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PR 20326: AWARDING OF THE BID FOR THE WEST 8TH STREET ROADWAY PAVEMENT REHABILITATION PROJECT FOR FOLEY AVE. TO JOE LOUIS AVE.
r7. nrt rthur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 27, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Armando Gutierrez,Jr., P.E., Director of Public Works RE: P.R. 20326 —Awarding of the bid for the West 8th Street Roadway Pavement Rehabilitation Project from Foley Ave. to Joe Louis Ave. Introduction: Awarding of bid for the West 8th Street Roadway Pavement Rehabilitation Project to Oldcastle Materials Texas, Inc. of Beaumont, Texas. Background: The City of Port Arthur advertised for bids for the West 8th Street Roadway Pavement Rehabilitation Project. Four (4) bids were received and opened on June 27, 2018 with Oldcastle Materials Texas, Inc. of Beaumont, Texas submitted the lowest responsive Total Amount Bid (Base bid with supplemental and alternate items) in the amount of $1,248,949.00. A copy of the Bid Tabulation is enclosed for your information. This project will be funded by the GLO account with a budget of $531,215.00 and Capital Improvements for Streets with a proposed budgetary impact of$717,734.00. Budget Impact: Funds are available in the following account: GLO Round 2.2 Program, Project No. 122W8 Account No. 145-1201-532.59-00 for $531,215.00 and Capital Improvements Account for Streets 307-1601-591.86.00; I22W8 for $717,734.00 "Remember, we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur, Texas77641-1089 X 409.983.8101 X FAX 409.982.6743 Recommendation: Approval of award for the West 8th Street Roadway Pavement Rehabilitation Project to Oldcastle Materials Texas, Inc. of Beaumont, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur, Texas77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. 20326 06/28/18 ace RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH OLDCASTLE MATERIALS TEXAS, INC. OF BEAUMONT, TEXAS FOR THE WEST 8TH STREET ROADWAY PAVEMENT REHABILITATION PROJECT, WITH A PROJECTED BUDGETARY IMPACT OF $1,248,949.00, FUNDING AVAILABLE IN GLO ROUND 2.2 PROGRAM, PROJECT NO. I22W8, ACCOUNT NO. 145-1201-532.59-00, $531,215.00 AND PROJECT NO. I22W8, CAPITAL IMPROVEMENTS ACCOUNT 307-1601-591.86.00, $717,734.00 WHEREAS, the Texas General Land Office (GLO) has approved funding for the West 8th Street Roadway Pavement Rehabilitation Project; and, WHEREAS, bids were advertised for the West 8th Street Roadway Pavement Rehabilitation Project on June 5, 2018 and June 12, 2018 in the Port Arthur News; and, WHEREAS, four (4) bids were received and opened on June 27, 2018 for the above referenced project (see Exhibit "A"); and, WHEREAS, Oldcastle Materials Texas, Inc. submitted the lowest responsive bid and based on references and past experience is the recommended contractor in the amount of $1,248,949.00 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 West 8th Street Roadway Pavement Rehabilitation Project to Oldcastle Materials Texas, P.R. 20326 Page 2 Inc. of Beaumont, Texas for the amount of $1,248,949.00 as shown on Exhibit "A" attached hereto and made a part hereof; and, 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 Oldcastle Materials Texas, Inc. of Beaumont, Texas with a projected budgetary impact of $1,248,949.00 for the West 8th Street Roadway Pavement Rehabilitation 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. 2018 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. 20326 Page 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno Harvey Robinson City Attorney Interim City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: 7 L A Andrew asquez, CPA Director of Finance Armando Gutierrez, Jr., P.E. Director of Public Works OrIts , LAtif* Clifton Williams, CPPB Purchasing Manager low._ .' ARCENEAUX WILSON&COLE eryrneeriny I surveying I Pknnrny LETTER OF TRANSMITTAL DATE: June 28. 2018 PROJECT NO.: CPA-840 I.� City of Port Arthur ATTENTION: Alberto Elefano. PE 444 Fourth St Port Arthur, TX 77641 RE: Roadway Pavement Rehabilitation along West 8th Street WE ARE SENDING YOU ZAttached Under Separate Cover Via: Hand Delivery The following items: Memo n Monthly Invoice Plans L__!Construction Documents %/ Letter Change Order No. Form �✓ Other Bid Tabulation COPIES DATE DESCRIPTION I 6-27-18 Roadway Pavement Rehabilitation along West 8t1-Street-Recommendation of Award Letter 6-27-18 Roadway Pavement Rehabilitation along West 8th Street-Bid Tabulation THESEARE TRANSMITTED as checked below: nFor approval n Approved as submitted Resubmit copies for approval For your use n Approved as noted Submit copies for distribution As requested Returned for corrections Submit corrected prints For review and comment n Execute and return original RECEIVED BY: COMMENTS: AWC File.CPA Purchasing,Jill Hooks,Oldcastle Matenals Texas,Inc COPY TO: SIGNED: 4#144 - 409.724.7888 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com a ^01c4047. +Ft aux +OAP ARCENEAUX WILSON &COLE i.riyit i._-er r,y ui.-y,,,y Jlui•.i iii,. June 27, 2018 Mr. Alberto Elefano, P.E. City of Port Arthur City Engineer 444 4th Street Port Arthur, Texas 77640 RE: RECOMMENDATION OFA WARD OF CONTRACT Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue AWC Job No. CPA-840 Dear Mr. Elefano: On June 27, 2018 the City of Port Arthur received four (4) sealed bids for Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis 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 submitted proof of bid surety and qualifications as requested. No substitutions were submitted. It was found that OLDCASTLE MATERIALS TEXAS, INC. of Beaumont, Texas submitted the lowest responsive Total Amount Bid (base bid with supplemental items) in the amount of $7,78Z449.00 and also submitted the lowest responsive Total Amount Bid (base bid with supplemental and alternate items) in the amount of $7,248,949.00. 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 Roadway Pavement Rehabilitation along West 8th Street to OLDCASTLE MATERIALS TEXAS, INC.for the Total Amount Bid (base 409.724.7888 2901 Turtle Creek Dr.,Suite 320 Port Arthur,TX 77642 Engineering Surveying awceng.com 12",4 10194049 A.11% clinic VMAPV bid with supplemental and alternate items) in the amount of One-Million Two- Hundred Forty-Eight Thousand Nine-Hundred Forty-Nine Dollars and Zero Cents ($1,248,949.00). Should you have any questions or require additional information, please contact our office. ARCENEA UX WILSON&COLE LLC TEXAS REGISTERED ENGINEERING FIRM F-16194 Keestan Cole, PE Vice President Attache& Bid Tabulation CC: Clifton Williams- City of Port Arthur Jill Hooks-Grant Administrator for General Land Office Old Castle Materials Gulf Coast, Inc. 0000 0000000000000000 0 000000000000 0000 0000000000000000 0 00000000000 C O lfl O U) !t 0 0 0 0 0 0 0 1n U) M O O D U) O O 0 0 0 0 0 N o o o 0 0>- O Q0 a a0' n () cO 0 u01 UO) N000 O P U) U) M .O � V 0N0 0 ' N IOn U)) NO V NODNN "0 Q' Evf.G�U) •0cd00TeMM�M � -dm N O 0 `4MN+9U)� c ^ oaov O` M 0 Q ,- N N M .o N v)N NA Vf(nV)v (ANN V)(n(n(n(A In N V)(n U)(n In Vi Vf(n N V)V)('N1 r Z F 0000 0000000000000000 0 00000000000 < U) y0000 OOOOOo 00 N. U) 000000 O 00000000000 MZ VO U) U1 ' 000OONV Q (N U) OIf QU) O O 00000MM6r00 OM O a P Nh M s- N N m 00 N O (n ) N 0 ry 0 .0 0 0 0 N N N N. 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C < o 0 0 0 to 0 0 Q , � 0 07 w , c000 E v � In Tr or O I- C ~ += � QQ ¢ Ln < `o n O _ Z u_ V 0 a 2 O N N N 0) �- m WI— D W w V N W W I- ZW fl N ? 0 0 0 r N0 y o0 < I- 0 u � ao a � o c a V) C/) 0 a, o u ni C W H 0 j ` J W O 07 NV) N �v> V) N J LL � �' } v w LU CD z ou 0 mm � 2 I- J z w Q0 CC 0 J LU ~ Z C.) W w Zw D H pa W d z_ 2 I- + < Z U' �( J w J = 0 + 0 Z � 0 -J 06 a L) 0Q N — 0 CO 4 Z < W Z m Z O }o Z �p cwn 4.4 � � D ZgoD Q !C W w . " mO „oV � O p m w x- mQQ mzu < m aco Q- ° >,J -0 CC ° I I- CO m W w Co < mOo: m < Z v cF c � � LL � 0 Z WW Q 0. . y0w0 Q V V/ v� O Qoa °a JQ 2 a x 004 cv CI V• o U 00 o F- ~ O /,/, ~ 1- ... o• o o 0 1- .= `= 0 0 " 0 O O EXHIBIT "B" CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO.CPA-840 CONTRACT NO. 1 City of Port Arthur Jefferson, TEXAS June 2018 ,RAL 4 i X da, .,, , -,.; I-.1 / 1 1 f) ` i m 4,.t,.. s II ED yes TEXAS REGISTERED * ENGINEERING FIRM F-16194 ARCENEAUX WILSON&COLE LLC Engineers * Surveyors * Planners PORT ARTHUR, TEXAS CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO.CPA-840 CONTRACT NO. 1 City of Port Arthur Jefferson, TEXAS June 2018 ��cP• •of TFN� ig _ 'P I *•• / ••*+g/ /fir. •*/ KEESTAN X. COLE I'11' 11422�o."� 114'..GJSTER. *•+ S'O NA L Eta' " 06/14/2018 TEXAS REGISTERED ENGINEERING FIRM F-16194 ARCENEAUX WILSON&COLE LLC Engineers * Surveyors * Planners PORT ARTHUR, TEXAS CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS For RoadwayPavement Rehabilitation alongWest 8th Street from Foley Avenue to Joe Louis Avenue to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO. CPA-840 CONTRACT NO. 1 TABLE OF CONTENTS A. STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR B. ADVERTISEMENT AND INVITATION FOR BID C. INSTRUCTION TO BIDDERS FOR CONSTRUCTION D. BID E. BID BOND F. GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. MAINTENANCE BOND L. NOTICE OF AWARD M NOTICE TO PROCEED N. INSURANCE CPA Federally I unded O. GENERAL NOTES AND TECHNICAL SPECIFICATIONS APPENDICES APPENDIX A — Section 3 Monthly Compliance Report APPENDIX B — Attorney's Review Certification APPENDIX C— Request for Time Extension APPENDIX D— Copeland Act Regulations APPENDIX E — Section 3 Clause APPENDIX F — Certification of Bidder Regarding Section 3 and Segregated Facilities APPENDIX G— Geotechnical Report CPA Federally Funded SECTION A STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR CITY OF PORT ARTHUR STANDARD FORM OF AGREEMENT FOR OWNER-CONTRACTOR PROJECTS STATE of TEXAS JEFFERSON COUNTY THIS AGREEMENT, made and entered into this 3rd day of July , A.D 2018 . by and between the City of Port Arthur of the COUNTY Jefferson of in the STATE OF TEXAS, thereunto duly authorized so to do, Party of the First Part, hereinafter termed OWNER, and of County of in the State of Texas, Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part(OWNER) and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follow: Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda therefore, as prepared by Arceneaux Wilson & Cole LLC, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, the Performance and Payment Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to furnish all materials labor and equipment necessary for the work described under this agreement for the sum of: $ 1,248,949.00 and will commence work within ten (10) calendar days after the date written notice to do so shall have been given to him, and will be substantially completed and placed in service within 112 consecutive calendar days after issuance of the "Notice to Proceed" and the work will be finally completed and ready for final payment within 142 consecutive calendar days as specified in the "Notice to Proceed", subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in this agreement and the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City of Port Arthur Party of the First Part (OWNER) Party of the Second Part(CONTRACTOR) By: By: ATTEST: ATTEST: A-1 SECTION B ADVERTISEMENT AND INVITATION FOR BIDS Construction Advertisement and Invitation for Bids The CITY OF PORT ARTHUR will receive bids for Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue until 3:00 p.m. on Wednesday, June 27, 2018 at City of Port Arthur City Hall, Office of the City Secretary, 4th Floor, 444 4th Street, Port Arthur, Texas. The bids will be publicly opened and read aloud at 3:15 p.m. on Wednesday, June 27, 2018 at City of Port Arthur City Hall, 5th Floor Council Chamber, 444 4th Street, Port Arthur, Texas. Bids are invited for several items and quantities of work as follows: Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue Bid/Contract Documents, including Drawings and Technical Specifications are on file at the following locations: CITY OF PORT ARTHUR Clifton Williams, CPPB, Purchasing Manager 444 4TH Street Port Arthur, Texas 77640 ARCENEAUX WILSON & COLE LLC 2901 Turtle Creek Drive, Suite 320 Port Arthur, Texas 77642 THE ASSOCIATED GENERAL CONTRACTORS 5458 Ave. A Beaumont, Texas 77705 Please contact the office of Arceneaux Wilson & Cole LLC for instructions on how to obtain copies of the Bid/Contract Documents at: (409) 724-7888. A bid bond in the amount of 5 percent of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the City of Port Arthur or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. Attention is called to the fact that not less than, the federally determined prevailing (Davis-Bacon and Related Acts) wage rate, contained in the contract documents, must be paid on this project. In addition, the successful bidder must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex age or national origin. The City of Port Arthur reserves the right to reject any or all bids or to waive any informalities in the bidding. 6-1 Bids may be held by the City of Port Arthur for a period not to exceed 60 days from the date of the bid opening for the purpose of reviewing the bids and investigating the bidder's qualifications prior to the contract award. Per Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. City of Port Arthur Clifton Williams, CPPB, Purchasing Manager All contractors/subcontractors that are debarred, suspended or otherwise excluded from or ineligible for participation on federal assistance programs may not undertake any activity in part or in full under this project. Bidder is cautioned to read all contract documents before submitting bid, especially Item 18, Section C of the information to bidders. All bidders shall be required to attend the Mandatory Pre-Bid Conference on: Thursday, June 14, 2018 at 10:00 AM at the City of Port Arthur City Hall, 444 4th Street, 5m Floor Council Chambers, Port Arthur, Texas 77640. 