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PR 19809: CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE (BASE AND ALTERNTIVE iTEMS) AWARDING OF CONTRACT
i 7, 4 City of ort rthu Texas • www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 8, 2017 To: The Honorable Mayor and City Council Through: Brian McDougal, City Manager From: Armando Gutierrez,Jr., P.E., Director of Public Works IJ RE: P.R. 19809 —City Street Improvements along Bluebonnet Avenue (Base and Alternative Items) Awarding of Contract Introduction: Award of bid for the "City Street Improvements along Bluebonnet Avenue Project from Gulfway Drive (SH 87) to Memorial Blvd. (US 69)" to Excavation and Construction Co., Inc. in the amount of$1,314,627.91. Background: This project was advertised in the Port Arthur News on May 7, 2017 and May 14, 2017 and seven (7) bids were received and opened on June 7, 2017. Excavation and Construction Co. Inc. of Port Arthur, Texas is the lowest responsible bid. The proposed improvements include total reconstruction of roadway pavement, curb & gutter, drainage crossings and pedestrian facilities. Budget Impact: Funds are available in the following account: 001-1203-531.86-00, Public Works/City Streets Account. Recommendation: Approval P. R. No. 19809 authorizing the City Manager to execute a contract with Excavation and Construction Co., Inc. for the City Street Improvements along Bluebonnet Avenue (Base and Alternative Items) with a projected budgetary impact of$1,314,627.91. "Remember, vve are here to serve the Citizens of Port Arthur" P.O.Box 1089 x Port Arthur,Texas 77641-1089 x 409.983.8101 x FAX 409.982.6743 P.R. No. 19809 6/8/17 rtb RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EXCAVATION AND CONSTRUCTION, LLC OF PORT ARTHUR, TEXAS FOR CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE FROM GULFWAY DRIVE (SH 87) TO MEMORIAL BLVD. (US 69), WITH A PROJECTED BUDGETARY IMPACT OF $1,314,627.91; FUNDING AVAILABLE IN ACCOUNT NO. 001-1203-531.86-00, PUBLIC WORKS/CITY STREETS ACCOUNT. WHEREAS, the Bluebonnet Avenue Project limits were revised into two phases separating at the Gulfway Drive intersection due to inadequate funding, the City of Port Arthur decided to budget for the revised project limits and upgrade its roadway infrastructure design; and, WHEREAS, this contract was advertised for bid on May 17, 2017 and May 24, 2017 in the Port Arthur News and seven (7) bids were received and opened on June 7, 2017 with Excavation and Construction, LLC of Port Arthur, Texas being the lowest most responsible bid in the amount of $1,314,627.91 (see Exhibit "A") and have been evaluated by the Public Works staff and Purchasing Manager; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby awards the bid for the City Street Improvements along Bluebonnet Avenue Project to Excavation and Construction, LLC of Port Arthur, Texas for the amount of $1,314,627.91; and, P.R. 19809 Page 2 THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City, a contract between the City of Port Arthur and Excavation and Construction, LLC of Port Arthur, Texas with a projected budgetary impact of $1,314,627.91 for the City Street Improvements along Bluebonnet Avenue Project; in substantially the same form attached hereto as Exhibit "B"; 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 day of , A.D. 2017 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor Derrick Freeman Attest: City Secretary Sherri Bellard P.R. 19809 Page 3 APPROVED S TO FORM: APPROVED FOR ADMINISTRATION: \-,a Valecia Tizeno Brian McDougal City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: 3 Com- Ill -,\ -or . . - OVA-0-R---1 Rosie Vela, CPA Interim Director of Finance 1.. Armando Gutierrez, Jr., P.E. Director of Public Works J.iii k ,w.; .4. e'►, CI -on Williams, CPPB Acting Purchasing Manager EXHIBIT A Af _ .21.1 ARCENEAUX WILSON&COLE enyineeriny I surveyiny I plurrrtirry June 12, 2017 Mr. Armando Gutierrez, Jr., P.E. City of Port Arthur Director of Public Works& City Engineer 444 4th Street Port Arthur, Texas 77640 RE: RECOMMENDATION OFA WARD OF CONTRACT City Street lmpro vemen is Along Bluebonnet A venue AWC Job No. CPA-826 Dear Mr. Gutierrez: On June 7, 2017 the City of Port Arthur received seven (7) sealed bids for City Street Improvements Along Bluebonnet Avenue in Port Arthur, Texas. The bids were opened at 3:15 pm and the results read aloud in the public bid opening. The bids were checked for errors and tabulated. All Bidders acknowledged receipt of Addendum No.1,2,3,4 and 5, submitted proof of Bid Surety. No substitutions were submitted. It was found that EXCAVATION & CONSTRUCTION of Port Arthur, Texas submitted the lowest responsive Total Amount Bid (base bid items) in the amount of $1,170,742.41 and also submitted the lowest responsive Total Amount Bid (base bid and alternate items) in the amount of $1,314,62791 A copy of the Bid Tabulation is enclosed for your information. Based on their references and past experience, we recommend that the City of Port Arthur award the contract for City Street Improvements Along Bluebonnet Avenue to EXCAVATION & CONSTRUCTION on the basis the lowest responsive Total Amount Bid (for base bid items) in the amount of 409.724.7888 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com F-16194 10194049 4.A_ Clialle `. .. $1,170,742.41 or Total Amount Bid (for base bid with alternate items) in the amount of $1,314,624.71. Should you have any questions or require additional information, please contact our office. ARCENEAUX WILSON & COLE LLC TEXAS REGISTERED ENGINEERING FIRM F-16194 Keestan Cole, PE Vice President Attached: Bid Tabulation CC: Clifton Williams - City of Port Arthur EXCAVATION & CONSTRUCTION 8 8 8 8 § 882, 8 A S W 8 a N N N 8 8 N a N P 222 A 2A2A81 .2 N ONO O O O AO AO S W 8 288 AmW W m 8 880 8 8 88822 8 8000222228 O A Oo, N J. 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G 8 l 2 .A 8880 _s000000000000 S O O O O O O O " O y ffl tea N H 6464 69 www 'V..H H..69 69 69 69 69 69 69 69 a 69 69 H.H A C N N A �i1 N V ,. m D X n . c 8 t8l1 cowl, C O w A A W N + A m N O W N m V V + N 0 N O O O p w 0 0 0 01 0 0 W N O A O O O N O O O N ? m c bb .. , O o O p O O m 0 0 0 0 0 0 0 0 0 0 0 O O 00005 O O S 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 O O 69 69 69. C H.69.a M EA M.69 69..H EA 69 69 69 69 EA C 7p H N 6' N ,'-„ 3 -0 Cr ' N a + m �o .uA188 000001+u W + rnmOOwNNs O A N 0 0 8 8 • 8 8 001 N N W 8 8 8 iA 8 N 8 8 8 .t O 8 8 N 2 y~ X = A .4... ...._H. y r.....44444..44.4.....“4......... 10 0 O m o o_two w Dla mmp1 [p+0p�111 l' P,°'41 S p 00 0 0 8 § {N{-m 8 N 2 V W N W A a + OND SD P O + N o S o S x. D O 8 O 8 O N S O N O 8 O 8 O IJ O 01 8 O 8 io - r 8 N O N O O S O S 0 0 0 BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR, TEXAS 77640 Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of Texas, doing business as *licAvia4on ?-4;c-and acting by and through... , to the CITY OF PORT ARTHUR, Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE 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 270 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 S500 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 54 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: ll 'a, 3, LI/ S *Insert "a corporation," "a partnership," or "an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: D-1 ADDENDUM NO.5,Page 2 of 21 JUNE 6,2017 0 0 0 0 o C n 0 o 0 0 o Cn 0 u-, -0. -0. -P. o m p m m 3 CO 0 0 0 0 0 0 0 - n 0 N 0 0 —1 0 om K m n v) > 1- H M m m m M K K 3 m O 0 0 0 > m m m m - O O O 0 O o n z Z Z x) m n n n 0 (i) o n o v x) c < m co m D s0 0 C D z cn H N H v N m CO O 0 `i N o n N N.) -. o N fll 0 O W W O O� oO 01 -< I— M N r v) C r) 0 rrl Z 7y W 1.11 O ( 1 V1 707 Z 47' 474 N m 7 v7 a m a m Q m a Q .. 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O Z Z ,t* v 11 ,--r v rt v ,i v O n N N N N N N 61 ED I Ccoyr - to yr Z m m °' m s ..i p H V N-.1 O 0 0 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, Excavation&Construction, LLC as Principal, and American Contractors Indemnity Company dba Texas Bonding Company as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of Five Percent of Amount Bid ---5%--- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 7th day of June 2017 . The Condition of the above obligation is such that whereas the Principal has submitted to City of Port Arthur a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the City Street Improvements along Bluebonnet Avenue, Project No. CPA-826 • NOW,THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall E-1 in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. Excavation &C struction, LLC (L.S.) PRINCIPAL American Contractors Indemnity Company dba Texas Bonding Company SURETY BY: Douglas N. cElveen,Attorney-in-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. E-2 111111;11 111'''It, '11111111111111; I 111111; ,-----=';,--,-- ,7-- ', :----- =•ti•-=,. ;1111 1, .1._ ;, , , ; I I'• ' , -- _ =_ ,11,1 ' 1 116 ii ___ , AMERICARAC MRS-INDEMNITY COMPA ,,,Al 11111,11i1 D ,AS u ; .ii G COMPANY — -----= —----- UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas -Bondintortp an assumed nam f American Cdiltractors Indemnity CoriwnytecMilates Surety Company, a M id -±--- - . .a; _ ,,,,111111, ; --Imarimran__ Specialty Instl , , ,,,bi-n-pany, a Tea corporation("ft/Me Mil:Al-Mies"),do by thsarm-Wmitian----z------ l!, --- ---_-__---- - - - --- - - -- - Douglas McElveen,Christine Baker or Kathy Peters of Lake Charles,Louisiana ,---- „L„-- 1:114 ennd lay,-ftiMtomey(s)-in-faciantket—i- pavVz capacity if more than one is named above,with full powasami at*R3 / ----7---'-' Mr*/ttinferred,mats name,placeaki-Me twe*,x;M:ft Winowledge and deliver any and all boils,recognizainkift20-:- ----- ---- herinstrumentsor contraeWuMMI~Winc-Nde riders, amendments, and consents of surety,w1celft penalty does not exceed ********************Ten Million********************* Dollars ($ **1117000;000.00"), This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: R4fizt ReMvist_0094e President,any Vice ; 1.4 t, M1r 1 ,%,, ' •-t. 11,ce-President,any Secretary-Or ani:stanicretary shall be and is hereby_vestedamith fut- - d11.1 III _----=w_ vtgaiMutWttffriftpoint any one or Ii,' "til '- 1 Ik, 1.11, .i ey(s)-in-Fact to regmilmg a=for and tillthetialf of the CompactM tliolTuszirw-_-_-------, - --- — —— — !,1 I , Hi 111,,dp II ,:1111,I _ Attarmy-in=Fixt may be given full power.I',IIIl', hci for tilict in e name of and on beharrufatte WmparirTo excute,acknowledge and WWw_aWandr-WW- recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Sewaty. _;_:--_-- -Mt:RitW7v-e-WthattiVsignature of anyau .tbazitkiirMicandgseaMEthe Company heretofore or hereafter affixed t 1 power of attorney or..-2.11y ft-/iftint= rtTabffactuy power ofattoriWc:MrMgcWV.iea- ---SMile signature or facsimile seal shall be valid ari ' lading upon the Cs.M Wiece"-- )-A-T--- ---- --=__SlitiW-utrei1Wo vWtch it is attached.--=- = ---_ -_--- — = - --= IN - IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY , 1 II UNITED T, irR IS ,:101 i,F11„;ANY U.S.SPEcIALTANSIMeirIMPANY F, 1 L'IIIIP, 1 illir ,.. ,-,_-_- ___„__ a- 7=------=---- -. ,. 7-----= ff'.* esP4, '.11,• b v , . .,,F.,:iz",,, - _-_, __,,,, .....•••..,A ,A.•..;i''''Y'r%, ,V ', ,1 piq . -........?.,, ,, : P .14y. 4 k-1- .....v.z.. ,-, :,-,,, ill L6i --,,E,... -,g1:: BY - ---1.' ,,,,',. i<1 1-3\ i"Ir ,''' ,./4 1 Daniel P.Aguilar,Vice Pres' ent , ,...i..-4,S" k"-.....,...--' S '''''3,........111W‘ ''''''411 '1 I = _ taZTatal c=ther officer completiCileramaielMonly the identity oft, i ivi '11! d'to ,mi-d the ___._i„ . ._ ,. _. lril ., = i artnegAtoamm was certificate is atWri mod rMtheMatiss,accuracy oil] at ty, t t ow c , i H , ,h , F' H i'll, 1 11, =_-_------- --7 a----- _7 r_-_----------= _----,_ -_-- ---7. '11111'1' ' 1111[ ' 1011111111111'11111111 ! 14' County of Los Angeles SS: On this 1st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on —theditasi.Aittatiisfavtory evidence to be the person whelp name is scribed to the within instrnmentAziaLackawdedged to me that he executed the s_a_=in -fi-- - lis=t1Mze=t -ft and that by his signature on the instrument t'fire person,or theenumiuthelifwhittrAtterson acted,execuir , I cMify under PENALTY OF PERJURY under the laws of the State of California thatg-tag imWtiMs trWand correct. = ------ — —---------7- — WITNESS my hand and official seal. „_,.„;., SABINA MORGENSTEIN ,41111_,TIa, Commission 0 2129258 Signature , & (Seal) tSliliDtsta.,1 Notary Public-California --IT,-__-.z --- --' --r-------- _e,------=------:t_-_ ii _ ____ _, ____, _ _ =: _ __ _ ,., Los Angeles County ,,,,,,T, , .[li. 1 r:, My Comm. Expires Nov 3,2019 — -- - -1- Ki o Lo,Assistant Secretary of AmentMctors Indeinnity Company,Texas Bdridink Company,United States Surety Commleyd 1=--- - Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. _ aiMit,m7A-11~ I have hereunto set thy hand and affixed the seals of saii -oftardLamtngeles,CalifomiaAkis 11a.._.. .3/ ' 24 1 ___ -_ ------ ---- _-_-__-,----- - ----=-- - - =-- -- -- ----- ------- - --- Iri —,---- - Corporate Seals So,"551.......... 4.;............... W ,cLA V. Y \?A .-' F13-2 MICCAPOPATED :-S. = , , :3E L-,- : IZE .1 , ig....; Kio Lo,Assistant Secretary a, :, ___ Bond No, - .,r, i,,,,,;:, ,,,,,.,..,,t,,-,-,„„„„ ii ., 0 _ r 11 _ =_------ _, __ _ SUBSTITUTIONS 1. No Bid c9A) (Add) (Deduct) $ /UOA/t 2. No Bid /Vv,J t� (Add) (Deduct) $ /U04E Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID with Substitution(s) or TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the OWNER. The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the Contractor. Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure payment for all labor and materials. The bid security attached, without endorsement, in the sum of no less than five percent (5%) of the amount bid, is to become the property of THE CITY OF PORT ARTHUR, TEXAS, in the event the contract and bonds are not executed within the time above set forth, as liquidated damages without limitation. Respectfully submitted: D-16 ADDENDuM Nu 5,Page 17 of 21 JUNE 6,2017 (NAME OF CONTRACTOR) 660 I Pr oc-lot '-J-(.r &f 4- f2j)✓ Av441,41(. 7-7 (ADDRESS) -776112... BY: ke i'c_ ro.Ltir;psi 1/0 9 - MB Z�77 (TELEPHONEE NUMBER) TITLE: CAA. (LICENSE NUMBER IF APPLICABLE) DATE: Wednesday.June 7.2017 (SEAL,IF BIDDER ISA CORPORATION) (ATTEST) D-17 ADDENDUM NO.5,Page 18 of 2I JUNE 6,2017 CITY OF PORT ARHTUR EXCEPTION /APPROVED EQUAL REQUEST [Please submit this form for each exception/approved equal] VENDOR: 1 13 0 TELEFAX: PROJECT: PAGE: of PARAGRAPH: SUBJECT: REQUEST: Signature FOR CITY OF PORT ARTHUR USE ONLY APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR REP D-18 ADDENDUM Nu.5,Page 19 o1 21 JUNE 6,2017 AFFIDAVIT [RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL] 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. I hereby certify that I do have outstanding debts with the City of Port Arthur, and agree to pay said debts prior to execution of this Agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: , �fc ( - TITLE: C y� ADDRESS: 6601 P(oc.-E)( G-FI/`ecJ , J- CITY/STATE/ZIP: TELEPHONE NUMBER: L�IuK 1`z.,, 7'7 SIGNATURE: i' - - SUBSCRIBED AND SWORN to before m by the above named on this the —1 day of lu4ue , 20 .1 Notary Public in and for the State of ar,-A-4 k." 4_1 \\‘: Signature My Commission Expires: `•.r CHRISTA GRAY *:U Notley public,State of Texas D-19 •4:c My dors.Exp.OS-28-2018 y19Bi/1Nax QUALIFICATIONS STATEMENT Submitted to: —Jefferson County Commissioners Court Excavation& Construction, LLC. Excavators & Constructors, Ltd. Principal Office: 6601 Procter Ext., Port Arthur, TX 77642 Phone: 409-962-2677 Fax: 409-962-2771 (email: eric.gilchriest@exconllc.com) When organized: April 1, 2015 July 26, 1967 Where incorporated: State of Texas Operating under Excavators and Constructors. For 47 years Excavators & Constructors, Ltd 11 + years Excavators & Constructors, Inc. 36 years Excavators & Constructors list of completed projects are as follows: Contract Class of Date Amount Work Completed Name and Address of Owner $785,543.23 Utility work Sep 2016 City of Beaumont P.O.Box 3827 Beaumont,TX 77704-3827 $500,000.00 Site Work Sep 2016 ICON $3,450,445.00 Road Repair Aug 2016 City Of Beaumont $839,881.36 Box Replacement Aug 2016 City of Vidor 1395 North Main Street Vidor,TX 77662 $296,103.26 Waterline July 2016 City of Port Arthur 444 4th Street Port Arthur,TX 77640 $245,593.50 Box replacement March 2016 Drainage District No 7 4401 9Th Ave Port Arthur,TX 77642 $3,450,445.00 Street Reconstruction March 2016 City of Beaumont P.O.Box 3827 Beaumont,TX 77704-3827 $26,962.50 Street/Paving August 2015 BRYSTAR Contracting 8385 Chemical Rd, Beaumont, TX 77705 $2,836.00 Dirt Work August 2015 Pro Cure 2300 Hwy 365 suite 400 Nederland,TX 77627 $2,208,974.85 Waterline/Street/Paving August 2015 City of Port Arthur 51h Street Port Arthur,TX 77640 $2,318,702.50 Waterline August 2014 City of Port Arthur 444 4th Street Port Arthur,TX 77640 $952,241.00 Street/Paving/Water/Sewer May 2014 Twin Lakes Sub-division Damon R.Vacek 960 N.Main Street Vidor,TX 77662 $628,823.81 Street Reconstruction October 2013 City of Port Arthur 444 4th Street Port Arthur,TX 77640 $ 101,221.15 Sanitary Sewer June 2013 City of China 717 N.Broadway China,TX 77613 $ 157,173.60 Street/Paving June 2013 City of Beaumont P.O.Box 3827 Beaumont,TX 77704-3827 $ 130,240.00 Street/Paving July 2013 City of Beaumont P.O.Box 3827 Beaumont,TX 77704-3827 $523,265.22 Paving/Sewer July 2013 LSI 10204 Fairbanks N.Houston Road Houston,TX 77640 $ 71,390.745 Street/Road December 2012 City of Beaumont,Texas P.O.Box 3827 Beaumont,TX 77704-3827 LaBelle Subdivision $ 84,187.695 Culvert Crossing Improvements November 2012 Jefferson County Drainage District No. 7 P.O.Box 3244 Port Arthur,TX 77642-1862 $1,433,936.34 Sanitary Sewer/Paving/Drainage November 2012 City of Port Arthur,Port Arthur EDC 4173 39th Street Port Arthur,TX 77642 $1,852,127.95 Street/Drainage Improvements March 2012 City of Lumberton,Hardin County,Texas 836 N.Main Street Lumberton,TX 77657 $ 775,878.00 Storm Sewer Improvements October 2011 City of Port Arthur,TX $ 604,860.04 Drainage&Pavement Impr. March 2011 City of Bridge City,Texas P.O.Box 846 Bridge City,Texas 77611 $903,364.95 Pavement/Drain/San. Sewer January 2011 Port Arthur EDC,Port Arthur,TX $711,456.75 Flex Base Street Repairs November 2010 City of Port Arthur,TX $1,803,062.60 Pavement/Sanitary Sewer June 2010 City of Beaumont,Beaumont,TX 409-785-3002 $782,590.72 Concrete/San.