M Asbestos Supervisor 1 1 0 0 Asbestos Worker 10 10 0 0 Equip Operator 3 3 0 0 Truck Driver 3 3 0 0 Helper 2 2 0 0 Totals 1 9 19 0 0 D-1 1 • STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Inl nvironments Lt 11 /25/02 Name of Bidder:aUa te Organized: Add resBox 6Date I nco poratec d TX 77325 Ni A Number of Years in contracting business under present name: 17 CONTRACTS ON HAND: Contract Amount$ Completion Date Demo Idylwild Colf Club $ 27, 727 07/26/16 Huntsville RPsidPntial DPmnc $ 14, 90c `e8D SHSU Demo Art Lab B $ 24, 580 7�n Type of work performed by your company: Asbestos, Lead & Mold Abatement and Demolition Have you ever failed to complete any work awarded to you? No Have you ever defaulted on a contract? No List the projects most recently completed by your firm (include project of similar importance): Project Amount $ Mo/Yr Completed Demo FnrmPr Hospital , Baytown $ 862 , 735 05/2016 Hull-Daisetta ISD Demo $ 83, 637 . 02/2011 UPRR Hardy St. Demo $ 73, 638 12/2015 Major equipment available for this contract: Please see attached equipment list Attach resume(s)for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Credit available: $ open Bank reference: Community Bank Chris Bezdek, 281 -925-4768 The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the itv of Port Arthur in verification of the recitals comprising this Statement of Bidder's Q .lifdi .-ons. Executed this 5 h // day •f July , 20144 6 By:(signature) ✓/ t Title: Vice President (print name) Jed Land ey D-12 CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring, firing, and promotion practices. This includes practices related to race, color, gender, religion, national origin, disability, and veterans' rights. NAME AND ADDRESS OF BIDDER(include ZIP Code) Inland Environments Ltd. PO Box 6751 Kingwood, TX 77325 CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. XIS Yes 0 No The undersigned hereby certifies that: ❑ The Provision of Local Training, Employment, and Business Opportunities clause (Section 3 provision) is included in the Contract. A written Section 3 plan (Local Opportunity Plan)was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$100,000). ❑ The Non Segregated Facilities clause(Section 109 provision)is included in the Contract. No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. O The Equal Employment Opportunity clause is included in the Contract(if bid equals or exceeds $10,000). ❑ The Affirmative Action for Handicapped Workers clause is included in the contract. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? El Yes KJ No Jed L,«n•i -y, V '`ce President NAME AND 4t`TL,,i" S N R("lease type) ' 7/5/16 SIGNATU' ''t" DATE • SECTION 504 CERTIFICATION D-13 POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY Inland I Environments Ltd. , does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities. (Name) Jed Landrey PO Box 6751 (Address) Kingwood, TX 77325 City State Zip Telephone Number ( 281 ) c4_7500 Voice ( } - N/A TDD has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). D-14 46 O Z W►- 4) - Q C:7) -, N 0 1-4 '� ,S �O N W tPI w Q , O + p tKi < Q. O W A '� tn X � WH 0 o y� LU HCO ..t:: O W z �`CI U w CS H W it c o �1 w z c V 4 (§6,---N, \ 0 �1� ..� C 0 0 E O' Q W z Y Nk ��iib- �T � e0 a O 6 ek�ou=J H-�-1 v A ,-, '—G44 1 saxi O z ~ c) ' - w HLt o� -,,c w W o 0 w W Z o a E--'+ 4 L.. .- ... W " p Q \c � ° p 1/40 CA 4) - CO. cT o z a i W z z Hcn0 0 .� 0 O C/) .cn /� Wc '...r co U z O Q ►—+ n o N , � '.1: W 0CI w (/) Z� Q Q Cn o HE`i CO• W v= Z a. 0 A w W Zi '1Z EMI � U LU m W z .Q H w HTti , . , 7-' AC WZ Z C o .. �' 0 z \ _... w Z 0 �H1 0 Z f, o r d w V4i E'" 0 _ W z 0 H z L• yti . . P4 il •,-- WC•1-1 L'•°') N 0 O O � � � d o 0 • W �; z z H Z o .0 0 -4 0 Daniel Gomez 4111 Mountain Peak Way Kingwood,TX 77345 832-473-7394 BUSINESS EXPERIENCE Inland Environments,Ltd. Kingwood, TX January 2002—Present Asbestos Abatement Supervisor Site Superintendent Project Manager ACCREDITIONS Texas Department of State Health Services: Asbestos Contractor/Supervisor License Mold Remediation Worker License Institute of Inspection, Cleaning& Restoration: Water Damage Restoration Certification Jed Allen Landrey PO Box 6751,Kingwood,TX 77325 281-354-7500, Jed@InlandEnvironments.com Education Bachelor of Science,Texas A&M University, 1991 Minor,Chemistry,Texas A&M University, 1991 Chemical Officer Basic Course,US Army Chemical Corps, 1992 Employment History February 1999—Present Owner Inland Environments,Ltd,Beaumont&Houston,TX October 1998—January 2000 Project Manager Basic Industries,Inc.Houston,TX Sept. 1993—October 1998 Chief Estimator Eco Environmental, Inc.,Houston,TX Dec. 1991 —Sept. 1993 Platoon Leader US Army,Ft.McClellan,AL Experience Military Supervised thirty-four men and women,and equipment and supplies,of a chemical decontamination platoon in the United States Army as a 2°d Lieutenant. In charge of conducting training missions to decontaminate military vehicles and personnel;clean environmentally hazardous waste sites;detect chemical agents and the degree of their lethality. Ultimately responsible for the lives and well being of each person in the platoon. Eco Environmental, Inc. Responsible for supervising the estimating department and reviewing the staff's bids prior to submission. Responsible for the take-off of projects that were in excess of two million dollars in contract value. Supervised projects in job-costing and project management in excess of two million dollars. Basic Industries, Inc. Responsible for project management,estimating and sales for all lead,asbestos and environmental contracting projects. Honors&Activities Commissioned as 2nd Lieutenant in the United States Army Chemical Corps., 1991 Chemical Corps.Regimental Associations Member Army Service Medal,National Defense Medal,German Efficiency Badge Texas A&M Black Hat Committee Earned the Recondo Award during Advanced Camp at Ft.Lewis,Washington, 1991 Spent 4 years as ROTC cadet with Company A 1 at Texas A&M University,serving as Supply Officer Served 3 years as Public Relations Officer with Parson's Mounted Cavalry Participated in Collegiate FFA, 1991 Texas A&M Weightlifting Club Earned Eagle Scout Award, 1982 Order of the Arrow, 1981 Environmental Certifications AHERA and Texas Department of State Health Services Asbestos Supervisor/Contractor Lead Abatement Supervisor/Contractor Hazwoper Supervisor 29CFR 1910.120 40-hour OSHA Safety Course First Aid Course 1926.50 Section C � INLAND , EN VIRONMENTS LtJ' LTD. Environmental & Demolition Contractors Inland owns and operates the following equipment: Trucks: Trailers: • 2011 Mack Haul Truck CHI8 • (2) 2012—7'x16' Cargo Trailers • 2011 Mack Rolloff Truck • 2013 Etnyre Haul Trailer • 2007 Mack Rolloff Truck • 2007 Lowboy Trailer • 2005 Mack Rolloff Truck • 2006 Gallagos End Dump Trailer • 1998 Peterbilt Rolloff Truck • 2001 Cargo Trailer • 1992 Volvo Tractor Trailer • 1999 HMDE Utility Trailer • 2001 International Box Van • 1998 Cargo Trailer • 1997 Cargo Trailer • 1995 Cargo Trailer • 1980 Load King Haul Trailer Equipment: Misc Equipment: • 2012 John Deere 350G Excavator • 35 Various sized Waste Containers • 2009 John Deere 270D Excavator 20, 30 &40 Yards • 2008 John Deere 350D Excavator • 2007 John Deere 200C Excavator • 2006 John Deere 200C Excavator • 2011 John Deere 160 Excavator • 1991 Yutani 320 Excavator • 1995 Cat 307 Mini Excavator • 2001 Caterpillar Roller/Compactor • 2005 John Deere 650J Dozer • Caterpillar D5 Dozer • 2008 Bobcat S300 Skid Steer • 2003 Bobcat T200 Skid Steer • Grapple Buckets (2) • Okada Hydraulic Hammer • Lull Forklift • Caterpillar Forklift • TCM Forklift • Generators—5 KW, 20 KW, • 50 KW & 90 KW PO Box 6751, Kingwood,TX 77325 • 281-354-7500 • Fax 281-354-7540 Offices in the Greater Houston and Golden Triangle Areas /\ INLAND NMENTS LTD. Environmental & Demolition Contractors Various Client References Conroe ISD Lamar University MUNICIPALITIES Easy Foster Lee Nguyen Dir. Planning&Construction 4301 Martin Luther King Jr. City of Beaumont 3205 W. Davis,Conroe,TX 77301 Beaumont,TX 77710 Jimmy Bevilacqua 936-709-7884 409-338-3715 801 Main Street, Ste.315 PO Box 3827 Galveston ISD University of Houston Beaumont, TX 77704 Fred Niccum,409-370-3860 Steve Wright,713-743-0971 409-880-3792 3906 Avenue T 4211 Elgin Galveston,TX 77550 Houston,TX 77204-1011 City of Houston Gabriel Mussio, Houston ISD OTHER Division Mgr.,General Services c/o Prime Contractors 900 Babgy,2nd Floor Richard Peoples, 281-832-5602 Houston,TX 77002 p McDonalds Corporation 8ston TX 79 525 North Belt, Suite 172 Jorge Martinez Houston,TX 77060 3707 FM 1960 West Ste 300 City of Huntsville Houston,TX 77068 Billie F. Smith,CPPD Houston ISD 281-587-7347 450 Hwy 75 North do Jamail&Smith Huntsville,TX 77320 Ed McKinzie, Sr.Project Manager Medical Towers 936-291-5495 16511 Hedgecroft, Suite 208 Sally Cobb,Facilities Manager Houston,TX 77060 1709 Dryden City of Port Arthur 281-901-5893 or 832-549-3369 Houston,TX 77030 Darlene Thomas-Pierre, 713-797-1113 Environmental Health Supervisor Port Arthur ISD 444—41h Street Mark Rouly,Regulatory Program Alpha Building Corp. Port Arthur,TX 77640 Compliance Manager Clay Cunningham,979-846-0100 409-983-8250 4801 —9th Avenue PO Box 15460 Port Arthur,TX 77642 College Station,TX 77841 Montgomery County 409-989-6236 Environmental Health Services Phase Engineering Rick Jordan,936-538-8032 Splendore ISD Melanie Edmondson 501 N.Thompson, Ste. 101 Kenneth Lewis, 713-826-3342 Conroe,TX 77301 Director of Maintenance 335 W.21st Street 26267 FM 2090 Houston,TX 77008 SCHOOL DISTRICTS Splendore,TX 77372 281-659-6381 Beaumont ISD COLLEGES Phelan Investments Tim Klock,409-617-5659 Eric Meadows or 409-201-6703 Baylor College of Medicine 1277 Calder Avenue 1650 Caldwell Avenue Mike Stephens/Steve Womack Beaumont,TX 77707 Beaumont,TX 77703 Plant/Maintenance Ops.Mgr. 409-832-0211 One Baylor Plaza Houston,TX 77030 713-798-5201 /713-798-4774 PO Box 6751, Kingwood,TX 77325 • 281-354-7500 • Fax 281-354-7540 Offices in the Greater Houston and Golden Triangle Areas SECTION E BID BOND ZAXI2493 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, INLAND ENVIRONMENTS LTD as PRINCIPAL, and AXIS INSURANCE COMPANY , as SURETY are held and firmly bound unto CITY OF PORT ARTHUR hereinafter called the "Owner", in the penal sum of FIVE PERCENT OF THE BID AMOUNT Dollars, ($ TBD ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated JUNE 29,2016 , for ASBESTOS ABATEMENT&DEMOLITION- 19 STREET WATER PLANT NOW, THEREFOR, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this 20TH day of JUNE,2016 , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) INLAND ENV O. Tl � / '� (SEAL) Attes By: Affix Corporate Seal Attest: By: AXIS INSURANCE COMPANY Affix Corporate Seal Attest: ()tit A ' By: MARIA A GONZALEZ Countersig -d i By •• ANNE M BARBER * Attorney-in-Fact, State of ILLINOIS E-1 -_ -=•-=,=;=_ _-_- --,. -_-- -__ - __ '_=_Z-__ ___.- .4-5-T----„m_. - , j,= ._-- 7.____ e_ .__",-„, ,:-„--- ---="=-=',17 r•-t-'- 'r-fl. -.: - - ff- . ;_. _-•'.'m _ ....---._ ..=--,-_, er...,_ __ = -,. ,, _ -,...._ ---.... •,..-„--__,,, -.._,7.1J.,t, -_,__ _____•,--,- T._- ,„. POWER OF ATTORNEY — =- -- --- 2-- , ---- -- ------ - .......,_ ,___....,_ i- AMN-5191 Know All Men by These Presents: That AXIS Insurance Company,an Illinois property and casualty company,(the"Company")does hereby appoint: - - VAarliA.Ballay,Dana n Irilber,Mame!J.Friedrich,Maria A Gonzalez,and Anne M.Barber of Bridgeview,IL -_-_--c-• ---- _ as its true and lawful Attorney(s)-In-Fact,to make,execute,seal and deliver for and on its behalf as surety,bonds and undertakings,such documents to be valid as though executed by the Company on its own behalf The Company may revoke this appointment at any time. EXCEPTION: NO-ALTRTORITY is granted to make,execute,seal and deliver bonds or undertakings that guarante&theinent or collection of any promissory natc,„--- eitecicArafifftletterrof er-edir±i_ -= ±,-----_=- --- =--- '-7, ---- _ __,-------:- ------_•- --- m-awk This Power_ofAttorney is signed,sealed and certified under and by the authority of resolutions ad*OlAsiaNuliouvivriltcliconSent of the Board of Directors-of thC Company on July 12,2013: RESOLVED,that any Vice President,Surety,acting singly,shall have the power and authority to appoint and revoke Attorneys-In-Fact to make,execute, seal and deliver for and on behalf of the Company,as surety,bonds and undertakings,such documents to be valid as though executed by the Company on its own behalf,subject to the terms and conditions ofihe subject-Briakerage Agreements. _ - --_- - -- -- "t•_:7,-___= 7-- - ,---.- , _ _ -_-_- .-.-_-_ In_WittieSs Whereof,AXIS Insurance CompanY-lias caused this instrumenMbe signed and its corporate seal to be affixed bv a duly elected ancLajhalified_sifra6 fa .- -------- = 241hAavi February ,2016. - - - = , Attested and Certified AXIS Insuranc-i o .an i 4 1 - ,._,.-: :,,,,-„,, . -.4 7-'-±. • oilm isomm.._ . --'-' -..- - - --7--7-=- --- -=.- I, Printed Name: Andrew M.Weissert — ==== Title: Senior Vice President _. • • ___ _ • il, - — --77----- -- - , , ,•,'•!' rl, •2,1•• ''-•,III• • • '!' - ---= 7_-_ 1-:--Ta -_ -.z'----=== STATE OF GEORGIA ---• _ ----=._ _--,---_ -=.._- --..= -IIII,II iir'l ill t ) I I 1 'PI =-.-,,„ ...,-=- -.=_--, ----L---- •-------= =----- - ----- --- - - COUNTY-OFFULTON-,.=- - --- - =-__- ---_--_ -,...----_- --,.---,. --_=_- •-•.,,d •'4,, ,, •, , , •!, ql,.II, •--_--- =-_- - -..._=- ...._ = = -----.„ I•III'lIf ,,II 1„1,,',• ,F , ,„j•,,, _ = _ _ - _--. _- — Ilrri!I iq• %III,, I • -___. Before me personally came Andrew M.Weissert, Senior Vice President of AXIS Insurance Company to me knowkito be the individual and officer described herein, who acknowledged that they being duly authorized signed,sealed with the corporate seal and delivered the foregoing-instrument by the authority and direction of said Company. 0111111111/00 --- ---__-- .11_TESTINMX NOSEEZR5W- have hereunto set my hand and affixed my official seal. -_-7---- - " 7 DA /4.,,--4.. .-mr. --------- --- -==--- , =. --,.--_ ,_ __=-.=-_ = = -= -=--.--.- i-;...:-__-_---4 --=------- --- —_----—Ay' •''''''''' c------- ' ------ — OP r------5-27 M-_ ,--=7= -•--7_-- ---. _.- --.=:- ---_ ----7M- ..1_-=:.-L-_, 7 z.--- -- ..-torntri•-• :_,__.-.17,----- r---,--.... Mk / ." Notary Public .1"-: •'. ' 00TAR o.. - = •ri : k n; = 7.---3,--,(P.4-...,\••,(2„;,::::::iri-z:cca'q... 'e .::ls-C •. ...g. = 0 i 6".• : = i 0 -zi „..,•••:./2-20.-*<,0 _ = - ,-_, =- -,_ -='• - -- --- ,i i_. '' '''' G-.7_,•- - -=.,-- _ L..-.--_-. '.=_=.7: ---_ -_, CERTIFICATION._ -..--;_,--_, :- - - _ -_ - ..,--_- - - ii- 1.7.--.--,s .----- ==--- ..L----- /// °UNT`i. i:,------ =----;-----74 = ------- =-------= —=--- .._- „ A . .,, ___ -= - :7.-----4. ---.-1-- ' ''s it” ' ---7- 77 -7-_ -----:- -_-•,. _. I. Richard Z randona Vice President,Surety&Assistant Secretary of AXIS Insurance Company,do hereby certify that the attached Power of Attorney dated 77..c.i 2-0 I 6 on behalf of the person(s)as listed above is a true and correct copy and the same has been in full force and effect since the date thereof and is in fullforce d effect on the date of this certificate;and I do further certify that the said Andrew M.Weissert who executed the Power of Attorney,was a duly z elected Vice President Sin-et_of AXIS Insurance Company on the date of the execution of the attached Power of Attorney_ -- ..-- L7 -L- 7-_.--=-- ---=--- -- - -=---- .----_ _--.=7:.---=----..- - -.7...,- -_:,-= =-.-. .-_-_--,_, -= -.=••=7-,,----_- -_-- -- -•• -_ -_-, ---- - -_- --== ---=- -=- -_-_. -.,.--._=- __--------.- --, --.---- -.--= -- ---: ,...:---•-_--_ === - ----=• ___,---,, , T•A_--- INTEST1MONYWBERIEOF,I have hereunto set my hand and affixed the corporate seal of AXISraTtiratipItiV evir-- W this tcell )ay of Lik,_„,h..0 ,2016 . (----- .... / ___ __ 1 ,i.., ••-i• I ;it& ' .'llil ' -ii Ir • 1 ri , , • _- - - ---- _ 1 k'll] III, r, 11,: Fin, 1,,, ,,,• 1,,, I. 11! V1 ='"----7 _-= ...--- -- -.:---- -----=1 --. •-._.._.== _---..7_,--- - PrIN ticRIAZirrandona =-= livv...' 1 •-,,1, ------? • Title: Vice President,Surety • . --- - I fg lib ,,1i,' JL TI • =-M M'• •-- . ' 0,; 1 I - - - - - -.. ---- ----- - _ 1,4" -..'a- =7 -- V''',;:tkil' -MI-----7------= 17-7 ------- .,-,-em 4 sr ''I'l '' M --__ -_= W 141,017. MI ---= - ' - . . CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the , Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body. Corporate Seal Title: Power-of-attorney for person signing for surety company must be attached to bond. E-2 ------ SECTION F GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION 1. Contract and Contract Documents (a) The project to be constructed pursuant to this contract will be financed with assistance from the CDBG and is subject to all applicable Federal and State laws and regulations. (b) The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. 2. Definitions Whenever used in any of the contract Documents, the following meanings shall be given to the terms here in defined: (a) The term "Contract" means the Contract executed between the City of Port Arthur, hereinafter called the Owner and. hereinafter called Contractor, of which these GENERAL CONDITIONS, form a part. (b) The term "Project Area" means the area within which are the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. (c) The term "Engineer" means Arceneaux Wilson & Cole LLC Engineer in charge, serving the Owner with architectural or engineering services, his successor, or any other person or persons, employed by the Owner for the purpose of directing or having in charge the work embraced in this Contract. (d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings). 3. Supervision By Contractor (a) Except where the Contractor is an individual and gives his personal supervision to the work, the Contractor shall provide a competent superintendent, satisfactory to the Local Public Agency and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. (b) The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. 2009 TxCDBG Project Implementation Manual Appendix K F-1 4. Subcontracts (a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he has verified the subcontractor as eligible to participate in federally funded contracts. (b) No proposed subcontractor shall be disapproved by the city/county except for cause. (c) The Contractor shall be as fully responsible to the city for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract. (e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Owner. 5. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. 6. Payments to Contractor (a) Partial Payments 1) The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) five percent (5%) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. 2) Monthly or partial payments made by the Owner to the Contractor are moneys advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details. (b) Final Payment 1) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the 2009 TxCDBG Project Implementation Manual Appendix K F-2 Agreement. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. 2) The Owner before paying the final estimate, shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Owner deems it necessary in order to protect its interest. The Owner may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract. 3) Any amount due the Owner under Liquidated Damages, shall be deducted from the final payment due the contractor. (c) Payments Subject to Submission of Certificates Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors. (d) Withholding Payments The Owner may withhold from any payment due the Contractor whatever is deemed necessary to protect the Owner, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 7. Changes in the Work (a) The Owner may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by the CDBG staff prior to execution of same. (b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Owner authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. 2009 TxCDBG Project Implementation Manual Appendix K F-3 (c) If applicable unit prices are contained in the Agreement, the Owner may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%). (d) Each change order shall include in its final form: 1) A detailed description of the change in the work. 2) The Contractor's proposal (if any) or a confirmed copy thereof. 3) A definite statement as to the resulting change in the contract price and/or time. 4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. 5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. 8. Claims for Extra Cost (a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Owner, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. (b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued. (c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the Owner and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Owner. (d) If, on the basis of the available evidence, the Owner determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. 9. Termination, Delays, and Liquidated Damages (a) Right of the Owner to Terminate Contract. (b) In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the reasons for 2009 TxCDBG Project Implementation Manual Appendix K F-4 such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the Owner for any excess cost incurred. In such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. (c) Liquidated Damages for Delays. (d) If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the Owner as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of$ 500.00 for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Owner for the amount thereof. (e) Excusable Delays. 1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: 2) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; 3) Any acts of the Owner; 4) Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. 5) Provided, however, that the Contractor promptly notifies the Owner within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Owner shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Owner shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 2009 TxCDBG Project Implementation Manual Appendix K F-5 10. Assignment or Novation The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Owner; provided, however, that assignments to banks or other financial institutions may be made without the consent of the Owner. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 11. Disputes (a) All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Owner for decision. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Owner. (b) The Contractor shall submit in detail his claim and his proof thereof. (c) If the Contractor does not agree with any decision of the Owner, he shall in no case allow the dispute to delay the work but shall notify the Owner promptly that he is proceeding with the work under protest. 12. Technical Specifications and Drawings Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the Owner, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 13. Shop Drawings (a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in 6 copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. (b) Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the 2009 TxCDBG Project Implementation Manual Appendix K F-6 Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. (c) If a shop drawing is in accordance with the contract or involves only a minor adjustment in the interest of the Owner not involving a change in contract price or time; the engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the contract or for any error in the drawing. 14. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the Owner for any additional information not already in his possession which should be furnished by the Owner under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section. 15. Materials and Workmanship (a) Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. (b) The Contractor shall furnish to the Owner for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes to incorporate. (c) Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. (d) Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. (e) The Owner may require the Contractor to dismiss from the work such employee or employees as the Owner or the Engineer may deem incompetent, or careless, or insubordinate. 