1st Advertisement: June 5, 2018 2nd Advertisement: June 12, 2018 B-2 SECTION C INSTRUCTION TO BIDDERS FOR CONSTRUCTION INSTRUCTION TO BIDDERS FOR CONSTRUCTION 1. Use of Separate Bid Forms These contract documents include a complete set of bid and contract forms which are for the convenience of the bidders and are not to be detached from the contract document, completed or executed. Separate bid forms are provided for your use. 2. Interpretations or Addenda No oral interpretations will be made to any bidder. Each request for an interpretation shall be made in writing to the Grant Recipient or engineer no less than seven (7) days prior to the bid opening. Each interpretation made will be in the form of an Addendum to the contract documents and will be distributed to all parties holding contract documents no less than five (5) days prior to the bid opening. It is, however, the bidder's responsibility to make inquiry as to any addenda issued. All such addenda shall become part of the contract documents and all bidders shall be bound by such addenda, whether or not received by the bidders. 3. Inspection of Site Each bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions there and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the contract. The bidder should thoroughly examine and familiarize himself with the drawings, technical specifications and all other contract documents. The contractor by the execution of the contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal document or to visit the site or acquaint himself with the conditions there existing. The city will be justified in rejecting any claim based on lack of inspection of the site prior to the bid. 4. Alternate bid items No alternate bids or bid items will be considered unless they are specifically requested by the technical specifications. 5. Bids a. All bids must be submitted on the forms provided and are subject to all requirements of the Contract Documents, including the Drawings. b. All bids must be regular in every respect and no interlineation, excisions or special conditions may be made or included by the bidder. c. Bid documents, including the bid, the bid bond, and the statement of bidders' qualifications shall be sealed in an envelope and clearly labeled with the words "Bid Documents", the project number, name of bidder and the date and time of bid opening. G1 d. The City of Port Arthur may consider as irregular any bid on which there is an alteration of or departure from the bid form and, at its option, may reject any irregular bid. e. If a contract is awarded, it will be awarded to a responsible bidder on the basis of the lowest/best bid and the selected alternate bid items, if any. The contract will require the completion of the work in accordance with the contract documents. 6. Bid Modifications Prior to Bid Opening a. Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the City of Port Arthur prior to the closing time, and provided further, the City of Port Arthur is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition, subtractions or other modifications so that the final prices or terms will not be known by the City of Port Arthur until the sealed bid is open. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. b. Likewise, any bidder may modify a bid by submitting a supplemental bid in person prior to the scheduled closing time for receipt of bids. Such supplemental bid should mention only additions or subtractions to the original bid so as to not reveal the final prices or terms to the City of Port Arthur until the sealed bid is open. 7. Bid Bond a. A bid bond in the amount of 5% of the bid issued by an acceptable surety shall be submitted with each bid. A certified check or bank draft payable to the City of Port Arthur or negotiable U.S. Government Bonds (as par value) may be submitted in lieu of the Bid Bond. b. The bid bond or its comparable, will be returned to the bidder as soon as practical after the opening of the bids. 8. Statement of Bidders Qualifications Each bidder shall submit on the form furnished for that purpose a statement of the bidder's qualifications. The City of Port Arthur shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Port Arthur all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available data does not satisfy the City of Port Arthur that the bidder is qualified to carry out properly the terms of the contract. 9. Unit Price The unit price for each of the several items in the bid shall include its pro rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this C-2 requirement may be rejected as informal. Special attention is drawn to this condition, as the unit prices will be used to determine the amount of any change orders resulting from an increase or decrease in quantities. 10. Corrections: Erasures or other corrections in the bid must be noted over the signature of the bidder. 11. Time for Receiving Bids Bids received prior to the advertised hour of opening shall be kept securely sealed. The officer appointed to open the bids shall decide when the specified time has arrived and no bid received thereafter will be considered; except that when a bid arrives by mail after the time fixed for opening, but before the reading of all other bids is completed, and it is shown to the satisfaction of the City of Port Arthur that the late arrival of the bid was solely due to delay in the mail for which the bidder was not responsible, such bid will be received and considered. 12. Opening of Bids The City of Port Arthur shall, at the time and place fixed for the opening of bids, open each bid and publicly read it aloud, irrespective of any irregularities therein. Bidders and other interested individuals may be present. 13. Withdrawal of Bids Bidder may withdraw the bid before the time fixed for the opening of bids, by communicating his purpose in writing to the locality. Upon receipt of such notice, the unopened bid will be returned to the bidder. The bid guaranty of any bidder withdrawing his bid will be returned promptly. 14. Award of Contract/Rejection of Bids a. The contract will be awarded to the responsive, responsible Bidder submitting the lowest/best bid. The bidder selected will be notified at the earliest possible date. The City of Port Arthur reserves the right to reject any or all bids and to waive any informality in bids received where such rejection or waiver is in its interest. b. The City of Port Arthur reserves the right to consider as unqualified to do the work any bidder who does not habitually perform with his own forces the major portions of the work involved in construction of the improvements embraced in this contract. 15. Execution of Agreement/Performance and Payment Bonds a. Performance and Payment Bonds, Requires all prime contractors which enter into a formal contract in excess of $5,000 with the State, any department, board, agency, municipality, county, school district or any division or subdivision thereof, to obtain a Payment Bond in the amount of the contract before commencing with work and a performance bond for public works contracts in excess of$100,000. b. The failure of the successful bidder to execute the agreement and supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City of Port Arthur may grant, C-3 shall constitute a default and the City of Port Arthur may, at its option either award the contract to the next lowest responsible bidder, or re-advertise for bids. In either case, the City of Port Arthur may charge against the bidder the difference between the amount of the bid, and the amount for which a contract is subsequently executed irrespective of whether this difference exceeds the amount of the bid bond. If a more favorable bid is received through re-advertisement, the defaulting bidder shall have no claim against the City of Port Arthur for a refund. 16. Wages and Salaries Attention is particularly called to the requirement of paying not less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. 17. Equal Employment Opportunity Attention is called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their race, color, creed, sex, gender, or national origin. 18. Pre-Bid Conference A MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on Thursday, June 14, 2018 at, 10:00 AM, at City of Port Arthur City Hall, 444 4th Street, 5th Floor Council Chambers, Port Arthur, TX 77640. The purpose of the MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the MANDATORY PRE-BID CONFERENCE will be rejected and returned unopened to the Bidder. C-4 SECTION D BID BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 CITY OF PORT ARTHUR, TEXAS 77640 Proposal of an Oldcastle company (hereinafter called "BIDDER"), organized and existing under the laws of the State of Texas,doing business as * a Corporation , and acting by and through Oldcastle Materials Texas, Inc.,dba Gulf Coast To the City of Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of: Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis 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 as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of$ 500.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Sections 9 and 40 of the General Contract Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: N/A *Insert "a corporation," "a partnership," or"an individual" as applicable. 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'4 >, c GI.— al. 0 9 0 H w U o o trlD d GelH o a z a D >- H 0 C ao o z OW w ; 0 0 0 o 0 0 H oo in 0 d; uo H v) EA EA rm 6.Rl y 6. y 2 r = .12 w Q v A v I H CO o C nzs v n 0 c` w at I.+ '0 N x 0 N d o .E... rn z v ; z L 3 — 0 - rr 0 a g c Er, Eel E.., (Tsc O C: O U o 0 I_ O D a ; N ER EA CA I--- 2 Li¢ ¢H D w H c+1 rh ��d" O Cr W Ch w H w A H Q 0 z z a c o X w w U m U W C Ce ¢ 0 W W a CQ m H a a o Z r4 c 0 W 3 3 o a A a A 72 A Q E- o o 0 Z z U W N H -et N0 F- ''' Z o o H d d o 0 14 H a w F-wpa H H W 0 Q o o c/) H STATEMENT FOR SEPARATED CONTRACT COMPLIANCE: TOTAL BASE BID: Non-consumable material and equipment. - ) ��J (Tax Exempt) TOTAL BASE BID: Skill, labor and consumable material,tools, 9����� and equipment. (Not Tax Exempt) -rR f I/ 2iud(ng no enC./ Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include labor, equipment overhead, profit, insurance,etc.to cover the finished work of the several kinds called for. 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 plus anY Alternate(s)described above which is most advantageous to the OWNER. Respectfully submitted: (NAME OF CONTRA • ) (ADDRESS) Oldcastle Mat j.ls Texas, nc.dba 12907 US Hwy 90, Beaumont,TX 77713 Gulf Coast .�'• :c. I fpany BY: 4 (409)866-1444 Scot Blanchard (TELEPHONE NUMBER) TITLE: Asst.Secretary --- — (LICENSE NUMBER IF APPLICABLE) DATE: June 27,2018 A (SEAL,IF BIDDER IS A CORPORATION) IATT S 7 D-1 1 AFFIDAVIT All pages in offer's bid proposal containing statements, letters, etc., shall be signed by a duly authorized officer of the company,whose signature is binding on the bid proposal. The undersigned offers and agrees to one of the following: Nif 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 agrees to pay said debts prior to execution of this agreement. I hereby certify that I do have outstanding debts with the City of Port Arthur and agrees to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. NAME OF OFFERER: Oldcastle Materials Texas, Inc.,dba Gulf Coast an Oldcastle company TITLE: Asst.Secretary, ADDRESS: 12907 US Highway 90 CITY/STATE/ZIP: Beaumont,TX 77713 TELEPHONE NUMBER: (409)866-1444 '1 / SIGNATURE: fit/ Sctt Blanchard SUBSCRIBED AND SWORN to before me by the above namedLon this the 27th day of June 320 2018 . Notary Public in and for the State of Texas RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL PAULA HARRIS 461: I '6 Notary lD k117957s ^I My Commission Expires I �'— May 9,2021 Armunirxerepairuipqww D-12 CITY OF PORT ARTHUR 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: Signature City of Port Arthur Representative CPA Federally Funded D-13 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Texas County of Jefferson Scott Blanchard _ being first duly sworn, deposes and says that: Asst. Oldcastle Materials Texas, Inc.,dba Gulf Coast an (1) He Is Secretary of Oldcastle company ,the Bidder that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Port Arthur (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of he Bidder or any of its agents, representatives, owners, employees, or parties in Interest, inc ,► ng t "sj Rant. / (Signed) I Sco : anc arcT__._. Asst.Secretary Title Subscribed and sworn to me this 27th _ day of June,2018 B I/_�( i Notary Public My commission expires May 9,2021 _. .. ----- ,I` PAULA HARRIS Jl� Notary!D 41179525 ,PIF My Commission Expires 4, May 9,2021 CPA Federally Funded D-14 CONTRACTOR'S LOCAL OPPORTUNITY PLAN Oldcastle Materials Texas, Inc.,dba Gulf Coast an Oldcastle company agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the County of Jefferson County A. To ascertain from the Grant Recipient's CDBG program official the exact boundaries of the project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through. local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within and servicing the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center(OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this plan in all bid documents and to require all bidders on subcontracts to submit an affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. F. To insure that subcontracts (greater than $10,000), which are typically let on a negotiated rather than a bid basis in areas other than the covered project area, are also let on a negotiated basis,whenever feasible, in a covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation in this effort. G. To insure that all appropriate project area business concerns are notified of pending sub- contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this plan. J. To maintain records concerning the amount and number of contracts, subcontracts, and purchases which contribute to objectives. K. To maintain records of all projected work force needs for all phases of the project by occupation, trade, skill level, and number of positions and to update these projections based on the extent to which hiring meets these Local Opportunity objectives. Oldcastle Materials Texas, Inc., dba Gulf As officers and representatives of Coast an Oldcastle company we the undersigned have read and fully agree to this Plan, and become a party to the full implementation of the program an s provisions. ez6, Sigr aiureScott Blanchard Asst.Secretary June 27,2018 Title ..._ _.. __..