&Storm Sewer June 2009 City of Port Arthur,Port Arthur EDC 409-963-0579 $ 987,813.04 Paving/Water/Sewer/Drainage August 2009 Sterling Ridge,City of Nederland 409-723-1503 $2,509,381.78 Concrete/Utilities/Storm Sewer Feb. 2009 Port Arthur EDC 409-963-0579 $697,178.15 Concrete/Utilities/Storm Sewer January 2009 Stone Creek Apartments,City of Port Arthur 409-963-0579 $429,509.35 Roadway Extension June 2008 Greene/Hill,City of Nederland,TX $318,449.90 Water,Sewer May 2008 McClain Estates,City of Port Arthur,TX $2,555,702.65 Paving June 2008 City of Beaumont,Beaumont,TX $353,571.89 Paving,Drain,Water,Sewer October 2007 City of Nederland,for David Redwine Nederland,TX $816,191.93 Drain,Sewer,Water September 2007 LaGrone Services,Houston,TX $245,459.85 Roadway Extension July 2007 Port Arthur EDC,4173 39th Street Port Arthur,TX 7741 $$565,766.73 Orange County Sheriffs Dept March 2007 Orange County Sheriff's Department $234,928.68 Drainage/Paving February 2007 Lubys,Inc.Houston,TX(713)329-6880 $198,564.65 Sewer Line Replacement April 2006 Jefferson County WCID NO. 10(409)722-4437 $832,908.88 Water Main Loop/Paving June 2006 Greenhill,Nederland,TX(409)718-5881 $1,866,65.30 Sanitary,Storm Sewer,Paving June 2006 P.A.Royal Homes,Inc.,Nederland,TX $ 130.031.00 Water&Wastewater Impr. November 2005 Nederland EDC,Jefferson County,TX $840,000.00 RV Park/Gas Station May 2005 John Smith,Nederland,TX $935,082.25 Storm Sewer February 2005 City of Nederland $ 174,582.80 Sanitary Sewer March 2005 City of Bridge City $1,137,349.31 Road Improvements January 2005 Jefferson County Precinct 2 $2,342,384.00 Water Transmission Main September 2004 City of Port Arthur $ 818,144.00 Paving April 2004 LaGrone Services,Inc. Southeast Texas Medical Center $ 597,672.00 Landscaping March 2004 City of Port Arthur Economic Development Corporation $980,000.00 Road Improvements December 2003 City of Port Arthur Economic Development Corporation $257,680.00 Rough Grading/Site Development June 2003 City of Port Arthur Economic Development Corporation $1,135788.50 Underground Utilities June 2003 City of Port Arthur Economic Development Corporation $ 884,716.00 Drainage System Improvements June 2003 City of Port Arthur Economic Development Corporation $4,591,731.17 General Construction 2001 City of Beaumont,Box 3827 Beaumont,TX 77704 $428,129.19 General Construction 2001 W.T.Byler Co.,Inc. 15203 Lilia Road Houston,TX 77060-5299 $4,888,911.06 General Construction 9-14-00 TXDOT,Eldon Chalker Rt. 7,Box 138,Jasper,TX 77651 $347,100.72 General Construction 12-99 City of Nederland,Box 967 Nederland,TX 77627 $1,751,478.49 General Construction 6-98 City of Beaumont,Box 3827 Beaumont,TX 77706 $807,824.33 General Construction 12-97 Jefferson County Precinct#2 2748 Viterbo Rd.,Beaumont,TX 77705 $2,180,052.17 General Construction 11-97 TXDOT,6101 Twin City Hwy Port Arthur,TX 77642 $5,541,628.82 General Construction 8-96 City of Beaumont Personal supervision of this project will be as follows: Administrative Management: Eric Gilchriest Construction Superintendent: Louis Gilchriest Owned Equipment available for this project: Quan. Item Condition Yrs Service Location 1 Hydraulic Riding Paver Good 17 Port Arthur, TX 1 TD 12 Dozer Good 22 Port Arthur, TX 1 Komatsu PC 300 HD Good 19 Port Arthur, TX 1 Ford Backhoe 555 C Good 24 Port Arthur, TX 1 Komatsu D65 PX Good 15 Port Arthur, TX 1 John Deere 544G Ft End Loader Good 12 Port Arthur, TX 1 Link belt 210 Excellent 8 Port Arthur, TX 1 Cat 5 Dozer Good 5 Port Arthur, TX 1 Cat 312 Excellent 7 Port Arthur, TX 1 Link belt 330X Excellent 7 Port Arthur, TX 1 International Harvester TD8 Good 11 Port Arthur, TX 1 New Holland Backhoe Good 14 Port Arthur, TX 1 Kobelco Excavator Good 14 Port Arthur, TX 1 Bomag Mixer Fair 40 Port Arthur, TX 1 Morooka MST Terrain Good 23 Port Arthur, TX 1 Morooka MST 2000 Crawler Good 23 Port Arthur, TX 1 Cat D6 Dozer Good 11 Port Arthur, TX 1 Komatsu Motor Grader GD530 Good 17 Port Arthur, TX 1 Komatsu Excavator PC 200 Good 18 Port Arthur, TX 1 Kubota Mini Excavator KX80 NEW .5 Port Arthur, TX 1 Kubota Skid Steer SV90 NEW .5 Port Arthur, TX Following is a list of projects presently under construction: Contract Class of Percentage Amount Work Complete Name and Address of Owner $994,595.03 Construction of Taxi Way Airport 95% L&L Engineering $400,896.00 Replace Culvert Hwy 365 99% TXDOT $895,103.21 Retirement Home, Site& Paving 80% Icon Builders $472,065.04 Lift Station—Allie Payne 99% City of Orange $164,107.66 Waterline Hwy 62 99% City of Orange va ry ¢. - f. .-. b Vi, u 1 a" 6 a ,f. 1 , 11 } LOUIS GILCHRIEST 500 Feldshchu , P.O. Box 1206, Buna, TX 77612 409.289.1053 eric.gilchriest@gmail.com P ROFILEOFQ UALIFICATIONS ➢ More than 50 years of experience in staff leadership, operations management, construction, safety, problem resolution, equipment operation, communication, surveying and project management. ➢ History of promotion to greater levels of responsibility through superior performance. ➢ Skillful multitasker with exceptional detail orientation and problem-resolution capacities. ➢ Effective team builder with strong communication and relationship-building abilities. ➢ Excellent planning, organization, time management and decision-making skills. ➢ Strategically collaborate with professionals to maximize performance in facilitating goals and attaining operational excellence. CAREERTRACK Excavation & Construction LLC, Port Arthur, TX current- Operations Manger APAC, Beaumont, TX Sept. 2014-Jul. 2015 Consultant Retired 2011-2014 Allco, Beaumont, TX 1996 -2011 Superintendent & Project Manager Williams Brothers, Houston, TX 1992 - 1996 Superintendent & Project Manager OMLL Inc., Buna, TX. 1976-1993 President And Owner • All types of underground utilities. Water, Sewer, Storm Sewer, Lift stations, Concrete Paving. 20 Employees, Largest job$10 million Bayshore Construction, Baytown, TX. 1970-1975 Superintendent/ Foreman • Water, Sewer, Storm Sewer& City Paving in Baytown/Houston area. 30-40 Employees Excavators and Constructors, Beaumont, TX. 1968-1970 Foreman/Operator City of Beaumont, Beaumont, TX. 1966-1968 Water and Sewer Department • Started as Laborer at$1.47 an hour and left at $2.50 an hour as a Foreman/Operator Army Reserves 1966-1970 Army 1964-1966 High School 1964 Jobs that has been completed include Port Arthur TX. for Apac Texas Port of Port Arthur for Apac Texas New railroad yards for each track lines. Parking lots and yard. Contract price: $4.5M 10 People crew plus Railroad sub. 15 month job built in 7 months. Port Arthur TX. for Apac Texas HWY. 69 Texaco Bridge and Box Sewer Contract price: $3M 15 People crew plus subs. Built in 50 working days $200K Bonus TX Dot Job Port Arthur TX. for Alico Port Arthur ISO. Built Roads, Storm Sewer& Parking Lots 15 People crew Beaumont TX. For Allco Beaumont ISD. 6 Schools Contract price: $350M Excavation &fill foundations,All layout work for site,Built all roads and parking lots. 15 People crew plus many subs. (Plumbers, Electricians, Brick layers,Structure steel, Roofers,Cement finishers,Ac, Flooring,Sheet rock,ext.) Orange TX. For Alico Port of Orange Contract price:$4M 15 People crew Plus subs. Control Building, Parking lot& Entrance road Bryan TX. For Alico TX Dot West Villa-Maria & Farm rd. 1779. Contract price:$15M 40 People crew plus subs. 1 railroad bridge, 1 main lane bridge, 2500ft of 5 lane paving,2000ft Of retaining wall from Svf to 30vf poured in place with drill shafts. 3000ft of railroad shoe fly,3000ft of new railroad over new railroad bridge. Jobs Completed Continued. Kirbyville TX. For AIIco TX Dot HWY. 96 Kirbyville Contract price: $25M 35 People crew Plus subs. 6 Miles of 84ft wide 12in thick slip from paving, 2 bridges, 300,000cy of fill material, Milling road way, Asphalt pavement base, Asphalt paving, 6in lime sub grade, large box sewers and headwalls, Bought and set up concrete plant, trucked in rock and sand, Produced all concrete on site. Drilled 2 6in water wells for concrete plant 500ft deep. Job received best ride in the state that year. Orange TX. For AIIco TX Dot HWY. 90 From MLK to HWY. 87 Contract price: $10M 25 People crew plus subs. 4 Miles of 5 lane 10in concrete paving, roadway excavation, lime base, asphalt paving, storm sewer, water Lines, sanitary sewer line, box sewer, and headwalls. Orange TX. For AIIco TX Dot HWY. 87 Orange TX. From 105 North to traffic circle Contract price: $15M 30 People crew plus subs. 2 Miles of 6 lane 10in concrete paving plus service roads, lime, base &asphalt paving, Storm Sewer, Box sewer& head walls, Bridge over railroad, 15 spans 100ft each, 5 lanes 1500ft with drill shafts, 2000ft of retaining walls 20vf. Beaumont TX. For Alico TX Dot West Port Arthur rd. From Cardinal drive south 5 miles Contract price: $8M 25 People crew plus subs. 5 Miles of 5 lane 10in concrete paving, 2 each 2 span bridges, Storm sewer and Box sewer, lime, base & Asphalt paving. Orange TX. For Alico Waste Water Plant Contract Price: $8M 20 People crew plus subs. Mechanical piping for 10 million gallons day plant. Port Arthur TX. For Alico Fresh Water Treatment Plant Contract Price: $25M 20 People crew plus subs. Mechanical Piping. Jobs Completed Continued. Beaumont TX. For William Brothers TX Dot MLK Parkway From Washington to Fannin Contract Price: $44M 7-8 Foreman 60-110 people crew plus subs. 9 Bridges, 2 Large pump stations 50-60vf deep, Large box sewers, 2,000,000cy of dirt removed, 5 Miles of 6 lane 12in paving plus service roads, lime, base and asphalt paving, 5,000lf of retaining walls 5-30vf tall pile supported. Beaumont TX. For William Brothers TX Dot MLK Out Fall Boxes Contract Price: $10M Sub Contract to OMLL INC. 50001f 12ftx8ft Box sewer 16-30ft deep, 40001f 10ftx7ft Box sewer 16-20ft deep w. t i '= W, -'..3C-r 1°I �a"v eA 'i'T a'R- . .^-''''..4''''''''- f-4,5 qXr ',5'a;.#,s % '',1 y G A ,'Z "4F Y bi. , . k W eh � • p it.,,,,, _ i x. g • qR. • • { :W,lig t .a'�.. .. ;�; ,s ��a�55rs .fin..,• ...s,., _� �.-da-.. .... -..,,....., K �,;,—°_. ��,� — ,;+er _ .� �&z�,u..+s4.r'w�� :^�G„• �, �'�5< - _�.�Y -�. �. ERIC GILCHRIEST 760 Searcy Road, PO Box 480, Buna, TX 77612 409.289.1053 eric.gilchriest@gmail.com P ROFILEOFQ UALIFICATIONS ➢ More than 15 years of experience in staff leadership, operations management, construction, safety, problem resolution, equipment operation, communication, surveying and project management. ➢ History of promotion to greater levels of responsibility through superior performance. ➢ Skillful multitasker with exceptional detail orientation and problem-resolution capacities. ➢ Effective team builder with strong communication and relationship-building abilities. ➢ Excellent planning, organization, time management and decision-making skills. ➢ Strategically collaborate with professionals to maximize performance in facilitating goals and attaining operational excellence. CAREERTRACK Excavation & Construction , Port Arthur, TX 2015 - General Manger 2015 -Today Oryx Oil Field Services, Goliad, TX 2012 -2015 Spread Boss 2013-2015 • Directed crew rated as both Most Productive and Most Cost-Effective. Heavy Equipment Operator 2012-2013 • Safely ran track hoe and ensured safety while working around live lines. Allco, Beaumont, TX 2000 -2012 Superintendent 2007-2012 • Tasked with managing numerous projects with TxDot worth more than $10MM and successfully completed all work on time & under budget. • Effectively supervised over 50 personnel and five subcontractors. Field Engineer 2004-2007 • Directed surveying operations and collaborated with engineering personnel to update construction plans. • Ensured completion of all change orders and other construction documentation. General Laborer 1996-2004 • Recruited to conduct heavy equipment operation, surveying, field engineering, spreading and personnel leadership operations. Jobs that has been completed include Goliad TX. For Oryx Oilfield Services Eagle Ford for Conoco Contract price: Multi Millions 15-40 People Crew plus subs Port Arthur TX. for Allco Port Arthur ISD. Built Roads, Storm Sewer& Parking Lots 15 People crew Beaumont TX. For Allco Beaumont ISD. 6 Schools Contract price: $350M Excavation &fill foundations,All layout work for site, Built all roads and parking lots. 15 People crew plus many subs. (Plumbers, Electricians, Brick layers,Structure steel, Roofers,Cement finishers,Ac, Flooring,Sheet rock,ext.) Orange TX. For Allco Port of Orange Contract price:$4M 15 People crew Plus subs. Control Building, Parking lot& Entrance road Bryan TX. For Allco TX Dot West Villa-Maria & Farm rd. 1779. Contract price:$15M 40 People crew plus subs. 1 railroad bridge, 1 main lane bridge, 2500ft of 5 lane paving,2000ft Of retaining wall from 5vf to 30vf poured in place with drill shafts. 3000ft of railroad shoe fly, 3000ft of new railroad over new railroad bridge. Jobs Completed Continued. Kirbyville TX. For Allco TX Dot HWY. 96 Kirbyville Contract price: $25M 35 People crew Plus subs. 6 Miles of 84ft wide 12in thick slip from paving, 2 bridges, 300,000cy of fill material, Milling road way, Asphalt pavement base, Asphalt paving, 6in lime sub grade, large box sewers and headwalls, Bought and set up concrete plant, trucked in rock and sand, Produced all concrete on site. Drilled 2 6in water wells for concrete plant 500ft deep. Job received best ride in the state that year. Orange TX. For Allco TX Dot HWY. 90 From MLK to HWY. 87 Contract price: $10M 25 People crew plus subs. 4 Miles of 5 lane 10in concrete paving, roadway excavation, lime base, asphalt paving, storm sewer, water Lines, sanitary sewer line, box sewer, and headwalls. Orange TX. For Allco TX Dot HWY. 87 Orange TX. From 105 North to traffic circle Contract price: $15M 30 People crew plus subs. 2 Miles of 6 lane 10in concrete paving plus service roads, lime, base &asphalt paving, Storm Sewer, Box sewer& head walls, Bridge over railroad, 15 spans 100ft each, 5 lanes 1500ft with drill shafts, 2000ft of retaining walls 20vf. Beaumont TX. For Allco TX Dot West Port Arthur rd. From Cardinal drive south 5 miles Contract price: $8M 25 People crew plus subs. 5 Miles of 5 lane 10in concrete paving, 2 each 2 span bridges, Storm sewer and Box sewer, lime, base& Asphalt paving. Orange TX. For Allco Waste Water Plant Contract Price: $8M 20 People crew plus subs. Mechanical piping for 10 million gallons day plant. Port Arthur TX. For Allco Fresh Water Treatment Plant Contract Price: $25M 20 People crew plus subs. Mechanical Piping. EXHIBIT B CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Construction of PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE To Serve The City of Port Arthur PORT ARTHUR, TEXAS Project No. CPA-826 Contract No. 1 City of Port Arthur's Bid No. P17-051 (Non-Federally Funded Project) CITY OF PORT ARTHUR Jefferson COUNTY, TEXAS MAY 2017 TEXAS * REGISTERED ENGINEERING FIRM F-16194 ARCENEAUX WILSON & COLE LLC Engineers * Surveyors * Planners PORT ARTHUR, TEXAS CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Construction of PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE ! To Serve The City of Port Arthur PORT ARTHUR, TEXAS Project No. CPA-826 Contract No. 1 City of Port Arthur's Bid No. P17-051 (Non-Federally Funded Project) CITY OF PORT ARTHUR Jefferson COUNTY, TEXAS MAY 2017 <� OF T1•+9,1 *•• */ KEESTAN X. COLE 0.11' . 114225 ••44i ' • GIsTERF• `\\\N• • 04.:- .1e,1/4 fr TEXAS REGISTERED ENGINEERING FIRM F-16194 ARCENEAUX WILSON & COLE LLC Engineers * Surveyors * Planners PORT ARTHUR, TEXAS CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Construction of PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE To Serve The City of Port Arthur PORT ARTHUR, TEXAS Project No. CPA-826 Contract No. 1 (Non-Federally Funded Project) TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID E. BID BOND F. GENERAL CONDITIONS G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS I. PAYMENT BOND J. PERFORMANCE BOND K. ROADWAY BOND L. NOTICE OF AWARD M. NOTICE TO PROCEED N. INSURANCE O. GENERAL NOTES AND TECHNICAL SPECIFICATIONS P. QUALIFICATION STATEMENT APPENDICES APPENDIX„A„ - Form for Request for Time Extension APPENDIX"B" - Geotechnical Report Page 1 of I CONSTRUCTION CONTRACT AGREEMENT [Non-Federally Funded Projects] THIS AGREEMENT, made this day of , by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER", and , herein acting by and , hereinafter called "CONTRACTOR" WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the construction of PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 270 consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of S , or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Decision (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Roadway Bond (L) Notice of Award (M) Notice to Proceed A-1 (N) Insurance (0) Specifications prepared or issued by Arceneaux Wilson & Cole LLC dated MAY 2017 (P) Qualification Statement (Q) Drawings prepared by Arceneaux Wilson & Cole LLC numbered 1 through 71 dated MAY 2017 (R) Addenda: No. , dated , 20 No. , dated , 20 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. APPROVED IN FORM: OWNER: CITY OF PORT ARTHUR CITY ATTORNEY NAME TITLE CONTRACTOR: BY NAME [SEAL] ADDRESS ATTEST: NAME TITLE [CORPORATE SEAL] ATTEST: NAME: A-2 SECTION B ADVERTISEMENT AND INVITATION FOR BIDS CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS NOTICE IS HEREBY GIVEN THAT sealed proposals, addressed to the CITY OF PORT ARTHUR, will be received at the office of the City Secretary located on the 4th Floor of City Hall, 444 4th Street, Port Arthur, Texas, until 3.00 p.m. on Wednesday, May31, 201Z and all bids received will thereafter be opened and read aloud at 3:15p.m. on Wednesday, May31, 201Z at City of Port Arthur City Hall 444 4th Street, 5th Floor Council Chamber, Port Arthur, Texas,for the construction of PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE to Serve THE CITY OF PORT ARTHUR. Any bid received after closing time will be returned unopened. A Cashier's check, or Certified Check, payable without recourse to the order of the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas, in an amount not less than five percent (5%) guarantee that, if awarded the Contract, the bidder will promptly enter into a Contract and execute Bond in the forms provided as outlined in the Specifications and instructions to Bidders. Copies of the PLANS AND SPECIFICATIONS and other CONTRACT DOCUMENTS are on file at the following locations: CITY OF PORT ARTHUR Public Works 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 AGC OF SOUTHEAST TEXAS 5458 Avenue A Beaumont,TX 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. The following bonds, each in the amount of one hundred percent (100%) of the Contract price, will be required in accordance with State law as follows: (1) a payment bond for any contract in excess of Fifty Thousand Dollars ($50,000.00);(2) a performance bond for any contract in excess of One Hundred Thousand Dollars ($100,000.00). B-1 Attention is called to the fact that this is a Contract for construction of public works and that there must be paid on same not less than the general prevailing wage rates which have been established by the City of Port Arthur, Texas, pursuant to Chapter 2258 of the Texas Government Code, as amended and which are set out in detail in the Contract Documents. The CONTRACTOR shall forfeit as a penalty,to the City of Port Arthur, Sixty Dollars ($60.00) for each laborer, workman or mechanic employed, for each calendar day, or portion thereof, if such laborer,workman or mechanic is paid less than the said stipulated rates for any work done under this Contract. The Davis-Bacon Act* is applicable to this Contract, and the prevailing wage rates established pursuant to said Act are made a part of this Contract. A copy of such current wage schedule is included in the Contract Documents and any applicable change in such wage schedule shall be furnished and Equal Employment Opportunity requirements must be met. CONTRACTOR'S attention is also directed to the equal opportunity requirements of this Contract: Title VI,Sec.3 and E.O.11246. This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. Because of the Amendments to Section 151.311 of the Tax Code made by Section 14.07 of Chapter 5 (House Bill No. 11), 72nd Leg., 1st C.S., Acts 1991 at 188, in order for non-consumable materials and equipment to qualify for resale to the City of Port Arthur and be exempt from sales tax, the contract and bids must comply with the following requirements. The bid and contract must separately identify: (1) the charges for non-consumable materials and equipment that are permanently incorporated into the project, and (2) charges for skill, labor and consumable materials,tools and equipment that are permanently incorporated into the project. Bidders are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the separated contract procedure. The City of Port Arthur will issue to the CONTRACTOR a specific exemption certificate for this Contract in order that he does not have to pay taxes on qualifying materials, equipment, or other tangible personal property purchased for and permanently incorporated into the City of Port Arthur realty in performing this Contract. The CONTRACTOR performing this contract must issue to his suppliers an exemption certificate complying with all applicable State Comptroller's rulings,along with a copy of the certificate issued to him by the City. Lump-sum contracts, in which the above referenced charges are not separated, do not B-2 qualify for the sales and use tax exemption. Attention is directed to the liquidated damages provision of this Contract (Paragraph No. 54 of the General Conditions) and the fact that rainy weather shall constitute justification for any delay in the time for completion only under certain conditions. This Contract is for a PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE project. Each project will be specified by the City of Port Arthur in a notice to proceed. Successful Bidder shall be required to attend Pre-Construction Conference. BIDDER IS CAUTIONED TO READ ALL CONTRACT DOCUMENTS BEFORE SUBMITTING BID, ESPECIALLY ITEM 18 (PRE-BID CONFERENCE) OF THE INFORMATION TO BIDDERS. ALL BIDDERS SHALL BE REQUIRED TO ATTEND THE MANDATORY PRE-BID CONFERENCE ON: Thursday, May 18, 2017 at 10:00 AM at the City of Port Arthur City Hall, 5th Floor Council Chambers, 444 4th Street, Port Arthur, TX 77640. 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. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. THE CITY OF PORT ARTHUR BY: /5/Clifton Williams Purchasing Manager *Davis. Bacon Act is found at 40 U.S.C., § 276a et.seq. 1st Advertisement - May 7,2017 2nd Advertisement - May 14,2017 B-3 SECTION C INFOROMATION TO BIDDERS INFORMATION TO BIDDERS The following instructions are applicable to the Contract, in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items (if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent ( 5%) Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct c-i business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60) days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two (2) remaining unsuccessful Bidders will be returned; that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the City of Port Arthur, for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the City of Port Arthur, as liquidated damages and Bidder shall be liable to the City of Port Arthur, for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within ten (10) days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS The following bonds, each in the amount of one hundred percent (100%) of the Contract price, will be required in accordance with State law as follows: a (1) PAYMENT BOND for any contract in excess of Fifty Thousand C-2 Dollars ($50,000.00); and, (2) a PERFORMANCE BOND for any contract in excess of One Hundred Thousand Dollars ($100,000.00). 4. NOTICE TO PROCEED Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reason(s) why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the ten (10) day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. C-3 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or Certificate of Insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or Certificate of 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 Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference.) 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and 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 or $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. 3. Comprehensive Automobile Liability(including owned, non- owned and hired vehicles coverage). C-4 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. C-5 PREAMBLE TO RULE 110.110 The Texas Worker's Compensation Commission adopts new § 110.10, concerning requirements for governmental entities awarding a contract for a building or construction project, and for persons providing services on a building or construction project for a governmental entity. The new rule is adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas Register (19 TexReg 3131). Subsection (a)(7) and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(F) and (c)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity that workers' compensation coverage is provided. Subsections (d)(8)(C) and (c)(8)(C) were added to require specific language regarding representations of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (c)(6), and (c)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year. Subsection (g) was changed to state that this rule applies to contract advertised for bid after September 1, 1994, rather than awarded after September 1, 1994. The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The commission is aware that this statutory requirement is not being met, and this rule is designed to achieve compliance and to implement a record keeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage, certificates of coverage, posted notices of coverage, and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rules defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building land construction projects to follow in complying with the requirements of the Texas Labor Code, §406.096. It also defines persons who provide services on a project who are subject to the statutory requirement of coverage, and sets forth their requirements to comply with the statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties, civil penalties, or other civil actions. C-3a The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to the commission upon request and to others entitled to them by law. It also requires the governmental entity as a prerequisite to awarding a contract, and as part of the contract, to require that the contractor provide coverage and certificates of coverage for the contractor's employees; timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project; retain certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method for obtaining the certificates from persons providing services on the project and providing them to the governmental entity. It requires a contractor awarded a building or construction contract to provide workers' compensation coverage to the contractor's employees for the duration of the project; file a certificate of coverage of the contractor's employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity, certificates of coverage from each other person with whom it has contract to provide services on the project, prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project; retain all certificates of coverage for the duration of the project and for one year thereafter, notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage; and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor, with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project. The rule uses the term "persons providing services on the project; in lieu of the statutory term "subcontractor because the term "subcontractor" as used in the statue (§406.096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. C-3 b The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096, which establishes requirements for governmental entities, contractors, and subcontractors ("persons providing services on the project") regarding workers' compensation coverage for workers on public building or construction projects. Rule 110.110 Reporting Requirements for Building or Construction Projects for Governmental Entities. (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined the Texas Labor Code, if so defined. (1) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project,for the duration of the project. (2) Building or construction - has the meaning defined in the Texas Labor Code, §406.096(e)(I). (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Worker's compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - A written agreement on form TWCC- 81, form TWCC-82, form TWCC083, or form TWCC-84, filed with the Texas Workers' Compensation Commission with establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" In §406.096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on C-3c the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the Insured who are providing services on the project are covered by workers' compensation coverage, that the coverage if based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) Include in the bid specifications, all the provisions of subsection (d) of this rule, using the language required by paragraph (7) of this subsection; (2) As part of the contracts, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this rule; (3) Obtain from the contractor a certificate of coverage for each person providing services of the project, prior to that person beginning work on the project; C-3d (4) Obtain from the contractor a new certificate of coverage showing extension of coverage; (A) Before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project, and (B) No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) Retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) Provide a copy of the certificates of coverage to the commission upon request and to any person entitle to them by law; and, (7) Use the following language for bid specifications and contracts, without any additional works or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation in Figure 1: (Figures 1) Article . Worker's Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate') A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-87, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project -includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in §406.095)includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that C-3 e person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services"does notinclude activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 404077(44) for all employees of the contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period file a new certificate of coverage with the governmental entity showing that coverage has been extended E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity. (7) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and, (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage (if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 70 days after the contractor knew or should have known, of any change that C-3 f materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually required each person with whom it contracts to provide services on a project, to: (1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which means the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) Provide to the contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for they duration of the project; (3) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,(if the coverage period shown on the current certificate of coverage and during the duration of the project: (4) Obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; C-3 g (6) Notify the governmental entity in writing by certified mail or personal delivery, within 70 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (7) Contractually require each person with whom it contracts, to perform as required by paragraphs (7) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental (d) A contractor shall: (7) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) Provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; C-3 h (4) Obtain from each person providing services on a project, and provide to the governmental entity.. (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and, (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage code during the duration of the project; (5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) Post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional works or changes: (Figure 2) REQUIRED WORKER'S COMPENSATION CO VERA GE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." C-3 i "Call the Texas Worker's Compensation Commission at 512-440-3789 to received information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage."and (8) Contractually require each person with whom it contracts to provide services on a project, to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) Provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) Include in all contracts to provide services on the project the language in subsection (o) (3)of this rule; (D) Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) Obtain from each other person with whom it contracts, and provide to the contractor; (I) a certificate of coverage, prior to the other person beginning work on the project;and (II) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project (F) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and, (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (H), with the C-3j certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) Provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) Provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) Have the following language in its contract to provide services on the project. "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers'compensation coverage for the duration of the project that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self- Insurance elfInsurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. (4) Provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project: (5) Obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) A certificate of coverage, prior to the other person beginning work on the project;and (B) Prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period if the coverage period shown on the C-3 k current certificate of coverage ends during the duration of the project; (6) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) Notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provisions of coverage of any person providing services on the project and sent the notice within 10 days after the person knew or should have known of the change;and (8) Contractually require each other person with whom it contracts to: (A) Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) Provide a certificate of coverage to it prior to that other person beginning work on the project; (C) Include in all contracts to provide services on the project the language in subsection (e)(3)of this rule; (D) Provide, prior to the end of coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project (E) Obtain from each other person under contract to it to provide services on the project, and provide as required by its contract (i) a certificate of coverage, prior to the other person beginning work on the project;and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; C-31 (G) Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and (H) Contractually require each person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to the provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be sever able. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. Effective Date:September 1, 1994 C-3m 4. 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; 5. 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). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required (including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid Certificate of Insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10) days after execution of this Contract. The original Builder's Risk policy (if required) shall provide for fifteen (15) days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION C-4 Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to: (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b) the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code (Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the City of Port Arthur, and be exempt from sales tax. C-5 Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for: (1) non- consumable materials and equipment that are permanently incorporated into the project; and, (2) charges for skill, labor and consumable materials, tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur, project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur,. C-6 The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.) are not eligible for exemption and are not to be included in the statement as "Non-Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from, the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT C-7 Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. The OWNER can award the contract to a Bidder whose principal place of business is located in the City of Port Arthur and whose bid is within 5% of the lowest bid price. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. C-8 16. RETAINAGE Ten percent (10%) {five percent (5%) if the total contract exceeds Twenty-five Thousand Dollars [$25,000]} of the amount of each periodic progress payment shall be retained by OWNER until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 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, May 18, 2017 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-9 SECTION D BID BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR, TEXAS 77640 Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of Texas, doing business as * , and acting by and through , to the CITY OF PORT ARTHUR, Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE 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 270 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 S500 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 54 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: *Insert "a corporation," "a partnership," or "an individual" as applicable. 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H Z LL Z _i W W 0' m N -t L C' N z H 0 N o_ rx cl cx W 0 0 0 I- 0 in o_ a CL p Lu p LU CC ILI /.-N m 0_ a a LU CC C V) cin cci) O ccn Q m J CL Q 0.. v 0 U- H H Q z D 0 VW (/) Q c0 Q- r W Q Q O O E O U so '0 ' J Q W0 co co co O Lij~ O O O O ~ J Q H 0 I- U) < <A- v) i i i N C C rt 4-' N N N w 0 0 p U 0 U 1- 1.- E - HE W D 0 ((0 E } Fl i H a) rt Z b U D 0 0 0 a) d c d c d I— = W U E D a — U) v)- 1-- 2 z 0 Q Q N in o E H to `n o 0' — N (I) +-, 0 ra C L Y N ice+ Q 2 Q O Lu w H D C Z ^ Z 0 p al 0 0 (7) _ F- Z_ < 0 w co N 0 U ON LU (ii ill H a) W c,-) Z 0 U Q — w Q 0 Z Z U 0 cr O 02 m 00 Cr CO LL s N U O O as Li) 0 LL Li_ W 0 0 Q CO LU 0 0 d 0 _p W 0 Q Q v I— IL CO JN M H H Q 0 O O O Z Z [Q O O O D D w W 0 0 C.) o H 2 2 W0 0 0 Q Q p O Z o '0 J _I W Q Q W H H H ~ OU Q o 0 o H H SUBSTITUTIONS 1. No Bid (Add) (Deduct) $ 2. No Bid (Add) (Deduct) $ Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing, shoring, removal, overhead, profit, insurance, etc. to cover the finished work of the several kinds called for. The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID with Substitution(s) or TOTAL AMOUNT BID plus any Alternate(s) described above which is most advantageous to the OWNER. The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the Contractor. Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure payment for all labor and materials. The bid security attached, without endorsement, in the sum of no less than five percent (5%) of the amount bid, is to become the property of THE CITY OF PORT ARTHUR, TEXAS, in the event the contract and bonds are not executed within the time above set forth, as liquidated damages without limitation. Respectfully submitted: D-16 (NAME OF CONTRACTOR) (ADDRESS) BY: (TELEPHONE NUMBER) TITLE: (LICENSE NUMBER IF APPLICABLE) DATE: Wednesday, May 31,2017 (SEAL,IF BIDDER IS A CORPORATION) (ATTEST) D-17 CITY OF PORT ARHTUR EXCEPTION /APPROVED EQUAL REQUEST [Please submit this form for each exception/approved equal] VENDOR: TELEFAX: PROJECT: PAGE: of PARAGRAPH: SUBJECT: REQUEST: Signature FOR CITY OF PORT ARTHUR USE ONLY APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR REP D-18 AFFIDAVIT [RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL] 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. I hereby certify that I do have outstanding debts with the City of Port Arthur, and agree to pay said debts prior to execution of this Agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: , TITLE: ADDRESS: CITY/STATE/ZIP: TELEPHONE NUMBER: SIGNATURE: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public in and for the State of Signature My Commission Expires: D-19 SECTION E BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of 20 . The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the NOW,THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall E-1 in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers, the day and year first set forth above. (L.S.) PRINCIPAL SURETY BY: IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. E-2 SECTION F GENERAL CONDITIONS NUMERICAL INDEX TO GENERAL CONDITIONS TITLE PARAGRAPH Contract and Contract Documents 1 Definitions 2 Termination of Contract for Cause 3 Personnel 4 Reports and Information 5 Records and Audits 6 Findings Confidential 7 Copyright 8 Compliance with Laws 9 Interest of Members of City 10 Interest of Other Local Public Officials 11 Interest of Contractor and Employees 12 Incorporation of Provisions Required by Law 13 Certificates and Permits 14 Guarantee of Work 15 Additional Instructions and Detail Drawings 16 Shop or Setting Drawings 17 Materials, Services and Facilities 18 CONTRACTOR'S Title to Materials 19 Inspection and Testng of Materials 20 "Or Equal" Clause 21 Patents 22 Surveys 23 CONTRACTOR'S Obligations 24 F-i TITLE PARAGRAPH Insurance 25 Special Conditions Pertaining to Hazards, Safety Standards, and Accident Prevention 26 Suspension of Work 27 Safety and Health Regulations for Construction 28 Use and Occupancy Prior to Acceptance by Owner 29 Use of Premises and Removal of Debris 30 Quantities of Estimate 31 Lands and Rights-of-Way 32 Notice and Service Thereof 33 Separate Contract 34 Subcontracting 35 Architect/Engineer's Authority 36 Meaning of Intent 37 Contract Security 38 Additional or Substitute Bond 39 Assignments 40 Mutual Responsibility of CONTRACTORS 41 Acceptance of Final Payment Constitutes Release 42 Payments by Contractor 43 Construction Schedule and Periodic Estimates 44 Payments to Contractor 45 Correction of Work 46 Subsurface Conditions Found Different 47 Claims for Extra Cost 48 Changes in Work 49 Extras 50 Time for Completion and Liquidated Damages 51 F-ii TITLE PARAGRAPH Weather Conditions 52 Protection of Work and Property/ Emergency 53 Inspection 54 Superintendence by Contractor 55 Underpayments of Wages or Salaries 56 Employment of Certain Persons Prohibited 57 Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision 58 Fringe Benefits Not Expressed as Hourly Wage Rates 59 Posting Wage Determination Decisions and Authorized Wage Deductions 60 Complaints, Proceedings or Testimony by Employees 61 Claims and Disputes Pertaining to Wage Rates 62 Payrolls and Basic Payroll Records of Contractor and Subcontractors 63 Specific Coverage of Certain Types of Work by Employees 64 Ineligible Subcontractors 65 Provisions to be Included in Certain Subcontracts 66 Breach of Foregoing Wage Standards and Rates Provisions 67 Equal Employment Opportunity 68 Civil Rights Act of 1964 69 Conflicting Conditions in Contract Documents 70 Indemnification 71 A.I.A. General Conditions 72 Delays 73 Maintenance of Work 74 Antitrust 75 Federal Labor Standards Provisions 76 Delay, Disruptions or Other Claims 77 F-iii GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and Paragraph 1 of the Supplemental General Conditions, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The Table of Contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit, or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or City of Port Arthur. b. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at) the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur. e. "CPA": Refers to the City of Port Arthur. f. "ENGINEER": Arceneaux Wilson & Cole LLC, Port Arthur, Texas 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR, shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, F-1 models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of, or have any contractual relationship with, the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR, or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. F-2 These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three (3) years after the expiration of this Contract, unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential, and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the Federal, State and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY No member of the governing body of the City of Port Arthur, and no other Officer, Employee or Agent of the City of Port Arthur, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES F-3 The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. INCORPORATION OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. 14. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR, CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 15. GUARANTEE OF WORK a. Neither the final certificate of payment, nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified, and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. F-4 b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this Paragraph shall be cumulative of, and not in limitation of, the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 16. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule; and, (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 17. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two (2) copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two (2) corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in, or approval given to, such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 18. MATERIALS. SERVICES AND FACILITIES F-5 a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 19. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 20. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to F-6 observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 21. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 22. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its Officers, Agents, Servants and Employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and/or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. c. If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for F-7 infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 23. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the CONTRACTOR all surveys necessary for the execution of the work. 24. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 25. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved. (See information to Bidders, Paragraph 5.) 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS, AND ACCIDENT PREVENTION (a) Danger Signals and Safety Devices (Modify as Required): F-8 The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition, sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. (b) Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, State and Federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his Employees under the Contract, the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or F-9 causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 29. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer, the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one (1) building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 30. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; F-10 e. Before final payment to remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 31. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 32. LANDS AND RIGHTS-OF-WAY Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 33. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address, or delivered in person to the said CONTRACTOR or his authorized representative on the work. 34. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the F-11 progress and the detail work of other CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTORS. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 35. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors, and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. 36. ARCHITECT / ENGINEER'S AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which F-12 are to be paid for under this Contract, and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 37. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 38. CONTRACT SECURITY If the Contract amount exceeds Fifty Thousand Dollars [$50,000.00], a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars [$100,000.00], a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent (100%) of the Contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 39. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 40. ASSIGNMENTS F-13 The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 41. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR or Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 42. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 43. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay (a) for all transportation and utility services no later than the thirty (30) calendar days from the date of submission to the City of Port Arthur, (b) for all materials, tools and other expendable equipment to the extent of ninety percent (90%) cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used; and (c) to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors' interest therein. F-14 44. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER: (a) a detailed estimate giving a complete breakdown of the Contract price; and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 45. PAYMENTS TO CONTRACTOR a. Not later than the thirty (30) calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain Five percent (5%) [five percent {5%} if the total contract price exceeds $25,000] of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted in the paragraph is subject to fluctuation due to the City Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer ten (00) working days prior to the next scheduled City Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. F-15 c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 46. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the F-16 Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 47. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 49 of the General Conditions. 48. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of Subparagraph 49(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 49. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; F-17 (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under (c.) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 50. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 51. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is a reasonable time for the completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted F-18 by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and providing that he has complied with the condition under 51(b). F-19 d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in Subsections (a.) and (b.) of this Article. It is also agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven (7) calendar days will be added to the contract time (or 1.4 calendar days added for each one (1) regular day of work lost). Fractional calendar days will be rounded to the nearest whole number of days. Provided, further, that the CONTRACTOR shall, within ten (10) days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in Paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 52. WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. 53. PROTECTION OF WORK AND PROPERTY - EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall F-20 notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in Paragraph 49 of the General Conditions. 54. INSPECTION The authorized representatives and agents of the OWNER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 55. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 56. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wage determination. F-21 57. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 58. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage determination by the OWNER. 59. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. 60. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions, with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 61. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES F-22 Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter. 63. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. The CONTRACTOR and each Subcontractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the OWNER. Such representative shall be permitted to interview employees of the CONTRACTOR of any Subcontractors during working hours on the job. 64. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of material and supplies to or from the site of the project or program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons employed by the CONTRACTOR or by an Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which the wage provisions of this Contract are applicable. 65. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. 66. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS F-23 The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these wage provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontractors which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 67. BREACH OF FOREGOING WAGE STANDARDS AND RATES PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontractor covers any of the work covered by this Contract, shall breach any of these wage standards and rates provisions. 68. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, the CONTRACTOR agrees as follows: (a) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicant for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, color or national origin. (c) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the labor union or workers representative of the CONTRACTOR'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. F-24 (d) The CONTRACTOR will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules and regulations and relevant orders of the Secretary of Labor. (e) The CONTRACTOR will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (f) In the event of the CONTRACTOR'S noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government Contracts or federally-assisted construction Contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor or as otherwise provided by law. (g) The CONTRACTOR will include the provisions or Paragraphs (a) through (g) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or purchase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for non-compliance: provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the Department of Housing and Urban Development, the CONTRACTOR may request the United States to enter into litigation to protect the interests of the United States. 69. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice & Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the City. 70. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS F-25 The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, special Bonds (if any), Proposal, Special Conditions (including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 71. INDEMNIFICATION The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits, judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgement, cost or expense: (a) Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, (b) Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by anyone of them for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 72. A.I.A. GENERAL CONDITIONS The General Conditions of the Contract for Construction, A.I.A. Document A201, 1987 Edition, as amended by current edition, of the American Institute of Architects, consisting of fourteen (14) Articles, Pages numbered 1 through 19, is hereby made a part of the Contract Documents of this project. Such A.I.A. General Conditions are cumulative to these General Conditions, but where any provision of said A.I.A. General Conditions are inconsistent F-26 or in conflict with these General Conditions, then these General Conditions shall prevail. All references to arbitration in said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Further, Subdivisions 2.2.3 and 2.2.4 of said A.I.A. General Conditions are deleted and of no force and effect for purposes of this Contract. Article 1.3 (Ownership and Use of Documents) of the A.I.A. General Conditions is hereby deleted. 73. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the City of Port Arthur, When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City of Port Arthur, to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City of Port Arthur; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 74. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, and work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under Paragraph F-27 15 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in Paragraph 15 as will arise under the laws of the State of Texas and such Paragraph 15 and without regard to the provisions of this Paragraph (Maintenance of Work), nor shall this Paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 15. 75. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arises under the antitrust laws of the United States, 15 U.S.C.A. Sec. 1, et sea. (1973). 76. FEDERAL LABOR STANDARDS PROVISIONS F-28 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Projector Program to which the construction work is performed. The wage determination work covered by his contract pertains is being (including any additional classification and wage assisted by the United States of America and the rates conformed under 29 CFR Part 5.5(a)(1)(ii) following Federal Labor Standards Provisions are and the Davis-Bacon poster (WH-1321) shall be included in this Contract pursuant to the posted at all times by the contractor and its sub- provisions applicable to such Federal assistance. contractors at the site of the work in a prominent and accessible, place where it can be easily seen A. 1.(i)Minimum Wages. All laborers and by the workers. mechanics employed or working upon the site of the work(or under the United States Housing Act (II) (a) Any class of laborers or mechanics of 1937 or under the Housing Act of 1949 in the which is construction or development of the project),will not listed in the wage determination and which is be paid unconditionally and not less often than to be employed under the contract shall be once a week, and without subsequent deduction classified in conformance with the wage or rebate on any account (except such payroll determination. HUD shall approve an additional deductions as are permitted by regulations classification and wage rate and fringe benefits issued by the Secretary of Labor under the therefore only when the following criteria have Copeland Act. (29 CFR Part 3),the full amount of been met wages and bona fide fringe benefits (or cash equivalents thereof @ due at time of payment (1) The work to be performed by the computed at rates not less than those contained classification in the wage determination of the Secretary of requested is not performed by a classification in Labor which is attached hereto and made a part the wage determination;and thereof, regardless of any contractual relationship which may be alleged to exist (2) The classification is utilized in the area by the between the contractor and such laborers and construction industryand mechanics. Contributions made or costs reasonably anticipated for bona fide fringe (3) The proposed wage rate, including any bona benefits under Section 1(b)(2) of the fide Bacon Act on behalf of laborers or mechanics are Davis- fringe benefits,bears a reasonable relationship to considered wages paid to such laborers or the wage rates contained in the wage mechanics, subject to the provisions of 29 CFR- determination. 5.5(a)(1)(iv); also, regular contributions made or (b) If the contractor and the laborers and costs incurred for more than a weekly period(but mechanics to be not less often than quarterly) under plans,funds, employed in the classification (if known),or their or programs, which cover the particular weekly representatives, and HUD or its designee agree period,are deemed to be constructively made or on the classification and wage rate(including the incurred during such weekly period. amount designated for fringe benefits where appropriate),a report of the action taken shall be Such laborers and mechanics shall be paid the sent by HUD or its designee to the Administrator appropriate wage rate and fringe benefits on the of the Wage and Hour Division, Employment wage determination for the classification of work Standards Administration, U.S. Department of actually performed without regard to skill,except Labor , Washington, D.C. 20210. The as provided in 29 CFR Part 5.5(a)(4). Laborers or Administrator, or an authorized representative, mechanics performing work in more than one will approve, modify, or disapprove y every classification may be compensated at the rate additional classification action within 30 days of specified for each classification for the time receipt and so advise HUD or its designee or will actually worked therein: Provided, that the notify HUD or its designee within the 30-day employer's payroll records accurately set forth period that additional time is necessary. the time spent in each classification in which (Approved by the Office of Management and F-29 Budget under OMB control number 1215-0140.) 