2009 TxCDBG Project Implementation Manual Appendix K F-7 16. Samples, Certificates and Tests (a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the contract time. (b) Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. (c) Approval of any materials shall be general only and shall not constitute a waiver of the Owner's right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. (d) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be accepted by the OWNER. The CONTRACTOR will pay for all laboratory inspection service direct, as part of the Contract. 17. Permits and Codes (a) The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Owner. Where the requirements of the drawings and technical specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. (b) Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance 2009 TxCDBG Project Implementation Manual Appendix K F-8 • with the drawings and technical specifications), the Contractor shall remove such work without cost to the Owner. (c) The Contractor shall at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. (d) The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the Improvements contained in this Contract. (e) The Contractor will be required to make arrangements for and pay the water, electrical power, or any other utilities required during construction. (f) During construction of this project, the Contractor shall use every means possible to control the amount of dust created by construction. Prior to the close of a day's work, the Contractor, if directed by the Owner, shall moisten the bank and surrounding area to prevent a dusty condition. 18. Care of Work (a) The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. (b) The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. (c) In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Owner is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Owner. (d) The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. (e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Owner from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all 2009 TxCDBG Project Implementation Manual Appendix K F-9 damages for which the Owner may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 19. Accident Prevention (a) No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. (b) The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. (c) The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Owner with reports concerning these matters. (d) The Contractor shall indemnify and save harmless the Owner from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. (e) The Contractor shall provide trench safety for all excavations more than five feet deep prior to excavation. All OSHA Standards for trench safety must be adhered to by the Contractor. (f) The contractor shall at all times conduct his work in such a manner as to insure the least possible inconvenience to vehicular and pedestrian traffic. At the close of the work each day, all streets where possible in the opinion of the Owner, shall be opened to the public in order that persons living in the area may have access to their homes or businesses by the use of the streets. Barricades, warning signs, and necessary lighting shall be provided to the satisfaction of the Owner at the expense of the Contractor. 20. Sanitary Facilities The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 21. Use of Premises (a) The Contractor shall confine his equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the Owner, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. 2009 TxCDBG Project Implementation Manual Appendix K F-10 (b) The Contractor shall comply with all reasonable instructions of the Owner and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. 22. Removal of Debris, Cleaning, Etc. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. 23. Inspection (a) All materials and workmanship shall be subject to inspection, examination, or test by the Owner and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Owner shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Owner may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Owner. (b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Owner will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the technical specifications. (c) The Contractor shall notify the Owner sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Owner, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Owner. (d) Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. (e) Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise 2009 TxCDBG Project Implementation Manual Appendix K F-11 stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. (f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Owner or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 24. Review by Owner The Owner and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through its authorized representatives or agents. 25. Final Inspection When the Improvements included in this Contract are substantially completed, the Contractor shall notify the Owner in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Owner will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. 26. Deduction for Uncorrected Work If the Owner deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Owner and subject to settlement, in case of dispute, as herein provided. 27. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Worker's Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance. (1) Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, Arceneaux Wilson & Cole LLC, its officers, agents & employees). (City and Contractor and all persons providing services shall comply with the workers compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC 2009 TxCDBG Project Implementation Manual Appendix K F-12 r Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the following amounts: (1) Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur, Arceneaux Wilson & Cole LLC, 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, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. (2) Comprehensive Automobile Liability (Including owned, non- owned and hired vehicles coverage). 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. (3) Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; (4) All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). 2009 TxCDBG Project Implementation Manual Appendix K F-13 � r (c) Proof of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner." 28. Warranty of Title No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed by him to the Owner free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor in the hands of the Owner. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 29. Warranty of Workmanship and Materials Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the Owner or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of 12 months from the date of final acceptance of the work. 30. Compliance with Air and Water Acts (a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: 1) Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended. 3) Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. (b) If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will 2009 TxCDBG Project Implementation Manual Appendix K F-14 be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 31. Equal Employment Opportunity (a) The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, gender, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, gender, or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the owner. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (d) The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. (e) Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. (f) The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. (g) The Contractor shall not use the affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (h) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts. (i) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. 32. Affirmative Action for Workers with Disabilities The Contractor will not discriminate against any employee or applicant for employment because of disability in regard to any position for which the employee or applicant for employment is qualified. 2009 TxCDBG Project Implementation Manual Appendix K F-15 The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 33. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 34. The Provision of Local Training, Employment, and Business Opportunities (a) To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The Contractor will include this clause in every subcontract for work in connection with the project. 35. Non Segregated Facilities The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 36. Job Offices (a) The Contractor and his subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The Owner shall be consulted with regard to locations. (b) Upon completion of the improvements, or as directed by the Owner, the Contractors shall remove all such temporary structures and facilities from the site, and leave the site of the work in the condition required by the Contract. 37. Partial Use of Site Improvements The Owner may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the 2009 TxCDBG Project Implementation Manual Appendix K F-16 technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: (a) The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. (b) The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. (c) The period of guarantee stipulated in the Section 29 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 38. Contract Documents and Drawings The Local Public Agency will furnish the Contractor without charge 6 copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. 39. Contract Period The work to be performed under this contract shall commence within the time stipulated by the Owner in the Notice to Proceed, and shall be fully completed within 270 calendar days thereafter. 40. Liquidated Damages Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the Owner the sum of Five Hundred Dollars ($ 500.00) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. 2009 TxCDBG Project Implementation Manual Appendix K F-17 Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. 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 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 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a)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 rate and fringe benefits therefore 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 HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator,or an authorized representative, will approve, modify,or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee,to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d)The wage rate(including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b)or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of an 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 2009 TxCDBG Project Implementation Manual Appendix K F-18 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2.Withholding. HUD or its designee 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, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work 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 or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there 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 (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. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner,as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). 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 029-005-0014-1), U. S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (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 5.5(a)(3)(i)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 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph A.3.(ii)(b) of this section. 2009 TxCDBG Project Implementation Manual Appendix K F-19 (d)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying,or transcription by authorized representatives of HUD or its designee 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, HUD or its designee 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 Part 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,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator 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 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. 2009 TxCDBG Project Implementation Manual Appendix K F-20 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (10) and such other clauses as HUD or its designee may be 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 Part 5.5. 7.Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the David-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 HUD or its designee,the U.S. Department of Labor, or the employees or their representatives. 10. (i)Certification of Eligibility. 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) or to be awarded Government contracts by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (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)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010,Title 18, U.S.C.,"Federal Housing Administration transactions", provides in part"Whoever,for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings,or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B.Contract Work Hours and Safety Standards Act. As used in this paragraph,the terms"laborers"and "mechanics"include watchmen and guards. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1)of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3)Withholding for unpaid wages and liquidated damages. HUD or its designee 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 with the same prime contract, 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 subparagraph (2)of this paragraph. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1)through (4)of this paragraph 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 2009 TxCDBG Project Implementation Manual Appendix K F-21 subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4)of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous,or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518)and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat.96). (3)The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 2009 TxCDBG Project Implementation Manual Appendix K F-22 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE From: Erin Elliott To: )ill Hooks Cc: Paul Senecal.eelliotamtb.com Subject: Davis-Bacon Labor Standards-As it Relates to Demolition Projects Date: Wednesday,May 14,2014 4:19:53 PM Attachments: Untitled attachment 26183.eml(401 KBl.msq Hello Jill, Per our conversation,please find attached the memo regarding Demolition Projects and Davis-Bacon Labor Standards. D-B does not apply if it is just demolition,but it does if another construction project is taking place on the Demolition site. Please let me know if you have additional questions. Thanks, Erin Elliott Program Analyst V Disaster Recovery Program Management Team Tel(512)475-5072 E-Mail :erin.elliott@glo.state.gov ,y:JrOr ,MI*�o Office of Labor Relations LABOR RELATIONS �,.rjt� ONS LETTERS Date: August 12, 2009 Letter No. LR 2009-01 Subject: Davis-Bacon applicability, to demolition work 1. Purpose II. General principles 1I1. Character of work for "covered" demolition I. Purpose The purpose of this Letter is to discuss the applicability of Davis-Bacon wage requirements to demolition work conducted in relation to HUD program activity. In addition, this Letter provides guidance concerning character of work determinations where demolition work is covered by Davis-Bacon requirements. II. General principles Demolition, by itself, is not necessarily considered to be construction, alteration or repair (i.e., activities to which Davis-Bacon requirements may apply). As a result, Davis- Bacon wage requirements are not typically triggered by demolition work, alone. However, if subsequent construction at the site is planned as part of the same contract or if subsequent construction is contemplated as part of a future construction project, then the demolition work is considered to be part of the overall construction project. In such cases, if the subsequent construction work is subject to Davis-Bacon requirements, then the demolition would likewise be covered by Davis-Bacon requirements.t Therefore, in most cases, demolition is not covered by Davis-Bacon requirements unless it will be followed by Davis-Bacon— covered construction. This principle remains true whether the demolition is financed or assisted with HUD program funds or with other (non-HUD) funding. There are very few exceptions. For example, Davis-Bacon requirements apply to demolition work where such requirements are imposed by statutory provisions that specify demolition as a Davis-Bacon —covered activity--. In the context of HUD program activity, Davis-Bacon coverage of demolition would necessarily involve knowledge that there will he subsequent construction and that the See All Agency Memorandum 190 and DOL Field Operations Handbook,para I5d02 ,available in the Library atk+,wdol.i;u+_, and I IUD I landbook 1344.1,para 7-5,available at in the Library at%%w++ hud.qu+.offices ulr A'oi • Davis-Bacon applicability to subsequent construction may be triggered by H(1Dassisted demolition. For example,the use of'CDBG funds to finance demolition work that will be followed by construction work financed from other sources may trigger Davis-Bacon requirements on the construction work and thus,also,on the demolition. Please contact the 111.11)Labor Relations swiftly your area for assistance with applicability determinations. 2 Housing Act of 1940, Urban Renewal Program. • Page 2 of 2 Letter No. LR 2009-01 subsequent construction work will be covered by Davis-Bacon. This knowledge, whether of planned or contemplated construction work, implies that there is documented evidence of the expected subsequent construction. Such evidence may include contract specifications; disposition plans; budgets; applications for assistance; and similar records. III. Character of work for "covered" demolition When demolition work is covered by Davis-Bacon wage requirements, the next issue is the determination of the character of work for wage determination purposes — whether the applicable wage decision is residential, building, highway, or heavy. In such cases, the determining factor for character of work is the end result of the work at that site. That is, whether the end result is "residential" (single-family homes or apartments 4 stories or less in height); "building" (e.g., an apartment building greater than 4 stories, an office building, parking garage, or community center); "highway" (e.g., a parking lot, streets, or sidewalks); or "heavy" (e.g., an outdoor swimming pool).; • For example, the demolition of a 16-story apartment building that results in the construction of 2-story townhomes would be subject to a residential wage decision; the demolition of an office building that is followed by the construction of a parking lot would be subject to a highway wage decision. Finally, in some circumstances, it may be known that the demolition will be followed by Davis-Bacon —covered construction work but the character of the end result is not yet determined. For example, it isn't known at the time the demolition is conducted whether the following construction will involve low-rise apartments (4 stories or less) or a high-rise apartment building (5 or more stories). In such cases, a heavy wage decision is applicable. Any questions regarding this Letter should be directed to the Regional or Field HUD Labor Relations staff responsible for the jurisdiction involved. A list of Labor Relations staff, the jurisdictions they serve, and contact information is available at the Office of Labor Relations web site: www.hud.goviollices!olr r I • IxJ.'H. • Waite H. Mad son Director Office of Labor Relations `see Amis 1311and 131. SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled: 19th STREET WATER PLANT DEMOLITION, Job No. CPA-875, Contract No.1. B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances, tools,equipment, transportation, services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of a 19th STREET WATER PLANT DEMOLITION. The completed installation shall not lack any part which can be reasonably implied as necessary to its proper functioning or any subsidiary item which is customarily furnished, and the Contractor shall deliver the installation to the OWNER in operating condition. C. PLANS. Sheet No. Title 1 Cover Sheet 2 Legend and Construction Notes 3 Project Layout 4 Dimensional Control 5 Demolition Plan 6 Grading Plan 7 Sections STA. 0+00 to STA. 2+50 8 Sections STA. 3+00 to STA. 5+50 9 Sections STA. 6+00 to STA. 6+32 10 Air Bridge Detail 1 1 Chain Link Fence Detail D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph C. above, is included in items of BID for which unit prices are shown, and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. City of Port Arthur reserves the right to schedule sequence of construction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe H-1A additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental Items shown in SECTION D - BID. The Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall apply. These items are included to facilitate payment for charges and alterations that may be required to complete work. The actual work as provided by the GENERAL and SPECIAL CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on PLANS is described in BID items other than Supplemental Pay Items. When work covered by Supplemental Items is requested by the Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and Unit Prices bid in BID. I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red pencil to show as-built dimensions and location of all work constructed. J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in restaking. K. PROJECT SIGN. The contractor shall have a temporary sign erected in a prominent location at the construction project site or along a major thoroughfare within the community as directed by the Owner. The formatting of such signage shall be legible from at least three(3)feet distance and have the following wording: "This project is funded by the Texas Department of Rural Affairs of the State of Texas,to provide for disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program." H-2A GLO PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a project sign according to the specifications set forth below: GLO SITE SIGN SPECIFICATIONS Size: 18 inch vertical by 24 inch horizontal Materials: Heavy duty aluminum sign, 80 mil Erection: Single leg Square Steel Tube skid sign support. (see attached) Paint: 3M Screen Printing or 3M outdoor digital inking Colors: Logos shall be shown as approved by the Texas Department of Rural Affairs and the U.S. Department of Housing and Urban Development. All other lettering in jet black. (see Attached) Lettering: Lettering and positioning will be as shown on the attached illustration Project signs will not be erected on public highway rights-of-way. The location of the sign will be coordinated with the City of Port Arthur Public Works Department and any other agency responsible fore highway or street safety in the area of the project to prevent obstruction of vechicular lines of sight for adjoining traffic. No additional lettering or logos are permitted on the sign. H-3A M •— an C z • O to -O G) - -, O -- -0 O rn L1,.^ ,� IL)a, tn, O .Z c, — n 3 0. a ° at O W 3 V) 0 ° o W ., V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n o ; ' `° a a.)a.4 � °° O W "0 3 a. °° Z (1.) v, O C/1 }, O cn ou N i 4 bA M . X C ,l� o 4.-1rn Q" E O VI 7.1 01 ° o li X ?'� F a) y .� p v1 ° � ZQ al Xao OD ° .—� 1:21 "' Ili 1. _ 111 '� A N [--- �D M r `, H-4A 4--i V � �5 V E � E E 6r4 0 c LT O -0 CU 4- � ro o 01 J � .� = � a L . auc 1- L L. co 4 C V) O 2 a� V 0 w � � Es_ N U) Q U (... - C N O O c' _o o o a) CO V >. C- c _o D � c H a) r c E a) (2 c0 Q $--a W -axon -2o (,) a -0 D Tu. t� �2 H (I) , J a) C....) li-J— a) lzic sal 1-1-31 (t) •, a) co ra O O -1-J >, O = O E E 4- a) O D 4- 0 I— O L U LLO U ofFtcF o\ \N G 1Nz., v te"Pbb:- V:f'. ii'N 4. --m--1's-14 °2 . .• \ T.= 0 / i=monn__ y Qom = .„_ ..0°I, 4Nt tar, iT \cc., zw 1 IMOM : 422 Q, Sd'X31- d�(7S n PNo SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein, or both, including all labor, materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters'Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) H-1B 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations,temporary construction facilities,or for storage of materials. C. LINES AND CRADES. From benchmarks and horizontal control references for correctness of installation as to location and grade. Engineer will establish 2--Two or More Structure . - • . . . -- . • . 