__ Date D-15 PROPOSED CONTRACTS BREAKDOWN Type of Contracts No. of Approx. Total Estimated No. to Estimated $ Contracts Dollar Amount local Business Amount Local Business To Be Determined Upon Award ESTIMATED PROJECT WORKFORCE BREAKDOWN Work Total Estimated No. of Positions No. of Positions No. of Positions Classifications Positions Currently Filled not Filled to fill with L/M Residents Asphalt Dist Operator 1 1 0 0 Asphalt Paver Operator 1 1 0 0 Asphalt Street Operator 1 1 0 0 Service Truck Driver 1 1 0 0 Laborer 2 2 0 0 Roller Operator 2 2 0 0 Foreman 1 1 0 0 Totals D-16 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. Oldcastle Materials Texas, Inc.,dba Gulf Coast Name of Bidder:an Oldcastle company Date Organized:_ 1945 Address: Date Incorporated; 1980 12907 US Highway 90, Beaumont,Texas III T 3 Number of Years in contracting business under present name: 73 CONTRACTS ON HAND: Contract Amount$ Completion Date See attached work history Type of work performed by your company: Road, Highway and Bridge Construction Have you ever failed to complete any work awarded to you? No Have you ever defaulted on a contract? No List the projects most recently completed by your firm(include project of similar importance): Project Amount$ Mo/Yr Completed See attached work history Major equipment available for this contract: We have access to all equipment required to construct this project Attach resume(s)for the principal member(s) of your organization, including the officers as well as the proposed superintendent for the project. Credit available: $_up R g L Bank reference:Bank of America, Lois Marshal FAX: (415)343-0310 The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Port Arthur in verification of the recitals comprising this Statement of Bidder's Qualifications. Executed this 27th .,y June __�_, 2018. By:(signature) A �- Title: Asst. Secretary (print name).. .5"0T I GAn1 G NR 2p D-17 CONTRACTOR CERTIFICATIONS U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING CIVIL RIGHTS LAWS AND REGULATIONS INSTRUCTIONS CERTIFICATION OF BIDDER REGARDING Executive Order 11246 and Federal Laws Requiring Federal Contractor to adopt and abide by equal employment opportunity and affirmative action in their hiring,firing,and promotion practices. This Includes practices related to race,color,gender,religion,national origin,disability,and veterans'rights. NAME AND ADDf ESS OF BIDDER(include ZIP Codea Oldcastle Materials exas, Inc.,dba Gulf Coast an idcastle company 12907 US Hwy 90, Beaumont, TX 77713 CERTIFICATION BY BIDDER Bidder has participated in a previous contract or subcontract subject to Civil Rights Laws and Regulations. %Yes 0 No The undersigned hereby certifies that: The Provision of Local Training,Employment,and Business Opportunities clause(Section 3 provision)is included in the Contract. A written Section 3 plan(Local Opportunity Plan)was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$100,000). ld The Non Segregated Facilities clause(Section 109 provision)is included In the Contract. No segregated facilities 0 will be maintained as required by Title VI of the Civil Rights Act of 1964. ts,The Equal Employment Ooportunity clause is included in the Contract(if bid equals or exceeds$10,000). IJ The Affirmative Action for Handicacoed Workers clause is included in the contract. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246,as amended? ❑ YesNo Scott Blanchard,Asst. Secretary NAME AND TITLE OF NER(Please type) --- VJune_ 27,2018 SIGNATURE -- ----- DATE � SECTION 504 CERTIFICATION D-18 POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY Oldcastle Materials Texas, Inc.,dba Gulf The Coast an Oldcastle company does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs or activities. Oldcastle Materials Texas, Inc., dba Gulf (Name) an Oldcastle company (Address) 12907 US Hwy 90 Beaumont,TX 77713 City State Zip Telephone Number (409 ) 866 _ 1444 Voice ( ) - TDD has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's (HUD) regulations implementing Section 504 (24 CFR Part 8. dated June 2, 1988). D-19 i G+an'eassubrecipi int l City of PQ Arthur l include s Ronlb sp s3�pa ..-AL's., .<4-. -w ;tic.: Texas General Land Office ',��''' -�- `‘ Community Development Block Grant(CDBG) :ticlit - Disaster Recovery Program *°.';f;:-.- Contractor Certification of Efforts to Fully Comply with Employment and Training Provisions of Section 3 Economic Opportunities for Low and Very low-Income Persons THE BIDDER REPRESENTS AND CERTIFIES AS PART OF ITS BIDIOFFER THAT 1T: ❑ b a Section 3 Businesa Conoem.A Section 3 Business Concern means a business concern: 1. That is 51%or more owned by Section 3 Res dent(s);or 2 Whose permanent,tuIFtkne employees Include persons,at bast 3O of whom are cu rrentty Section 3 Residents,or 3. That provides evidence of a convnfbnertt to subcontract in excess of 25%of the drier value of elf sthcontrec s to be awarded to Section 3 Business Concerns,that meet the qualifications set forth in paragraphs 1 or 2 herein. [F la NOT a Section 3 Business Concern,but who has and wle continua to seek complannce wxh Section 3 by certFying the fat:wmg efforts to be undertaken, EEE RTS TO AWARD SUBCONTRACTOR TO SECTION 3 CONCERNS (Ch eck All that apply) By contacting business assistance agencies,minority contractors associations and community organizations to inform them of the contracting opportuniles and requesting heir assistance in identifying Section 3 businesses which may sobdl bids for a portion of the work. ❑ By advertising contracting opporttn ies by posing notices,which provide general IrJarrnWon about the work to be contracted and where to obtain additional Information,In the common areas of the applicable developments)owned and managed by the Housing Authority. ❑ By providing wrttisn notice to all known Section 3 Business Concerns of contracting opportunities.This notice should be in sufdcferht time to �f allow the Section 3 Business Concerns to respond to bid Invitations . Ar.By following up with Section 3 Business Concerns that have expressed Interest n the contacting opportunities. Nir By coordinating meetings at which Section 3 Business Concerns could be ktfomned of specific elements of the work for which subcontract beds are being sought. ❑ By conducting workshops on contracting procedures and specific contracting opportunitties in a timely manner so that Section 3 Business Concerns can take advantage of oontracting opportunities. iic By advising Section Business Concerns as to where they seek assistance to overcome barriers such as ihabilty to obtain bonding,tines of credit,financing,or Insurance and aiding Section 3 Businesses in 4..ittifying for such bonding,financing,insurance,etc..., 41%re appropriate,by breaking out contract work into ecaanvcally feasible urns to fastbele participation by Section 3 businesses. By developing and using a list of e1gibie Section 3 Business Concerns. ❑ By actively supporting and undertaldng Joint ventures with Section 3 Businesses. EFFORTS TO PROVIDE113AINtN0 AND EMPLOYMENT TO SECTION 3 RESIDENTS ❑ By entering into a'first source'hiring agreements wean organizations representing Section 3 Residents. ❑ By eatebtishi g ming programs,which are consistent with he requirements of the Department of Labor,specfcaly for Section 3 Residents In the bolding trades. gr By advertising employment and training positions to dwelling units occupied by Category 1 and 2 resktents, ❑ By contacting resident councils end other resident organization in the affected housing development to request assistance In notifying residents of the taking and employment positions to be filled. ❑ .By arranging interviews and conducting Interviews on the job site. Se By undertaking such continued lob-training efforts as may be necessary to ensure the continued employment of Section 3 Residents previously hired for employment opportunities. Oldcastle terials Tex. , Inc.,dba Contractor NamelBuslnets Name: Signature Field P. DDate/Time Field June 27,2018 Sco larchhard,Asst.Secre - la "'"'" D-20 SECTION E BID BOND BID BOND Oldcastle Materials Texas, Inc., dba KNOW ALL MEN BY THESE PRESENTS,that we the undersigned,Gulf Coast an Oldcastle company as PRINCIPAL, and Liberty Mutual Insurance Company , as SURETY are held and firmly bound unto City of Port Arthur hereinafter called the "Owner', in the penal sum of Dollars, ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid,dated June 27,2018 for City of Port Arthur Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue NOW, THEREFOR, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the local Public Agency may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this 27th day of June, 2018 , the name and corporate seal of each corporate party being hereto affixed and these present signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) (SEAL) Attest: By: Affix Corporate Attest: By: A ` Seal Scott Blancha .,Asst. Secretary Affix Cot prate Seal Attest: By. Artie cker,Att my tfi Fact Countersigned By *Attorney-in-Fact., State of Texas SURETY ACKNOWLEDGMENT STATE OF Texas } COUNTY OF Jefferson } SS On this 27th day of June, 2018, before me personally came Artie Tucker to me known,who, being by me duly sworn, did depose and say that he is an Attorney-In- Fact of LIBERTY MUTUAL INSURANCE COMPANY the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-In- Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. 6.4001 Notary Public SECTION F GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION GENERAL CONTRACT CONDITIONS FOR CONSTRUCTION 1. Contract and Contract Documents (a) The project to be constructed pursuant to this contract will be financed with assistance from the CDBG and is subject to all applicable Federal and State laws and regulations. (b) The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General Conditions shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. 2. Definitions Whenever used in any of the contract Documents, the following meanings shall be given to the terms here in defined: (a) The term "Contract" means the Contract_ executed between the }�v of Port Arthur, hereinafter called the Owner and caste Materials exas, nc., ba Vv called Contractor, of which these GENERAL CONDITIONS, form a part. an Oldcastle company (b) The term "Project Area" means the area within which are the specified Contract limits of the Improvements contemplated to be constructed in whole or in part under this contract. (c) The term "Engineer" means Arceneaux Wilson & Cole LLC Engineer in charge, serving the Owner with architectural or engineering services, his successor, or any other person or persons, employed by the Owner for the purpose of directing or having in charge the work embraced in this Contract. (d) The term "Contract Documents" means and shall include the following: Executed Contract, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the Schedule of Drawings). 3. Supervision By Contractor (a) Except where the Contractor is an individual and gives his personal supervision to the work, the Contractor shall provide a competent superintendent, satisfactory to the Local Public Agency and the Engineer, on the work at all times during working hours with full authority to act for him. The Contractor shall also provide an adequate staff for the proper coordination and expediting of his work. (b) The Contractor shall lay out his own work and he shall be responsible for all work executed by him under the Contract. He shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from his failure to do so. 2009 TxCDBG Project Implementation Manual Appendix K F-1 4. Subcontracts (a) The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he has verified the subcontractor as eligible to participate in federally funded contracts. (b) No proposed subcontractor shall be disapproved by the city/county except for cause. (c) The Contractor shall be as fully responsible to the city for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work and required compliance by each subcontractor with the applicable provisions of the Contract. (e) Nothing contained in the Contract shall create any contractual relation between any subcontractor and the Owner. 5. Fitting and Coordination of Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all trades, subcontractors, or material suppliers engaged upon this Contract. 