2. Withholding. HUD or its designee shall upon (c) In the event the contractor, the laborers or its own mechanics action or upon written request of an authorized to be employed in the classification or their representative of the Department of Labor representatives, and HUD or its designee do not withhold or cause to be withheld from the agree on the proposed classification and wage contractor under this contract or any other rate(including the amount designated for fringe Federal contract with the same prime contractor, benefits,where appropriate),HUD or its designee or any other Federally-assisted contract subject shall refer the questions,including the views of all to Davis-Bacon prevailing wage requirements, interested parties and the recommendation of which is held by the same prime contractor so HUD or its designee, to the Administrator for much of the accrued payments or advances as determination. The Administrator, or an may be considered necessary to pay laborers and authorized representative, will issue a mechanics, including apprentices, trainees and determination within 30 days of receipt and so helpers, employed by the contractor or any advise HUD or its designee or will notify HUD or subcontractor the full amount of wages required its designee within the 30-day period that by the contractor in the event of failure to pay additional time is necessary. (Approved by the any laborer or mechanic, including any Office of Management and Budget under OMB apprentice, trainee or helper, employed or Control Number 1215-0140.) working on the site of the work (or under the United States Housing Act of 1937 or under the (d) The Wage rate (including fringe benefits Housing Act of 1949 in the construction or where development of the project), all or part of the appropriate) determined pursuant to wages required by the contract, HUD or its subparagraphs (1)(b) or (c) of this paragraph, designee may, after written notice to the shall be paid to all workers performing work in contractor, sponsor, applicant, or owner, take the classification under this contract from the such action as may be necessary to cause the first day on which work is performed in the suspension of any further payment, advance, or classification. guarantee of funds until such violations have ceased. HUD or its designee may, after written (III) Whenever the minimum wage rate notice to the contractor, disburse such amounts prescribed withheld for and on account of the contractor or In the contract for a class of laborers or subcontractor to the respective employees to mechanics includes whom they are due. The Comptroller General a fringe benefit which is not expressed as an shall make such disbursements in the case of hourly rate, the contractor shall either pay the direct Davis-Bacon Act contracts. benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an 3. (i) Payrolls and basic records. Payrolls and hourly cash equivalent thereof. basic records relating thereto shall be maintained (iv) If the contractor does not make by the contractor during the course of the work payments to a preserved for a period of three years thereafter trustee or other third person,the contractor may for all laborers and mechanics working at the site consider as part of the wages of any laborer or of the work(or under the United States Housing mechanic the amount of any costs reasonably Act of 1937,or under the Housing Act.Of 1949, in anticipated in providing bona fide fringe benefits the construction or development of the project). under a plan or program, Provided, That the Such records shall contain the name,address,and Secretary of Labor has found, upon the written social security number of each such worker,his or request of the contractor, that the applicable her correct classification, hourly rates of wages standards of the Davis Bacon Act have been met. paid (including rates of contribution or costs The Secretary of Labor may require the anticipated for bona fide fringe benefits or cash contractor to set aside in a separate account equivalents thereof of the types described in assets for the meeting of obligations under the Section (b)(2)(B) of the Davis-bacon Act), daily or and weekly number of hours worked,deductions planprogram. (Approved by the Office of Management and Budget under OMB Control made and actual wages paid. Whenever the Number 1215-0140.) Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or F-30 mechanic include the amount of any costs that such information is correct and complete; reasonably anticipated in providing benefits under a plan or program described in Section (2) That each laborer or mechanic (including 1(b)(2)(B)of the Davis-Bacon Act,the contractor each helper, apprentice, and trainee) employed shall maintain records which show that the on the contract during the payroll period has commitment to provide such benefits is been paid the full weekly wages earned,without enforceable, that the plan or program is rebate, either directly or indirectly, and that no financially responsible, and that the plan or deductions have been made either directly or program has been communicated in writing to indirectly from the full wages earned, other than the laborers or mechanics affected, and records permissible deductions as set forth in 29 CFR which show the costs anticipated or the actual Part 3; cost incurred in providing such benefits. Contractors employing apprentices or trainees (3) That each laborer or mechanic has been under approved programs shall maintain written paid not less than the applicable wage rates and evidence of the registration of apprenticeship fringe benefits or cash equivalents for the programs and certification of trainee programs, classification of work performed, as specified in the registration of the apprentices and trainees, the applicable wage determination incorporated and the ratios and wage rates described in the into the contract. applicable programs. (Approved by the Office of Management and Budget under OMB Control © The weekly submission of a properly Numbers 1215-0140 and 121500017.) executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the (ii) (a) The contractor shall submit weekly for requirement for submission of the"Statement of each week in which any contract work is Compliance" required by paragraph A.3.(ii)(b) of performed a copy of all payrolls to HUD or its this section. designee if the agency is a party to the contract, but if the agency is not such a party, the (d) The falsification of any of the above contractor will submit the payrolls to the certifications may subject the contractor or applicant sponsor, or owner, as the case may be, subcontractor to civil or criminal prosecution for transmission to HUD or its designee. The under Section 1001 of Title 18 and Section 231 of payrolls submitted shall set out accrately and Title 31 of the United States Code. completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This (iii) The contractor or subcontractor shall make information may be submitted in any form the records required under paragraph A.3.(I) of desired. Optional Form WH-347 is available for this section available for inspection, copying, or this purpose and may be purchased from the transcription by authorized representatives of Superintendent of Documents (Federal Stock HUD or its designee or the Department of Labor, Number 029-005-00014-1), U.S. Government and shall permit such representatives to Printing Office, Washington, DC. 20402. The interview employees during working hours on the prime contractor is responsible for the job. If the contractor or subcontractor fails to submission of copies of payrolls by all submit the required records or to make them subcontractors. (Approved by the Office of available, HUD or its designee may, after written Management and Budget under OMB Control notice to the contractor, sponsor, applicant or Number 1215-0149.) owner, take such action as may be necessary to cause the suspension of any further payment (b) Each payroll submitted shall be advance, or guarantee of funds. Furthermore accompanied by a "Statement of Compliance," failure to submit the required records upon signed by the contractor or subcontractor or his request or to make such records available maybe or her agent who pays or supervises the payment grounds for debarment action pursuant to 29 of the persons employed under the contract and CFR Part 5.12. shall certify the following: (Apprentices and Trainees. (1) That the payroll for the payroll period contains the information required to be (4) Apprentices. Apprentices will be permitted maintained under 29 CFR Part 5.5(a)(3)(i) and to work at F-31 less than the predetermined rate for the work (ii) Trainees. Except as provided in 29 CFR 5.16, they performed when they are employed trainees will not be permitted to work at less than pursuant to and individually registered in a bona the predetermined rate for the work performed fide apprenticeship program registered with the unless they are employed pursuant to and U.S. Department of Labor, Employment and individually registered in a program which has Training Administration, Bureau of received prior approval, evidenced by formal Apprenticeship and Training, or with a State certification by the U.S. Department of Labor, apprenticeship Agency recognized by the Employment and Training Administration. The Bureau, or if a person is employed in his or her ratio of trainees to journeymen on the job site first 90 days of probationary employment as an shall not be greater than permitted under the apprentice in such an apprenticeship program, plan approved by the Employment and Training who is not individually registered in the program, Administration. Every trainee must be paid at but who has been certified by the Bureau of not less than the rate specified in the approved Apprenticeship and Training or a State program for the trainee's level of progress, Apprenticeship Agency (where appropriate) to expressed as a percentage of the journeyman be eligible for probationary employment as an hourly rate specified in the applicable wage apprentice. The allowable ratio of apprentices to determination. Trainees shall be paid fringe journeymen on the job site in any craft benefits in accordance with the provisions of the classification shall not be greater than the ratio trainee program. If the trainee program does not permitted to the contractor as to the entire work mention fringe benefits, trainees shall be paid force under the registered program. Any worker the full amount of fringe benefits listed on the listed on a payroll at an apprentice wage rate, wage determination unless the Administrator of who is not registered or otherwise employed as the Wage and Hour Division determines that stated above, shall be paid not less than the there is an apprenticeship program associated applicable wage rate on the wage determination with the corresponding journeyman wage rate on for the classification of work actually performed. the wage determination which provides for less In addition, any apprentice performing work on than full fringe benefits for apprentices. Any the job site in excess of the ratio permitted employee listed on the payroll at a trainee rte under the registered program shall be paid not who is not registered and participating in a less than training plan approved by the Employment and the applicable wage rate on the wage Training Administration shall be paid not less than determination for the actually performed. the applicable wage rate on the wage Where a contractor is performing construction determination for the work actually performed. on a project in a locality other than that in which In addition, any trainee performing work on the its program is registered, the ratios and wage job site in excess of the ratio permitted under rates (expressed in percentages of the the registered program shall be paid not less journeyman's hourly rate) specified in the than the applicable wage rate on the wage contractor's or subcontractor's registered determination for the work actually performed. program shall be observed. Every apprentice In the event the Employment and Training must be paid at not less than the rate specified in Administration withdraws approval of a training the registered program for the apprentice's level program the contractor will no longer be of progress expressed as a percentage of the permitted to utilize trainees at less than the journeymen hourly rate specified in benefits in applicable predetermined rate for the work accordance with the provisions of the performed until an acceptable program is apprenticeship program. If the apprenticeship approved. program does not specify fringe benefits, the (ii) Equal employment opportunity. The wage determination for the applicable utilization of classification. If the Administrator determines apprentices,trainees and journeymen under this that a different practice prevails for the applicable apprentice classification, fringes shall part shall be in conformity with the equal be paid in accordance with the determination. In employment requirements of Executive Order the event the Bureau of Apprenticeship and 11246,as amended,and 29 CFR Part 30. Training, or a State Apprenticeship Agency 5. Compliance with Copeland Act requirements. recognized by the Bureau,withdraws approval of The contractor shall comply with the an apprenticeship program,the contractor will no requirements of 29 CFR Part 3 which are longer be permitted to utilize apprentices at less incorporated by reference in this contract. than the applicable predetermined rate for the work performed until an acceptable program is 6. Subcontracts. The contractor or approved. subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other F-32 clauses as HUD or its designee may be 1001. Additionally, U.S. Criminal Code, Section 1 appropriate instructions require,and also a clause 01 0, Title 18, U.S.C. "Federal Housing requiring the subcontractors to include these Administration transaction", provides in in part clauses in any lower tier subcontracts. The prime 'Whoever, for the purpose of . . . influencing in contractor shall be responsible for the any way the action of such compliance by any subcontractor or lower tier Administration......makes,utters or publishers any subcontractor with all the contract clauses in 29 statement knowing the same to be false..... shall CFR Part 5.5. be fined not more than$5,000 or imprisoned not more than two years,or both." 7. Contract termination;debarment. A breach of the contract clauses in 29 CFR 5.5 may be 11. Complaints,Proceedings,or Testimony by grounds for termination of the contract and for Employees. No laborer or mechanic to whom the debarment as a contractor and a subcontractor wage, salary, or other labor standards provisions as provided in 29 CFR 5.12. of this Contract are applicable shall be discharged or in any other manner discriminated 8. Compliance with Davis-Bacon and Related against by the Contractor or any subcontractor Act because such employee has filed any complaint Requirements. All rulings and interpretations of or instituted or caused to be instituted any the Davis-Bacon and Related Acts contained in proceeding or has testified or is about to testify 29 CFR Parts 1, 3, and 5 are herein incorporated in any proceeding under or relating to the labor by reference in this contract. standards applicable under this Contract to his employer. 9. Disputes concerning labor standards. Disputes arising out of the labor standards B. Contract Work Hours and Safety Standards provisions of this contract shall not be subject to Act. As the general disputes clauses of this contract. used in this paragraph the terms "laborers" and Such disputes shall be resolved in accordance "mechanics"include watchmen and guards. with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes (1) Overtime requirements. No contractor or within the meaning of this clause include sub-contractor contracting for any part of the disputes between the contractor (or any of its contract work which may require or involve the subcontractors)and HUD or its designee,the U.S. employment of laborers or mechanics shall Department of Labor, or the employees or their require or permit any such laborer or mechanic in representatives. any work week in which he or she is employed on such work to work in excess of eight hours in such 10. (i) Certification of Eligibility. By entering work week unless such laborer or mechanic into this receives compensation at a rate of pay for all contract the contractor certifies that neither it hours worked in excess of eight hours in any (nor he or she)nor any person or firm who has an calendar day or in excess of forty hours in such interest in the contractor's firm is a person or firm workweek,whichever is greater. ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act (2) Violation; liability for unpaid wages; or 29 CFR 5.12(a)(1) or to be awarded HUD liquidated contracts or participate in HUD programs damages. In the event of any violation of the pursuant to 24 CFR Part 24. clause set forth in subparagraph (1) of this paragraph,the contractor and any subcontractor (ii) No part of this contract shall be responsible therefor shall be liable for the unpaid subcontracted wages. In addition, such contractor and to or firm ineligible for award of a Government subcontractor shall be liable to the United States contract by virtue of Section 3(a) of the Davis- (in the case of work done under contract for the Bacon Act or 29 CFR 5.12(a)(1)or to be awarded District of Columbia or a territory,to such District HUD contracts or participate in HUD programs or to such territory), for liquidated damages. pursuant to 24 CFR Part 24. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, (iii) The penalty for making false statements is including watchmen and guards, employed in prescribed in the U.S. Criminal Code, 18 U.S.C. violation of the clause set forth in subparagraph F-33 (1) of this paragraph, in the sum of $10 for each shall be responsible for compliance by any calendar day on which such individual was subcontractor or owner tier subcontractor with required or permitted to work in excess of eight the clauses set forth in subparagraphs (1) hours or in excess of the standard workweek of through(4)of this paragraph. forty hours without payment of the overtime wages required by the clause set forth in sub C. Health and Safety paragraph(1)of this paragraph. (1) No laborer or mechanic shall be required to (3) Withholding for unpaid wages and work in liquidated surroundings or under working conditions which damages. HUD or its designee shall upon its own are unsanitary, hazardous, or dangerous to his action or upon written request of an authorized health and safety as determined under representative of the Department of Labor construction safety and health standards withhold or cause to be withheld, from any promulgated by the Secretary of Labor by moneys payable on account of work performed regulation. by the contractor or subcontractor under any such contract or any other Federal contract with (2) The Contractor shall comply with all the same prime contract, or any other Federally- regulations issued by the Secretary of Labor assisted contract subject to the Contract Work pursuant to Title 29 Part 1926 (formerly part Hours and Safety Standards Act which is held by 1518) and failure to comply may result in the same prime contractor such sums as may be imposition of sanctions pursuant to the Contract determined to be necessary to satisfy any Work Hours and Safety Standards Act. (Public liabilities of such contractor or subcontractor for Law 91-54,83 Stat 96). unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) (3) The Contractor shall include the provisions of this paragraph. of this Article in every subcontract so that such provisions will be binding on each subcontractor. (4) Subcontracts. The contractor or The Contractor shall take such action with subcontractor shall insert in any subcontracts the respect to any subcontract as the Secretary of clauses set forth in subparagraph (1)through (4) Housing and Urban Development or the of this paragraph and also a clause requiring the Secretary of Labor shall direct as a means of subcontractors to include these clauses in any enforcing such provisions. lower tier subcontracts. The prime contractor 77. DELAY, DISRUPTION OR OTHER CLAIMS Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the City of Port Arthur, and to the ENGINEER promptly (but in no case later than ten [10] calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the City of Port Arthur, and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. F-34 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE LABOR CLASSIFICATION AND MINIMUM WAGE SCALE A. GENERAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, Page 91, Chapter 45, provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate of per diem wages which shall be paid for each craft type of workman. This Article further provides that the CONTRACTOR shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after full investigation by the awarding body, the amount of this penalty in any payment that might be claimed by the CONTRACTOR or Subcontractor. The Act makes the CONTRACTOR responsible for the acts of the Subcontractor in this respect. The Article likewise requires that the CONTRACTOR and Subcontractor keep an accurate record of the names and occupations of all persons employed by him and show the actual per diem wages paid to each worker, and these records are open to the inspection of the OWNER. B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto. G-1 LABOR CLASSIFICATION AND MINIMUM WAGE SCALE General Decision Number:TX170056 01/06/2017 TX56 Superseded General Decision Number:TX20160056 State:Texas Construction Type: Highway Counties:Austin, Brazoria,Chambers, Fort Bend,Galveston, Hardin, Harris,Jefferson, Liberty, Montgomery,Orange,San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects& railroad construction; bascule,suspension&spandrel arch bridges designed for commercial navigation,bridges involving marine construction; and other major bridges). Note: Under Executive Order(EO)13658,an hourly minimum wage of$10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1,2015. If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017.The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 * SUTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER(Paving and Structures) $12.98 ELECTRICIAN $ 27.11 FORM BUILDER/FORM SETTER Paving &Curb $12.34 Structures $12.23 LABORER G-2 Asphalt Raker $ 12.36 Flagger $10.33 Laborer,Common $11.02 Laborer, Utility $11.73 Pipelayer $12.12 Work Zone Barricade Servicer $11.67 PAINTER (Structures) $18.62 POWER EQUIPMENT OPERATOR: Asphalt Distributor $14.06 Asphalt Paving Machine......