3. Sewer USCG. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 1. Waterlines. Reference hubs at turns in line, valves, and lire hydrants. and benchmarks at intervals not exceeding 2,000 feet. P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. will be entertained for or on account of any alleged inaccuracies, or for alterations Contractor is to protect stakes and pay all costs involved in any restalting. Stakes, as described above, will be furnished as required by Contractor within 48 hours begs-work. D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. H-2B E. MATERIALS TESTING. All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CON"T'RACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR,the ENGINEER, and the OWNER. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. H-3B G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: I. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Prestressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety (90) days after approval of shop drawings,product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start up equipment. H-4B 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 8%2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 8%2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. H-5B N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction, remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price,for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner. R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate H-6B placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department at 409-983- 8600. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. U. "OR EQUAL" CLAUSE. Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. • H-7B SECTION I PAYMENT BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of$ Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB-CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 2009 TxCDBG Project Implementation Manual Appendix K 1-1 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counter-parts, each on of (Number) which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2009 TxCDBG Project Implementation Manual Appendix K 1-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a hereinafter called Principal, and (Name of Surety Company (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of$ Dollars ($ in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK 2009 TxCDBG Project Implementation Manual Appendix K J-1 to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2009 TxCDBG Project Implementation Manual Appendix K J-2 SECTION K, MAINTENANCE BOND MAINTENANCE BOND STATE OF TEXAS COUNTY OF KNOW BY ALL MEN BY THESE PRESENTS: That of the City of , County of State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto , a municipal corporation (owner) in the penal sum of Dollars ($ for the payment whereof the said principal and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents; Whereas, the principal has entered into a certain written contract with , dated the_ day of , 20 , to . Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and keep in good repair the work herein contracted to be done for a period of one (1) year from the date of written acceptance of said work and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction of any part thereof, or any of the accessories thereof constructed by the Contractor; be it understood that the purpose of this section is to cover all defective conditions arising by reason of defective material or workmanship and charge the same against that said contractor and surety on this obligation, and the said contractor and surety shall be subject to the liquidation damages mentioned in said contract for each day's failure on it's part to comply with the terms of said provisions of said contract; NOW, THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain said work and keep the same in repair for the said maintenance period of one (1) year, as provided, then these presents shall be null and void and have no further effect. If default K-1 shall be made by the said contractor in the performance of it's contract to so maintain and repair said work, then these presents shall have full force and effect and said Owner shall have and recover damages from the said contract and it's principal and surety. It is further agreed that this obligation shall be continuing one against the principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. It is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period and the same shall not be changed, diminished or in any manner affected from any cause during said time. PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond. IT WITNESS WHEREOF, the said principal and surety have signed and sealed this instrument this day of , 20 Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Maintenance Bond must not be prior to date of contract. K-2 SECTION L" ROADWAY REPAIR BOND (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "ROADWAY REPAIR BOND" HERE SECTION M NOTICE OF AWARD (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE OF AWARD"HERE SECTION N NOTICE TO PROCEED (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE TO PROCEED" HERE SECTION 0 INSURANCE A�WQ D CERTIFICATE OF LIABILITY INSURANCE DATE(h1td1DD/YYYY) -� 06/072016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CAOMTACT NAME SHAWN WYATT THE WYATT AGENCY (acoNH ):936-291-3074 {wc,No):936-291 1217 1300 11TH STREET ADDRlEss:ARGO1@SBCGLOBAL.NET SUITE 305-E INSURER(S)AFFORDING COVERAGE NAIC# HUNTSVILLE,TX 77340 INSURER A: ARCH SPECIALTY INS.CO. 21199 INSURED INSURER B: NATIONWIDE MUTUAL 23787 INLAND ENVIRONMENTS, LTD. INSURER c: TEXAS MUTUAL INSURANCE CO. 22945 P.O. BOX 6751 INSURER D: KINGWOOD,TX 77325 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 100085 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBRI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) MMIDD/YYY LIMITS • A GENERAL LIABILITY 12 EMP 43854 09 4/11/16 4/11/17 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISEES7°E (Ra nee) $ 50,000 CLAIMS-MADE X I OCCUR MED EXP(Any one person) $ 5,000 X ASBESTOS PERSONAL&ADV INJURY $ 1,000,000 X POLLUTION LIABILITY GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE UMR APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000 000 POLICY X j c8 ^LOC $ B AUTOMOBILE LIABILITY ACP 5535828659 923/15 923/16 (Eaaccideenteimeo )INGLE LIMri $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNEDALL SCHEDULED UTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTO WNED PROPERTY DAMAGE X MCS-90 (Per accident) $ A X UMBRELLA LIAR X OCCUR 12 EMX 71882 05 4/11/16 4/11/17 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ X OED RETENTION$ $ C WORKERS COMPENSATION 0001168896 6/5/16 6/5/17 X ORY uMrurS eR AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVEn N/A EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 A 12 EMP 43854 09 4/11/16 4/11/17 $1,000,000 OCCURRENCE MOLD LIABILITY CLAIMS MADE $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) BLANKET ADDITIONAL INSURED(EXCEPT WORKERS'COMP)AND WAIVER OF SUBROGATION ON ALL POLICIES IS PROVIDED PER POLICY LANGUAGE AS REQUIRED BY WRITTEN CONTRACT. :CERTIFICATE HOLDER CANCELLATION i . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE .THEREOF, NOTICE WILL BE DELIVERED IN CITY OF PORT ARTHUR ACCORDANCE WITH THE POLICY PROVISIONS. 444-4TH STREET PORT ARTHUR, TX 77641 AUTHORIZED REPRESENTATIV /. (I i -- ©1988-2010 ACORD CORPORATION. All rights reserved. rACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD • SECTION P TECHNICAL SPECIFICATIONS 10/13/2005 ITEM NO. A2001 —CLEARING AND GRUBBING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Remove and dispose of trees, stumps, brush, roots, logs, vegetation, rubbish, and other objectionable matter from project area. Project area is defined as all easements and that portion of street rights-of-way necessary to allow construction of the facilities proposed in this Contract, including those areas needed for disposal of excess excavated material. 13. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 - PRODUCTS 2.01 MATERIALS Not required for this Item. PART 3 -EXECUTION 3.01 CONSTRUCTION METHODS A. Clear and grub trees, stumps, brush, roots, logs, vegetation, and rubbish within project area except trees, shrubs, and other landscape features designated to remain, and protect same against damage and trim when necessary. Clear stump holes of refuse and loose earth; backfill and compact to density of surrounding ground. B. On embankment areas,remove stumps, roots, and objectionable materials to a depth of one foot below existing natural ground surface. C. Dispose of all refuse from clearing operation off site. Obtain required permits from various governmental agencies involved. Bury no refuse on Owner's property. On areas other than embankment, remove stumps and roots to depth of two feet below natural ground. D. For pavement construction, strip grasses to a depth 2-inches below existing grade and spoil off site. 3.02 MEASUREMENT AND PAYMENT A2002 - 1/2 10/13/2005 A. Measurement and Payment: Work as prescribed for and in this Item to be paid for on a lump sum basis. B. Proposal will indicate if clearing and grubbing is a pay item. If so, measure by acre or lump sum as indicated in PROPOSAL. C. Pay for"Clearing and Grubbing" at Contract price bid as measured. Such payment to be full compensation for work as described herein. A2002 -2/2 8/03/2004 ITEM NO. A2002 - SITE GRADING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Within the limits indicated, or in areas where existing grade is altered, strip existing topsoil to 6-inch depth and stockpile in approved areas for subsequent replacement. Remove and dispose of all vegetation, roots, and waste material. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 - PRODUCTS 2.01 MATERIALS Fill: Use approved excess excavation or borrow material. Borrow from approved source, excavate, and clean up borrow area. Reuse of material stripped from borrow site is not allowed unless specifically indicated on PLANS. PART 3 -EXECUTION 3.01 GENERAL Maintain surface drainage on site during construction. 3.02 CONSTRUCTION A. Fill Under Structures and Roads: Place dirt fill in 8-inch maximum layers (loose measure) and compact at or near optimum moisture to at least 95 percent AASHTO Standard T-99-74 density. Place fill to subgrade elevation without addition of topsoil. Where fill to subgrade elevation is less than 6 inches, scarify existing ground to a depth of 6 inches and compact as specified herein. B. Site Fill: Place approved fill within 4 inches of finish grade shown on all areas not covered by structures or roads. Fill in 10-inch maximum layers (loose measured) and compact at or near optimum moisture to at least 90 percent AASHTO Standard T-99-74 density, unless otherwise shown on PLANS. A2002 - 1/2 8/03/2004 C. Topsoil: Place topsoil over areas within limits shown on PLANS. After substantial completion of construction, grade site 4 inches lower than finished grade on all unpaved areas. Clear ground surface of all foreign materials, then place 4 inches of topsoil to bring site to smooth finished grade indicated. D. Waste: Waste stripped materials from within limits indicated. Spread waste material over designated area, dress by blading, and slope to provide drainage. E. Final Cleanup: Level washes, ruts, depressions, and mounds to give areas smooth finish. 3.03 MEASUREMENT AND PAYMENT Measurement and Payment: Work as prescribed for and in this Item to be paid for on a lump sum basis. A2002 - 2/2 03/04/2009 ITEM NO. A2003—STRUCTURAL EXCAVATION AND BACKFILL PART 1 —GENERAL 1.01 DESCRIPTION A. Extent of Work 1. This Item governs excavation for placing structures except pipe sewers, disposal of such excavated material, and backfilling around completed structures to the level of original ground or finished grade. 2. Work to include all necessary pumping or bailing, sheeting, drainage, construction, and removal of any required cofferdams. 3. Unless otherwise provided, work to provide for removal of old structures or portions thereof, trees, and all other obstructions necessary to the proposed construction. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Unless specified on PLANS or approved otherwise by Engineer, structural excavation to be designated as follows: 1. Width and Length: From vertical plane outside structure line equal to thickness of footing or slab. 2. Depth: From bottom of footing or slab to finished ground line or natural ground line, whichever is lower in elevation. 4. When caissons are provided, excavation not permitted outside outer faces or caissons. 1.03 DEFINITIONS A. Cofferdam is a temporary or removable structure to keep surrounding earth, water, or both out of excavation, and may be earth, timber, steel, concrete, or combination thereof. B. Caisson is a permanent part of the substructure, which sinks gradually into place as material is excavated within the area protected by its sidewalls. It maybe either open well type or pneumatic type caisson. A2003 - 1/4 I 03/04/2009 PART 2—EXECUTION 2.01 CONSTRUCTION METHODS A. General 1. Excavate to lines and depths indicated on PLANS or designated by Engineer. Excavate below bottom of structural slab elevation shown for seal slab when required. 2. Furnish supports for piping and structures within excavated area at no additional cost to Owner. 3. When requested, sample soil in accordance with ASTM testing standards to determine classification and strength of subgrade material. Sampling and testing to be by approved testing lab. Notify Engineer of test results immediately. Maximum depth of soundings not to exceed 5-feet below proposed footing grade, and to be made when foundation excavation is substantially complete. 4. Where necessary to increase or decrease footing depths, change details of structure as directed. 5. Do not disturb excavation bottom if structure rests on excavated surface other than rock. Remove foundation material to final grade just before placement of structure or seal slab. 6. When excavating rock or other hard material, cut to level, stepped, or serrated surface and remove loose material from excavation. Clean out seams and fill with concrete or approved structural fill prior to time of footing placement. 7. Protect excavations from rainfall and surface water. If supporting soil is exposed to adverse wet or dry conditions, excavate deeper and/or wider to sound material at no additional cost to Owner. Prior to such activity, notify Engineer. 8. Store excavated material used for future backfill in piles at locations convenient for rehandling, and locate so as not to interfere with other work. Locate edge of stockpile no closer to excavation than 1'/2 times the excavation depth. 9. Provide site drainage and/or groundwater control to protect excavations. Use site grading, cofferdams, ditches, and/or other means to prevent surface water from flowing into excavations or ponding on areas where foundations or pavement will be located. Maintain continuous groundwater and surface water control until structure is complete and ground surface has been brought to final grade. B. Cofferdams and Caissons 1. Cofferdam to be complete with bracing and necessary pumps, well points, or other procedures to control groundwater and surface water intrusion. 2. Place caisson by one or more of the following methods: a. Interior dredging. - b. Addition of weight by increasing wall thickness, when permitted by Engineer. c. Addition of removable loads. d. Use of water or air jets. A2003 -2/4 03/04/2009 e. Use of pile driving equipment for steel shell caissons with suitable driving rig. 3. Provide cofferdams, when required, to allow for construction, removal of forms, and observation. 4. Types and clearances of cofferdams or caissons which affect character of finished work to be submitted for approval. All other details and design are responsibility of Contractor. 5. When required, submit drawings showing proposed method of ground and surface water control, and cofferdam or caisson construction. 6. Extend sheet pile cofferdams and caissons below bottom of footings sufficiently to prevent "blow outs", and provide adequate bracing and make as watertight as practicable. 7. When foundation piling are driven inside cofferdams or caissons, excavate below footing grade to allow for swell of ground during driving operations. Dewater excavation and remove foundation material to exact footing grade after driving piles, before placing seal slab. Backfilling to compensate for excavation below grade not permitted. Fill such areas with concrete; at time seal slabs are placed. 8. Adjust cofferdams or caissons, which tilt or move laterally. Report such movement to Engineer immediately. 9. Unless otherwise provided, remove cofferdams after completion of construction so as not to disturb or mar structure. C. Pumping or Bailing 1. Pump or bail from interior of cofferdam or caisson, outside of forms. Avoid movement of water through or along concrete being placed. 2. Do not pump or bail during concrete placement, or for minimum of 24 hours thereafter, unless from suitable sump separated from concrete by watertight wall. 3. Do not pump or bail to dewater cofferdam or caisson for minimum of 36 hours after seal slab has been set. D. Structural Backfilling 1. Backfill excavated areas as soon as such backfill will not interfere with progress of work. 2. Unless otherwise indicated, compact backfill mechanically in loose lifts not exceeding 8-inches. 3. Unless otherwise specified in PLANS and TECHNICAL SPECIFICATIONS or in soils report, backfill to be selected backfill, as approved by Engineer, with a Plasticity Index (PI) of less than 20 and compacted with mechanical tamps to 90 percent of the Standard Proctor maximum dry density (ASTM D-698) at 0 to +2 percent wet of the optimum moisture content. 4. Do not place backfill against walls for minimum of 7 days after structure has been . in place. 5. Place backfill against walls of partially completed structure only after observation by Engineer. A2003 - 3/4 03/04/2009 6. Prevent wedge action of backfill against structure, and step or serrate slopes bounding excavation. Do not use heavy or intense compaction against structure. Backfill within 5-feet of structure to be subjected to light but full compaction. 7. Unless otherwise authorized, perform backfill in presence of Engineer. 2.02 MEASUREMENT AND PAYMENT A. Measurement and Payment: Work as prescribed for and in this Item to be paid for on a lump sum basis. A2003 -4/4 n 1 01/17/2011 ITEM NO. A3007—REMOVING OLD STRUCTURES PART 1 —GENERAL 1.01 DESCRIPTION Remove and dispose of old structures, or portions of old structures, as shown on PLANS, and include all excavation and backfill to complete the removal hereinafter described. PART 2—PRODUCTS Not applicable to this Item. PART 3—EXECUTION 3.01 METHOD OF REMOVAL A. Culverts or Sewers: Unless otherwise shown on PLANS, remove pipe and appurtenances by careful excavation of all dirt on top and sides in such a manner that pipe will not be damaged. B. Concrete Structures: Remove concrete structures or concrete portions of structures in sizes not larger than one cubic foot. 1. Concrete portions of structures below the permanent ground line, which will not interfere in any manner with the proposed construction, may be left in place, but removal to be carried at least 2-feet below the permanent ground line and nearly squared off. Cut off reinforcement close to the concrete. C. Steel Structures: Dismantle steel structures or steel portions of structures in sections as determined by Engineer. Sections to be of such weight and dimensions as to permit convenient handling, hauling, and storing if material is to be reused or salvaged. Remove rivets and bolts connecting steel railing members, steel beams of beam spans, and steel stringers of truss spans by cutting the heads with a "cold cut", and punching or drilling from the hole, or by such other method as will not injure members for reuse if material is to be reused or salvaged, and will meet approval of the Engineer. Removal of rivets and bolts from connections of truss members, bracing members, and other similar members in the structure not required unless specifically called for on the PLANS or Special Provisions, and Contractor to have the option of dismantling these members by flame-cutting the members immediately adjacent to the connections. Flame-cutting not permitted, however, when shown on PLANS or when Special Provision calls for the structure unit to be salvaged in such a manner as to permit re- A3007 - 1/2 t• 1 01/17/2011 erection. In such case, carefully matchmark all members with paint in accordance with diagram furnished by Engineer prior to dismantling, and remove all rivets and bolts from the connections in the manner specified in the first portion of this paragraph. D. Timber Structures: Remove timber structures or timber portions of structures in such manner as to damage the timber as little as possible for further use. Remove all bolts and nails from such lumber as deemed salvable by Engineer. 1. Unless otherwise shown on PLANS, Contractor may remove entirely, or cut off timber piles at a point not less than 2-feet below ground line. E. Brick or Stone Structures: Remove brick or stone structures or stone portions of structures in sizes not larger than one cubic foot. 1. Portions of such structures below the permanent ground line, which will not in any manner interfere with the proposed construction, may be left in place, but removal to be carried at least 2-feet below the permanent ground line, and neatly squared off. F. Trees, Shrubs and Landscaping: Remove and dispose of all trees, shrubs and landscaping associated with site or as shown on plans. Trees, shrubs and landscaping to remain shall be protected during demolition. Trees, shrubs and landscaping shown to be relocated or to be removed shall be relocated or removed as directed on the plans. 3.02 SALVAGE A. Salvage rights on all material such as pipe, timbers, railings, etc., shall be the contractor's. 1.03 BACKFILL A. Backfill all excavation made in connection with this Item, and all openings below natural ground line caused by removal of old structures or portions thereof, to the level of original ground line, unless otherwise shown on PLANS. 1. Place that portion of the backfill which will support any portion of the structure, roadbed, or embankment as required for placing structural backfill and embankment. In places inaccessible to blading and rolling equipment, use mechanical or hand tamps, or rammers to obtain the required density comparable with adjacent undisturbed material. 1.04 MEASUREMENT AND PAYMENT Measurement and Payment: Work as prescribed for and in this Item to be paid for on a lump sum basis. A3007-2/2 1 01/17/2011 ITEM NO. A3030—HYDRO-MULCH SEEDING PART 1 —GENERAL 1.01 DESCRIPTION A. Scope: The work covered by this Item consists of furnishing all plant, labor,materials, equipment, supplies, supervision, and tools, and performing all work necessary for topsoiling, smoothing, seeding, fertilizing, watering, maintenance, and clean-up of all areas disturbed during construction, all in accordance with the drawings and TECHNICAL SPECIFICATIONS. B. General: The hydro-mulch seeding operations,together with all other necessary related work, to conform to the requirements specified in this Item. The area to be hydro- mulch seeded to be noted on PLANS. PART 2—PRODUCTS 2.01 MATERIALS A. Seed: All seed must meet the requirements of U.S. Department of Agriculture Rules and Regulations as set forth in Federal Seed Act and Texas Seed Law. Type of seed, purity and germination requirements, rate of application, and planting dates are as follows: APPLICATION RATE POUNDS TYPE PER ACRE PLANTING DATE 1 Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass ' January 1 to April 15 98/88 40 Annual Rye Grass (Gulf) 50 2 Hulled Common Bermuda Grass 98/88 40 April 15 to October 1 3. Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass October 1 to January 1 98/88 40 Annual Rye Grass (Gulf) 30 A3030 - 1/2 r 01/17/2011 B. Fertilizer: Fertilizer to be water soluble with analysis of 10 percent nitrogen, 20 percent phosphoric acid, and 10 percent potash. Rate of application to be 750 pounds per acre except during the periods of April 15 through September 1, when the rate to be reduced to 600 pounds per acre. C. Mulch: Mulch to be virgin wood cellulose fiber made from whole wood chips. Within the fiber mulch material, at least 20 percent of the fibers will be 10.7 mm in length and 0.27 mm in diameter. Rate of application to be 2,000 pounds per acre. Soil stabilizers such as Terra Type III (or approved equal)to be applied at a rate of 40 pounds per acre on side slopes and "Terra Tack P' (or approved equal) to be applied at a rate of 40 pounds per acre in the flatter,upper portions of channel areas. PART 3—EXECUTION 3.01 MAINTENANCE The hydro-mulch seeding to be adequately watered until established. Any areas damaged by erosion or areas that do not have acceptable turfing to be reseeded. 3.02 MEASUREMENT AND PAYMENT Measurement and Payment: "Hydro-Mulch Seeding", work as prescribed for and in this Item to be paid for on a lump sum basis. A3030-2/2 Std. 03/04/2009 ITEM NO. A3034 - STORM WATER POLLUTION PREVENTION PLAN (SW3P) PART l - GENERAL 1.01 DESCRIPTION A. Section Includes: 1. Specifications pertaining to the structural systems and pollution prevention systems to be used to meet the guidelines. B. References 1. Clean Water Act of 1972 establishing the National Pollution Discharge Elimination System (NPDES). 2. Texas Commission Environmental Quality General Permit TXR150000. 3. Section 26.040, Texas Water Code - General Permits 4. 40 CFR 122.2 Federal Definitions Applicable to NPDES Program. 5. 40 CFR 122.26 Federal Rules Applicable to Storm Water Permits. 6. 40 CFR 122.28 Federal Rules Applicable to State NPDES General Permits 7. Chapter 205, Title 30, Texas Administrative Code—General Permits for Waste Discharges. 8. Section 305.44, Title 30, Texas Administrative Code—Signatories to Reports, Application for Permit or Post-closure Order. 9. Section 305.128, Title 30, Texas Administrative Code—Signatories to Reports, Permit Characteristics and Conditions Rule. C. Related Work Specified Elsewhere 1. Embankment- Item No. A2004 2. Channel Excavation -Item No. A2009 1.02 QUALITY ASSURANCE/QUALIFICATIONS It is the intent of the information provided in this section to be used as the general guidelines of the storm water pollution prevention plan for this project to establish a minimum basis of compliance for bid purposes. However, it is the responsibility of the Contractor and all Subcontractors to meet all of the requirements of the law, regardless of the information provided herein. The plan to which the Contractor certifies compliance shall be the Contractor's plan and no responsibility for the information contained in this section or shown on the plans shall be construed as the Owner's or Engineer's responsibility. Contractor is responsible for filing Notice of Intent. A3034 - 1/2 Std. 03/04/2009 PART 2 -EXECUTION The following information is the basis for the Storm Water Pollution Prevention Plan: Storm Water Pollution Prevention Plan for 19th Street Water Plant Demolition A3034-2/2 r , 01/17/2011 ITEM NO. B2001 -CONCRETE STRUCTURES PART 1 -GENERAL 1.01 DESCRIPTION • A. Scope: Construction procedures for all types of concrete cast-in-place structures including methods for forming, placing, and curing. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 SUBMITTALS A. Submit samples mix designs,tests,and reports,per Item No. B1001 - "Concrete." B. Prior to start of work, submit following information when requested by Special Provision. 1. Methods of construction. 2. Plans for forms and falsework. 3. Amount and type of equipment. 4. Concrete placing schedule with facilities for handling concrete shrinkage. 5. Tabulation of concrete surfaces indicating types of finish on each surface. PART 2 -PRODUCTS 2.01 MATERIALS A. Concrete: Item No. B1001 - Concrete. The class of concrete for each type of structure or unit shall be as shown on the plans,or by pertinent governing specifications. B. Reinforcing Steel. All reinforcing steel shall conform to the provisions of Item No. B3001 - "Reinforcing Steel." C. Expansion Joint Material: Per ASTM D1752 and Texas Department of Transportation Standard Specifications for construction of highways, streets and bridges (TXDOT) Item 433, "Joint Sealants and Fillers." I. Performed Fiber Material. Preformed fiber expansion joint material shall conform to the dimensions shown on the plans. Unless otherwise specified, "Performed Bituminous Fiber Material" shall be used. 2. Joint Sealing Material. Unless shown otherwise, the sealer shall be a "Low Modulus Silicone Sealant." B2001 - 1/27 01/17/2011 3. Asphalt Board. Asphalt board shall conform to the dimensions shown on the plans. 4. Rebonded Neoprene Filler. Rebonded neoprene filler shall conform to the dimensions shown on the plans. D. Waterstop. 1. Rubber waterstop or polyvinyl chloride (PVC) waterstop shall be in conformance with TXDOT Item 435, "Elastomeric Materials." 2. Other types shall be as shown on the plans. E. Curing Materials: Unless otherwise indicated, use one of the following. 1. Membrane curing shall conform to TXDOT Item 526, "Membrane Curing." 2. Cotton mats shall consist of a filling material of cotton "bat" or "bats" (min. 12 oz. per sq. yd.); covered with unsized cloth (min. six (6) oz. per sq. yd); tuft or stitched to maintain stability; shall be free from tears; and shall be in good general condition. 3. Polyethylene sheeting shall be four (4) mil. minimum thickness and free from visible defects. It shall be clear or opaque white except when the temperature during the curing period does not exceed 60 F or when applicable to control temperature during mass pours. 4. Burlap-polyethylene mats shall be made from burlap impregnated on one side with a film of opaque white pigmented polyethylene and free from visible defects. 5. Laminated mats shall have not less than one(1) layer of an impervious material such as polyethylene, vinyl plastic or other acceptable material (either as a solid sheet or impregnated into another fabric)and shall be free of visible defects. F. Admixtures. Concrete admixtures shall comply with the requirements of TXDOT Item 437, "Concrete Admixtures". G. Epoxy. Unless otherwise specified,epoxy materials shall conform to TXDOT Item 575, "Epoxy". H. Latex Emulsions. Latex emulsion used for latex based grout/mortar, latex adhesive grout/mortar or other purposes shall conform to TXDOT Departmental Materials Specification D9-8110. 1. Forms and Falsework 1. Timber a. Seasoned good quality timber, free from loose or unsound knots, knot holes, twists, shakes, decay, and other imperfections which would affect its strength or impair finished surface of concrete. b. Wedges,when required,to be hardwood or metal. _ 2. Metal a. Thickness of metal forms as required to maintain true shape without warping or bulging. B2001 - 2/27 t 01/17/2011 b. Keep metal forms free from rust, grease, or other foreign materials, and use only those which present a smooth surface and line up properly. c. Aluminum not permitted. J. Grout 1. Nonshrinking Grout: Premixed grout which is nonmetallic, noncorrosive, and nonstaining; containing specially selected silicon sands, cement, shrinkage compensating agents,plasticizing and water reducing agents. a. Conform to requirements of Corps of Engineers CRD-0588 Test Method CRD-0589. b. Minimum 28-day compressive strength of 8,000 psi. c. Maintain grout temperature during placement between 50 deg. F and 90 deg. F. d. Prepare and place grout according to grout manufacturer's specifications. 2. Nonshrink Epoxy Grout: Five Star epoxy grout as manufactured by U.S. Grout Corporation or equal. K. Permanent Moisture Barrier: Polyethylene film minimum thickness of .006 inch (six mils)with high impact strength rating. L. Paint Type Coating: Synthetic elastomer-polyester base coating containing fiberglass, mica,and perlite,and may be either of the following: 1. "Tex-Cote" concrete gray fine textured "Bridge Coat" (Textured Coatings of America, Inc.) 2. "Scotch Shield" coatings(Preston Company). M. Waterproofing: Self-adhering polyethylene with a rubberized asphalt mastic material. 1. Minimum 4 mil thickness polyethylene coated on one side with a layer of adhesive rubberized asphalt with protective membrane. 2. Designed for tensile strength of 250 psi when tested in accordance with ASTM D412-80. 3. Thickness to be 60 mils excluding the protective release membrane. 4. Furnish in rolls 36 inches minimum width and 50 feet minimum length. N. Coal Tar Epoxy Coating 1. Modified Coal Tar Epoxy Compound consisting of 100 percent sprayable solids not requiring solvent material for application or curing. Finished product to be flexible and free of chalking, checking, and hairline shrinkage cracks. Manufacturers: Madewell 1103 Coal Tar Epoxy Coating or equal. 2. Coal Tar Epoxy Primer:Madewell 927 or equal. B2001 - 3/27 t ' 01/17/2011 PART 3 -EXECUTION 3.01 GENERAL REQUIREMENTS Concurrence on the part of the Engineer of any proposed construction methods, approval of equipment, or of form and falsework plans does not relieve the Contractor of the responsibility for the safety or correctness of the methods,the adequacy of his equipment or from carrying out the work in full accordance with the contract. A. Time Sequence of Construction Operations. 1. Do not place superstructure members, forms, falsework, or erection equipment on substructure before concrete therein has attained a flexural strength of 425 psi. 2. Erect forms on footings support by piling or drilled shafts after concrete has attained a minimum flexural strength of 340 psi. Such work may begin on spread footings after concrete has aged at least 2 curing days. Concrete may be placed as soon as the forms and reinforcing steel are approved. 3. Support of tie beam and/or cap forms by falsework placed on previously placed tie beams is permissible, provided such beams have attained 425 psi. flexural strength, properly supported to eliminate stresses not provided for in design. 4. For bridges and direct traffic culverts, construction traffic and traveling public permitted in accordance with the following. a. Authorization for light construction traffic not to exceed a three-quarter ton truck may be given after last slab of concrete has been in place at least 14 days. b. After the last slab concrete has been in place at least 21 days, authorization may be given for other construction traffic, or for the traveling public when necessary. Vehicle exceeding the legal load limit will be allowed in accordance with TXDOT Item 6, "Control of Materials". 5. Forms, or screed supports for bridges, may be attached to I-beams or girders by welding, subject to the following requirements: a. Welds will not be permitted on tension flanges and in those areas shown on the plans or as directed by the Engineer. b. Welds shall be made in accordance with TXDOT Item 448, "Structural Field Welding". 3.02 CONSTRUCTION A. Forming 1. General Requirements: Shall be designed and constructed to safely carry the maximum anticipated loads, including wind loads, and to provide the necessary rigidity. Details of falsework construction shall be subject to review and approval by the Engineer. 2. Design Loads: For evaluating the adequacy of job fabricated falsework, a weight of 150 pounds per cubic foot shall be assumed for concrete, and a live load allowance of 50 pounds per square foot of horizontal surface of the form work shall be included. The maximum stresses shall not exceed 125 percent of the allowable stresses used for the design of structures. Commercially produced structural units used in falsework shall not exceed the manufacturer's maximum allowable working B2001 -4/27 01/17/2011 load for moment, and shear or end reaction. The maximum allowable working load shall include an allowance of 35 pounds per square foot of horizontal form surface and sufficient details and data shall be submitted to the Engineer for approval. 3. Falsework a. When wedges are used to adjust falsework to desired elevations, the wedges shall be used in pairs to insure even bearing. The use of wedges to compensate for incorrectly cut bearing surfaces will not be permitted. b. Sills or grillages shall be large enough to support the superimposed load without settlement, and unless founded on solid rock, shale or other hard materials, precautions shall be taken to prevent yielding of the supporting material. c. Falsework, which cannot be founded on a satisfactory spread footing, shall be placed on piling or drilled shafts having a bearing capacity sufficient to support the superimposed load without settlement. Falsework piling shall be driven to the required resistance determined by the applicable formula given in TXDOT Item 404, "Driving Piling". Drilled shafts for falsework shall be designed to carry the superimposed load using both skin friction and point bearing. d. Welding, when used, shall conform to the requirements of TXDOT Item 448, "Structural Field Welding". Each falsework bent shall be securely braced to provide the stiffness required with the bracing securely fastened to each pile or column it crosses. The falsework shall be removed when no longer required. Falsework piling shall be pulled or cut off not less than six (6) inches below finished ground level. Falsework, piling or drilled shafts in a stream, lake, or bay shall be completely removed to a point specified by the Engineer to prevent any obstruction to the waterway. 4. Forms. All forms shall be constructed in accordance with the following: a. General. Except where otherwise specified, forms may be of either timber or metal. 1) Forms for round columns exposed to view shall be of steel, except that other materials will be allowed with written permission of the Engineer. 2) Studs, joists, wales or other devices used for form supports shall be of sufficient section and rigidity to withstand undue bulging or settling of the forms. Any device or method used for form support shall be subject to the approval of the Engineer. 3) Forms shall be designed for the pressure exerted by a liquid weighing 150 pounds per cubic foot. The rate of placing the concrete shall be taken into consideration in determining the depth of the equivalent liquid. Job fabricated forms shall be designed for an additional live load of 50 pounds per square foot of horizontal surface. The maximum unit stresses shall not exceed 125 percent of the allowable stresses used for the design of structures. 4) Commercially produced structural units used in form work shall not exceed the manufacturer's maximum allowable working load for moment, shear or end reaction. The maximum working load shall include a live load of 35 pounds per square foot of horizontal form surface and sufficient details and data shall be submitted to the Engineer for review. B2001 - 5/27 f I 01/17/2011 5) Forms shall be practically mortar-tight, rigidly braced and strong enough to prevent bulging between supports and shall be maintained to the proper line and grade during concrete placement. Forms shall be maintained in a manner to prevent warping and shrinkage. 6) Offsets at form joints shall not exceed 1/16 inch. Form supports for slabs shall not be welded to the top flange of I-beams or girders except in accordance with the provisions of Article 3.02.A. 7) Deflections due to cast-in-place slab concrete and railing shown in the dead load deflection diagram shall be taken into account in the setting of slab forms. 8) All forms and footing areas shall be cleaned of any extraneous matter before placing concrete. 9) Permission to place concrete will not be given until all preparatory work is complete to the satisfaction of the Engineer. 10) If, at any stage of placement, the forms show signs of bulging or sagging, the portion of the concrete causing such condition shall be removed immediately, if necessary, and the forms shall be reset and securely braced against further movement. 11) Wet surface of forms to be in contact with concrete immediately before placing concrete. 12) Before concrete placement, align edges and faces of form panels and tape or fill joints with patching plaster or cold-water putty to prevent leakage; sand lightly with No. 0 sandpaper to make joints smooth. 13) Forms of any kind are not permitted under permanent structures. B. Timber Forms. 1. Lumber for forms shall be properly seasoned, of good quality, and free from imperfections, which would affect its strength or impair the finished surface of the concrete. 2. Forms or form lumber to be reused shall be maintained clean and in good condition. Any lumber which is split, warped, bulged, marred or has defects that will produce inferior work shall not be used and shall be promptly removed from work. 3. Form lining will be required for all forms surfaces, except for the inside of culvert barrels, inlets, manholes and box girders;the bottom of bridge decks between beams or girders; surfaces that are subsequently covered by backfill material or are completely enclosed; and, any surface formed by a single finished board. Lining will not be required when plywood forms are used. Form lining shall be of an approved type such as Masonite or plywood. Thin membrane sheeting such as polyethylene sheets shall not be used for form lining. Commercial form liners used to imprint a pattern or texture on the surface of the concrete shall be as shown on the plans and/or as approved by the Engineer. 4. Forms may be constructed of plywood not less than 1/2 inch in thickness. The grain of the face plies on plywood forms shall be placed parallel to the span between the supporting studs or joists. Plywood used for forming surfaces which remain exposed shall be equal to that specified as B-B Plyform Class I or Class II Exterior of the U.S. Department of Commerce, National Institute of Standards and Technology, U.S.Product Standard, latest edition. B2001 - 6/27 01/17/2011 5. Studs and joists shall be spaced so that the facing form material remains in true alignment under the imposed loads. 6. Wales shall be spaced close enough to hold forms securely to the designated lines and scabbed at least four(4) feet on each side of joints to provide continuity. A row of wales shall be placed near the bottom of each placement. 7. Facing material shall be placed with parallel and square joints and securely fastened to supporting studs. 8. Forms for surfaces receiving only an ordinary finish and exposed to view shall be placed with the form panels symmetrical, i.e., long dimensions set in the same direction. Horizontal joints shall be continuous. 9. Molding for chamfer strips or other uses shall be made of materials of a grade that will not split when nailed and which can be maintained to a true line without warping. Wood molding shall be mill cut and dressed on all faces. Unless otherwise provided herein or shown on the plans, forms shall be filleted at all sharp corners and edges with triangular chamfer strips measuring 3/4 inch on the side. 10. Except at structures where railing is to be attached, culvert headwall heights shall be adjusted as necessary to provide a maximum projection of three(3) inches above the roadway slope unless otherwise directed by the Engineer. As the entrance of all box culverts, a three (3) inch chamfer shall be provided along the bottom edge of the top slab. Reinforcing steel shall be adjusted as necessary to provide a minimum 1-1/4 inch clear cover. No changes will be made in quantities and no additional compensation will be allowed for this work. 11. All forms shall be constructed to permit their removal without marring or damaging the concrete. The forms may be given a slight draft to permit ease of removal. 12. Metal form ties of an approved type or a satisfactory substitute shall be used to hold forms in place and shall be of a type that permits ease of removal of the metal as hereinafter specified. 13. All metal appliances used inside of forms for alignment purposes shall be removed to a depth of at least 1/2-inch from the concrete surface. The appliances shall be made so the metal may be removed without undue chipping or spalling of the concrete, and when removed, shall leave a smooth opening in the concrete surface. Burning off of rods,bolts or ties will not be permitted. 14. Any wire ties used shall be cut back at least 1/2-inch from the face of the concrete. 15. Devices holding metal ties in place shall be capable of developing the strength of the tie and adjustable to allow for proper alignment. 16. Metal and wooden spreaders which are separate from the forms shall be removed entirely as the concrete is being placed. 17. Adequate clean-out openings shall be provided for narrow walls and other locations where access to the bottom of the forms is not readily attainable. 18. The facing of all forms shall be treated with bond breaking coating of such composition that would not discolor or otherwise injuriously affect the concrete surface. Care shall be exercised to prevent coating of the reinforcing steel. C. Metal Forms. The foregoing requirements for timber forms regarding design, mortar- tightness, filleted corners, beveled projections, bracing, alignments, removal, reuse and wetting shall also apply to metal forms, except that these will not require lining, unless specifically noted on the plans. B2001 - 7/27 f , 01/17/2011 The thickness of form metal shall be as required to maintain the true shape without warping or bulging. All bolt and rivet heads on the facing sides shall be countersunk. Clamps, pins or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete. Metal forms which do not present a smooth surface or which line up improperly shall not be used. Metal shall be kept free from rust,grease or other foreign materials. D. Form Supports for Overhang Slabs. Form supports which transmit a horizontal force to a steel girder or beam, or to a prestressed concrete beam will be permitted, providing a satisfactory structural analysis has been made of the effect on the girder or beam and approval is granted by the Engineer. 1. When overhang brackets are used on prestressed concrete beam spans with slab overhangs not exceeding three (3) feet six (6) inches, bracing requirements shall conform to the details shown on the plans. 2. For spans in which the overhang exceeds three (3) feet six (6) inches, additional support will be required for the outside beams regardless of the type beam used. Details of the proposed support system shall be submitted by the Contractor for approval. 3. Holes in steel members for support of overhand brackets may be punched or drilled full size or may be torch cut to 1/4-inch under size and reamed full size. In no case shall the holes be burned full size. The hole shall be left open unless otherwise shown on the plans. The holes shall never be filled by welding. E. Drains. Weep holes and roadway drains shall be installed and constructed as shown on the plans. F. Joints 1. Expansion Joints. a. Joints and devices to provide for expansion and contraction shall be constructed in accordance with plan details and the requirements of this Item. b. The bearing area under the expansion ends of concrete slabs and slab and girder spans shall be given a steel trowel finish, and fmished to the exact grades required. c. Bridging of concrete or mortar around expansion joint material in bearings and expansion joints shall be prevented. d. All open joints and joints to be filled with expansion joint material shall be constructed using forms adaptable to loosening or early removal. To avoid expansion or contraction damage to the adjacent concrete, these forms shall be loosened as soon as possible after final concrete set to permit free movement of the span without requiring full form removal. e. When a "Type A" joint is shown on the plans, preformed fiber joint material shall be used in the vertical joints of the roadway slab, curb, median or sidewalk and the top one (1) inch thereof shall be filled with the joint sealing material shown herein or shown on the plans. f. The sealer shall be installed in accordance with TXDOT Item 438, "Cleaning and/or Sealing Joints and Cracks (Portland Cement Concrete)", and the manufacturer's recommendations. B2001 - 8/27 01/17/2011 g. Where preformed fiber joint material is used, it shall be anchored to the concrete on one(1)side of the joint by light wire or nails. h. Finished joints shall conform to the plan details with the concrete sections completely separated by the specified opening or joint material. i. Soon after form removal and again where necessary after surface finishing, all concrete shall be removed from within the joint opening to insure full effectiveness of the expansion joint. 