6. Payments to Contractor (a) Partial Payments 1) The Contractor shall prepare his requisition for partial payment as of the last day of the month and submit it, with the required number of copies, to the Engineer for his approval. The amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) Five percent (5%) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices contained in the agreement. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection of the Engineer. 2) Monthly or partial payments made by the Owner to the Contractor are moneys advanced for the purpose of assisting the contractor to expedite the work of construction. The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details. (b) Final Payment 1) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the careful inspection of each item of work at the applicable unit prices stipulated in the 2009 TxCDBG Project Implementation Manual Appendix K F-2 Agreement. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. 2) The Owner before paying the final estimate, shall require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Owner deems it necessary in order to protect its interest. The Owner may, if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this Contract. 3) Any amount due the Owner under Liquidated Damages, shall be deducted from the final payment due the contractor. (c) Payments Subject to Submission of Certificates Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors. (d) Withholding Payments The Owner may withhold from any payment due the Contractor whatever is deemed necessary to protect the Owner, and if so elects, may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. 7. Changes in the Work (a) The Owner may make changes in the scope of work required to be performed by the Contractor under the Contract without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. Additionally, all such change orders must be approved by the CDBG staff prior to execution of same. (b) Except for the purpose of affording protection against any emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner of constructing and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Owner authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price will be valid unless so ordered. 2009 TxCDBG Project Implementation Manual Appendix K F-3 (c) If applicable unit prices are contained in the Agreement, the Owner may order the Contractor to proceed with desired unit prices specified in the Contract; provided that in case of a unit price contract the net value of all changes does not increase the original total amount of the agreement by more than twenty-five percent (25%) or decrease the original the total amount by eighteen percent (18%). (d) Each change order shall include in its final form: 1) A detailed description of the change in the work. 2) The Contractor's proposal (if any) or a confirmed copy thereof. 3) A definite statement as to the resulting change in the contract price and/or time. 4) The statement that all work involved in the change shall be performed in accordance with contract requirements except as modified by the change order. 5) The procedures as outlined in this Section for a unit price contract also apply in any lump sum contract. 8. Claims for Extra Cost (a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or extension of time, he shall, within ten days after the receipt of such instructions, and in any event before proceeding to execute the work, submit his protest thereto in writing to the Owner, stating clearly and in detail the basis of his objections. No such claim will be considered unless so made. (b) Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be recognized unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the Drawings and maps issued. (c) Any discrepancies which may be discovered between actual conditions and those represented by the Drawings and maps shall be reported at once to the Owner and work shall not proceed except at the Contractor's risk, until written instructions have been received by him from the Owner. (d) If, on the basis of the available evidence, the Owner determines that an adjustment of the Contract Price and/or time is justifiable, a change order shall be executed. 9. Termination. Delays, and Liquidated Damages (a) Right of the Owner to Terminate Contract. 1) In the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract. The notices shall contain the 2009 TxCDBG Project Implementation Manual Appendix K F-4 reasons for such intention to terminate the contract, and unless such violation or delay shall cease and satisfactory arrangement of correction be made within ten days, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor. The Surety shall have the right to take over and perform the contract. Provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and complete the project by bid/contract or by force account at the expense of the Contractor and his Surety shall be liable to the Owner for any excess cost incurred. In such event the Owner may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. (b) Liquidated Damages for Delays. 1) If the work is not completed within the time stipulated in the applicable bid for Lump Sum or Unit Price Contract provided, the Contractor shall pay to the Owner as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of$ 500.00 for each calendar day of delay, until the work is completed. The Contractor and his sureties shall be liable to the Owner for the amount thereof. (c) Excusable Delays. 1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due to: 2) Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency; 3) Any acts of the Owner; 4) Causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in the performance of some other contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions. 5) The Contractor promptly notifies the Owner within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the Owner shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the Owner shall extend the time for completing the work for a period of time commensurate with the period of excusable delay. 6) Below is the number of projected rain days per month used to calculate a total number of rain days to be added to the Contract for the period of the Contract. Jan 4 Feb 2 Mar 4 Apr 7 May 6 Jun 8 Jul 6 Aug 9 Sep 2 Oct 1 Nov 4 Dec 6 2009 TxCDBG Project Implementation Manual Appendix K F-5 (d) Working Hours 1) Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 10. Assignment or Novation The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Owner; provided, however, that assignments to banks or other financial institutions may be made without the consent of the Owner. No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered, and materials, tools, and equipment supplied for the performance of the work under this Contract in favor of all persons, firms, or corporations rendering such labor or services or supplying such materials, tools, or equipment. 11. Disputes (a) All disputes arising under this Contract or its interpretation except those disputes covered by FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall, within ten (10) days of commencement of the dispute, be presented by the Contractor to the Owner for decision. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days of its commencement, the claim will be considered only for a period commencing ten (10) days prior to the receipt of the Owner. (b) The Contractor shall submit in detail his claim and his proof thereof. (c) If the Contractor does not agree with any decision of the Owner, he shall in no case allow the dispute to delay the work but shall notify the Owner promptly that he is proceeding with the work under protest. 12. Technical Specifications and Drawings Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa, shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings and Technical Specifications, the Technical Specifications shall govern. In case of any discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to the Owner, without whose decision, said discrepancy shall not be adjusted by the Contractor, save only at his own risk and expense. 13. Shop Drawings 2009 TxCDBG Project Implementation Manual Appendix K F-6 (a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the Engineer in 6 copies for approval sufficiently in advance of requirements to afford ample time for checking, including time for correcting, resubmitting and rechecking if necessary. The Contractor may proceed, only at his own risk, with manufacture or installation of any equipment or work covered by said shop drawings, etc. until they are approved and no claim, by the Contractor, for extension of the contract time shall be granted by reason of his failure in this respect. (b) Any drawings submitted without the Contractor's stamp of approval will not be considered and will be returned to him for proper resubmission. If any drawings show variations from the requirements of the Contract because of standard shop practice or other reason, the Contractor shall make specific mention of such variation in his letter of transmittal in order that, if acceptable, suitable action may be taken for proper adjustment of contract price and/or time, otherwise the Contractor will not be relieved of the responsibility for executing the work in accordance with the Contract even though the drawings have been approved. (c) If a shop drawing is in accordance with the contract or involves only a minor adjustment in the interest of the Owner not involving a change in contract price or time; the engineer may approve the drawing. The approval shall not relieve the Contractor from his responsibility for adherence to the contract or for any error in the drawing. 14. Requests for Supplementary Information It shall be the responsibility of the Contractor to make timely requests of the Owner for any additional information not already in his possession which should be furnished by the Owner under the terms of this Contract, and which he will require in the planning and execution of the work. Such requests may be submitted from time to time as the need approaches, but each shall be filed in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay. Each request shall be in writing, and list the various items and the latest date by which each will be required by the Contractor. The first list shall be submitted within two weeks after Contract award and shall be as complete as possible at that time. The Contractor shall, if requested, furnish promptly any assistance and information the Engineer may require in responding to these requests of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others arising from his failure to comply fully with the provision of this section. 15. Materials and Workmanship (a) Unless otherwise specifically provided for in the technical specifications, all workmanship, equipment, materials and articles incorporated in the work shall be new and the best grade of the respective kinds for the purpose. Where equipment, materials, articles or workmanship are referred to in the technical specifications as "equal to" any particular standard, the Engineer shall decide the question of equality. (b) The Contractor shall furnish to the Owner for approval the manufacturer's detailed specifications for all machinery, mechanical and other special equipment, which he contemplates installing together with full information as to type, performance characteristics, and all other pertinent information as required, and shall likewise submit for approval full information concerning all other materials or articles which he proposes to incorporate. 2009 TxCDBG Project Implementation Manual Appendix K F-7 (c) Machinery, mechanical and other equipment, materials or articles installed or used without such prior approval shall be at the risk of subsequent rejection. (d) Materials specified by reference to the number or symbol of a specific standard, shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in the technical specifications shall have full force and effect as though printed therein. (e) The Owner may require the Contractor to dismiss from the work such employee or employees as the Owner or the Engineer may deem incompetent, or careless, or insubordinate. 16. Samples, Certificates and Tests (a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the contract documents or required by the Engineer, promptly after award of the contract and acceptance of the Contractor's bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor's own risk, until the required samples or certificates have been approved in writing by the Engineer. Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the contract time. (b) Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer. The accompanying certificate or letter from the Contractor shall state that the sample complies with contract requirements, shall give the name and brand of the product, its place of origin, the name and address of the producer and all specifications or other detailed information which will assist the Engineer in making a prompt decision regarding the acceptability of the sample. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements. (c) Approval of any materials shall be general only and shall not constitute a waiver of the Owner's right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as he deems necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval. If materials, equipment or accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure such reparation by the Contractor as is equitable. (d) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be accepted by the OWNER. The CONTRACTOR will pay for all laboratory inspection service direct, as part of the Contract. 