$14.32 Broom or Sweeper $12.68 Concrete Pavement Finishing Machine $13.07 Concrete Paving,Curing, Float,Texturing Machine....$11.71 Concrete Saw $13.99 Crane, Hydraulic 80 Tons or less $ 13.86 Crane, Lattice boom 80 tons or less $14.97 Crane, Lattice boom over 80 Tons $15.80 Crawler Tractor $13.68 Excavator,50,000 pounds or less $12.71 Excavator,Over 50,000 pounds $14.53 Foundation Drill,Crawler Mounted $17.43 Foundation Drill,Truck Mounted $15.89 Front End Loader 3 CY or Less $13.32 Front End Loader,Over 3 CY.$13.17 Loader/Backhoe $14.29 Mechanic $16.96 Milling Machine $13.53 Motor Grader, Fine Grade....$15.69 Motor Grader, Rough $14.23 Off Road Hauler $14.60 Pavement Marking Machine....$11.18 Piledriver $14.95 Roller,Asphalt $11.95 Roller, Other $11.57 Scraper $13.47 Spreader Box $ 13.58 Servicer $13.97 Steel Worker Reinforcing Steel $15.15 Structural Steel Welder $ 12.85 G-3 Structural Steel $ 14.39 TRUCK DRIVER Low Boy Float $16.03 Single Axle $11.46 Single or Tandem Axle Dump..$11.48 Tandem Axle Tractor w/Semi Trailer $ 12.27 WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order(EO)13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. If this contract is covered by the EO,the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness,injury or other health-related needs, including preventive care;to assist a family member(or person who is like family to the employee)who is ill, injured, or has other health-related needs, including preventive care;or for reasons resulting from,or to assist a family member(or person who is like family to the employee)who is a victim of,domestic violence,sexual assault,or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination.The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is a union rate(current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU"or "UAVG"denotes that the union classification and rate were prevailing for that classification in the survey. Example: G-4 PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification,which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198.The next number, 005 in the example, is an internal number used in processing the wage determination.07/01/2014 is the effective date of the most current negotiated rate,which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the"SU"identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey,it may include both union and non-union rates. Example:SULA2012-007 5/13/2014.SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana.2012 is the year of survey on which these classifications and rates are based.The next number, 007 in the example, is an internal number used in producing the wage determination.5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications;however,100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state.The next number,0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year,to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS G-5 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance(additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys,should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here,initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes,then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description,area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION G-6 SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled: PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE, Job No. CPA- 826, 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 PLANS FOR PROPOSED CITY STREET IMPROVEMENTS ALONG BLUEBONNET AVENUE. 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 Typical Cross Sections 3-4 Legend and Construction Notes 5 Summary Sheet 6-25 Traffic Control Plans 26-29 TXDOT Traffic Control Plan Details 30-31 TXDOT Low Profile Concrete Barrier Details 32-34 Demolition Plan 35-39 Plan and Profiles 40-43 Cross Sections 44 Construction Details 45 TXDOT Worksheet for Edge Condition Treatment Types 46 TXDOT Jointed Reinforced Concrete Pavement Details 47-48 TXDOT Concrete Pavement Details Contraction Design 49-50 TXDOT Continuously Reinforced Concrete Pavement 51 TXDOT Concrete Paving Details - Joint Seals 52-53 TXDOT Repair on Concrete Pavement 54-56 SW3P (Storm Water Pollution Prevention Plan) 57 SW3P Index 58-61 TXDIT Temporary Erosion, Sediment and Water Pollution Control Measures 62-64 Striping Plans 65-67 TXDOT Typical Standard Pavement Markings H-1A 68-71 TXDOT Pedestrian Facilities 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 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. H-2A H-3A 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 AC/ 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 A/5/ American Iron and Steel Institute API American Petroleum Institute /PCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society H-IB PC/ Prestressed Concrete Institute A/SC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer, stake out work, establish elevations, and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by H-2B Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins 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. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. H-3 B 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. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. 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. Anv drawings submitted without H-4B 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. 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 81-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 81/2-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. H-5 B 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. 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, H-6B 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 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 H-7B corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. U. VIDEO AND PHOTOGRAPHS. Arceneaux Wilson & Cole LLC and City of Port Arthur reserves the right to document the construction phase of the Sabine-Neches Waterway Direct Pipe either through photographs and/or videotaping. H-8B SECTION I PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of Port Arthur of County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur, Port Arthur Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of 20_, entered into a formal contract with the City of Port Arthur for , 20 which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. I-I IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 20 . CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. I-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , 2000, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER J-1 from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 20 . ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address J-2 NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. J-3 SECTION K ROADWAY REPAIR BOND (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "ROADWAY REPAIR BOND" HERE SECTION L NOTICE OF AWARD (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE OF AWARD" HERE SECTION M 1 NOTICE TO PROCEED (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE TO PROCEED"HERE SECTION N INSURANCE (THIS PAGE INTENTIONALL YLEFT BLANK) INSERT"INSURANCE DOCUMENTS"HERE SECTION 0 GENERAL NOTES AND TECHNICAL SPECIFICATIONS General Notes and Specifications General Notes: 1. The contractor will establish the project control point,points of tangency,pi's(points of intersections),point of curvature(pc,pi and pt)and bench mark at the beginning and end of the project. 2. The contractor shall furnish all lines,grades and benchmarks,other than those specified above. Notify the Engineer immediately if discrepancies are discovered in the horizontal control or the benchmark data. 3. References to manufacturer's trade name or catalog numbers are for the purpose of identification only. Similar materials from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project,and are approved,except for roadway illumination,electrical,and traffic signal items. 4. The lengths of the posts for ground mounted signs are approximate.Verify the lengths before ordering these materials to meet the existing field conditions and to conform to the minimum sign mounting heights shown in the plans. 5. Unless otherwise shown on the plans or otherwise directed,commence work after sunrise and ensure construction equipment is off the road by sunset. 6. Do not mix or store materials,or store or repair equipment, on top of concrete pavement or bridge decks unless authorized by the Engineer. Permission will be granted to store materials on surfaces if no damage or discoloration will result. 7. Assume ownership of debris and dispose of at an approved location offsite by contractor at no additional pay.Do not dispose of debris on private property unless approved in writing by the Engineer. 8. Contractor shall water construction area a minimum of 3 times per day or as directed by the Engineer or Owner. 9. Control the dust caused by construction operations.For sweeping the finished concrete pavement, use one of the following types of sweepers or equal: Tricycle Type Truck Type-4 Wheel Wayne Series 900 M-B Cruiser II Elgin White Wing Wayne Model 945 Elgin Pelican Mobile TE-3 Mobile TE-4 Murphy 4042 10. Schedule construction operations such that preparing individual items of work follows in close 0-1 sequence to constructing storm drains in order to provide as little inconvenience as practical to the businesses and residents along the project. 11. Contractor shall limit his work zone for pavement demolition and concrete placement as shown in Traffic Control Plans by each phase. 12. Schedule work so that the base placement operations follow the subgrade work as closely as practical to reduce the hazard to the traveling public and to prevent undue delay caused by wet weather. 13. When design details are not shown on the traffic control plans, modifications to the proposed traffic control plan to meet site conditions by either adding more detour,warning and traffic signs as approved by the engineer shall not be paid for separately but shall be considered subsidiary to the traffic control bid items.Temporary pavement markings will be paid for under its unit bid item cost. Signs and arrows shall conform to the latest"Standard Highway Sign Designs for Texas"manual. 14. City forces will maintain the existing section of streets and its appurtenances not a part of this project except that those sections damaged by the contractor's forces shall be repaired by the contractor at his entire expense. 15. The contractor shall be responsible for all maintenance of the travel way and appurtenances within the barricades for the duration of the project.No direct payment will be made for maintenance of the travel way and appurtenances within the barricades, but shall be subsidiary to various bid items. 16. All authorized waste material shall become the property of the contractor and shall be disposed of at a place off the right-of-way and approved by the engineer. 17. The contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. 18. The contractor shall allow city forces to enter this project to accomplish such work as shown in the plans(by others)and as may be deemed necessary by the engineer. 19. All drainage structures shall be cleaned and outfall channels unobstructed at the time of acceptance by the city. 20. Ingress and egress to adjacent property shall be maintained by the contractor at all times. 21. Unless otherwise provided,the owner shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the owner and the contractor shall bear all related costs of test inspections and approvals.The contractor shall give the engineer timely notice of when and where tests and inspections are to be made so that the engineer may be present for such procedures.All testing shall be in accordance with the test methods provided for under the appropriate standard specifications for the various items. 22. Contractor shall notify City of Port Arthur Emergency Management prior to any road closures. 23. The approximate locations of the known underground utility installations are shown on the plans. 0-2 The contractor shall be responsible for confirming the exact location of these utility lines and of any others which may exist. It shall be the contractor's responsibility to notify the utility involved in case of conflict or damage and the contractor shall be held responsible for any damage that occurs due to negligence. Where the contractor encounters abandoned lines that interfere with the construction of this project,such lines shall be removed and disposed of by the contractor.There will be no direct payment for this work and it shall be considered subsidiary to the various bid items in the contract. Before excavating near existing utilities,contact the utility companies or the utility coordinating committee for exact locations to prevent damage or interference with present facilities.Notify the utility coordinating committee and the Texas One Call System at the following numbers: Texas Gas Service 409-963-7125 Entergy Mr.Phillip Scott 409-982-5830 AT&T Mr.Hayward Green (Port Arthur) 409-839-7887 Time Warner Communications Mr. Hercel Stracener 409-720-5501 City of Port Arthur Director of Utility Operations Dr.Jimmie Johnson 409-983-8226 Utility Operations Mr.Donnie Stanton 409-983-8226 Public Works Director&City Engineer Mr.Armando Gutierrez,Jr.PE 409-983-8227 Emergency Services 409-983-8600 Texas Department of Transportation Mr.Kevin Grissom 409-924-6528 Jefferson County Drainage District No. 7 Mr. Phil Kelley 409-985-4369 Texas One Call System 1-800-245-4545 Dig-Tess 1-800-344-8377 This action does not relieve the Contractor of the responsibilities under the terms of the contract or the plans and specifications.Damage caused by the Contractor's operations shall be repaired and restored to service in a timely manner at no expense to the City. 24. Notify the Engineer at least 48 hours before constructing junction boxes at intersections of storm drains and utilities. 25. Install or remove poles,street lights and luminaires located near overhead or underground electrical lines using established industry and utility safety practices.Consult the appropriate utility company before beginning such work. 0-3 26. If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the City. 27. If working near power lines,comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved. 28. Perform electrical work in conformance with the National Electrical Code(NEC)and City standard sheets. 29. All materials, labor and incidentals required for the contractor to provide for traffic across the streets and for temporary ingress and egress to private property shall be furnished by the contractor at no additional cost to the city and shall be considered as incidental to the various bid items in this project. 30. The contractor shall furnish a certified tabulation of measurements,tare weights and allowable legal gross weight calculations for all trucks,etc., prior to their use on the project. Each truck shall be identified by a permanent and plainly legible number located on the truck and on the bed of the truck and/or trailer. 31. Any storm water permit and associated fees required for construction of this project shall be at the contractor's expense.Also,any temporary erosion,sediment and water control measures required shall be in accordance with the details shown in the plans and all work and materials required shall be paid for under the item"Temporary Erosion, Sedimentation&Environmental Controls". 32. Storm water grading permit is required for this project and shall be filed by the contractor at the contractor's expense. 33. Procure all the necessary city and/or state permits and licenses before the start of this project. 34. Prepare,maintain and submit for approval,a project schedule using CPM or similar project planning method.Also,submit contractor's contact personnel's telephone or cell phone numbers in case of emergencies during and after working hours. 35. Move existing signs, mailboxes, delineators and any other similar obstructions that interfere with construction to temporary locations approved by the engineer. Move them back to their permanent positions when the work progresses to the point where this is possible. Place the sign post back in accordance with the applicable standard sheets. (Pozloc System). This will not be paid for directly and will be considered subsidiary to various bid items. 36. The contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. The contractor will provide all necessary labor, equipment, temporary conveyance materials and all other incidentals and cost associated with this task to prevent flooding of roadway pavements, roadside ditches and properties on areas were construction work has started and/or on areas within project limits that will affect public safety and property damage during a storm event. Storm water will be conveyed and discharged into existing and new storm sewer structures. This work will not be measured or paid for directly but will be subsidiary to pertinent items. On areas within scope of work where water is ponding and or flooding during a rain event and as directed by the engineer, the contractor shall provide drainage and maintain temporary drainage structures and facilities which are necessary to facilitate drainage. All 0-4 incidental labor, equipment, temporary material and incidental cost will not be measured or paid for directly but will be subsidiary to pertinent items. 37. The approximate location of the known underground utility installations is as shown on the plans. Confirm the location of these utility lines and the exact location of any others which may exist. Assume full responsibility of the notification to the utility involved in case of conflict or damage and he/she shall be responsible for damage that occurs due to his/her negligence. Remove and dispose of abandoned lines encountered that interfere with the construction of this project. Consider this work to be subsidiary to the various bid items of the contract. 38. Care shall be taken when moving existing property irrigation or sprinkling water facilities and its appurtenances that interfere with construction. Contractor shall temporarily relocate or disassemble,disable, and plug these facilities at their temporary location. Contractor shall restore, reconnect and activate property irrigation or sprinkling facilities its original condition or better when work is completed. This work will not be measured or paid for directly but will be subsidiary to pertinent items. 