2. Construction Joints. a. The joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set shall be deemed a construction joint. The term monolithic placement shall be interpreted to mean that the manner and sequence of concrete placing shall not create a construction joint. b. Construction joints shall be of the type and at the locations shown on the plans. Construction joints other than those shown on the plans will not be permitted in bridge slabs. Additional joints in other members will not be permitted without written authorization from the Engineer. When additional joints are authorized, they shall have details equivalent to those shown on the plans for joints in similar locations. c. Unless otherwise provided, construction joints shall be square and normal to the forms. Bulkheads shall be provided in the forms for all vertical joints. d. Construction joints requiring the use of joint sealing material shall be as shown on the plans. e. A concrete placement terminating at a horizontal construction joint shall have the top surface roughened thoroughly as soon as practicable after initial set is attained. f. The hardened concrete surface shall be thoroughly cleaned of all loose material, laitance, dirt or foreign matter and saturated with water. All freewater shall be removed and the surface shall be in a moist condition when concrete and/or bonding grout is placed against it. g. Forms shall be drawn tight against the existing concrete to avoid mortar loss and offsets at joints. h. When shown on the plans or in other specifications, the joint surface shall be coated with bonding mortar,grout, or other specified material. i. When shown on the plans, Type V epoxy material shall be used for bonding fresh concrete to hardened concrete. The bonding epoxy shall be placed on a clean,dry surface and shall be tacky when the fresh concrete is placed. G. Seal for Foundations. Concrete for foundation seals,unless otherwise specified, shall be in accordance with TXDOT Item 400, "Excavation and Backfill for Structures". H. Placing Reinforcement. 1. Reinforcement shall be placed as provided in Item No. B3001 - "Reinforcing Steel". Reinforcing steel supports shall not be welded to I-beams or girders or to reinforcing steel except where shown on the plans to be permissible. 2. Post tensioning ducts shall be placed in accordance with the approved prestressing details, and in accordance with TXDOT Item 426, "Prestressing". The Contractor B2001 - 9/27 01/17/2011 shall maintain all ducts free of obstructions until all post tensioning operations are complete. Placing Concrete-General. 1. The Contractor shall give the Engineer sufficient advance notice before placing concrete in any unit of the structure to permit the inspection of forms, reinforcing steel placement and other preparations. 2. The sequence of placing concrete shall be as shown on the plans or as required herein. 3. Concrete placement will not be permitted when impending weather conditions would impair the quality of the finished work. If conditions of wind, humidity, and temperature are such that concrete cannot be placed without cracking, concrete placement shall be done in the early morning or at night. When concrete mixing, placing, and finishing is done in other than daylight hours, provisions shall be made to adequately light the entire placement site. The Engineer will approve the adequacy of such lighting before operations are begun. 4. Where work has been started and changes in weather conditions require protective measures, the Contractor shall furnish adequate shelter to protect the concrete against damage from rainfall, or from freezing temperatures as outlined in Article 3.02.J. If necessary to continue operations during rainfall, the Contractor shall also provide protective coverings for the material stockpiles. Aggregate stockpiles need to be covered only to the extent necessary to control the moisture conditions in the aggregates. 5. After concrete has achieved initial set,at least one(1) curing day shall elapse before placing strain on projecting reinforcement in order to prevent damage to the concrete. 6. Placing Temperature. a. The temperature of all concrete at the time of placement shall be not less than 50 F. b. The temperature of cast-in-place concrete in bridge slabs and top slabs of direct traffic structures shall not exceed 85 F when placed. Concrete diaframs, parapets, concrete portions of railing, curbs, and sidewalks, unless monolithically placed with the slab, will not be subject to the above maximum. Other portions of structures, when shown on the plans, shall require the temperature control specified. c. For mass concrete placements, as defined in Subarticle 3.02.I.15, the concrete temperature at the time of placement shall not exceed 75 F. 7. Transporting Time. The maximum time interval between the addition of cement to the batch and the placing of concrete in the forms shall conform to the requirements in Table 1. B2001 - 10/27 7 Y 01/17/2011 TABLE 1 TEMPERATURE-TIME REQUIREMENTS Concrete Temperature Max Time Max Timetii (at point of placement) (No Retarding Agent) (nth Retarding Agent) Non-Agitated Concrete: Above 80° F 15 30 80° F and Below 30 45 Agitated Concrete: Above 90° F 45 75 Above 75°through 90' F 60 90 75° F and Below 90 120 0)Normal dosage of retarder 8. Transporting Equipment. a. The method and equipment used to transport concrete to the forms shall be capable of maintaining the rate of placement shown on the plans or required by the Engineer. Concrete may be transported by buckets, chutes, buggies, belt conveyors,pumps or other methods. b. When belt conveyors or pumps are used, sampling for testing should be done at the discharge end. When in the opinion of the Engineer, it is deemed impractical to sample as the discharge end, sampling may be done at the mixer provided that correlation testing is performed and documented to ensure specification requirements are met at the discharge end. c. Concrete transported by conveyors shall be protected from sun and wind, if necessary, to prevent loss of slump and workability. Pipes through which concrete is pumped shall be shaded and/or wrapped with wet burlap, if necessary, to prevent loss of slump and workability. Concrete shall not be transported through aluminum pipes, tubes, or other aluminum equipment. Pump lines shall conform to the following: 1) For Grade 2 coarse aggregate and smaller, the minimum size pump line shall be five(5)inches ID. 2) For Grade 1 coarse aggregate, the minimum size pump line shall be eight (8) inches ID. d. Chutes,troughs, conveyors or pipes shall be arranged and used so that the concrete ingredients will not be separated. When necessary to prevent segregation, such equipment shall terminate in vertical down-spouts. Open troughs and chutes shall extend, if necessary, down inside the forms or through holes left in the forms. e. All transporting equipment shall be kept clean and free from hardened concrete coatings. Water used for cleaning shall be discharged clear of the concrete. 9. Forms. a. Openings in forms shall be provided, if needed, for the removal of laitance or foreign matter. B2001 - 11/27 ( 7 01/17/2011 b. All forms, prestressed concrete panels, T-beams, and concrete box beams on which concrete is to be placed shall be wetted thoroughly prior to placing concrete thereon. Any remaining puddles of excess water shall be removed. The top of such members shall be in a moist surface dry condition when concrete is placed on them. 10. Handling, Placing, and Consolidation. The method of handling, placing, and consolidation of concrete shall minimize segregation of the concrete and displacement of the reinforcement. A uniform dense compact mass shall be produced. a. Handling and Placing. Concrete shall not have a free fall of more than five(5) feet, except in the case of thin walls such as in culverts or as specified in other items. Any hardened concrete splatter ahead of the plastic concrete shall be removed. Each part of the forms shall be filled by depositing concrete as near its final position as possible. Depositing large quantities at one point and running or working the concrete along the forms will not be allowed. Concrete shall be deposited in the forms in layers of suitable depth but not more than 36 inches in thickness,unless otherwise directed by the Engineer. Cold joints in a monolithic placement shall be avoided. The sequence of successive layers or adjacent portions of concrete shall be such that they can be vibrated into a homogeneous mass with the previously placed concrete. Not more than one (1) hour shall elapse between adjacent or successive placements of concrete, except as otherwise required by an approved placing procedure when revibration of the concrete is shown on the plans or specifications. This time requirement may be extended by 1/2 hour when the concrete contains not less than a normal dosage or retarding admixture. An approved retarding agent shall be used to control stress cracks and/or cold joints in placements where differential settlement and/or setting time may induce stress cracking. b. Consolidation. All concrete shall be well consolidated and the mortar flushed to the form surfaces with immersion type vibrators. Vibrators which operate by attachment to forms or reinforcement will not be permitted, except on steel forms. At least one (1) stand-by vibrator shall be provided for emergency use in addition to those required for placement. The concrete shall be vibrated immediately after deposit. A systematic spacing of the points of vibration shall be established to insure complete consolidation and thorough working of the concrete around the reinforcement, embedded fixtures, and into the corners and angles of the forms. The vibrator may be inserted in a sloping or horizontal position in shallow slabs. The entire depth of each lift shall be vibrated, allowing the vibrator to penetrate several inches into the preceding lift. Concrete along construction joints shall be thoroughly consolidated by operating the vibrator along and close to but not against the joint surface. The vibration shall continue until thorough consolidation and complete embedment of reinforcement and fixtures is produced, but not long enough to cause segregation. Vibration may be supplemented by hand spading or rodding, if necessary, to insure the flushing of mortar to the surface of all forms. 11. Slabs. B2001 - 12/27 1 y 01/17/2011 a. Unless otherwise shown on the plans or other specifications, slab concrete shall be mixed in a plant located off the structure. Carting or wheeling concrete batches over completed slabs will not be permitted until the slabs have aged at least four (4) full curing days. For the remainder of the curing period, timber planking will be required for carting of the concrete. Carts shall be equipped with pneumatic tires. Curing operations shall not be interrupted for the purpose of wheeling concrete over finished slabs. b. The storing of reinforcing or structural steel on completed roadway slabs generally shall be avoided and, when permitted, shall be limited to quantities and distribution that will not induce excessive stresses. c. A longitudinal screed may be placed directly on previously placed concrete slabs for the purpose of checking and grading of an adjacent slab after the previously placed slab has aged not less than 24 hours. Actual screeding may be done after the previously placed slabs have aged at least 48 hours. 12. Continuous Placements. For continuous placement of the deck on steel units, the initial set of the concrete shall be retarded sufficiently to insure that the concrete remains plastic in not less than three (3) spans immediately preceding the slab being placed. For simple spans, retardation shall be required only if necessary to complete finishing operations or as required by Article 3.02. 13. Fogging and Interim Curing. a. From the time of initial strike off of the concrete until finishing is completed and required interim curing is in place, the unformed surfaces of slab concrete in bridge decks and top slabs of direct traffic culverts shall be fogged when necessary to replace water loss due to evaporation. b. Fogging equipment shall be capable of applying water in a fine mist, not a spray. The fog shall be produced using equipment which pumps water or water and air under high pressure through a suitable atomizing nozzle. The equipment shall be hand operated and sufficiently portable for use in the direction of any prevailing wind. It shall be adaptable for intermittent use as directed by the Engineer to prevent excessive wetting of the concrete. c. Interim curing will be required for slab concrete in bridge decks and top slabs of the direct traffic culverts immediately upon completion of final finish. Type 1-D membrane curing compound (Resin Base Only) will be required. Water curing will be required in accordance with Article 3.02 and shall be commenced as soon as possible without damaging the surface finish. 14. Installation of Dowels and Anchor Bolts. Dowels and anchor bolts may be cast-in- place or installed by grouting with grout, epoxy or epoxy mortar. Holes for grouting may be formed or drilled. a. General. Holes for anchor bolts shall accommodate the bolt embedment required by the plans. Holes for dowels shall be a minimum of 12 inches deep unless otherwise shown on the plans. When grout or epoxy mortar is used, the diameter of the hole shall be not less than twice the dowel or bolt diameter nor more than the diameter plus 11/2 inches. When using epoxy, the hole diameter shall be 1/16 inch to 1/4 inch greater than the dowel or bolt diameter. Holes shall be thoroughly cleaned of all loose material, oil, grease, or other bond breaking substance and blown clean with filtered compressed air. Holes shall be in a surface dry condition when epoxy type material is used. Holes shall be B2001 - 13/27 r t 01/17/2011 in a surface moist condition when Portland cement grout is used. The Contractor shall develop and demonstrate a procedure for cleaning and preparing the holes for installation of the dowels and anchor bolts that is satisfactory to the Engineer. The void between the hole and dowel or bolt shall be completely filled with grouting material. b. Cast-in-Place or Grouted Systems. Portland cement grout, epoxy mortar, or other prepackaged grouts as approved by the Engineer may be used. Port cement grout shall conform to the pertinent provisions of TXDOT Item 421, "Portland Cement Concrete". Epoxy (Type V) and Epoxy Mortar (Type VIII) shall conform to TXDOT Item 575, "Epoxy". Grout, epoxy or epoxy mortar may be used as the binding agent unless otherwise indicated on the plans. c. Other Anchor Systems. These systems shall be in accordance with the plans and approved by the Engineer. 15. Mass Placements. a. Unless otherwise shown on the plans,for monolithic mass placements having a least dimension greater than five (5)feet,the Contractor shall develop a plan to assure that during the heat dissipation period, the temperature differential between the central core of the placement and the exposed concrete surface does not exceed 35°F. b. A detailed plan, along with an analysis of the associated heat generation and dissipation (heat flow analysis) shall be submitted to the Engineer for approval. No concrete shall be placed until this plan is approved. This plan may include a combination of the following: 1. Selection of concrete ingredients to minimize heat of hydration. 2. Using ice or cooling concrete ingredients. 3. Controlling rate of concrete placement. 4. Using insulation to control heat loss. 5. Using supplemental heat to control heat loss. 6. Use of fly ash. c. The Contractor shall furnish and install two (2) sets of strip chart temperature recording devices or approved equivalent at locations designated by the Engineer. These devices shall be accurate to within+/-2° F within the range of 32° F to 212° F and shall be used to simultaneously measure the temperature of the concrete at the core and the surface. J. Placing Concrete in Cold Weather. 1. The Contractor is responsible for the protection of concrete placed under any and all weather conditions. Permission given by the Engineer for placing during cold weather will not relieve the Contractor of the responsibility for producing concrete equal in quality to that place under normal conditions. Should concrete placed under such conditions prove unsatisfactory, it shall be removed and replaced. 2. Concrete may be placed only when the atmospheric temperature is greater than 35° F. Concrete shall not be placed in contact with any material coated with frost or having a temperature less than 32°F. 3. Aggregates shall be free from ice, frost and frozen lumps. When required, in order to produce the minimum specified concrete temperature, the aggregate and/or the water shall be heated uniformly, in accordance with the following: B2001 - 14/27 01/17/2011 The water temperature shall not exceed 180° F, nor shall the aggregate temperature exceed 150° F. The heating apparatus shall heat the mass of aggregate uniformly. The temperature of the mixture of aggregate and water shall be between 50° F and 85° F before introduction of the cement. 4. The Contractor shall provide and install recording thermometer(s) or other suitable temperature measuring device(s)to verify that all concrete is effectively protected as follows: a. The temperature of all unformed surfaces of bridge decks and top slabs of direct traffic culverts shall be maintained at 50° F or above for a period of 72 hours from time of placement and above 40°F for an additional 72 hours. b. The temperature at the surface of all concrete in bents, piers, culvert walls, retaining walls, parapets, wingwalls, bottom of slabs, and other similar formed concrete shall be maintained at 40° F or above for a period of 72 hours from time of placement. c. The temperature of all concrete, included the bottom slabs(footings)of culverts placed on or in the ground, shall be maintained above 32° F for a period of 72 hours from time of placement. 5. Protection shall consist of providing additional covering, insulated forms or other means, and if necessary, supplementing such covering with artificial heating. Curing as specified under Article 3.02.A shall be provided during this period until all requirements for curing have been satisfied. 6. When impending weather conditions indicate the possibility of the need for such temperature protection, all necessary heating and covering material shall be on hand and ready for use before permission is granted to begin placement. 7. Sufficient extra test specimens will be made and cured with the placement to ascertain the condition of the concrete as placed prior to form removal and acceptance. K. Placing Concrete in Hot Weather. Unless otherwise directed by the Engineer,when the temperature of the air is above 85° F, an approved retarding agent will be required in all concrete used in superstructures and top slabs of direct traffic culverts. L. Placing Concrete in Water. 1. Concrete shall be deposited in water only when shown on the plans or with the written permission of the Engineer. The forms or cofferdams shall be sufficiently tight to prevent any water current passing through the space in which the concrete is being deposited. Pumping of water will not be permitted during the concrete placing,nor until it has set for at least 36 hours. 2. The concrete shall be placed with a tremie, or other approved method, and shall not be permitted to fall freely through the water nor shall the concrete be disturbed after being placed. The concrete surface shall be kept approximately level during placement. 3. The tremie shall consist of a water-tight tube of a diameter which will permit adequate placement of the concrete, but not greater than 14 inches. The tremie shall be constructed so that the bottom can be sealed and opened after the tremie is in place and fully charged with concrete. The tremie shall be supported so that it can be easily moved horizontally to cover all the work area and vertically to control the B2001 - 15/27 01/17/2011 3. All temporary wales or braces inside cofferdams shall be constructed or adjusted as the work proceeds to prevent unauthorized construction joints. 4. When footings can be placed in a dry excavation without the use of cofferdams, forms may be omitted, if approved by the Engineer, and the entire excavation filled with concrete to the elevation of the top of footing. In this case, measurement for payment will be based on the footing dimensions shown on the plans. 5. Concrete in columns shall be placed monolithically between construction joints unless otherwise provided. Columns and caps and/or tie beams supported thereon may be placed in the same operation. To allow for settlement and shrinkage of the column concrete, it shall be placed to the lower level of the cap or tie beam and placement delayed for not less than one (1) hour nor more than two (2) before proceeding. P. Treatment and Finished of Horizontal Surfaces Except Roadway Slabs. 1. All unformed upper surfaces shall be struck off to grade and finished. The use of mortar topping for surfaces under this classification will not be permitted. 2. After the concrete has been struck off, the surface shall be floated with a suitable float. Bridge sidewalks shall be given a wood float or broom fmish or may be striped with a brush,as specified by the Engineer. 3. The tops of caps and piers between bearing areas shall be sloped slightly from the center toward the edge, and the tops of abutments and transition bents sloped from the backwall to the edge, as directed by the Engineer, so that the water drains from the surface. The concrete shall be given a smooth trowel finish. When shown on the plans, the top of caps and piers shall be coated with Type X epoxy material except for areas under shoes and bearing pads. Unless otherwise shown on the plans, the color shall be concrete gray. The color of the epoxy may be adjusted to concrete gray by the use of a black universal type tinting paste. Bearing areas for steel units shall be constructed in accordance with TXDOT Item 441, "Steel Structures". 4. Bearing seat build-ups or pedestals for concrete units may be cast integrally with the cap or with a construction joint as follows: 5. The bearing seat build-ups shall be constructed of a latex based mortar or an epoxy mortar, mixed in accordance with the manufacturer's recommendation. Pedestals shall be constructed of Class"C" concrete,reinforced as shown on the plans. 6. Bearing areas under elastomeric pads or non-reinforced bearing seat build-ups shall be given a textured,wood float finish. Q. Finish of Roadway Slabs. 1. In all roadway slab finishing operations, camber for specified vertical curvature and transverse slopes shall be provided. 2. For concrete slab or concrete slab girder spans cast in place on falsework, an additional amount of camber shall be provided to offset the initial and final deflections of the span. The additional amount of camber shall be determined from the dead load deflection diagram shown on the plans. When dead load deflections is not shown on the plans, the additional amount of camber shall be 1/8 inch per ten foot of span length but not to exceed 1/2 inch. For pan girder spans the additional B2001 - 18/27 e s 01/17/2011 camber for initial and final deflections shall be approximately 1/2 inch for 30 foot spans and 5/8 inch for 40 foot spans unless otherwise directed by the Engineer. 3. Roadway slabs supported on prestressed concrete, steel beams or girders shall receive no additional camber, except that for slabs without vertical curvature, the longitudinal camber shall be approximately 1/4 inch. 4. Dead load deflection shall be taken into account in setting the grades of headers and rail systems. 5. Work bridges or other suitable facilities shall be provided by the Contractor from which to perform all finishing operations and check measurements for slab thickness and reinforcement cover. 6. As soon as the concrete has been placed and vibrated in a section of sufficient width to permit working, the surface shall be approximately leveled, struck off and screeded, carrying a slight excess of concrete ahead of the screed to insure filling of all low spots. The screed shall be rigid enough to hold true to shape and shall have sufficient adjustments to provide for the required camber or section. A vibrating screed may be used if heavy enough to prevent undue distortion. The screeds, except those of the roller drum type, shall be provided with metal cutting edges. 