17. Permits and Codes (a) The Contractor shall give all notices required by and comply with all applicable laws, ordinances, and codes of the Local Government. All construction work and/or utility installations shall comply with all applicable ordinances, and codes including all written 2009 TxCDBG Project Implementation Manual Appendix K F-8 waivers. Before installing any work, the Contractor shall examine the drawings and technical specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the Owner. Where the requirements of the drawings and technical specifications fail to comply with such applicable ordinances or codes, the Owner will adjust the Contract by Change Order to conform to such ordinances or codes (unless waivers in writing covering the difference have been granted by the governing body or department) and make appropriate adjustment in the Contract Price or stipulated unit prices. (b) Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility at variance with any applicable ordinance or code, including any written waivers (notwithstanding the fact that such installation is in compliance with the drawings and technical specifications), the Contractor shall remove such work without cost to the Owner. (c) The Contractor shall at his own expense, secure and pay for all permits for street pavement, sidewalks, shed, removal of abandoned water taps, sealing of house connection drains, pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the local regulatory body or any of its agencies. (d) The Contractor shall comply with applicable local laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and commit no trespass on any public or private property in any operation due to or connected with the Improvements contained in this Contract. (e) The Contractor will be required to make arrangements for and pay the water, electrical power, or any other utilities required during construction. (f) During construction of this project, the Contractor shall use every means possible to control the amount of dust created by construction. Prior to the close of a day's work, the Contractor, if directed by the Owner, shall moisten the bank and surrounding area to prevent a dusty condition. 18. Care of Work (a) The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in connection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. (b) The Contractor shall provide sufficient competent watchmen, both day and night, including Saturdays, Sundays, and holidays, from the time the work is commenced until final completion and acceptance. (c) In an emergency affecting the safety of life, limb or property, including adjoining property, the Contractor, without special instructions or authorization from the Owner is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act. He shall likewise act if instructed to do so by the Owner. (d) The Contractor shall avoid damage as a result of his operations to existing sidewalks, streets, curbs, pavements, utilities (except those which are to be replaced or removed), 2009 TxCDBG Project Implementation Manual Appendix K F-9 adjoining property, etc., and he shall at his own expense completely repair any damage thereto caused by his operations. (e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements included in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or adjacent property owner or other party before the commencement of any work. The Contractor shall indemnify and save harmless the Owner from any damages on account of settlements or the loss of lateral support of adjoining property and from all loss or expense and all damages for which the Owner may become liable in consequence of such injury or damage to adjoining and adjacent structures and their premises. 19. Accident Prevention (a) No laborer or mechanic employed in the performance of this Contract shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety as determined under construction safety and health standards promulgated by the Secretary of Labor. (b) The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. (c) The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the Owner with reports concerning these matters. (d) The Contractor shall indemnify and save harmless the Owner from any claims for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. (e) The Contractor shall provide trench safety for all excavations more than five feet deep prior to excavation. All OSHA Standards for trench safety must be adhered to by the Contractor. (f) The contractor shall at all times conduct his work in such a manner as to insure the least possible inconvenience to vehicular and pedestrian traffic. At the close of the work each day, all streets where possible in the opinion of the Owner, shall be opened to the public in order that persons living in the area may have access to their homes or businesses by the use of the streets. Barricades, warning signs, and necessary lighting shall be provided to the satisfaction of the Owner at the expense of the Contractor. 20. Sanitary Facilities The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as required. Drinking water shall be provided from an approved source, so piped or transported as to keep it safe and fresh and served from single service containers or satisfactory types of sanitary 2009 TxCDBG Project Implementation Manual Appendix K F-10 drinking stands or fountains. All such facilities and services shall be furnished in strict accordance with existing and governing health regulations. 21. Use of Premises (a) The Contractor shall confine his equipment, storage of materials, and construction operations to the contract limits as shown on the drawings and as prescribed by ordinances or permits, or as may be desired by the Owner, and shall not unreasonably encumber the site or public rights of way with his materials and construction equipment. (b) The Contractor shall comply with all reasonable instructions of the Owner and all existing state and local regulations regarding signs, advertising, traffic, fires, explosives, danger signals, and barricades. 22. Removal of Debris, Cleaning, Etc. The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the Project Area and public rights of way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for work, and put the whole site of the work and public rights of way in a neat and clean condition. 23. Inspection (a) All materials and workmanship shall be subject to inspection, examination, or test by the Owner and Engineer at any and all times during manufacture or construction and at any and all places where such manufacture or construction occurs. The Owner shall have the right to reject defective material and workmanship or require its correction. Unacceptable workmanship shall be satisfactorily corrected. Rejected material shall be promptly segregated and removed from the Project Area and replaced with material of specified quality without charge. If the Contractor fails to proceed at once with the correction of rejected workmanship or defective material, the Owner may by contract or otherwise have the defects remedied or rejected materials removed from the Project Area and charge the cost of the same against any Monies which may be due the Contractor, without prejudice to any other rights or remedies of the Owner. (b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which may be required. All tests by the Owner will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the technical specifications. (c) The Contractor shall notify the Owner sufficiently in advance of back filling or concealing any facilities to permit proper inspection. If any facilities are concealed without approval or consent of the Owner, the Contractor shall uncover for inspection and recover such facilities at his own expense, when so requested by the Owner. (d) Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work to make an examination of work already completed by uncovering the same, the Contractor shall on request promptly furnish all necessary facilities, labor, and material. If such work is found to be defective in any important or essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall 2009 TxCDBG Project Implementation Manual Appendix K F-11 defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and material necessarily involved in the examination and replacement, shall be allowed the Contractor and he shall, in addition, if completion of the work of the entire Contract has been delayed thereby, be granted a suitable extension of time on account of the additional work involved. (e) Inspection of materials and appurtenances to be incorporated in the improvements included in this Contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the technical specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the Project Site. (f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the Owner or its agents shall relieve the Contractor or his sureties of full responsibility for materials furnished or work performed not in strict accordance with the Contract. 24. Review by Owner The Owner and its authorized representatives and agents shall have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through its authorized representatives or agents. 25. Final Inspection When the Improvements included in this Contract are substantially completed, the Contractor shall notify the Owner in writing that the work will be ready for final inspection on a definite date which shall be stated in the notice. The Owner will make the arrangements necessary to have final inspection commenced on the date stated in the notice, or as soon thereafter as is practicable. 26. Deduction for Uncorrected Work If the Owner deems it not expedient to require the Contractor to correct work not done in accordance with the Contract Documents, an equitable deduction from the Contract Price will be made by agreement between the Contractor and the Owner and subject to settlement, in case of dispute, as herein provided. 27. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Worker's Compensation Insurance as required by the State of Texas for all of his employees to be engaged in work at the site of the project under this contract and, in 2009 TxCDBG Project Implementation Manual Appendix K F-12 case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Worker's Compensation Insurance. (1) Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, Arceneaux & Gates Consulting Engineering, Inc., A Burrow Global Company, 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). (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance in the following amounts: (1) Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur, Arceneaux & Gates Consulting Engineering, Inc., A Burrow Global Company, its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. (2) Comprehensive Automobile Liability (Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence 2009 TxCDBG Project Implementation Manual Appendix K F-13 for bodily injury and $100,000 per occurrence for property damage. (3) Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date,job number and location; (4) All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). (c) Proof of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner." 28. Warranty of Title No material, supplies, or equipment to be installed or furnished under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed by him to the Owner free from any claims, liens, or charges. Neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this Contract shall have any right to a lien upon any improvement or appurtenance. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any law permitting such persons to look to funds due the Contractor in the hands of the Owner. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. 29. Warranty of Workmanship and Materials Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the improvements included in this Contract by the Owner or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within a period of 12 months from the date of final acceptance of the work. 30. Compliance with Air and Water Acts (a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the regulations of the Environmental Protection Agency with respect thereto, the Contractor agrees that: 2009 TxCDBG Project Implementation Manual Appendix K F-14 1) Any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20. 2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended. 3) Materials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. (b) If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for testing for and removal or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 31. Equal Employment Opportunity (a) The Contractor will not discriminate against any employee or the applicant for employment because of race, color, religion, sex, gender, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, gender, or national origin. Such action shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the owner. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (d) The Contractor shall take affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. (e) Contractors are encouraged to participate in voluntary associations which assist in fulfilling their affirmative action obligations. (1) The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. (g) The Contractor shall not use the affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 2009 TxCDBG Project Implementation Manual Appendix K F-15 (h) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts. (i) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. 