0-5 ITEM 5: CONTROL OF WORK Any earthwork cross-sections,computer printouts,data files and any other information provided is for non-construction purposes only and it is the responsibility of the prospective bidder to validate the data with the appropriate plans, specifications and estimates for the projects. Contact the City of Port Arthur located at 444 4th Street(409)983-8600 for information on availability. ITEM 7: LEGAL RELATIONS AND RESPONSIBILITIES Furnish all materials, labor and incidentals required to provide for traffic across the highway and for temporary ingress and egress to private property in accordance with article 7.7 of the standard specifications at no additional cost to the City. This shall be incidental to the bid items on this project. ITEM 8: PROSECUTION AND PROGRESS Gather information and direct attention to the aspects of adjoining projects that may be in progress during the construction of a portion of this project. Plan and prosecute the sequence of construction and the traffic control plan with adjacent construction projects so as not to interfere with, or hinder the completion of the work in progress on the adjoining projects. Coordinate projects to ensure an uninterrupted flow of traffic. Substantially complete the project in 270 calendar days. The road-user cost liquidated damages is$500.00 per day. 0-6 BID ITEM NOTES ITEM 100: PREPARING ROW Prepare the right of wa :-: :- -disposing of all obstructions in areas where Proposed ROW is shown. This item also includes removing all obstructions, and pruning trees and shrubs for construction operations that are not specifically shown on the plans on existing ROW. ITEM 104: REMOVING CONCRETE All concrete (driveway-, -. . - , .. - . _ _ __ _ _ _ __ _ connection points to existing pavements. Saw cutting of all concrete (driveways, curb and gutter, pavements, etc) and as directed by the engineer for removing concrete will not be measured or paid for directly but will be subsidiary to pertinent items. Replace that portion oft-- :: - : _ - - - - '- _ * ' - _— - flexible base and one (1) inch of asphaltic concrete pavement. This work will be considered subsidiary to this item of the contract. All asphalt and rock dri -- . . _- '. _ _ _ All driveways shown in : :.-- - ' . . .. _ '_ . _ ITEM 105: REMOVING STABILIZED BASE AND ASPHALT PAVEMENT All stabilized base and . . . . ' , .. _ , - -. ' -_ - _ .- - _ __ . connection points to existing pavements. All asphalt and rock dri. - • ' . - . . _. . __ '. .-. _ - _ ._ _ _ ._ _ and rock depths will vary and will be measured and paid for according to this item. All driveways shown in puns will be rcrn—d cp to t - of ITEM 110: EXCAVATION All excavated material not used on this Jet ,Anwii is., Pit., = = e� disposed of at a site approved by the engineer. There will be no direct payment for hauling of excess excavated material, but shall be considered subsidiary to the item 110 "Excavation". Excavation shall be a pl: -- :.: '- :-. _ ' . - _ - -_ ---_- - _ __ as shown in the proposal sheet. Additional compensation will be considered for extra excavation due to field change which effects the total quantity more than 5%. The total excavation quantity show. en tl.c pla.i„ ,eis the back of the proposed curb as shown on the typical sections. 0-7 Item 132: EMBANKMENT Provide Type A emba --- - .' . The work performed a-: --: - - . ' . ' .___ .. __ ' _ _ _ __ _ __ _ provided under"Measurement"will be paid for at unit price bid for Embankment(Final)". Compaction method is spcci" ,,,,;ty oateerl ��rreneeel2ez.. For areas to receive see. : -::, . : •. . • _ .-- _ vegetation(top soil). ITEM 162: SODDING FOR EROSION CONTROL This item is an alternate to be bid in pfeeC., of l+ a 1.6.4, "6,.,d EoEi,gaimnOerti�eel". Place St. Augustine blo :: : . . . . _ _ . . _ _ __ paved within the right-of-way) Should areas of natural = : • - . :- - -. such areas shall be eliminated upon approval of the engineer. The contractor shall ma' - : ... . . . . _ . . _ _ ' _ _ _ ' ._ no direct payment for this work but it will be considered subsidiary to Item 162, "Sodding for Erosion Control". ITEM 164: SEEDNG FOR EROSION CONTROL Contractor will use St. Augustin, as 3p,-,rfi.,d n teem 1404 6e.. Afe, OPR I" accordance with the seed mix and rates as outlined for Permanent Urban Clay in the Beaumont or Houston District, over graded areas as shown on the plans. (all disturbed areas not paved within the right-of-way) Distribute seed mixtur- . ' : - .. . _ _ - ' _ _ _ _ ___' _ method. The contractor shall ma.- :'- _ _ _ no direct payment for this work but it will be considered subsidiary to Item 164, "Seeding for Erosion Control". ITEM 210: ROLLING Compact embankment, sul,grettleYottsc, aerrfeve-44N, ,rt, — b nreteriuL,. The work performed, . - . - . - _.". _ , .__ , ._ , _ _ ' _' _ _ -- measured or paid for directly but will be subsidiary to pertinent Items. 0-8 ITEM 260: LIME TREATMENT(ROAD-MIXED) Preparation and treat - - .. . ...' '. _ _ _ _ compacting to required lines,grades and typical sections. Store and handle lime in-wt.. +kerpr f dampness or moisture until distribution on subgrade. Materials and construction method eerifern- to 360, (Road-Mixed)". Subgrade shall be stabilize tth-3i1 to ,;-gkt ,�,.at itripeott4ice,, b, 4, compacted to a minimum of 95%of Standard Proctor Density(ASTM D-698). Lime Slurry shall be m-:-. : . _ - . '. - - - - _ —__' _ _ shall be by the square yard. ITEM 340: DENSE GRADED HOT-MIX ASPHALT Type F at 1 inch thickne- -- Type D PG64-22 at 2 in --- • ' . ' The paving mixture s : - . . ' _ _ . _ _ __ _ _ aggregate, fine, and asphalt material. Fine aggregate shall consist of manufactured sands, screenings, and field sands. ITEM 360: CONCRETE PAVEMENT Class P(JRCP) concrete shall lyettsed — Deformed reinforcemen :: -•--, -.. ' _ . . _- - - _ ___ __ District) Standard Jointed Reinforced concrete Pavement Detail JRCP. Spacing adjustments may be required at the edges on both sides of the proposed concrete pavement lane widths as shown in the contract drawings. Wire mat reinforcements arc not allowcd for u e-e�. . .d..� eer��l.� t: ..f. tL: ; t. «':.d mat reinforcement will be allowed for use on driveways and sidewalk construction. The contractor may use trri ener.,t„is ac.,e..lettce ..:tl.th, :te... Where the pavement cur: '- - . . ' . . .._ _ __ _ . _ '_ _. ' _.__ __ on the paving detail sheets.The dowel bars and tie bars are subsidiary to the various bid items. Repair portions of the co-- . _ ° _ _ __ '_ _ _ _ __ _ _ that area receives permanent pavement markings and opens to traffic. Perform repairs that are structurally equivalent to and cosmetically uniform with the adjacent undamaged areas. Do not repair by grouting onto the surface. 0-9 Set-retarding admixtures will not be aHLw d. Hand-finishing of concr- - -; •- • " . - Sawing of all joints sha . _ .. .. ., . ' _ __ ._ -__- . ' __ '_ _ _ __. _ _ pavement and completed before 12 hours has elapsed. Any random cracking of the pavement, which in the opinion of the engineer, is due to incomplete sawing operation shall be removed and replaced at the expense of the contractor. Class 5 self-leveling lo --:: ' ' • All longitudinal and tra . Surface test Type"A"s . Concrete placement will net—liet,rmittcd ..e!!ther the engineer, may result in rainfall or low temperatures which will impair the quality of the finishing work. The contractor shall ha - - '.. . . ._ _ _ _ __ '_, _ .. _ the engineer,to cover a section of concrete pavement 600 feet long and 16 feet wide. Siliceous gravel will not Le titt, ��. The dowel support asse - : '-- ' (0.306 inch diameter) wire in the main vertical members. Dowels shall be rigidly supported in parallel positions and shall be welded on one end to support the frame. The weld attachment shall be made alternately on opposite ends of successive dowels.The support assembly shall be subject to the approval of the engineer. A minimum of 3/5th o -. - .. . ._ --- _- ' - - .- '__ - _ - __ - . _ coating shall be placed on opposite ends of successive dowels. Driveway grades are not : - - --: -' . .. . _ ___. _ _ _'_ _ driveway widths are 24 feet for residential and 40 feet for commercial,measured at ROW. Saw cutting of all j ' longitudinal sawed joints, transverse sawed joints and others) will not be paid for separately, but shall be considered subsidiary to pertinent items. Newly placed roadway pavcmcnt 31nf',ie,,3 .,tlre.�.L(,j f .. ... . ...t_. ..:i1 ...A L_ approved and accepted by the City. Crack(s)shall be repaired as shown on TxDOT Standard Full Depth Repair for Concrete Pavement FDR (CP) — 05 before the acceptance of the project for maintenance by the Owner. This repair, including saw cutting of pavement full depth,reinforcing, tie and dowel bars, concrete and all incidental materials, saw cutting and sealing of joints, labor and equipment needed to complete the work shall be at the contractor's expense. ITEM 400: EXCAVATION AND BACKFILL FOR STRUCTURES 0-10 • Structural excavation f. : .-- • ' . . . . __ _ _ __ __ _ _ __ subsidiary to the pertinent item. Cement stabilized sand ::- - . . .._ _ - _ ____ _ _ _ _ - _ 95%unless otherwise directed by the engineer. Cement stabilized sand .:- _ - - _ - -- _ - J' Cement stabilized sand li-c'k" ,rieel Art+1 W2 -,m, of il�iL 1. The work performed and materials furnished in accordance with this Item will be considered subsidiary to the pertinent item. Cement stabilized sand .:- - . ITEM 402: TRENCH EXCAVATION PROTECTION This item will be consideredn,. ITEM 464: REINFORCED CONCRETE PIPE Reinforced concrete pip- - • ' Cutting holes in existi b - . . . _ _- - _ culverts, will not be paid for directly but shall be considered subsidiary to the various bid items of the contract. Cold applied preformed : .- •- : - ... _ _ _.. '__ _ . _ _.__ _ _ _ compound shall be used for all concrete boxes and reinforced concrete pipe installed on this project. Where existing culverts are required to be extended, the first joint will be sealed in accordance with item 464.3(4). Excavation, trench pro -- . : - -_' ' _ --_ - _ _ __ __ '_ _ _ subsidiary to that pertinent item. Backfill requirements s : - :- : _. • _ _ ___ _ -• _ _ _ _ _ the plans and considered subsidiary. All pipes shall be backfilled at the eed of cazlr eitA a.id �,e... 1 :>, 1�� t., .,1' • t., �.., displacement when rainfall occurs. Soil-tight joints are requ . Open, install, and backf -: ' requiring pipe culverts under existing roadways. When necessary, place t-- • : :• : _ . ' _ --- _ _ _ _ _ _ _ _ _ __ traffic. No trenches may remain open overnight. 0-11 Provide leave-outs or he -- '- - - . ... . . _' _ _ _ _ _ .'._ _ _' _ _ _ ' _ interim construction. This work is subsidiary to the various bid items. The flow line elevation- : - :- ... . . . _ .. . - - --. __ _' _ _ . ._ _ _ these elevations and adjust them as necessary to meet the field conditions. Before placing these structures, prepare and submit for approval, the data (revised elevation, alignment, length, etc.) for the adjusted structures. ITEM 465: MANHOLES AND INLETS The use of precast storm -- • - : ' Inlet and manhole "ring ai ear r" he d:..�cnaien, Dimensions may vary to the extent determined by the engineer. Excavation will be not be paid for directly but 31.1‘11 Ix ee.i�:d ..1�wL :1:�. t Cement stabilized back --: _ backfill shall not be paid for directly but shall be considered subsidiary to the various bid items. If building manholes or '- - - ' above the top of the highest entering pipe and cover with a wooden cover. Complete the construction of such manholes or inlets to the finished elevation when completing the grading work for such manholes or inlets. Adjust the final elevation, if required, since this elevation is approximate. Construct manholes and '- - - ' .: . _ _ __ _ _ _ _ are flush with the surface of the base material. Do not leave excavation . ITEM 479: ADJUSTING MANHOLES AND INLETS Remove and replaceme- •- - . . , _ . . . . . -_ ' •. _ '• - _ included in this item. Cement stabilized backf :-: -- -- ___ _ _ __ will be considered subsidiary to this item. Adjusting manholes (te . . , : _ _ _ _ _ _. additional manholes need adjusting the contractor shall contact the engineer in writing and will be paid for under this item. ITEM 496: REMOVING STRUCTURES Excavation, trench prot-- -:- : .: . _ _ . . _ - - _ _ _- _ _ __ 0-12 subsidiary to this pay item. Backfill will be handled according to the specification using existing excavated materials or other select material which has been approved by the Engineer. ITEM 500: MOBILIZATION Mobilization shall not e -- - : . . . -. . _ . ITEM 502: BARRICADES,SIGNS,AND TRAFFIC HANDLING Submit changes to the trrzrffc-e tti A Oke 1✓.�b .. Pao.=1_ (� ti 1. ..:.. K. construction phasing, signs, striping, and signalizations for changes to the original traffic control plan. Furnish and maintain t - :.. • .. . _ • , ' - -_ _ _ - __ - -. - portable traffic control devices, during the various phases of construction. Place and construct these barricades and warning signs in accordance with the latest "Texas Manual on Uniform Traffic Control Devices for Streets and Highways"for typical construction layouts. Furnish additional barn .. - ., : •_ . . ." _ . _ . _ _- _ _ _' . . _- _ the Engineer. Consider payment for these additional signs and barricades subsidiary to Item 502. Cover work zone signs wl ,ir-terle-rels4A tot �� �; ;�_ n , o. ,,}�> �. 161 1 related to the signs no longer exists. The contractor shall pr: • - . ' adjacent to the ROW and maintain at all times unless otherwise directed and approved by the engineer. The contractor will contact the business or property owner at least five days in advance of the driveway closure. If the property has more than one driveway, only one access shall be closed at a time. If closure of a single access to any business is required, this activity shall be performed during off-peak hours or as directed and approved by the engineer. The contractor may clos- : . ' • •_ _ _ ' _ _ _ . _ . . _ - _ residential driveways at any time. The contractor may, wit- - : .. ... _' __ _. _ _ - __ , . _ __ ' __ _ number and location of signs and barricades from that indicated on the plans. Contractor shall not hay- - - . • ... _ • _ , _- - _..._ . _ '. _ -.__ _ _ - with the City of Port Arthur in the event of unforeseen utility adjustments. The contractor shall prosecute work in such a manner and sequence as to allow the adjustment to be made. All construction traffic shall--bc rebtrk..t„ir t- traveling public at all times. At times when it is necessary for trucks to stop, unload or cross roadway under traffic, warning signs and certified flaggers shall be provided as necessary to 0-13 adequately protect public travel. Signs, barricades, etc. li - - -- ; - ' ' _ in this project. Keep the delineation de •---, -, : : .. _ - _- . _'_ - _ Item, "Barricades, Signs, and Traffic Handling". If a section is not corn. - - existing pavement edge on a 6H: 1V slope. Edge drop-offs during the hours of darkness are not permitted. Do not mount signs on drut.tis-1 ba..:�ueiti, � l�ke�o k o4ed _ tit, tette* Construction standard sheets. Use traffic cones for da '-- - : : . • . ._ _ . - _ _ _ _ ' _ _ _ hours. Place positive barriers t. : . -- remain overnight. The traffic control plan (TCP) shall conform to the BC (l)-(12) standards and part VI of the Current Texas Manual Of Uniform Traffic Control Devices. Remove all traffic contr. :- --- ... b , use. Devices scheduled to be used within 3 days may be placed along the shoulder of the roadway or right of way when not in use, or stored in other approved areas on the project. Cover any construction signs that are not in effect that are installed in a fashion that will not allow them to be removed from the right of way easily. Use vertical panels instead .�.o,,. Construct all work zone --, -...: , . _ .. .---- - - - - - - - --- - - - approved by the engineer. Galvanize steel support- ' .- ;. • . ' • .. , . _ __, - __ - - - =n , . thickness requirements: Square Feet Mirlitmttitt Less Than 7.5 0.080 Iel.c 7.5 To 1.5 0.100 L-1.— Greater Than 1.5 0.125 Inch Plan the sequence of wo -: :- : • ' __ - - - _ - _ ' _ -_- ' _ to the traffic control plan shown in the plans must be approved in writing by the Engineer. Submit the revised plan for approval to the Engineer. The approval by the eng'--- : - __ _ _ _ __ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ detour traffic will not relieve the contractor of his responsibility for the protection of the traveling 0-14 public. Install temporary fence around tlic v,.,rr t-4", ths, s.,14 aF -,.ek - .1.:.. , 1!,. t., pedestrian using the sidewalk. No payment shall be made for this work directly, but will be consider subsidiary to this item. ' ' Temporary traffic sig -. •: :- - - . . - - -_ - - _ -_ _ - signalization not shown in the plans that is required to meet actual site conditions as directed by the engineer will not be measured or paid for separately, but will be considered subsidiary to this pay item. The Contractor shall submit to the City ear to .teem of�, �. .. 1..F..A and construction vehicles route plan. This route plan shall show streets to be taken for trucks and vehicles either empty or hauling materials going in or out the construction areas scope of work. The Streets that are to be used as truck and vehicle routes shall be truck loads roadway bearing pavements. Upon approval of the Engineer, this truck routing plan will be strictly implemented. Any changes that is required as construction phases progresses will be reviewed and approved by the Engineer. This work will not be measured or paid for separately, but will be considered subsidiary to this pay item. Construction Exits will be considered subsidiary to this item if needed The Contractor shall prcparc he t,� r., D,teu. I z theet additional cost. Any addition barricades, warning and detour signs, including the necessary temporary and portable traffic control devices to detour and control traffic during the construction will not be measured or paid for separately, but will be considered subsidiary to this pay item. ITEM 504: PROJECT MATERIAL TESTING All project testing on thi- : :'-- ITEM 506: TEMPORARY EROSION, SEDIMENTATION AND ENVIRONMENTAL CONTROL A Storm Water Pollutio- ' - - - • ' : - . _ __ - - . - . __ _- __ - - than 1 acre, a"Notice of Intent" (NOl) is also required. The NOI will be completed and filed by the Contractor according to the corresponding bid items. Use appropriate measur-- : : - - , ' ' ' , . _. - _ -_-_ - _ '_ - construction staging area. Remove and dispose of materials in compliance with State and Federal laws. Before starting constru - • - _ -- - _ -. _ _ _ __'_ control as outlined on the plans. Before construction, place the temporary erosion and sedimentation control management practices as shown on the SWP3. Before starting grading ::- '- - - . b permanent erosion control measures to prevent sediment from leaving the right of way. Implement temporary and permanc.it e���: .r-.�..t.�l ... w �. t l ..:AI. T.,...... 0-15 Pollution Discharge Elimination System(TPDES)general permit. Schedule the sodding w. :- -:: :: .. . . _ . . _- sod the disturbed areas in accordance with the City's specifications for permanent or temporary erosion control. ITEM 644: SMALL ROADSIDE SIGN SUPPORTS AND ASSEMBLIES Sign locations shown o -- . . - : ... . ' . . _ _ . . _ Engineer and then stake the exact locations for these signs. For this project, existing signs shall be removed, stored, and replaced. Any signs or posts damaged during the removal or storage process shall be replaced with identical products at the Contractor's expense. ALL expenses, equipment, materials, and appurtenances required to remove and replace the existing small road signs will be considered subsidiary in this project and not be paid for separately. Use the Texas Univers. . . '. :: - ' _ _ ._ _. mounted signs, unless otherwise shown in the plans. When design details arc-rvt--s w, v errs, ��. R � ...� n n: ll.. latest"Standard Highway Sign Designs for Texas"manual. ITEM 678: PAVEMENT SURFACE PREPARATION FOR MARKINGS Do not blast clean asph. -:-- - - -- . . . . __ - - __ the applicable specifications or as directed. On new concrete pavem-- : - •- • : _. - _ -_ _ - _ _ _ _ location, remove all curing compounds and contamination from the pavement surface by flail milling or as directed. In addition, air blast the surface with compressed air just prior to placing the new stripe. On existing concrete pa - - - - . : ' - ' . - the existing stripe under Item 677, "Eliminating Existing Pavement Markings and Markers," air blast the surface with compressed air just prior to placing the new stripe. Perform all air blasting with-4 -th-t —F-1-1„ <if �� . _-'.! 100 psi using 5/16 in. or larger hosing for the air blast (equipment should have sufficient capacity to remove contaminants but not damage the pavement surface). Do not clean concrete pavement by grinding. 