7. Longitudinal screeds shall be moved across the concrete with a saw-like motion while their ends rest on headers or templates set true to the roadway grade or on the adjacent finished slab. 8. The surface of the concrete shall be screeded a sufficient number of times and at such intervals to produce a uniform surface,true to grade and free of voids. 9. If necessary, the screeded surface shall be worked to a smooth finish with a long handled wood or metal float,or hand floated from bridges over the slabs. 10. When required by the Engineer, the Contractor shall perform sufficient checks with a long handled 10 foot straightedge on the plastic concrete to insure that the final surface will be within the tolerances specified below. The check shall be made with the straightedge parallel to the centerline. Each pass thereof shall lap half of the preceding pass. All high spots shall be removed and all depressions over 1/16 inch in depth shall be filled with fresh concrete and floated. The checking and floating shall be continued until the surface is true to grade and free of depressions, high spots,voids or rough spots. 11. Rail support holes shall be filled with concrete and finished to match the top of the slab. 12. Unless otherwise shown on the plans, when no additional wearing course is to be placed, the bridge deck surface shall be given a grooved steel tine finish. The grooves shall be approximately 1/8 to 3/16 inch deep, approximately 1/8 inch wide. The tines shall be randomly spaced approximately 3/4 to one (1) inch apart. The grooves shall run perpendicular to the structure center line when a transverse screed is used and parallel to the structure centerline when a longitudinal screed is used. Areas which receive insufficient texture depth shall receive additional texturing, when directed by the Engineer, by saw grooving in accordance with the procedure given below. 13. At the option of the Contractor, or when shown on the plans, the surface shall be given its final texture by saw grooving to meet the above requirements. Saw grooving may be done a minimum of four (4) days after the slab concrete has been B2001 - 19/27 f 1 i 01/17/2011 placed. If saw grooving is done prior to the completion of curing, the curing shall be continued after sawing to provide the minimum curing time required. 14. When shown on the plans that a concrete overlay is to be placed on the slab (new construction) or on prestressed concrete box beams or other precast elements, the slab or the top surface of shear key and diafram concrete shall be given a broom finish. The finish shall have an average texture depth of approximately 0.035 inches with any individual test, not falling below 0.020 inches unless otherwise shown on the plans, when tested in accordance with Test Method Tex-436-A. Should the texture depth fall below that intended, the finishing procedures shall be revised to produce the desired texture. 15. When the plans require that an asphaltic seal, with or without overlay, on the slab (new construction), on prestressed concrete box beams or other precast elements,the slab or top surface of shear key and diafram concrete shall be given a lightly textured broom finish having an average texture depth of approximately 0.025 inches when tested in accordance with TXDOT Test Method Tex-436-A. 16. Straightedge requirements will be required on slabs (new construction) to be overlaid. 17. After the concrete slab has attained final set, the Engineer may require that the finished surface be tested with a standard 10-foot straightedge. The straightedge shall be used parallel to the centerline of the structure to bridge any depressions and tough high spots. Ordinates of the irregularities, measured from the face of the straightedge to the surface of the slab, should normally not exceed 1/8 of an inch, making proper allowances for camber, vertical curve and surface texture; however, occasional variations exceeding this will be acceptable if, in the opinion of the Engineer,the variations will not produce unacceptable riding qualities. 18. When directed by the Engineer, irregularities exceeding the above shall be corrected. Areas which are corrected to produce satisfactory riding qualities shall be provided with an acceptable surface texture in a manner approved by the Engineer. R. Curing Concrete. 1. The Contractor shall inform the Engineer of the methods proposed for curing; shall provide the proper equipment and material in adequate amounts; and shall have the proposed methods,equipment and material approved prior to placing concrete. 2. Unless otherwise noted herein or shown on the plans, the choice of curing methods shall be at the option of the Contractor, except that the Engineer may require the same curing methods for like portions of a single structure. 3. Inadequate curing and/or facilities shall be cause for the Engineer to delay all concrete placement on the job until remedial action is taken. 4. All concrete shall be cured for a period of four (4) curing days except as noted herein. B2001 - 20/27 01/17/2011 TABLE 2 EXCEPTIONS TO 4-DAY CURING Description Type of Cement Required Curing Days Upper surfaces of bridge slabs. top slab of direct traffic culverts, I or III 8 and concrete overlays II or I/111* 10 All types with fly ash 10 Concrete Piling Build-ups All 6 "Meets the requirements of both Type I and Type IL. 5. When the air temperature is expected to drop below 40° F, the concrete shall be covered with polyethylene sheeting, burlap-polyethylene blankets, mats or other acceptable materials to provide the protection required by Article 3.02.J. A curing day is defined as a calendar day when the temperature, taken in the shade away from artificial heat, is above 50° F for at least 10 hours, or on colder days if satisfactory provisions are made to maintain the temperature of all surfaces of the concrete above 40° F for the entire 24 hours. The required curing period shall begin when all concrete therein has attained its initial set. The following methods are permitted for curing concrete subject to the requirements of Table 3 and the following additional requirements for each method of curing: a. Form Curing: When forms are left in contact with the concrete, other curing methods will not be required except for exposed surfaces and for cold weather protection. b. Water Curing. All exposed surfaces of the concrete shall be kept wet continuously for the required curing time. The water used for curing shall meet the requirements for concrete mixing water as specified in TXDOT Item 421, "Portland Cement Concrete". Sea water will not be permitted. Water which stains or leaves an unsightly residue shall not be used. 1) Wet Mat Curing. This curing method shall consist of keeping the concrete continuously wet by maintaining wet cotton mats in direct contact with the concrete for the required curing time. Damp burlap blankets made from nine (9) ounce stock may be placed on the damp concrete surface for temporary protection prior to the application of cotton mats. The cotton mats may then be placed dry and wetted down immediately after they are placed. The mats shall be weighted down adequately to provide continuous contact with all concrete where possible. B2001 - 21/27 01/17/2011 Surfaces which cannot be cured by direct contact shall be covered with mats forming an enclosure well anchored to the forms or ground so that outside air cannot enter the enclosure. Sufficient moisture shall be provided inside the enclosure to keep all surfaces of the concrete wet. Wet mat curing will be required for Part A in Table 3 when the anticipated ambient temperature is expected to remain above 40 F for the first 72 hours of the curing period. Polyethylene sheeting, burlap-polyethylene blankets, laminated mats or insulating curing mats placed in direct contact with the slab will be required when the air temperature is expected to drop below 40 F during the first 72 hours of the curing period. These curing materials shall be weighted down with dry mats to maintain direct contact with the concrete and to provide insulation against cold weather. Supplemental heating or insulation may be required in cold and/or wet weather if the insulating cotton mats become wet or if the concrete drops below the specified curing temperature. 2) Water Spray. This curing method shall consist of overlapping sprays or sprinklers that keep all unformed surfaces continuously wet. 3) Ponding. This curing method requires the covering of the surfaces with a minimum of two (2) inches of clean granular material, kept wet at all times, or a minimum of one (1) inch depth of water. Satisfactory provisions shall be made to provide a dam to retain the water or saturated granular material. c. Membrane Curing. Unless otherwise provided herein or shown on the plans, either Type 1-D or Type 2 membrane curing compound may be used where membrane curing is permitted except that Type 1-D (Resin Base Only) will be required for bridge slabs and top slabs of direct traffic culverts and all other surfaces which may require a higher grade of surface finish. 132001 - 22/27 t a 01/17/2011 TABLE 3 CURING REQUIREMENTS REQUIRED PERMITTED STRUCTURE UNIT Water for Membrane Water for Membrane for DESCRIPTION Complete for Interim Complete Complete Curing Curing Curing Curing A. Upper surfaces of Bridge X X Roadway, Median and Sidewalk (Resin slabs,Top Slabs of Direct Traffic Base) Culverts. B. Top Surface of any Concrete X Unit upon which Concrete is to be placed and bonded at a later interval(Stub Walls, Risers,etc.). Other Super structure Concrete (Curbs Wingwalls, Parapet Walls, etc.). C. All Substance Concrete, *X *X Culverts,Box Sewers,Inlets, Manholes, Retaining Walls, Riprap,Railing All other concrete As specified in other items. *Polyethylene Sheeting, Burlap-Polyethylene Mats or Laminated Mats in close intimate contact with the concrete surfaces will be considered equivalent to water or membrane curing. For substructure concrete only one (1) type of curing compound will be permitted on any one (1) structure. Material requirements and construction methods shall be as required by TXDOT Item 526, "Membrane Curing", except as changed herein. Membrane curing shall not be applied to dry surfaces, but shall be applied just after free moisture has disappeared. Formed surfaces and surfaces which have been given a first rub shall be dampened and shall be moist at the time of application of the membrane. When membrane is used for complete curing, the film shall remain unbroken for the minimum curing period specified. Membrane which is damaged shall be corrected immediately by reapplication of membrane. Unless otherwise noted herein or shown on the-plans, the choice of membrane type shall be at the option of the Contractor. B2001 - 23/27 01/17/2011 S. Removal of Forms and Falsework. 1. Except as herein provided, forms for vertical surfaces may be removed when the concrete has aged not less than 12 hours, provided the removal can be done without damage to the concrete. 2. Forms for inside curb faces be removed at such time the removal can be done without damage to the curb. 3. Weight supporting forms and falsework for all bridge components and culvert slabs, except as noted herein, shall remain in place a minimum of four (4) curing days. The forms then may be removed if the concrete has attained a flexural strength of 425 psi, as evidenced by strength tests using test beams made from the same concrete and cured under the same conditions as the portion of the structure involved. Forms for other structural components may be removed as specified by the Engineer. 4. Inside forms (walls and top slabs)for box culverts and sewers may be removed after concrete has aged not less than one (1) day (24 hrs.) and has acquired a flexural strength of not less than 225 psi,provided an overhead support system, approved by the Engineer, is used to transfer the weight of the top slab to the walls of the box culvert or sewer before the support provided by the forms is removed. 5. When all test beams made for the purpose of form removal have been broken without attaining the required strength, forms shall remain in place for a total of 14 curing days. 6. The above provisions relative to form removal shall apply only to forms or parts thereof which are constructed to permit removal without disturbing forms or falsework required to be left in place for a longer period on other portions of the structure. 7. All forms and falsework shall be removed unless otherwise approved by the Engineer. T. Defective Work. Any defective work shall be repaired as soon as possible. Any defect which in the opinion of the Engineer cannot be repaired satisfactorily to the extent required by the Engineer shall be removed and replaced at the expense of the Contractor. U. Finishing Exposed Surfaces. A Surface Finish shall be applied to all concrete surfaces and shall be in accordance with TXDOT Item 427, "Surface Finishes for Concrete". 3.03 MEASUREMENT A. The quantities of concrete of the various classifications which will constitute the completed and accepted structure or structures in place will be measured by the cubic yard, each, square foot, square yard, or linear foot as shown on the-plans or as each is shown in the bid proposal. Measurement will be as follows: 1. General. a. All concrete quantities will be based on the dimensions shown on the plans or those established in writing by the Engineer. Diafram concrete,when required, will be included in the slab measurement. b. In determining quantities, no deductions will be made for chamfers less than two (2) inches, embedded portions of structural steel or prestressed concrete B2001 - 24/27 01/17/2011 TABLE 4 PLAN QUANTITY PAYMENT (Cubic Yard Measurement Only) Culverts and Wingwalls Slabs on Steel Spans Headwalls for pipe Slabs on Prestressed Spans Retaining Walls Pan Girder Spans Inlets and Manholes Pile Bent Caps Slab Spans Shear Key Concrete Slab and Girder Spans Abutments Note: Other structure elements may be paid for as "plan quantity", including pier and bent concrete,when shown on the plans. For those portions of structures not listed in Table 4, the concrete quantities, measured as provided in Subarticle 3.03.A.(1) will be paid for at the unit price bid per "Cubic Yard", per "Each", per "Square Foot", per "Square Yard", or per "Linear Foot", in place, for the various classifications of concrete shown. 3.04 PAYMENT A. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the Lump Sum price bid for the various structure elements specified of the various classes of concrete. This price shall be full compensation for furnishing, hauling and mixing all concrete materials; for furnishing, bending, fabrication, splicing, welding and placing the required reinforcement; for all clips, blocks, metal spacers, ties, wire or other materials used for fastening reinforcement in place; for placing, finishing and curing all concrete; for all grouting and pointing; for furnishing and placing drains; for furnishing and placing metal flashing strips; for furnishing and placing expansion joint material required by this Item; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. B. Concrete which fails to meet minimum strength requirements may be rejected or a structural review may be made by the Engineer. Such concrete which is proven structurally adequate may be accepted at an adjusted price based on the following formula: B2001 - 26/27 01/17/2011 beams, piling, anchor bolts, reinforcing steel, drains, weep holes, junction boxes, electrical or telephone conduit, conduit and/or voids for prestressed tendons or for embedded portions of light fixtures. c. For pan girder spans, a quantity will be included for the screed setting required to provide proper camber in the roadway surface after form removal. d. For slabs on steel and prestressed beams, a quantity for the haunch between the slab and beams will be included when required. No measurement will be made during construction for variation in the amount of haunch concrete due to deviation from design camber in the beams. e. For slabs on panels, T-beams, or box beams, the combination of span length, theoretical camber in beams, computed deflections, and planvertical curve will be taken into account in determining the quantity for the slab. f. Additional concrete which may be required by an adjustment of the profile grade line during construction, to insure proper slab thickness, will not be measured for payment. g. Variation in concrete headwall quantity incurred when an alternate bid for pipe is permitted will not be measured for payment. h. Quantities revised by a change in design, measured as specified herein, will be increased or decreased, as the case may be,and included for payment. 2. Plan Quantity. a. For structure elements designated in Table 4, and when measured by the cubic yard, this is a plans quantity measurement Item and the quantity to be paid for will be that quantity shown in the proposal. If no adjustment of quantities is required, additional measurements or calculations will not be required. b. When the quantity for a complete structure element has been erroneously included or omitted from the plans, the quantity shown on the plans for that element will be added to or deducted from the plan quantity and included for payment. A complete structure element will be the smallest portion of a total structure for which a quantity is included on the plans. c. When the plan quantity for a complete structure element is in error by five (5) percent or more, a recalculation will be made and the corrected quantity included for payment. 3. Measured in Place. a. For those Items not measured for plan quantity payment, measurement will be made in place. B2001 - 25/27 01/17/2011 A = .10Bp+.75(Sa/Ss)2 Bp A = Amount to be paid per unit of measure Sa = Actual strength from beams or cores. Ss = Minimum required strength(specified) Bp = Unit bid price B2001 - 27/27 I ! Std. 3/31/15 ITEM NO. B3002 — METALLIC-COATED STEEL CHAIN LINK FENCE & FABRIC PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: This item gives the nomenclature, definition, and general requirements for metallic-coated steel chain fence fabric and framework for industrial usage, as covered by ASTM. See page 4 of applicable documents. 1.02 DESCRIPTION OF TERMS A. Chain Link Fence Fabric: A fencing material from steel wire helically wound and interwoven in such a manner as to provide a continuous mesh without knots or ties except in the form of knuckling or of twisting the ends of the wires to form the selvage of the fabric. B. Knuckling: This term is used to describe the type of selvage obtained by interlocking adjacent pairs of wire ends and then bending the wire ends back into a closed loop. C. Twisting: This term is used to describe the type of selvage obtained by twisting adjacent pairs of wire ends together in a closed helix of 1-1/2 machine turns, which is equivalent to three full twists, and cuffing the wire ends at a sharp angle to provide sharp points. The wire ends beyond the twist shall be at least '/4 inch long. D. Diamond Count: A term used to designate the number of mesh opening in each height of fabric. 1.03 SUBMITTALS Submit the following in accordance with Contract Documents: A. Product data for all materials used. B. Shop drawings showing sizes, fabrication, anchorage, finishes, and other pertinent data. 1.04 PRODUCT DELIVERY, STORAGE,AND HANDLING A. Deliver fabric, posts, gates, and accessories to job site with sufficient protection, bracing, etc. to ensure arrival in undamaged condition. B3002- 1/8 B. Store in original bundles on level supports and protect to prevent damage until erected. PART 2 - PRODUCTS 2.01 MATERIALS A. Fence and Fabric 1. Base Metal: The base metal of the fabric shall be a good commercial quality of steel wire of the gages specified in Table 1. 2. Zinc Coating: The zinc coating on the fabric may be ordered in two coating weight classes; as Class 1 —the weight of zinc coating shall not be less than 1.2 oz/ft2 of uncoated wire surface; or Class 2 -the weight of zinc coating shall not be less than 2 oz/ftof uncoated wire surface as determined from the average of results of two or more specimens, and not less than 1.8 oz/ftof uncoated wire surface for any individual specimen. The zinc used for the coating shall conform to the grades specified in ASTM Designation B6, Standard Specification for Slab Zinc. 3. Aluminum Coating: The wire shall be aluminum coated by the hot-dip process before weaving into the fabric. The weight of aluminum coating for 6 ga. (0.192") and 9 ga. (0.148") shall not be less than 0.40 oz.per sq. ft. and for 11 ga. (0.120") shall not be less than 0.35 oz. per sq. ft. of uncoated wire surface when tested. 4. Aluminum Alloy: ASTM F1183, - Chain link fabric woven from aluminum alloy, 9 gauge(0.148")or 6 gauge. (0.192"),wire. 5. Other Materials: Refer to ASTM A817 for other metallic-coated carbon steel wire used in the manufacture of chain-link fence fabric. B. Fabric Sizes: The height, diamond count, size of mesh, and wire diameters of chain link fabric shall be as given in Table 1. The methods of measurement and tolerances are given in 2.01 B.1., 2. and 3. 1. Height of Fabric: The height of the fabric shall be the overall dimension from ends of twists or knuckles. The tolerance of the nominal height shall be plus or minus one inch. 2. Mesh Sizes: The size of the mesh shall conform to the requirements as shown in Table 1. The permissible variation from the specified size of mesh shall be +/- 1/8 in. for all mesh sizes over 1 in. and +/- 1/16 in. for all mesh sizes 1 in. and under. B3002-2/8 3. Wire Diameter: The diameter of the coated wire shall be determined as the average of two readings measured to the nearest 0.001 inch taken at right angles to each other on the straight portion of the parallel sides of the mesh. The tolerance in the diameter of the coated wire shall be+/- 0.005 inch. Table 1. Fabric Selection Table Mesh Size 6 Gauge 9 gauge 11 gauge 11 1/2 gauge 12 gauge Notes In. I(mm) 0.192 in. 0.148 in. 0.120 in. 0.113 in. 0.105 in. 4.88 mm 3.76 mm 3.05 mm 2.87 mm 2.67 mm N/A Not applicable for 2 1 50 yes yes yes N/A N/A industrical/commercial 13/4 44 N/M yes yes N/A N/A applications 1 25 N/M N/M yes N/A N/A N/M=Not manufactured 5/8 16 N/M N/M yes yes yes* *12 ga. Only per F668 1/2 13 N/M N/M yes yes yes* 3/8 10 N/M N/M yes yes yes* 2170 Ibf 1290 lbf 850 lbf 750 Ibf 650 lbf Wire Break Strength (9650 N) (5740 N) (3780 N) (3340 N) (2895 N) C. Selvage: Fabric with 2 inch or 2-1/8 inch mesh, in heights less than 72 inches shall be knuckled at both selvages. Fabric 72 inches high and over shall be knuckled at one selvage and twisted at the other. These are the standard selvages. Other selvage combinations will be supplied only if specified by the purchaser. Caution: Twisted selvages for fences under 72 inches in height are not recommended because of consumer safety considerations. The selvages of fabrics with meshes of less than 2 inch shall be knuckled on both edges. D. Workmanship: Chain link fence fabric shall be produced by methods recognized as good commercial practice. The metallic coating shall be applied in a continuous process and shall not be applied to the fabric in roll form. Excessive roughness, blisters, frozen joints, bruises and flaking shall be noted. These and other obvious defects, if present to any considerable extent, may provide a basis for fabric rejection. 2.02 INDUSTRIAL STEEL GUIDE FOR FENCE RAILS, POSTS, GATES AND ACCESSORIES A. Materials: Posts, gate frames, braces, rails, stretcher bars, truss rods and tension wire shall be of steel. Gate hinges, post caps, barbed wire supporting-arms, stretcher bar bands, and other parts shall be of steel, malleable iron, ductile iron or equal except that post tops, rail ends, ties and clips may be of aluminum. 1. Intermediate post shall be Type I or Type II round pipe or"C"roll formed section conforming to the dimensions and weight shown on Table 4. B3002 - 3/8 , , ` t I a. Type I round post shall be hot dipped galvanized produced to conform with ASTM F-1083 standard weight(Schedule 40). b. Type II round post shall be steel pipe cold-formed and welded, per ASTM F669, Group IC,having a minimum yield strength of 50,000 psi. c. Formed Steel "C" Section shall be rolled form steel shapes, produced from ASTM A-570 Grade 45 and ASTM A-572, Grade 45, and shall be fabricated with zinc coating as per ASTM A-123. 