32. Affirmative Action for Workers with Disabilities The Contractor will not discriminate against any employee or applicant for employment because of disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based upon their disability in all employment practices such as the following: employment, promotion, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 33. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 34. The Provision of Local Training, Employment, and Business Opportunities (a) To the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. (b) The Contractor will include this clause in every subcontract for work in connection with the project. 35. Non Segregated Facilities The Contractor certifies that he does not and will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not and will not permit his employees any segregated facilities at any of his establishments, or permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 36. Job Offices 2009 TxCDBG Project Implementation Manual Appendix K F-16 (a) The Contractor and his subcontractors may maintain such office and storage facilities on the site as are necessary for the proper conduct of the work. These shall be located so as to cause no interference to any work to be performed on the site. The Owner shall be consulted with regard to locations. (b) Upon completion of the improvements, or as directed by the Owner, the Contractors shall remove all such temporary structures and facilities from the site, and leave the site of the work in the condition required by the Contract. 37. Partial Use of Site Improvements The Owner may give notice to the Contractor and place in use those sections of the improvements which have been completed, inspected and can be accepted as complying with the technical specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the use and accommodation for which it was intended, provided: (a) The use of such sections of the Improvements shall in no way impede the completion of the remainder of the work by the Contractor. (b) The Contractor shall not be responsible for any damages or maintenance costs due directly to the use of such sections. (c) The period of guarantee stipulated in the Section 29 hereof shall not begin to run until the date of the final acceptance of all work which the Contractor is required to construct under this Contract. 38. Contract Documents and Drawings The Local Public Agency will furnish the Contractor without charge 6 copies of the Contract Documents, including Technical Specifications and Drawings. Additional copies requested by the Contractor will be furnished at cost. 39. Contract Period The work to be performed under this contract shall commence within the time stipulated by the Owner in the Notice to Proceed, and shall be fully completed within 142 calendar days thereafter. 40. Liquidated Damages Since the actual damages for any delay in completion of the work under this contract are impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the Owner the sum of Five Hundred Dollars ($ 500.00) as fixed, agreed and liquidated damages for each calendar day of delay from the above stipulated time for completion. 2009 TxCDBG Project Implementation Manual Appendix K F-17 Federal Labor Standards Provisions U.S. Department of Housing And Urban Development The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs,which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when the following criteria have been met. (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator,or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d)The wage rate(including fringe benefits where appropriate)determined pursuant to subparagraphs (1)(b)or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of an laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided,that the Secretary of Labor has found, upon the written 2009 TxCDBG Project Implementation Manual Appendix K F-18 request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may,after written notice to the contractor, sponsor, applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor,disburse such amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party,the contractor will submit the payrolls to the applicant, sponsor,or owner, as the case may be,for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-0014-1), U. S. Government Printing Office,Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; (2)That each laborer or mechanic(including each helper, apprentice, and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph A.3.(ii)(b)of this section. 2009 TxCDBG Project Implementation Manual Appendix K F-19 (d)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph A.3.(i)of this section available for inspection,copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may,after written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4)Apprentices and Trainees. (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training,or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, and 29 CFR Part 30. 5.Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 2009 TxCDBG Project Implementation Manual Appendix K F-20 6.Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (10)and such other clauses as HUD or its designee may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7.Contract termination;debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the David-Bacon and Related Acts contained in 29 CFR Parts 1, 3,and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6,and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i)Certification of Eligibility. By entering into this contract,the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010,Title 18, U.S.C.,"Federal Housing Administration transactions", provides in part"Whoever,for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11.Complaints, Proceedings,or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms"laborers"and "mechanics"include watchmen and guards. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1)of this paragraph,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3)Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2)of this paragraph. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4)of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any 2009 TxCDBG Project Implementation Manual Appendix K F-21 subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1)through (4)of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat.96). (3)The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 2009 TxCDBG Project Implementation Manual Appendix K F-22 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE 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 General Decision Number: TX180056 01/05/2018 TX56 Superseded General Decision Number: TX20170056 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$10.35 for calendar year 2018 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$10.35 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 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself,but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 * 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 Asphalt Raker $ 12.36 G-2 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 S 11.95 G-3 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 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)). G-4 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate(current union negotiated rate for local), a survey rate(weighted average rate)or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates G-5 the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate)ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the G-6 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-7 SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL GENERAL CONDITIONS - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled: Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue, Job No. CPA-840, 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 Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis 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 2-3 Typical Cross Sections 4-5 Legend and Construction Notes 6 Summary Sheet 7-25 Traffic Control Plans 26-31 TxDOT Traffic Control Details 32-36 Demolition Plans 37-41 Plan Views 42 Paving Point Information 43 Driveway Details 44 Construction Details 45-49 SW3P (Storm Water Pollution Prevention Plans) 50 SW3P Index 51-54 TxDOT Pedestrian Facilities 55-58 TxDOT Temporary Erosion, Sediment and Water Pollution Control Measures 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. H-IA 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. K. PROJECT SIGN. The contractor shall have a temporary sign erected in a prominent location at the construction project site or along a major thoroughfare within the community as directed by the Owner. The formatting of such signage shall be legible from at least three (3)feet distance and have the following wording: "This project is funded by the General Land Office of the State of Texas, to provide for disaster recovery and restoration of infrastructure for communities impacted by the 2008 hurricanes. Funds allocated by the United States Department of Housing and Urban Development through the Community Development Block Grant Program." H-2A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO(appropriate recipient) DATE The City of Port Arthur PROJECT NUMBER(if any) CIO PROJECT NAME Roadway Pavement Rehabilitation along West 8th Street from Foley Avenue to Joe Louis Avenue 1. The undersigned,having executed a contract with for the construction of the above-identified project,acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract, (b) Correction of any infractions of the aforesaid conditions,including infractions by any of his subcontractors and any lower tier subcontractors,is his responsibility. 2. He certifies that: (a) Neither he nor any firm,partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of Labor,Part 5(29 CFR, Part 5)or pursuant to Section 3(a)of the Davis-Bacon Act,as amended. (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors,a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION(Describe) (c) The name,title and address of the owner,partners or officers of the undersigned are: NAME TITLE ADDRESS G-8 (d) The names and addresses of all other persons having a substantial interest in the undersigned,and the nature of the interest are: NAME ADDRESS NATURE OF INTEREST (e) The names,addresses and trade classifications of all other building construction contractors in which the undersigned has a substantial interest are: NAME ADDRESS TRADE CLASSIFICATION • (Contractor) Date By G-9 SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all", are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein, or both, including all labor, materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute(Formerly ASA) H-I B 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities,or for storage of materials. C. LINES AND CRADES. From benchmarks and horizontal control references established by Engineer, stake out work, establish elevations, and assume responsibility for correctness of installation as to location and grade. Engineer will establish I. 9-- - - - . . . . .. . - - _ . . . - . -. , . .. . 2. - - -- . - . - - - -. . :. - .- . 3. Sewer Lincs. Benchmarks at intervals not exceeding 2,000 feet and reference hubs 4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and ... P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. . - - - - ... - 6. Enginoor will sot stakes one time only. Contractor must satisfy himself, before will be entertained for or on account of any alleged inaccuracies, or for alterations Contractor notifies Engineer in writing before commencing to work thereon. as described above, will be furnished as required by Contractor within 48 hours 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. H-2B E. MATERIALS TESTING. All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER,and the OWNER. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. H-3B GLO PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a project sign according to the specifications set forth below: GLO SITE SIGN SPECIFICATIONS Size: 18 inch vertical by 24 inch horizontal Materials: Heavy duty aluminum sign, 80 mil Erection: Single leg Square Steel Tube skid sign support. (see attached) Paint: 3M Screen Printing or 3M outdoor digital inking Colors: Logos shall be shown as approved by the Texas Department of Rural Affairs and the U.S. Department of Housing and Urban Development. All other lettering in jet black. (see Attached) Lettering: Lettering and positioning will be as shown on the attached illustration Project signs will not be erected on public highway rights-of-way. The location of the sign will be coordinated with the City of Port Arthur Public Works Department and any other agency responsible fore highway or street safety in the area of the project to prevent obstruction of vechicular lines of sight for adjoining traffic. No additional lettering or logos are permitted on the sign. I-1-3A 15 _M •t.0b1) C _" = O O do to t y "C a) b MN ct 'Z 3 O - O -, =a .) N 'G 6o- o •, u 3t ccs ct A o . ..,,, % � O '� � ,,,,,,, o 0 ,,, W TL.,) N °0 o e e ° / `o o � C� .. ° r V 0 ... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .. o tr) y W "cs;0 3 o � c, 0 Z 3 t �. v� o cn • V f N d� WO >C . 'CSr ) \► = cn cn ° C C , M a" 0 c '7=3 1.7).c-) \11 N -TZ o W oo o ° 00 a Cl X z0 c.