0-16 GOVERiNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation (TXDOT) 2014 Standard Specifications for Construction of Highways, Streets and Bridges as adopted by the State of Texas. These items which are listed below and which are contained in the TX DOT 2014 Standard Specifications are hereby adopted and made part of the Contract Documents to the same extent as if they were herein reproduced in full subject to such modifications, revisions or supplements as may appear in the section entitled Special Provisions in these Contract Documents to follow: Standard Specifications: Item 104 Removing Concrete Item 105 Removing Stabilized Base and Asphalt Pavement Item 110 Excavation Item 132 Embankment Item 162 Sodding for Erosion Control Item 164 Seeding for Erosion Control Item 260 Lime Treatment(210)(216) Item 276 Cement Treatment(Plant Mix)(204)(210)(216)(300)(520) Item 300 Asphalts, Oils,and Emulsions Item 340 Dense-Graded Hot-Mix Asphalt(Method)(300)(301)(320)(520)(585) Item 360 Concrete Pavement(421)(420)(438)(440)(529) Item 400 Excavation and Backfill for Structures(132)(402) Item 402 Trench Excavation Protection Item 464 Reinforced Concrete Pipe Item 465 Manholes and Inlets(420)(421)(427)(440)(442)(471) Item 500 Mobilization Item 502 Barricades, Signs, &Traffic Handle Item 529 Concrete Curb&Gutter(360)(420)(421)(440) Item 530 Driveways and Turnouts(247)(276)(360)(421)(440) Item 644 Small Roadside Sign Support and Assemblies (421)(440)(441)(442)(445)(634)(636)(643)(656) Item 662 Work Zone Pavement Markings Item 666 Reflectorized Pavement Markings Item 677 Eliminating Existing Pavement Markings and Markers Item 678 Pavement Surface Preparation for Markings 047 QUALIFICATION STATEMENT SUBMITTED TO BY [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor (b) As a sub-contractor • 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner P-1 4. Have you ever failed to complete any work awarded to you? If so, where and why? 5. In what manner have you inspected this proposed work? Explain in detail. 6. Explain your plan or layout for performing the proposed work: 7. The work, if awarded to you, will have the personal supervision of whom? (a) For administrative management? (b) For resident construction superintendence? (c) What experience in this type of work is enjoyed by the superintendent designated under (b) above? P-2 8. What portions of the work do you intend to sub-let? 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity,Etc. Condition Service Location 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? P-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer Dated at this day of 20 BY: TITLE: P-5 REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: MONTH OF: 20 NAME OF PROJECT: CONTRACTOR: TO: CITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR, TEXAS 77641-1089 ATTENTION: Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified (circle dates actually lost; do not include days not normally worked, such as Saturdays, Sundays,or holidays): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DAYS LOST( ) 5 Reason(s) for Request: [Name of Contractor] BY: ****************************************************************************** Approved for extension of calendar days. Disapproved. Date: , 2014 CITY OF PORT ARTHUR BY: Distribution: Original: Executive Director Copy: Engineer Contractor 1/1 APPENDIX "B" GEOTECHNICAL REPORT Since Lind & Associates, Ince dba T & N Laboratories & Engineering "Common Sense Engineering" 1983 GEOTECHNICAL REPORT WITH SUBSURFACE INVESTIGATION & ENGINEERING STUDY FOR SUBGRADE & PAVING DESIGN RECOMMENDATIONS AT BLUEBONNET STREET IMPROVEMENTS A&G PROJECT # CPA-825 IN PORT ARTHUR, TEXAS Project No.: 13151 Job No.: 33032 Submitted to: ARCENEAUX & GATES CONSULTING ENGINEERS c/o Mr. Keestan Cole Port Arrthur, Texas October 2013 5020 Jerry Ware Dr.(SET REGIONAL AIRPORT)BEAUMONT,TX 77705 PHONE:(409)727-6291 FAX:(409)722.6961 TABLE OF CONTENTS (Report#13151 —33032) SECTION PAGE INTRODUCTION/SYNOPSIS 1 PROJECT DEVELOPMENT 1 SCOPE OF STUDY 2 SITE EXPLORATION 2 SOIL SAMPLING 2 GROUNDWATER CONDITIONS 3 LABORATORY TESTING PROGRAM 3 SUBSURFACE CONDITIONS 4 ANALYSIS & DISCUSSION 4 SITE PREPARATION 4 PAVEMENT SUBGRADE 5 RIGID PAVEMENT DESIGN 5 FLEXIBLE PAVEMENT DESIGN 5 STRUCTURAL AND SELECT FILL MATERIAL 6 PORTLAND CEMENT CONCRETE PAVEMENT 6 DRAINAGE 7 QUALITY CONTROL 7 LIMITATIONS 8 ILLUSTRATIONS BORING LOGS #B-1, B-2 & B-3 KEY TO SOILS CLASSIFICATION & SYMBOLS GENERAL NOTES \ Since ,o' Lind & Associates, Inc. dba T & N Laboratories & Engineering U 5020 Jerry ware Dr..(SET REGIONAL AIRPORT)BEAUMONT,TX 77705 1983 PHONE:(409)727.6291 FAX:722.6961 CLIENT: PROJECT/LOCATION: Arceneaux& Gates Consulting Engineers Geotechnical Investigation and Engineering do Mr. Keestan Cole Study for Subgrade and Paving Design 2901 Turtle Creek Drive, Suite # 320 Recommendations for"Bluenonnet Street Port Arthur, Texas 77642 Improvements in Port Arthur, Texas". A&G Project# CPA-825 Report Date: October 28,2013 Project No.: 13151 Job No.: 33032 ]]]]]l]]J]J1]]]]l]IJJIJ]]]]]]]]]JJ]lJ]J]]]l]]J]]]]]]]JJ]J]]JJ]]]]J]JJ]]J]J]]]]]]]]]]]]]l]]]]]]]]]]]]]])]J]]]J]]J]J INTRODUCTION/SYNOPSIS: Presented herein are the results of our geotechnical study with subgrade and paving design recommendations for the above-referenced project. Our subsurface study was authorized by Mr. Keestan Cole. The subsurface investigation was performed on October 17, 2013 in general accordance with standard procedures for drilling, sampling and laboratory testing of subsurface soils for roadway development. Engineer of Record for this report is Jack C. Lind, P.E. -Texas Registration No. 79555. PROJECT DEVELOPMENT: This project will involve reconstruction for`Bluebonnet Street Improvements in Port Arthur, Texas". Engineering design recommendations will be discussed in this report. -1- SCOPE OF STUDY: The objective of our study was to explore subsurface soils conditions in the proposed paving areas and formulate geotechnical design criteria for subgrade and paving designs. Our subsurface study included the following: 1) Drill test borings in three(3) selected locations; explore groundwater& geological conditions and collect soil samples for laboratory testing. 2) Perform a laboratory testing program on selected soil samples to evaluate physical and engineering properties on the subsurface soils. 3) Prepare and promulgate engineering analysis to provide geotechnical design and construction recommendations associated with: a) subgrade preparation for pavement, b) paving design criteria for: - rigid pavement - flexible pavement SITE EXPLORATION: T&N was authorized to drill three(3) soil borings to depths of six ft. (6') below existing ground surface at locations selected by the client. Our exploration was accomplished with a truck-mounted rotary drilling rig. Locations of the borings are stated on the "Boring Logs" included within the "ILLUSTRATIONS" section of this report. SOIL SAMPLING: Soil samples were secured continuously from ground surface to the six ft. (6') depth. Cohesive samples were obtained by hydraulically pushing a three-inch(3") diameter thin-walled tube a distance of about 24 inches. Our field sampling procedure was conducted in general accordance with provisions outlined in "Standard Practice for Thin-Walled Tube Sampling of Soils- (ASTM D1587)". -2- Soil samples were extruded in the field and visually classified by our geotechnician. The geo- technician measured penetration resistance of recovered soil samples using a calibrated pocket penetrometer. Measured penetration resistance is shown on the "Boring Logs" and was used to estimate soil consistency. Representative portions, of each recovered soil sample, were sealed and placed into containers; then transported to our laboratory for testing and engineering study. GROUNDWATER CONDITIONS: Borings were drilled "dry"utilizing flight augers and soil samplers. Groundwater was not encountered in the borings during drilling operations. Groundwater is likely to fluctuate in upper strata during seasonal climatic changes. Water levels measured in open boreholes may not accurately reflect true groundwater conditions and should be considered only as approximate indications for this report. LABORATORY TESTING PROGRAM: Our Laboratory testing program was performed primarily for soil classification and evaluation of soils plasticity with unconfined compression strength. The following tests procedures were utilized in laboratory: Testing Performed Test Procedure Atterberg Limits (LL &PI) ASTM -D4318 Natural Water Content (%) ASTM- D2216 Unconfined Compression Test (UCS) ASTM - D2166 Percent(%) Passing#200 Sieve ASTM—D1140 Thin-Wall Shelby Tube Samplers ASTM - D1587 Soils Classification ASTM—D2487 Undrained shear strength of cohesive soils was determined by unconfined compression tests. Water content and dry unit weights were determined as routine parts of the unconfined compression analysis. Liquid and Plastic Limits were performed on appropriate cohesive samples. Results of these tests are shown on the "Boring Logs". -3- SUBSURFACE CONDITIONS: The particular subsurface stratigraphy, as determined from our field and laboratory programs, is shown in detail on the "Boring Logs". A review of these logs indicates the surface course is composed of"two to seven in. (2"-7") of asphalt" underlain by"four to six in. (4"-6") of concrete" with the soils along this portion of roadway typically being "high plastic clays"from just below surface course to six ft. (6') deep. In Boring B-1, cement stabilized sand was encountered to full depth below the surface course. The soils exhibit a relatively uniform moisture content and shear strength, with moisture contents ranging from 22% to 35%. Average shear strength is about 775 psf (Compressive Strength about 1550 psf) in clay soils encountered. ANALYSIS AND DISCUSSION: The following analysis is based on data obtained from our field and laboratory test programs,project information provided to us and our experience with similar subsurface and site conditions. The paving designs considered in this report include (1)Milling surface course into approximately four in. (4")of underlying subgrade soils and compacting or(2)remove upper surface course, lime stabilizing upper ten in. (10") minimum of subgrade soils and compacting. After initial subgrade preparation, the proposed surface course can be placed. Design reconunendations are based on typical CBR Values,related to normal vehicle traffic. SITE PREPARATION: Milling Option—The surface course (asphalt and concrete) may be milled into the existing subgrade to about a four in. (4")minimum depth. Once thorough mixing has been conducted, it should be moisture conditioned and compacted to at least 95%of the maximum density (ASTM D698)at the optimum moisture content,plus 3% or minus 2%. Subgrade Stabilization—After the upper surface course has been removed, the existing subgrade should be stabilized to about a ten in. (10")minimum depth with approximately six percent(6%) lime by weight. After stabilization is complete, the stabilized subgrade should be moisture conditioned and compacted to at least 95%of the maximum density(ASTM D698) at the optimum moisture content,plus 3%or minus 2%. -4- PAVEMENT SUBGRADE: Our laboratory data indicate the upper soils classify as "Active Clay(CH)" by the Unified Soil Classification System. This soil would have a subgrade modulus, k, on the order of 100 to 135 pci and CBR Value on the order of 3 to 6. Based on correlations of subgrade type and supporting capacity, the required pavement thickness as a function of wheel loading for rigid and flexible paving, using conventional structural fill or base course material, is discussed in the following sections in this report. These pavement sections will be suitable for frequent applications of design wheel loading and infrequent loads of greater magnitude. Adequate subgrade drainage is necessary to pavement performance in accordance with design criteria. RIGID PAVEMENT DESIGN: The subgrade should be prepared as discussed above. Overlay the prepared and compacted subgrade with cast-in-place concrete mixture. FLEXIBLE PAVEMENT DESIGN: Overlay the prepared and compacted subgrade with eight inches (8"),of suitable flexible base TXDOT Item 247 Type-A, Grade 1,or equal; then place two inches(2")of Type"D"HMAC pavement surface. Reference: TXDOT Item 340. The HMAC mix designs for job mix formulas should be prepared and subtnitted by qualified testing laboratory experienced in TXDOT 340 Design Methods. -5- STRUCTURAL & SELECT FILL MATERIALS: If needed, select fill should be homogeneous soil, free of organic matter and rocks larger than two inches(2") in diameter. Select fill should have an "Atterberg Plasticity Index"between eight and twenty(8—20, with a "Liquid Limit"of forty (40) or less. Delivered fill materials should have a moisture content no greater than six percent(6%) above optimum. PORTLAND CEMENT CONCRETE PAVEMENT: Portland cement concrete mix should be in accordance with TXDOT Item 360. The concrete paving must be properly reinforced and have sufficient joints to allow for contraction and expansion. Mix design should include 1-1/2" limestone aggregate. Expansion joints should be"sawed joint". The Contractor should submit paving construction plans for approval by the Engineer prior to beginning the construction operations. Plans should contain a mix design, methods of construction, description of equipment to be used in mixing,placing finishing,curing, miscellaneous material and early usage of pavement surfaces. Paving areas may be constructed using a Portland Cement reinforced concrete pavement of six-inch (6") minimum thickness. All access and driveway areas should be a minimum of eight inch (8") thickness in order to minimize overload and stress in these critical areas. This item should govern for the construction and placement of Portland Cement concrete pavement with or without monolithic curbs on prepared structural fill in accordance with the recommendation included in this report. -6- DRAINAGE: The importance of drainage to the proper operation and function of any pavement cannot be overemphasized. The pavement and subgrade surface should be raised above adjacent grade, if practical and properly sloped into drainage inlets or lateral ditches. Water should not be allowed to stand on/or adjacent to the pavement whereby the subgrade may become saturated. If the pavement sublayers do become saturated, the bearing capacity will be greatly reduced and the useful life of the pavement will be decreased. Periodic inspections and repair of cracks in pavement sections should be performed as a part of future facility maintenance. All grades must be adjusted to provide positive drainage away from the structure. Where paving or flatwork abuts the structure, care should be taken to insure joint is properly sealed. QUALITY CONTROL: Construction inspection with field quality control tests should be planned and performed to verify materials and placement in accordance with the project requirements. In-place density tests, HMAC production and concrete strength quality should be maintained during construction. T&N Laboratories & Engineering will be pleased to provide these services and will assist with the inspection,planning and scheduling for Quality Control Testing,etc. with documented reports for permanent records. T&N Laboratories & Engineering maintains"state-of-the-art" lab and field test equipment for these types of services. -7- LIMITATIONS: The report writer warrants that findings, conclusions, specifications or professional advice contained herein have been promulgated after being prepared in accordance with generally accepted practice in the field of foundation engineering and material test evaluation. No other warranties are implied or expressed. A review and evaluation of its contents by the undersigned acknowledges this report as an engineering document in general accordance with stated limitations. We appreciate this opportunity to provide our engineering services for this project. Please let us know should you require additional data or information. Thanks for Your Support! Respectfully submitted by, LIND & ASSOCIATES,INC. dba T&N LABORATORIES & ENGINEERING 4`� hA } t } 1M ��. ( ea¢¢¢°asaatt¢ee atta¢¢eu eaett¢taca¢ "i Jack C. Lind, P.E. " lJ JACK C. LIND ¢¢¢¢}e¢ttttrotett¢atuttt¢¢uttt¢t¢e: 1. Vice-President/Engineering '�., 5w 5 °n., I z izcz I Copies: 1 —Keestan Cole(Via Email) 1 -T&N File #1315I JCLImns -8- m/ rvILLU T ATI minJ • T&N LABORATORIES& ENGINEERING LOG OF BORING NO. B-1 (Bluebonnet at El Paso) FILE NO.: 13151-33032 - Arceneaux&Gates Consulting Engineers PROJECT: Geotechnical Investigation for Bluebonnet Street Improvements in Port Arthur,Texas DATE: 10/17/13 TYPE: 3" CORE LOCATION: As Directed By Client FIELD DATA LABORATORY TEST RESULTS Depth. Sample SPT/ MIC U.W. -200 Liquid Plasticity P.P. U.C. Ft. Svmb. IInf % Pcf. Sieve% Limit Index Tsf. Tsf. STRATUM DESCRIPTION -9- - 7"Asphalt&6"Concrete at Surface(No Base) Dense Tan Silty Sand(SM)w/cement -1- ST - 22 - - - - - - -2- -3- ST - 24 - 10 - - - - -4- -5- ST - 26 - 20 - - --6- -7- -8- -9- -10- LOG 6- -7-8-9- -10- LOG OF BORING NO. B-2 (Bluebonnet at Richmond) FIELD DATA LABORATORY TEST RESULTS Depth. Sample SPT/ M/C U.W. -200 Liquid Plasticity P.P. U.C. Ft. Svnrb. sf % Pcf. Sieve% Limit Index Tsf. Tsf. STRATUM DESCRIPTION -0- 2"Asphalt&4"Concrete at Surface(No Base) Stiff Tan&Gray Clay(Cl-i) -1- ST - 35 91 98 63 38 1.25 0.70 -2- -3- ST - 27 - 99 64 38 1.50 - -4- -5- ST - 26 - 99 68 42 1.75 - -6- -7- -8- -9- -10- T&N LABORATORIES&ENGINEERING LOG OF BORING NO. B-3 (Bluebonnet at Memphis) FILE NO.: 13151 -33032 - Arceneaux&Gales Consulting Engineers PROJECT: Geotechnical Investigation for Bluebonnet Street Improvements in Port Arthur,Texas DATE: 10/17/13 TYPE: 3" CORE LOCATION: As Directed By Client FIELD DATA LABORATORY TEST RESULTS Depth. Sample SPT/ M/C UAV. -200 Liquid Plasticity P.P. U.C. Ft. &gib. Ltd % Pcf. Sieve% Limit Index TsE j STRATUM DESCRIPTION -0- 2"Asphalt&4"Concrete at Surface(No Rase) Stiff Tan&Gray Clay(CII) -1- ST - 30 93 - 79 51 1.50 0.79 -2- -3- ST - 26 - 96 59 35 1.00 - -4- -5- ST - 29 - - 62 37 1.00 - -6- -7- -8- -9- -10- [t,1..V tiC23NG 4T&N `Labora.Corjes JEFFERSON COUNTY AIRPORT KEY TCS S21. C1SSIFICATICI SID SYM SOIL TYPE SAMPLE TYPE Sand Silt Cla ' iii iili ' afleillIN Gravel Sandy Silty Clayey Predominant type shown heavy Undisturbed Rock Core Split No Spoon Recovery SOIL, GR,AIN SIZE U. S.Standard Sieve 6' 3" 314" 4 10 40 200 Boulders Cobbles Gravel Sand Slit Clay Coarse Fine Coarselviedium Fine 152 76.2 19.1 4.76 2.00 0.420 0.074 0.002 (mm) PLASTICITY CHART 60 50 CH - 40 Plasticity Index 30 , ,v,`4 O and MH 20 ''‘'sCL 10 CL Ji;�l /�r M and 0 'IL 0 10 20 30 40 50 60 70 80 90 100 Liquid Limit RELATIVE DENSITY CONSISTENCY OF COHESIVE SOILS OF COHESION/LESS SOILS Penetration Penetration Resistance, Cohesion, Plasidty Degree of Resistance, Relative blows per foot Consistency TSF index Plesttafv blows per foot Density 0 - 2 Very Soft 0 - 0.125 0 - 5 None 0 -4 Very Loose 2 - 4 Soft 0.125 - 0.25 5 - 10 Low 4 - 10 Loose 4 - 8 Firm 0.25 - 0.5 10 - 20 Moderate 10.- 30 Medium Dense 8 - 15 Stiff 0.5 - 1.0 20 - 40 Plastic 30 - 50 Dense 15 - 30 Very Stiff 1.0 - 2.0 > 40 Highly Plastic > - 50 Very Dense > 30 i-fard > 2.0 T i& IST Laboratories, Inc. ifV ___{ ,, f GENERAL NOTES SAMPLE IDENTIFICATION The Unified Soil Classification System is used to identify the soil unless otherwise noted. SOIL PROPERTY SYMBOLS N: Standard "N"penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2 inch O.D.split-spoon. ! I�I ( Cu: Unconfined compressive strength. TSF I1 1 Qp: Penetrometer value,unconfined compressive strength, TSF Mc: Water content, % f� iI LL: Liquid limit. % , PI: Plasticity Index, % I I II } 5 d: Natural dry density, PCF if ll( : Apparent groundwater level at time noted after completion. IIDRILLING AND SAMPLING SYMBOLS i [ SS: Split-Spoon - 1 318" I.D., 2" 0.0., except where noted. 11i1 I ST: Shelby Tube - 3" O.D.. except where noted. ; I- AU: Auger Sample. `i f DB: Diamond Bit. CB: Carbide Bit. ( WS: Washed Sample. I RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION TERM (NON-COHESIVE SOILS) STANDARD PENETRATION RESISTANCE { Very Loose 0 - 2 Loose 2 -4 Slightly Compact 4 - 8 Medium Dense 8 - 16 Dense 16 -26 Very Dense Over 26 TERM (COHESIVE SOILS) Qu -(TSF) Very Soft 0 -0.25 i Soft 0.25 -0.50 I Firm (Medium) 0.50- 1.00 Stiff 1.00- 2.00 Very Stiff 2.00 -4.00 Hard 4.00+ PARTICLE SIZE j Boulders 8 in. + Coarse Sand 5mm-0.6mm Silt 0.074mm-0.005mm I Cobbles 8 in.-3 in. Medium Sand 0.Smm-0.2mm Clay -0.005mm IGravel 3 in.-5mm Fine Sand 0.2mm-0.074mm II i il