2. Terminal posts, braces, rails and gate materials shall be round or square Type I as shown in letter (a) above or round Type II as shown in letter (b) above, and shall conform to dimensions and weights as shown in Table II. Table 2. Typical post and rail size for normal industrial/commercial applications. Item Fence Height Outside F1083 F1043-IC Diameter Schedule 40 WT-40 Inches (mm) lb/ft 1(kg/m) lb/ft 1(kg/m up to 6 ft. (1.8 m) 1.900 1 48.3 2.72! 4.0 2.28; 3.39 Line over6to8ft. (1.8to2.4m) 2.375 60.3 3.65i 5.4 3.12 4.64 Post over8to 12 ft. (2.4to3.7m) 2.8751 73.0 5.791 8.6 4.64 6.91 over 12 to 16 ft. (3.7 to 4.9 m) 4.000� 101 6 9.11 13.6 6.56 9.78 1 up to 6 ft. ! (1.8 m) 2.3751 60.3 3.651 5.4 3.121 4.64 Terminal over 6 to 8 ft. (1.8 to 2.4 m) 2.875 73.0 5.79 8.6 4.64 6.91 Post over 8 to 12 ft. (2.4 to 3.7 m) 4.000 101.6 9.111 _ 13.6 6.561 9.78 over 12 to 16 ft. (3.7 to 4.9 m) 6.625 68.3 18.971 28.2 Not available Rails -- --_ 8.625 219.1 28.581 42.5 Not available 1.6601 42.2 2.271 3.4 1.841 2.74 B. Zinc Coating: All steel and iron parts shall be zinc coated by the hot-dipped method, using zinc Grade E. The weight of zinc coat on Type I rail, post and brace shall have not less than 1.8 oz. per sq. ft. zinc coating, as shown in letter (a) above. Type II steel rails, posts and braces shall have an average weight of not less than 0.90 oz. per sq. ft., as shown in letter (b) above. Zinc weight shall be determined in accordance with ASTM A-90. C. Gates: Gates shall be swing or sliding as required, complete with latches, stops, keepers, hinges, or rollers and roller tracks, and when so required, with provision for three strands of barbed wire above the fabric. Swing gates shall conform to ASTM F- 900. Slide gates shall conform to ASTM F-1184. B3002 -4/8 1 1 • 1. Gate Frames shall be constructed of tubular members welded at all corners or assembled with fittings. On steel, welds shall be painted with zinc-based paint. Where corner fittings are used, gates shall have truss rods of 5/16 inch minimum nominal diameter to prevent sag or twist. Gate leaves shall have a vertical interior bracing at maximum intervals of 8 feet and shall have a horizontal interior member if fabric height is 8 feet or more. When barbed wire top is specified, the end members of the gate frames shall be extended one foot above the top horizontal member to which 3 strands of barbed wire, uniformly spaced, shall be attached by use of bands, clips or hook bolts. Dimensions and weights of gate frames shall be as shown in Table 4. 2. Gate Fabric shall be the same type as used in the fence construction. The fabric shall be attached securely to the gate frame at intervals not exceeding 15 inches. 3. Gate Hinges shall be of adequate strength for gate, and with large bearing surfaces for clamping in position. The hinges shall not twist or turn under the action of the gate. The gates shall be capable of being opened and closed easily by one person. 4. Gates Latches, Stops and Keepers shall be provided for all gates. Latches shall have a plunger-bar arranged to engage the center stop, except that for single gates of openings less than 10 feet wide a forked latch may be provided. Latches shall be arranged for locking. Center stops shall consist of a device arranged to be set in concrete and to engage a plunger bar of the latch of double gates. No stop is required for single gates. Keepers shall consist of a mechanical device for securing the free end of the gate when in the full open position. D. Post Braces: shall be provided for each gate, corner, pull, and end post for use when top rail is omitted or with fabric 6 feet or more in height, and shall consist of a round tabular brace extending to each adjacent line post at approximately mid-height of the fabric, and a truss consisting of a rod not less than 5/16 inch nominal diameter from the line post back to the gate, corner,pull, or end post, with a turnbuckle or other equivalent provision for adjustment. Truss rods may be eliminated in any line of fence where there is continuous center rail. B3002 - 5/8 Table 3. Gateposts: Schedule 40 pipe in compliance with ASTM F1083 Gate fabric height up to and including 6ft. (1.2m) Gate leaf width Post Outside Diameter Weight up to 4_ft. (1.2 m) 2.375 in. 1(60.3 mm) 3.651b/ft (5.4 kg/m) over 4ft.to 10 ft. j (1.2 to 3.05 m) 2.875 in. (73.0mm) 5.79 lb/ft (8.6 kg/m) over 10 ft.to 18 ft. I (3.05to5.5m) 4.000 in ((101.6 mm) 9.11 lb/ft (13.6 kg/m) Gate Fabric height over 6 ft.to 12 ft.(1.2 to 2.4 m) Gate leaf width up to 6 ft. (1.8 m) 2.875 in. (73.0 mm) 5.70lb/ft. (8.6 kg/m) over 6ft.to 12 ft. (1.8to3.7m) 4.000 in. (101.6mm) 9.11lb/ft. (13.6 kg/m) over 12 ft. to 18 ft. (2.4 to 5.5 m) 6.625 in. (168.3 mm) 18.97 lb/ft. (28.2 kg/m) over 18 ft.to 24ft.j (5.5 to 7.3 m) 8.625 in (219.1 mm) 28.58 lb/ft. (42.5 kg/m) E. Post Tops: shall consist of ornamental tops or combination tops with barbed wire supporting arms, as required. When so required, or when a top rail is to be provided, the top shall be provided with a hole suitable for the through passage of the top rail. The post tops shall fit over the outside of posts and shall exclude moisture from posts. F. Barbed Wire Supporting Arms,when required to be furnished, shall be at an angle of approximately 45 degrees or vertical, as required, and shall be fitted with clips or other means for attaching three strands of barbed wire. With 45 degrees arms,the top wire shall be approximately twelve inches horizontally from the fence line and the other wires spaced uniformly between the top of the fence fabric and the outside strand. Barbed wire arm shall be of sufficient strength to withstand a weight of 250 pounds applied at the outer strand of barbed wire. Six line barbed wire "V" arm may be used, if desired. G. Top Rails: shall be lengths not less than 18 feet, and shall be fitted with couplings or swedged for connecting the lengths into a continuous run. The couplings shall be not less than 6 inches long, with 0.070 minimum wall thickness, and shall.allow for expansion and contraction of the rail. Open seam outside sleeves shall be permitted only with a minimum wall thickness of 0.100 inches. Suitable ties or clips shall be provided in sufficient number for attaching the fabric securely to the top rail at intervals not exceeding 24". Means shall be provided for attaching the top rail to each gate, corner, pull and end post. Tension wire is required at top of fence if top rail is omitted. See paragraph K. B3002- 6/8 • H. Tension Bars: shall not be less than 3/16 by 3/4 inch and not less than 2 inches shorter than the normal height of the fabric with which they are to be used. One tension bar shall be provided for each end and gate post, and two for each corner and • pull post. Ties of Clips: of adequate strength shall be provided in sufficient number for attaching the fabric to all line posts at intervals not exceeding 15 inches; and not exceeding 24 inches when attaching fabric to top rail or tension wire. J. Bands or Clips: of galvanized steel or aluminum alloy per ASTM F-626 shall be provided in sufficient number for attaching the fabric and stretcher bars to all terminal posts at intervals not exceeding 15 inches. Tension bands shall be formed from flat or beveled steel and shall have a minimum thickness after galvanized of 0.078 inch; and minimum width of 3/4 inch for posts 4" O.D. or less; and 0.108 inch thickness by 7/8 inch for posts larger than 4" O.D. Brace bands shall be formed from flat or beveled steel and shall have a minimum thickness of 0.108 inch after galvanizing; and minimum width of 3/4 inch for post 4" O.D. Standard mill tolerances of+/- 0.005 inch on thickness and 0.010 inch on width shall apply—attachment bolts shall be 5/16 X 1- 1/4 inch galvanized carriage bolts with nuts. K. Tension Wire: shall be Marcelled (spiraled or crimped) #7 gage (0.177 inches) plus or minus 0.005 inches in diameter, conforming to ASTM A-824. 1. Tension wire coating shall conform to ASTM A-824 type I, Aluminum-coated, 0.40 oz./ft. 2 or Type II, 2 inch coated Class 2, 1.2 oz./ft. 2. L. Barbed Wire: shall consist of two strands of twisted wire with 4 point barbs on 5 inch spacing. The following listed barbed wires are recommended for use with chain link fencing: Table 4 – Barbed Wire Recommendations Line Line Wire Barb Barb Wire Gage Coating Weight Gage Coating Weight 12 .80 oz ZN/Ft. Sq. 14 .65 oz ZN/Ft. Sq. 12 % oz AUFt. 14 Aluminum Alloy, or aluminum coated .30 oz AUFt. Sq. 12 % Aluminum Alloy 14 Aluminum Alloy B3002 - 7/8 TABLE 5-DIMENSIONS AND WEIGHTS Outside Diameter Nominal Weight Per Foot Use and Section Tolerance±10% Nominal,Inches Type I Type II End Corner and pull posts fabric height 6'0"and less:round 2.375 3.65 3.12 square 2.00 2.60 Over 6'0":round 2.875 5.79 4.64 square 2.50 5.10 Gate posts for nominal width of gate, single or one leaf of double gate width 6'0"or less:round 2.875 5.79 4.64 square 2.50 5.10 Over 6'0"to 13'0":round 4.00 9.10 6.56 Over 13'0"to 18'0":round 6.625 18.97 Over 18'0":round 8.625 24.70 Gate Frames 6'0"or less in height--- 8'0"or less in width:round 1.660 2.27 1.83 square 1.50 1.90 Gate Frames 6'0"or less in height-- over 8'0"In width:round 1.90 2.72 2.28 square 2.00 2.60 Rails and post braces 1.66 2.27 1.83 Nominal Weight Per Foot Intermediate Posts For Fabric Type 1 Type II C Sections Heights ±10% ±10% ±5% 6'0"and less tubular 1.90 2.72 2.28 C Section 1.875 x 1.625 2.28 Over 6'0"tubular 2.375 3.65 3.12 C Section 2.25 x 1.70 2.64 Note: Fencing utilizing fabric mesh sizes smaller than 1"and wind screen fencing are subject to wind and ice loads and should be designed to accommodate these additional forces. Zinc barbed wire shall conform to ASTM A-121, Chain link fence grade. Aluminum- coated barbed wire shall conform to ASTM A-585, Type I, 5" barb spacing or Type II, 3" barb spacing. B3002 - 8/8 • PART 3 —EXECUTION 3.01 INSTALLATION Installation of fencing shall meet the requirements of ASTM Designation F-567, to the lines, grades, and locations shown on PLANS. 3.02 PAYMENT Measurement and Payment: Work as prescribed for and in this Item to be paid for on a lump sum basis. END OF ITEM B3002 B3002 - 9/8 10/13/2005 ITEM NO. J2001 - CONSTRUCTION OF UNDERGROUND LINES PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish all plant, labor, equipment, supplies, supervision and tools, and perform all operations required for construction of underground lines. B. Related Work Specified Elsewhere: Item J2002 "Well Point System", Item J2003 "Hydrostatic Testing of pressure Lines", Item J3003 "Timber Ordered Left in Trench", Item J3006 "Cement-Stabilized Sand Backfill, Item J3024 "Bank Sand Backfill", and Item J3045 "Trench Excavation and Shoring Safety Plan." 1.02 QUALITY ASSURANCE A. Field Observation: Pipe installed in the permanent work to be placed in the presence of Engineer or his authorized representative. B. Testing of Gravity Sanitary Sewer Line: Leak tests of gravity sewer lines to be per Item J2005 "Low Pressure Air Test-Sanitary Sewer Lines." C. Testing of Pressure Lines: To be tested per Item J2003, "Hydrostatic Testing of Pressures Lines." 1.03 METHODS OF CONSTRUCTION A. Control of Work: Contractor shall be responsible for the control of his work. Engineer reserves the right to verify this control. Contractor may use laser equipment for control. B. For Lines Laid on Grade: Lay and maintain pipe to required lines and grades with specials at required locations, and with joints centered and spigots "home." Lay all lines on grade from downstream to upstream or as directed by Engineer. C. For Lines not Laid to Grade: Lay and maintain pipe and fittings to alignment shown on PLANS. Minimum cover(measured from top of pipe) at street intersection, 5 feet; minimum cover below flow line of drainage ditches, 1 foot 6 inches; minimum cover at other locations, 3 feet 6 inches. Vary depth uniformly to maintain required clearances and depths shown on PLANS. J2001 - 1/7 • i 10/13/2005 PART 2 -EXECUTION 2.01 EXCAVATION AND TRENCH PREPARATION A. General: Excavate trench to alignment and depth required. Brace trench and drain as required so work may be accomplished safely and efficiently. All excavations shall be in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." B. Width of Trench for Pipe Less than 30-inch: Minimum width of outside barrel of pipe plus 12 inches, maximum width of outside barrel of pipe plus 18 inches. For pipes 30- inch and larger, minimum width of outside barrel of pipe plus 24 inches. Excavate and maintain sides of trench vertical for 2 feet above pipe. Above this level,trench may be gently sloped back. Protect existing pavements or utilities as necessary. C. Pipe Foundation: For ordinary bedding, excavate pipe trench to even grade and shape to closely fit lower part of pipe exterior for width of at least 50 percent of pipe breadth to provide uniform bearing for entire length of pipe and provide depressions for bell ends of each pipe. Excavate to grade required for shell, aggregate, or other special bedding. D. Correcting Faulty Grade: Correct any portion of trench excavated below grade with approved material. E. Bell Holes: Provide bell holes of ample dimensions to permit proper jointing. F. Braced and Sheeted Trenches: Sheet and brace all excavations in excess of 5 feet depth to prevent caving. Increase trench width as required and leave sheeting in place until pipe has been laid and backfill compacted to depth of 2 feet over pipe. Sheet and brace in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." G. Care of Surface Material for Reuse: Keep surface material approved for reuse separate from general excavation material. H. Manner Stockpiling Excavated Material: Stockpile excavated material so as not to endanger work or cause interference with public street and driveways. Keep drainage channel clear or provide other satisfactory means of drainage. I. Open Trench: Engineer may limit amount of trench opened or partially open at any time in advance of completed pipe laying operation, and amount of trench left unfilled. Open not more than 100 feet of trench on any street at one time. Keep streets open where possible. J. Disposition of Defective Materials: Remove rejected backfill materials from excavation operations and dispose of off job site at Contractor's expense. J2001 - 2/7 r � 10/13/2005 K. When requested by Contractor and approved by the Engineer to dewater sewer trench because of groundwater conditions, install, operate, and maintain adequate well point systems in accordance with Item J2002 "Well Point Systems." 2.02 PIPE HANDLING A. Handling and Storage: Unload pipe, fittings,and other accessories at point of delivery: haul to and distribute at site of project. Load and unload materials by use of hoists, skids, or other approved means to avoid damage. Distribute for convenient laying and to cause minimum inconvenience to public. B. Inspection: Before lowering and while suspended, inspect pipe for defects. Inspect rigid pipe tapping with light hammer to detect cracks. C. Pipe Kept Clean: Remove foreign matter from pipe and keep clean by approved means during and after laying. 2.03 PIPE LAYING A. Unsuitable Conditions for Laying Pipe: Lay no pipe in water or when trench condition or weather is unsuitable for such work unless specifically approved by Engineer. B. Nonpressure Concrete and Vitrified Clay Pipe: Nonpressure concrete and vitrified clay pipe shall be installed with Class "A" beddings shown in this item. Lay pipe with ends abutting and true to line and grade. Fit and lay pipe to form smooth and uniform invert. Clean sockets prior to lowering into trench. Commence laying of pipe at lowest point so that spigot ends point in direction of flow. C. Ductile Iron Pipe: Lay ductile iron pipe using either "Ordinary" bedding Class "A" bedding where specified on PLANS and described in this item, with bell ends facing direction of laying. D. PVC and ABS Piping: 1. Sanitary Sewer Construction - PVC and ABS pipe shall be installed using Class "C"Bedding as shown in this item. 2. Waterline Construction - PVC pipe shall be installed using Class "B" Bedding as shown in this item. E. Other Pipe: Lay other types of pipe in accordance with applicable provisions of this or other TECHNICAL SPECIFICATIONS. J2001 - 3/7 10/13/2005 F. Cutting Pipe: Cut cast or ductile iron pipe with wheel-type cutters or cold chisel. Flame cutting of cast iron pipe not allowed. Make cuts in a neat and workmanlike manner without damage to pipe and so as to leave a smooth end at right angles to axis of pipe. Field cutting of PVC and A.B.S. type resin pipe to be per pipe manufacturer's recommendations. G. Temporary Plug: When pipe laying operation is halted, seal open end of pipe with temporary plug. Plug to remain in place until pipe laying operation commences again. 2.04 PLUGGING DEAD ENDS Insert standard plug into bells of all dead ends of pipe. 2.05 CONCRETE BLOCKING Thrust blocking to be used for pressure pipelines at bends, tees, points where reducers or changes in pipe diameter occurs, fire hydrants or flushing valves, and all plugged openings. Use Class "C" concrete having compressive strength not less than 1,500 pounds per square inch. Place blocking against solid ground, with area of bearing of pipe and on ground in each instance as required. Place blocking so that pipe and fitting joints will be accessible for repair. For gravity pipelines, use Class "C" concrete minimum of 6 inches on all sides of pipe for encasing, embedding, or blocking where indicated. Use all materials, including aggregate, cement, and water, and mix and place concrete in accordance with applicable concrete item. 2.06 BACKFILLING A. Time of Backfilling: As soon as practicable after completion of laying and jointing pipe, backfill trench. Trench to be completely backfilled to a point not more than 100 feet behind pipe laying operation. B. Materials: Trenches to be backfilled with select material from the sewer trench excavation, or obtained from other sources, free from stones which will interfere with compaction and free of large lumps which will not break down readily under compaction. Do not use material excavated in large lumps or which cannot be easily broken down or which cannot be spread in loose layers. Materials excavated by trenching machine will generally be suitable for use as backfill. 1. Bank sand backfill, where designated on PLANS, to be in accordance with Item J3024"Bank Sand Backfill." 2. Cement-stabilized sand, where designated on PLANS, to be in accordance with Item J3006 "Cement-Stabilized Sand Backfill." J2001 - 4/7 10/13/2005 C. Backfill Procedure at Pipe Zone: In pipe zone, when designated on PLANS, use bank sand, cement stabilized sand or select backfill material, free from rocks and rock fragments, and deposit in trench simultaneously on both sides of pipe for full width of trench and to elevation of 12 inches above the top of barrel of pipe. Moisten if necessary, tamp in thin (approximately 4-inch) layers, and thoroughly compact under and on each side of pipe to provide solid backing against external surface of pipe. Walking or working on completed pipeline, except as necessary in tamping or backfilling, not permitted until trench has been backfilled at least 12 inches over top of pipe. Backfill to be compacted to 95 percent in accordance with ASTM D698. Approximate optimum moisture content to be maintained during compaction. D. Backfill Procedure Above Pipe Zone: Place backfill above previously defined pipe zone in accordance with following applicable procedure. 1. For trench through or within 5 feet of existing, proposed or future asphaltic concrete, concrete, asphalt-topped concrete, flexible base with asphalt topping, shell or gravel surfaces either public or private roads, streets or driveways, place cement-stabilized sand backfill above pipe zone in approximate 12 inch layers. Thoroughly compact each 12" layer with a vibratory compactor or roller prior to placing additional layers of cement stabilized said. Bring compacted backfill up to bottom of pavement subgrade 2. For trench located in areas other than those previously stated, and not designated for improvement, place select backfill above pipe zone in 6 to 8 inch layers at near or optimum moisture and thoroughly compact to a density of 90 percent of the maximum in accordance with ASTM D698. E. Rock and Rock Fragment Exclusion: Allow no rock or rock fragment in backfill for at least one foot above top of pipe and allow no stone larger than 8 inches in its greatest dimension in backfill. F. Deficiency of Backfill: Supply any deficiency in quantity of materials for backfilling trenches or for filling depressions caused by settlement. 2.07 RESTORATION OF SURFACES Replace or repair sidewalks, driveway culverts, inlets, curbing, gutters, shrubbery, trees, fences, sod, and other like obstructions removed or disturbed, to condition equivalent to that existing prior to commencement of this work. Use concrete having compressive strength in 28 days of not less than 3,000 pounds per square inch in the replacement of curbing, gutters, inlets, and sidewalk. Use reasonable care in removal and replacement of shrubbery and trees designated to be replaced at original locations. Where at all possible, ditch alignment will be such as to minimize this work. Where tree or shrub deemed sufficiently valuable to save is encountered in excavation, ball in burlap, set aside in wet sand or puddling pit and later reset as required. Contractor not J2001 - 5/7 10/13/2005 held responsible for subsequent care of plant. Restoration of asphalt-topped flexible base and concrete streets as specified under other items of TECHNICAL SPECIFICATIONS or PLANS. 2.08 CLEAN-UP Remove from site of work, and from public and private property, temporary structures, rubbish, and waste materials, including excess excavated materials. Dispose of surplus earth as shown on PLANS. Complete cleanup not greater than 500 feet behind pipe laying operation. Pipe-laying operation to be suspended temporarily if complete clean up is further behind than 500 feet. 2.09 MEASUREMENT AND PAYMENT A. For Gravity Pipelines: Measure by linear foot from center of manhole to center of manhole to center of manhole, exclusive of pipe installed in tunnel or augered hole construction, special structures, or other special sections, along pipe of size and at depth installed. Measure depth at manholes, at intervals not to exceed 50 feet between manholes, and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center or pipe. Pay for gravity pipelines, furnished, installed, and measured as stated, at Contract Lump Sum prices bid for size and depth measured. B. For Pressure Pipelines: Measure by linear foot from center line of fitting to center line of fitting, exclusive of pipe installed in tunnel construction, special structures, or other special sections, along pipe of size and type installed. If depth of cut is shown on PROPOSAL, measure depth at intervals not to exceed 50 feet and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center of pipe. If depth of cut is not shown on PROPOSAL, no consideration made for depth at which pipe is installed. Pay for pressure pipelines, furnished, installed and measured as stated, at Contract Lump Sum prices bid for size and type (and depth, if shown of PROPOSAL)measured. C. Concrete Blocking: Work as prescribed for and in this Item to be paid for on a lump sum basis. D. Rock Excavation: Work as prescribed for and in this Item to be paid for on a lump sum basis. E. Concrete Curbs, Gutters, and Sidewalks: Measured concrete used in repairing curbs, gutters, and sidewalks by cubic yard in place. Pay for concrete used in repairing curbs, gutters, and sidewalks, measured as stated in Contract Lump Sum prices bid for"Extra Concrete"of class installed. J2001 - 6/7 10/13/2005 F. Street and Driveway Surfacing: As per applicable Item of TECHNICAL SPECIFICATIONS or PLANS. G. Restoration of Other Surfaces: No compensation for restoration of surfaces, other than those specifically shown above. H. Bedding and Backfill: No separate payment for bedding and backfill called for under Paragraph 2.06. I. Cement-Stabilized Sand and Bank Sand Backfill: No separate payment for Cement- stabilized Sand and Bank Sand Backfill called for under Paragraph 2.06. J2001 - 7/7 10/13/2005 ITEM NO. J3006- CEMENT- STABILIZED SAND BACKFILL PART 1 -GENERAL 1.01 DESCRIPTION A. Scope: Furnish all plant, labor, equipment, supervision, and tools for the furnishing and installation of Cement-Stabilized Sand Backfill as shown on PLANS or as indicated in other items of the TECHNICAL SPECIFICATIONS. B. Related Work Specified Elsewhere: Per Item No. J2001 - "Construction of Underground Lines" for compaction requirements for sanitary sewers, storm sewers, and waterlines. PART 2 - PROD1 CTS 20.1 MATER IALS A. Aggregate: Use sand containing deleterious materials not to exceed the following requirements, by weight. Material removed by decantation 5.0% Clay lumps 0.5% Other deleterious substances such as coal, shale, coated grains of soft flaky particles 2.0% Gradation Requirements: Retained on 3/s-inch sieve 0% Retained on '/-inch sieve 0%- 5% Retained on 20-mesh sieve 15%- 50% Retained on 100-mesh sieve 80%- 100% Color test ASTM C40 -Color not darker than standard color. B. Cement: ASTM C150 -Type I. C. Water: Fresh and clean. J3006 - 1/2 11/18/03 PART 3 -EXECUTION 3.01 MIXING Use minimum of 1-1/2 sacks of cement per cubic yard of mixture. Use amount of water required to provide mix suitable for mechanical hand tamping and mix in approved mixer. Stamp tickets at plant with time of loading. Material not in place within one and one-half hours after loading of that has obtained an initial set will be rejected and removed from the site. 3.02 PLACING Place around abutment, wingwalls, structures, inlets, and manholes where indicated only after they have cured at least four days. Place around fiberglass manholes as specified in Item No. J3019 - "Fiberglass Manholes". Place in 4-inch layers and compact each layer with approved power-driven hand tampers. Place in pipe trenches as specified in Item No. J2001 -"Construction of Underground Lines." 