-) c...1 i - \ g- i 4 l' I if) K\\N, k gA,s 11111111 a 3 !hi\ .som\ Im. E ti ill tali It! A 0 s..0:#.1 N [— D M V H-4A [ V c V 4 La E � E t; a) L (I)• Qo 0 -0 (1) 3 0,, cm a) E � o oa D � _L_, C L i- 1- CO 4 1 N N w L N ( ) E 1 ›. (.9 3-3,_ O _c i-c ,3) _o ca no cs O 4., a) m 4-1 1- O O � oo � _CcE 0 O 4-1 (0 Q ►-� 173 >< C) ‘-1� > o L E_ -0 O V ca) ru `t3 >. .;� >, E C E CI _C -mo o LE 4- (I)) O D 4- 0 E- o 1- u u o U OF F I C \) \NG -LN vf, \ '''•,....--....4111k. 04, J.,z. / i` �01WW. a o v> Ja t '- = Z Gillin 0� u, . ,-i Sbx3l ado .sn Wv 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. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. I. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety(90) days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start up equipment. H-4B 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 81/2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 81/2rinch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation,adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, once per month during the construction phase and at the Owner or Engineer's request, submit in acceptable form,anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. H-5B N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction, remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. PROTECTION AND REPLACEMENT OF PROPERTY. Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner. R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate H-6B placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department at 409-983- 8600. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. U. "OR EQUAL" CLAUSE. Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. H-7B SECTION I PAYMENT BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a , hereinafter called Principal, (Corporation / Partnership) and (Name of Surety Company) (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of $ Dollars, $ in lawful money of the United States, for this payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONFIDENTIALITY OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: (Project Name) NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUB- CONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUB-CONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 2009 TxCDBG Project Implementation Manual Appendix K I-1 PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counter-parts, each on of (Number) which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2009 TxCDBG Project Implementation Manual Appendix K 1-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor or Company) (Address) a hereinafter called Principal, and (Name of Surety Company (Address) hereinafter called Surety, are held and firmly bound unto (Name of Recipient) (Recipient's Address) hereinafter called OWNER, in the penal sum of$ Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, successors, and assigns, jointly and severally, firmly in these presents. THE CONDITION OF THIS OBBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties in all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK 2009 TxCDBG Project Implementation Manual Appendix K J-1 to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of ATTEST: (Principal) By (s) (Principal Secretary) (SEAL) (Witness as to Principal) (Address) (Address) ATTEST: (Surety) By (Witness as to Surety) (Attorney in Fact) (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. 2009 TxCDBG Project Implementation Manual Appendix K J-2 SECTION K MAINTENANCE BOND MAINTENANCE BOND STATE OF TEXAS COUNTY OF KNOW BY ALL MEN BY THESE PRESENTS: That of the City of , County of State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto , a municipal corporation (owner) in the penal sum of Dollars ($ ) for the payment whereof the said principal and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents; Whereas, the principal has entered into a certain written contract with , dated the day of , 20 , to . Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and keep in good repair the work herein contracted to be done for a period of one (1) year from the date of written acceptance of said work and to do all necessary repairing and/or reconstructing in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction of any part thereof, or any of the accessories thereof constructed by the Contractor; be it understood that the purpose of this section is to cover all defective conditions arising by reason of defective material or workmanship and charge the same against that said contractor and surety on this obligation, and the said contractor and surety shall be subject to the liquidation damages mentioned in said contract for each day's failure on it's part to comply with the terms of said provisions of said contract; NOW, THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain said work and keep the same in repair for the said maintenance period of one (1) year, as provided, then these presents shall be null and void and have no further effect. If default K-1 shall be made by the said contractor in the performance of it's contract to so maintain and repair said work, then these presents shall have full force and effect and said Owner shall have and recover damages from the said contract and it's principal and surety. It is further agreed that this obligation shall be continuing one against the principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. It is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period and the same shall not be changed, diminished or in any manner affected from any cause during said time. PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond. IT WITNESS WHEREOF, the said principal and surety have signed and sealed this instrument this day of , 20 Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Maintenance Bond must not be prior to date of contract. K-2 SECTION L NOTICE OF AWARD NOTICE OF AWARD DATED: July 3, 2018 TO: Oldcastle Materials Texas, Inc., dba Gulf Coast an Oldcastle company ADDRESS: 12907 US Hwy 90, Beaumont, TX 77713 PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO.: CPA-40 CONTRACT FOR CONSTRUCTION OF: DRAINAGE FACILITIES FOR HARDIN COUNTY ******************************************************************************* You are notified that your Bid dated June 27, 2018 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for the: DRAINAGE FACILITIES FOR HARDIN COUNTY The Contract Price of your contract is ($ 1, 248, 949.00). 6 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award 6 sets of Working Documents (Contract Documents, Technical Specifications and Drawings) will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award,that is by July 13, 2018 , or by the first working day thereafter. 1. You must deliver to the ENGINEER 6 fully executed counterparts of the Agreement including all the Contract Documents and Certifications included with the Contract Documents. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Advertisement for Bids, General Conditions and Supplemental Conditions. 3. You must deliver to the ENGINEER 2 original Certificates of Insurance, naming the Owner (City of Port Arthur) and Engineer (Arceneaux Wilson & Cole Consulting Engineers, Inc.) and their respective agents and employees, to be expressly named as additional insureds, in accordance with the General Conditions. 1%2 NOTICE OF AWARD Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: CITY OF PORT ARTHUR/ARCENEAUX WILSON &COLE BY: TITLE: ACCEPTANCE OF AWARD. CONTRACTOR: BY: TITLE: DATE: 2/2 SECTION M NOTICE TO PROCEED (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "NOTICE TO PROCEED"HERE SECTION N INSURANCE (THIS PAGE INTENTIONALLY LEFT BLANK) INSERT "INSURANCE"HERE SECTION 0 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 sequence to constructing storm drains in order to provide as little inconvenience as practical to 0-1 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(in accordance with the associated bid item)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. The contractor shall be responsible for confirming the exact location of these utility lines and of 0-2 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 Water Utilities Dr. Hani Tohme 409-983-8226 Utility Operations Mr.Donnie Stanton 409-983-8226 Public Works Director Mr. Armando Gutierrez,Jr.PE 409-983-8227 City Engineer Mr.Alberto Elefano PE 409-983-8189 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 he 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. Contractor shall coordinate with all utilities to 0-3 relocate any and all power poles located in the project and shown in plans to be moved. If Contractor requires additional assistance to coordinate this work they shall in writing contact the Engineer and the City of Port Arthur Public Works Department to inform them of any potential delays to construction work or project schedule. 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 0-4 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 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. 0-6 BID ITEM NOTES ITEM 100: PREPARING ROW • Prepare the right of way and designated easements for construction operations by removing and 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(driveways,curb and gutter,pavement,sidewalks etc.)will be saw cut to full depth at connection points to existing pavements. Saw cutting of all concrete as directed by the engineer for removing concrete will not be measured or paid for directly but will be subsidiary to pertinent items. • All asphalt and rock drives will be removed at connection points to existing pavements. • All driveways shown in plans will be removed up to the right-of-way(ROW)line. ITEM 105: REMOVING STABILIZED BASE AND ASPHALT PAVEMENT • All base and asphalt(driveways,pavement,etc.)will be removed to full depth at connection points to existing pavements.Depth of asphalt layer varies from 1.5"to 3",with base depths ranging from 5" to 11". Contractor shall remove to the depths required for the proposed section planned to be installed. • All asphalt and rock drives will be removed to full depth at connection points to existing pavements. Asphalt and rock depths will vary and will be measured and paid for according to this item. • All driveways shown in plans will be removed up to the right-of-way(ROW) line. Cl'EM 110: EXCAVATION • All excavated material not used on this project shall be the property of the contractor and 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 plans quantity measurement item. Payment shall be based on the quantity 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%. • Roadway excavation quantity was measured from depth of proposed roadway section to subgrade layer and graded out to the existing ditches. • Roadway widening excavation quantity shall be measured where existing roadway surface needed expansion to allow for a wider proposed section. Depth for excavation shall be measured to subgrade of proposed roadway section and shall be a plan quantity item as shown in plans. 0-7 ITEM 132: EMBANKMENT • Provide Type A embankment unless otherwise indicated in the plans. • The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at unit price bid for Embankment(Final). • Compaction method is specified as ordinary compaction. • For areas to receive seed or sod, provide a finished grade with the top 4 in. capable of sustaining vegetation(top soil). • Embankment quantity was measured per proposed typical sections to be graded to drain from edge of proposed roadway to existing ditches and shall be used to fill existing areas behind curb requiring additional fill to provide adequate drainage. Any field adjustments will be submitted in writing to the Engineer. ITEM 162: SODDING FOR EROSION CONTROL • This item is an alternate to be bid in place of Item 164,"Seeding for Erosion Control". • Place St. Augustine block sod over graded areas as shown on the plans. (all disturbed areas not paved within the right-of-way) • Should areas of natural growth be deemed by the engineer to have sufficient cover,sodding in such areas shall be eliminated upon approval of the engineer. • The contractor shall maintain all sodded areas as shown on the plans by watering.There will be 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. Augustine, as specified in Item 164 Seeding for Erosion Control" in 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 mixture uniformly from back of curb to ROW using hydro-mulch seeding method. • The contractor shall maintain all seeded areas as shown on the plans by watering. There will be no direct payment for this work but it will be considered subsidiary to Item 164,"Seeding for Erosion Control". ITEM 210: ROLLING • Compact embankment,subgrade,base,surface treatment,or base materials. • The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items. 