3.03 MEASUREMENT AND PAYMENT A. Work as prescribed for and in this Item to be paid for on a lump sum basis. J3006 - 2/2 10/13/2005 ITEM NO. J3024 -BANK SAND BACKFILL PART 1 -GENERAL 1.01 DESCRIPTION Extent of Work. When shown PLANS, furnish and place bank sand backfill in trench excavations above pipe zone as specified in Item No. J2001 - "Construction of Underground Lines", or as required by the Engineer. PART 2 - PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS Materials. Bank sand to be free of organic matter, foreign material and mud balls. Sand to have a minimum Plasticity Index of 7 and with not more than 40 percent passing a No. 200 sieve. PART 3 -EXECUTION 3.01 INSTALLATION Mechanical Tamping. Place bank sand in layers not exceeding 8 inches. Compact with mechanical vibratory tamps to 95 percent of maximum density at approximate optimum moisture content as prescribed by ASTM Designation D698. Water flooding is not permitted. 3.02 MEASUREMENT AND PAYMENT A. Measurement: Work as prescribed for and in this Item to be paid for on a lump sum basis. J3024 - 1/I . APPENDIX "A" SECTION 3 MONTHLY COMPLIANCE REPORT p ev...RAL CA -e�V7�, >tic Texas General Land Office = Community Development Block Grant(CDBG) w tl- Disaster Recovery Program Y �: M • '•r��titH[D�09� NEW HIRES SECTION 3 MONTHTLY COMPLIANCE REPORT Reporting Month: Economic Opportunities for Low and Very Low-Income Persons This form is distributed to the General Contractor(GC)at the Pre-Construction Meeting.GC is also required to provide this form to any subcontractor firms that they anticipate hiring for this project. CONTRACTOR INFORMATION Name of Business: Address of Business: Authorized Representative for this contract: Authorized Signatory: ADDITIONALLY, PLEASE REVIEW AND COMPLY WITH STEPS 1 -3 BELOW: 1. You must sign and date this form for the each applicable reporting month in connection with awarded project and deliver to: 2. When you hire a Section 3 resident in connection with this project,you must also complete this form and submit it to the Section 3 Coordinator identified above. Even if there were no new hires this form must be completed and submitted to the Section 3 Coordinator identified above. ❑ I have not hired any new employees during the reporting Month specified. I have hired Section 3 employess and/or non-Section 3 employees during the reporting month shown here. The following Is a list of the new hires and the trades: New Hire Name Job CategoryiTrade Full-time?Yes or No 1. 2. 3. 4. APPENDIX A a I have taken one or more of the following recruitment steps to hire a Section 3 Resident with the highest training and employment priority ranking.Provide a brief description of actions taken: I have taken steps to find a Section 3 Resident in the applicable targeted areas where the project(s)/assistance will take place. List areas: ❑ Placed signs or posters at prominent places in each of the above listed areas.Photographs were taken to document this action. I have advertised to fill vacancy(ies)at the site(s),where work is taking place,in connection with this project. List advertisements(name publication,e.g.Work in Texas, Houston Chronicle,andlor website(s): ❑ Distributed employment flyers to the administrative office of the local Public Housing Authority. ❑ Provided notice of positions available to the Texas Workforce Commission for potential applicants. Provide copy of notice. ❑ Contacted employment referrals or Youthbuild Program referrals. List contacts: ❑ Contacted with applicable parties to ensure that any HUD Youthbuild programs currently operating in the project(s)area/ assistance will take place. ❑ Kept a log of all applicants and indicate the reasons why Section 3 Residents who applied were not hired. 1=1 Section copies of any employment applications completed by public housing,Section 8 certificate or voucher holders or other Section 3 Residents. [=I representatives a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker representatives with whom our firm has a collective bargaining or other agreement. 3. Verification ❑ I have attached proof of all checked items. Authorized Name and Signature Date/Time Field Text Attested By: APPENDIX A APPENDIX "B" ATTORNEY'S REVIEW CERTIFICATION • ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Date: Print Attorney's Name: 2009 TxCDBG Project Implementation Manual Appendix K Appendix B APPENDIX "C" REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: , 20 MONTH OF: , 20 CITY of PORT ARTHUR, TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR,TEXAS 77641-1089 ATTENTION: Public Works Department Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified(list dates actually lost: do not include days not normally worked such as Saturdays, Sundays,or holidays): Dates Lost: Days Lost( )/ 5 x 7 + Calendar Days Requested Reasons for Request: Contractor By: Approved for extension of calendar da}s. Disapproved. Date: , 20 CITY OF CITY OF PORT ARTHUR, TEXAS BY: City Manager Distribution by City Original: Public Works Department xc: Engineer Contractor CPA Federally Funded APPENDIX "D" COPELAND ACT REGULATIONS Copeland Act Regulations Title 29 LABOR PART 3 — CONTRACTORS AND Subtitle A — Office of the SUBCONTRACTORS ON PUBLIC Secretary of Labor BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. minimum wage provisions of the Davis-Bacon 3.1 Purpose and scope Act and the various statutes dealing with 3.2 Definitions Federally-assisted construction that contain 3.3 Weekly statement with respect to payment similar minimum wage provisions, including of wages those provisions which are not subject to 3.4 Submission of weekly statements and the preservation and inspection of weekly Reorganization Plan No. 14 (e.g., the College payroll records. Housing Act of 1950, the Federal Water 3.5 Payroll deductions permissible without Pollution Control Act, and the Housing Act of application to or approval of the Secretary 1959), and in the enforcement of the overtime of Labor. provisions of the Contract Work Hours 3.6 Payroll deductions permissible with the Standards Act whenever they are applicable to approval of the Secretary of Labor. construction work. The part details the 3.7 Applications for the approval of the obligation of contractors and subcontractors Secretary of Labor relative to the weekly submission of statements 3.8 Action by the Secretary of Labor upon regarding the wages paid on work covered applications. 3.9 Prohibited payroll deductions. thereby; sets forth the circumstances and 3.10 Methods of payment of wages. procedures governing the making of payroll 3.11 Regulations part of contract. deductions from the wages of those employed on such work;and delineates the methods of AUTHORITY: The provisions of this Part 3 payment permissible on such work. issued under R.S. 161,sec.2, 48 Stat. §48; Reorg. Plan No. 14 of 1950, 64 Stat. 1267,5 U.S.C. Section 3.2 Definitions. Appendix;5 U.S.C.301;40 U.S.C. 276c. SOURCE: The provisions of this Part 3 appear As used in the regulations in this part: at 29 F.R. 97, Jan.4, 1964,unless otherwise noted. (a) The terms building or work" generally include construction activity as Section 3.1 Purpose and Scope. distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. This part prescribes "anti-kickback" The terms include, without limitation, buildings, regulations under section 2 of the Act of June structures, and improvements of all types, such 13, 1934, as amended (40 U.S.C. 276c), as bridges, dams, plants, highways, parkways, popularly known as the Copeland Act. This streets, subways, tunnels, sewers, mains, part applies to any contract which is subject to powerlines, pumping stations, railways, Federal wage standards and which is for the airports, terminals, docks, piers,wharves, construction, prosecution, completion, or repair ways, lighthouses, buoys,jetties, breakwaters, of public buildings, public works or buildings or levees, and canals; dredging, shoring, works financed in whole or i n scaffolding, drilling, blasting, excavating, part by loans or grants from the United States. clearing, and landscaping. Unless conducted The part is intended to aid in the enforcement in connection with and at the site of such a of the building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment(whether or not a Federal or State 7-55 4 • agency acquires title to such materials, subsidiary or otherwise, and an officer or agent articles, supplies, or equipment during the of such corporation. course of the manufacture or furnishing, or (g) The term "Federal agency" means owns the materials from which they are the United States, the Di strict of Columbia, and manufactured or furnished) is not a"building" all executive departments, independent or"work"within the meaning of the regulations establishments, administrative agencies, and in this part. instrumentality's of the United States and of (b) The terms "construction," the District of Columbia, including corporations, "prosecution," "completion," or"repair" mean all all or substantially all of the stock of which is types of work done on a particular building or beneficially owned by the U nited States, by the work at the site thereof, including, without District of Columbia, or any of the foregoing limitation, altering, remodeling, painting and departments, establishments, agencies, and decorating, the transporting of materials and instrumentality's. supplies to or from the building or work by the {29 FR 97,Jan.4,1964,as amended at 33 FR 32575,Nov.27, employees of the construction contractor or 1973} construction subcontractor, and the Section 3.3 Weekly statement with manufacturing or furnishing of materials, respect to payment of wages. articles, supplies, or equipment on the site of the building or work, by persons employed at (a) As used in this section, the term the site by the contractor or subcontractor. "employee" shall not apply to persons in (c) The terms "public building" or classifications higher than that of laborer or "public work" include building or work for mechanic and those who are the immediate whose construction, prosecution, completion, supervisors of such employees. or repair, as defined above, a Federal agency (b) Each contractor or subcontractor is a contracting party, regardless of whether engaged in the construction, prosecution, title thereof Is in a Federal agency. completion, or repair of any public building or (d) The term "building or work financed public work, or building or work financed in in whole or in part by loans or grants from the whole or in part by loans or grants from the Unites States" includes building or work for United States, shall furnish each week a whose construction, prosecution, completion, statement with respect to the wages paid each or repair, as defined above, payment or part of its employees engaged on work covered by payment is made directly or indirectly from 29 CFR Parts 3 and 5 during the preceding funds provided by loans or grants by a Federal weekly payroll period. This statement shall be agency. The term includes building or work for executed by the contractor or subcontractor or which the Federal assistance granted is in the by an authorized officer of employee of the form of loan guarantees or insurance. contractor or subcontractor who supervises the (e) Every person paid by a contractor payment of wages, and shall be on form WH or subcontractor in any manner for his labor in 348, "Statement of Compliance," or on an the construction, prosecution, completion, or identical form on the back of WH 347, "Payroll repair of a public building or public work or (For Contractors Optional Use)" or on any form building or work financed in whole or in part by with identical wording. Sample copies of WH loans or grants from the United States is 347 and WH 348 may be obtained from the "employed" and receiving"wages," regardless Government contracting or sponsoring agency, of any contractual relationship alleged to exist and copies of these forms may be purchased between him and the real employer. (f) The term "any affiliated person" at the Government Printing Office. includes a spouse, child, parent, or other close (c) The requirements of this section shall not apply to any contract of$2,000 o r relative of the contractor or subcontractor; a less. partner or officer of the contractor or subcontractor; a corporation closely connected (d) Upon a written finding by the head F with the contractor or subcontractor as parent, of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, 56 7 tolerances, and exemptions from the (a) Any deduction made in compliance requirements of this section subject to such with the requirements of Federal, State, or conditions as the Secretary of Labor may local law, such as Federal or State withholding specify. income taxes and Federal social security {29 F.R.95,Jan.4,1964,as amended at 33 F.R.10186,July taxes. 17,1968} (b) Any deduction of sums previously Section 3.4 Submission of weekly paid to the employee as a bona fide statements and the preservation and prepayment of wages when such prepayment inspection of weekly payroll records. is made without discount or i nterest. A"bona fide prepayment of wages" is considered to (a) Each weekly statement required have been made only when cash or its under§3.3 shall be delivered by the contractor equivalent has been advanced to the person or subcontractor, within seven days after the employed in such manner as to give him regular payment date of the payroll period, to a complete freedom of disposition of the representative of a Federal or State agency in advanced funds. charge at the site of the building or work, or if (c) Any deduction of amounts required there is no representative of a Federal or State by court process to be paid to another, unless, agency at the site of the building or work, the the deduction is in favor of the contractor, statement shall be mailed by the contractor or subcontractor or any affiliated person, or when subcontractor,within such time, to a Federal or collusion or collaboration exists. State agency contracting for or financing the (d) Any deduction constituting a building or work. After such examination and contribution on behalf of the person employed check as may be made, such statement, or a to funds established by the employer or copy thereof, shall be kept available, or shall representatives of employees, or both, for the be transmitted together with a report of any purpose of providing either from principal or violation, in accordance with applicable income, or both, medical or hospital care, procedures prescribed by the United States pensions, or annuities on retirement, death Department of Labor, benefits, compensation for injuries, illness, (b) Each contractor or subcontractor accidents, sickness, or disability, or for shall preserve his weekly payroll records for a insurance to provide any of the foregoing, or period of three years from date of completion unemployment benefits, vacation pay, savi ngs of the contract. The payroll records shall set accounts, or similar payments for the benefit of out accurately and completely the name and employees, their families and dependents: address of each laborer and mechanic, his Provided, however, That the following correct classification, rate of pay, daily and standards are met: (1)The deduction is not weekly number of hours worked, deductions otherwise prohibited by law; (2) it is either: (i) made, and actual wages paid. Such payroll Voluntarily consented to by the employee in records shall be made available at all times for writing and in advance of the period in which inspection by the contracting officer or his the work is to be done and such consent is not authorized representative, and by authorized a condition either for the obtaining of or for the representatives of the Department of Labor. continuation of employment, or(ii) provided for in a bona fide collective bargai Hing agreement Section 3.5 Payroll deductions between the contractor or subcontractor and permissible without application to or representatives of its employees; (3) no profit approval of the Secretary of Labor. or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor Deductions made under the circumstances or or any affiliated person in the form of in the situations described in the paragraphs of commission, dividend, or otherwise; and (4) this section may be made without application the deductions shall serve the convenience to and approval of the Secretary of Labor: and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps 57 7 4 + and Bonds when voluntarily authorized by the such consent is not a condition either for the employee. obtaining of employ ment or its continuance; or (f) Any deduction requested by the (2)provided for in a bona fide collective employee to enable him to repay loans to or to bargaining agreement between the contractor purchase shares in credit unions organized or subcontractor and representatives of its and operated in accordance with Federal and employees. State credit union statutes. (36 F.R.9770,May 28.1971.) (g) Any deduction voluntarily authorized by the employee for the making of Section 3.6 Payroll deductions contributions to governmental or quasi- permissible with the approval of the governmental agencies, such as the American Secretary of Labor. Red Cross. (h) Any deduction voluntarily Any contractor or subcontractor may apply to authorized by the employee for the making of the Secretary of Labor for permission to make contributions to Community Chests, United any deduction not permitted under §3.5. The Givers Funds, and similar charitable Secretary may grant permission whenever he organizations. finds that: (i) Any deductions to pay regular union (a) The contractor, subcontractor, or initiation fees and membership dues, not any affiliated person does not make a profit or including fines or special assessments: benefit directly or indirectly from the deduction Provided, however, That a collective either in the form of a commission, dividend, or bargaining agreement between the contr actor otherwise; or subcontractor and representatives of its (b) The deduction is not otherwise employees provides for such deductions and prohibited by law; the deductions are not otherwise prohibited by (c) The deduction is either (1) law voluntarily consented to by the employee in a) Any deduction not more than for the writing and in advance of the period in which "reasonable cost" of board, lodging, or other the work is to be done and such consent is not facilities meeting the requirements of section a condition either for the obtaining of 3(m) of the Fair Labor Standards Act of 1938, employment or its continuance, or(2) provided as amended, and Part 531 of this title. When for in a bona fide collective bargaining such a deduction is made the additional agreement between the contractor or records required under§516.27(a) of this title subcontractor and representatives of its shall be kept. employees; and 1 (k) Any deduction for the cost of safety (d) The deduction serves the equipment of nominal value purchased by the convenience and interest of the employee. employee as his own property for his personal protection in his work, such as safety shoes, Section 3.7 Applications for the approval safety glasses, safety gloves, and hard hats, if of the Secretary of Labor. such equipment is not required by law to be furnished by the empl oyer, if such deduction is Any application for the making of payroll I not violative of the Fair Labor Standards Act or deductions under §3.6 shall comply with the prohibited by other law, if the cost on which the requirements prescribed in the following deduction is based does not exceed the actual paragraphs of this section: cost to the employer where the equipment is (a) The application shall be in writing purchased from him and does not include any and shall be addressed to the Secretary of direct or indirect monetary return to the Labor. employer where the equipm ent is purchased (b) The application need not identify from a third person, and if the deduction is the contract or contracts under which the work either (1)voluntarily consented to be the in question is to be performed. Permission will employee in writing and in advance of the be given for deductions on all current and period in which the work is to be done and future contracts of the applicant for a period of 58 7 • 1 year. A renewal of permission to make such Section 3.11 Regulations part of contract. payroll deduction will be granted upon the submission of an application which makes All contracts made with respect to the reference to the original application, recites the construction, prosecution, completion, or repair date of the Secretary of Labor's approval of of any public building or public work or building such deductions, states affirmatively that there or work financed in whole or in part by loans or is continued compliance with the standards set grants from the United States covered by the forth in the provisions of§3.6, and specifies regulations in this part shall expressly bind the any conditions which have changed in regard contractor or subcontractor to comply with to the payroll deductions, such of the regulations in this part as may be (36 F.R.9770,May 28,1971.) applicable. In this regard, see§5.5(a) of this (c) The application shall state subtitle. affirmatively that there is compliance with the standards set forth in the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction,the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested ded uction is permissible under provisions of§3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on dem and, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. 59 7 APPENDIX "E" SECTION 3 CLAUSE • • § 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause(referred to as the section 3 clause): A.The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C. 1701u(section 3).The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. D.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E.The contractor will certify that any vacant employment positions,including training positions,that are filled(1) after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. F.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G.With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract.Section 7(b)requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). • APPENDIX "F" CERTIFICATION OF BIDDER REGARDING SECTION 3 & SEGREGATED FACILITIES !•" r CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILTIES Name of Prime Contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained. Name Name & Title of Signer(Print or Type) Signature Date APPENDIX F