0-8 ITEM 247:FLEXIBLE BASE • Contractor shall use Flexible Base Type"A"GR 3 Limestone Base to a depth of 8",Density Control and complete in place shall be used on the project unless otherwise approved by the Engineer and will be in accordance with this item. • Flexible base materials shall be placed and compacted in a minimum of two lifts with a maximum loose material thickness of 6 inches. Compaction test will be taken at each lift as required by the Engineer.Base material shall be compacted to 95%of the maximum dry unit weight as obtained in the laboratory by means of the ASTM D-1557 procedure as determined by test method TEX-1 14e &TEX-1 15-e. ITEM 260: LIME TREATMENT(ROAD-MIXED) • Preparation and treatment of subgrade by addition of hydrated lime slurry,mixing and compacting to required lines,grades and typical sections to a depth of 8 inches. • Store and handle lime in weatherproof containers, bins, or buildings. Protect lime from any dampness or moisture until distribution on subgrade. • Materials and construction methods to conform to requirements of Item 260, "Lime Treatment (Road-Mixed)". • Subgrade shall be stabilized with six to eight percent hydrated lime by dry unit weight and compacted to a minimum of 95%of Standard Proctor Density(ASTM D-698). • Lime Slurry shall be measured by the ton and the manipulation of the lime during stabilization shall be by the square yard. Assume 8 percent hydrated lime for 8"for quantity estimates. ITEM 310: PRIME COAT AND BLOTTER • The compacted limestone base should be primed at a rate not to exceed 0.20 gallon residual asphalt per square yard of MC-1 cut back asphalt in accordance with Item 300 "Asphalts, Oils, and Emulsions." Thoroughly clean surface of base or surface, as applicable, by brooming with wire brushes before asphaltic surface mixture is laid. ITEM 340: DENSE GRADED HOT-MIX ASPHALT • Hot-Mix Asphalt Pavement Type D PG64-22 at 1 1/2 inches shall be placed in accordance with Item 340 "Dense Graded Hot-Mix Asphalt" for a finished surface and shall be used for all transitions. • The paving mixture shall consist of a uniform mixture of coarse aggregate, intermediate 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 be used for all concrete roadway pavements. 0-9 • Deformed reinforcement bar size, spacing and placement shall conform to TxDOT (Houston 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 are not allowed for use on roadway construction for this project. Wire mat reinforcement will be allowed for use on driveways and sidewalk construction. • The contractor may use transit mix concrete in accordance with the item"ready-mix plants". • Where the pavement curb is left off for a later tie,provide the dowels or the tie bars as indicated on the paving detail sheets.The dowel bars and tie bars are subsidiary to the various bid items. • Repair portions of the concrete pavement surfaces that are damaged while in a plastic state before 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. • Set-retarding admixtures will not be allowed. • Hand-finishing of concrete pavement will be permitted as directed by the engineer. • Sawing of all joints shall begin as soon as sawing can be accomplished without damage to the 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 low modulus silicone sealant shall be used on this project. • All longitudinal and transverse joints shall be sawed. • Surface test Type"A"shall apply to this project. • Concrete placement will not be permitted when impending weather conditions, in the opinion of the engineer,may result in rainfall or low temperatures which will impair the quality of the finishing work. • The contractor shall have on the job site sufficient burlap or polyethylene fabric,as directed by the engineer,to cover a section of concrete pavement 600 feet long and 16 feet wide. • Siliceous gravel will not be permitted in the mix design. • The dowel support assemblies used in concrete pavement shall be constructed using number 1/0 (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 of each dowel bar shall be coated with hot-applied asphalt cement.The coating 0-10 shall be placed on opposite ends of successive dowels. • Driveway grades are not to exceed 8%and shall not exceed 2% at sidewalk crossings. Maximum driveway widths are 24 feet for residential and 40 feet for commercial,measured at ROW. • Saw cutting of all joints(transverse expansion joints,longitudinal construction joints, 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 pavement surfaces with crack(s)of any cause or nature will not be 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 • Structural excavation for pipes will not be paid for under this item and will be considered subsidiary to the pertinent item. • Cement stabilized sand backfill shall be compacted in lifts not to exceed 12" and to a density of 95%unless otherwise directed by the engineer. • Cement stabilized sand backfill shall consist of sand and cement only. • Cement stabilized sand backfill material shall consist of 1-1/2 sacks of cement per cubic yard.The work performed and materials furnished in accordance with this Item will be considered subsidiary to the pertinent item. • Cement stabilized sand backfill shall be mixed in a stationary plant of the pugmill type. ITEM 402: TRENCH EXCAVATION PROTECTION • This item will be considered subsidiary to the pertinent item. ITEM 479: ADJUSTING MANHOLES AND INLETS • Cement stabilized backfill and trench protection when required will not be paid for separately but will be considered subsidiary to this item. • Adjusting manholes (telephone, sanitary sewer, storm sewer, etc.) are shown in the plans. If additional manholes need adjusting the contractor shall contact the engineer in writing and will be paid for under this item. • Manhole cover shall be removed and rings inserted to bring up to proposed roadway grade as shown in plans. Manhole "ring and cover" the dimensions and descriptions are shown on the plans. Dimensions may vary to the extent determined by the engineer. • Do not leave excavations or trenches open overnight. 0-11 ITEM 496: REMOVING STRUCTURES • Excavation, trench protection and backfill necessary for removal of structures will be performed according to plans and will be considered 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 exceed ten(10)percent of the total construction items amount. ITEM 502: BARRICADES,SIGNS,AND TRAFFIC HANDLING • Submit changes to the traffic control plan to the Engineer. Provide a layout showing the construction phasing, signs, striping, and signalizations for changes to the original traffic control plan. • Furnish and maintain the barricades and warning signs, including the necessary temporary and 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 barricades and signs to maintain traffic and motorists' safety when directed by the Engineer. Consider payment for these additional signs and barricades subsidiary to Item 502. • Cover work zone signs when work related to the signs is not in progress,or when any hazard related to the signs no longer exists. • The contractor shall provide access to intersecting streets and to properties and businesses 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, with the approval of and as directed by the engineer, be required to vary the number and location of signs and barricades from that indicated on the plans. • Contractor shall not have exclusive use of the ROW, but shall cooperate in the use of the ROW 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 be regulated so as to cause a minimum inconvenience to the 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 adequately protect public travel. • Signs, barricades,etc. listen heron are considered to be the minimum required for traffic handling in this project. 0-1.2 • Keep the delineation devices, signs, and pavement markings clean. This work is subsidiary to the Item,"Barricades, Signs,and Traffic Handling". • If a section is not complete before the end of the workday,pull back the base material to the existing pavement edge on a 6H: IV slope. Edge drop-offs during the hours of darkness are not permitted. • Do not mount signs on drums or barricades, except those listed in the latest Barricades and Construction standard sheets. • Use traffic cones for daytime work only. Replace the cones with plastic drums during nighttime hours. • Place positive barriers to protect drop-off conditions greater than 2 ft. within the clear zone that remain overnight. The traffic control plan (TCP) shall conform to the BC (1)-(12) standards and part VI of the Current Texas Manual Of Uniform Traffic Control Devices. • Remove all traffic control devices from the roadway,off of the right of way,when they are not in 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 of cones as traffic control devices. • Construct all work zone signs,sign supports,and barricades from material other than wood unless approved by the engineer. • Galvanize steel supports if used. Aluminum posts, if used, shall meet the following minimum thickness requirements: • Square Feet Minimum Thickness • Less Than 7.5 0.080 Inches • 7.5 To 1.5 0.100 Inches • Greater Than 1.5 0.125 Inches • Plan the sequence of work so as to minimize inconvenience to the traveling public. Any changes 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 engineer of the method and procedure the contractor plans to use to handle or detour traffic will not relieve the contractor of his responsibility for the protection of the traveling public. • Install temporary fence around the open pit by the end of each working day to safeguard pedestrian using the sidewalk.No payment shall be made for this work directly,but will be consider subsidiary to this item. 0-13 • Temporary traffic signalization as shown in the plans and additional temporary traffic 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 prior to start of any construction work, a hauling truck 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 prepare the traffic Detour Plan that is not shown in this project at no 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 this project will be specified in each item but paid for under this item only. ITEM 506: TEMPORARY EROSION,SEDIMENTATION AND ENVIRONMENTAL CONTROL • A Storm Water Pollution Prevention Plan(SWP3)is required.Since the disturbed area is more 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 measures to prevent,minimize,and control the spill of hazardous materials in the construction staging area. Remove and dispose of materials in compliance with State and Federal laws. • Before starting construction, review with the Engineer the SW3P used for temporary erosion 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 operations and during the project duration, place the temporary or permanent erosion control measures to prevent sediment from leaving the right of way. • Implement temporary and permanent erosion control measures to comply with the Texas Pollution Discharge Elimination System(TPDES)general permit. • Schedule the sodding work as soon as possible after completing earthwork operations,restore and sod the disturbed areas in accordance with the City's specifications for permanent or temporary erosion control. • All inlet protection measures installed shall be paid for once and shall be inspected daily and replaced at no additional cost to the owner as directed by Engineer. 0-14 • Contractor shall maintain adequate drainage for the duration of the project and provide and/or adjust plan during a storm event as not to impede or worsen existing drainage conditions within the projects limits. ITEM 529: CONCRETE CURB AND GUTTER • Concrete shall be Class A with reinforcing as shown in plans. • Compacted base shall consist of flexible base Type"A" GR 3 limestone base and stabilized lime subgrade as specified for the asphalt pavement section to the depths as shown in the plans. These items will be considered subsidiary to this item and included in the price for the Concrete Curb& Gutter. ITEM 530: DRIVEWAYS • All driveways will consist of concrete material and will be saw cut to full depth at connection points shown in plans. Saw cutting of all concrete as directed by the engineer for removing concrete will not be measured or paid for directly but will be subsidiary to pertinent items. • All asphalt and rock drives will be removed at connection points to existing pavements and replaced with concrete driveways up to the right-of-way(ROW) line. • All proposed driveways shall be field verified with the Engineer and with the City of Port Arthur inspector to stablish exact limits of proposed driveways. Quantities estimated in plans show all driveways will be installed to the ROW line. • Driveways (Base) or access drives for each alley may require removal and installation of new limestone base.This item will include the removal and replacement for each access drive and will be paid for by the square yard to a depth of six inches. Contractor shall meet with and be in agreeance with Engineer prior to removal and installation of each access drive. ITEM 531: CURB RAMPS • TxDOT detail Type 7 (or Type 10 when sidewalk is against the back of curb) shall be used for all curb ramps. Any deviations shall be written and approved by the Engineer. • Sidewalk width varies and will be constructed as shown in plans, otherwise the minimum width shall be 4 feet. Depth of sidewalks will be four inches thickness and include two inches of a sand cushion and will be included in the cost and considered subsidiary. ITEM 644: SMALL ROADSIDE SIGN SUPPORTS AND ASSEMBLIES • Sign locations shown on the plans are approximate. Before placing them, obtain approval of the 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 Universal Triangular Slip Base with the concrete foundation for small ground 0-15 mounted signs, unless otherwise shown in the plans. • When design details are not shown on the plans, provide signs and arrows conforming to the latest "Standard Highway Sign Designs for Texas"manual. ITEM 760: DITCH CLEANING AND RESHAPING • This item will be used to clean and regrade the existing ditches to the grades as shown in plans to provide adequate drainage for the existing and/or proposed roadway. Any excavation and backfill will be considered subsidiary and included in the price per linear foot. • This item will be used as shown in plans when as ditch to be filled. Fill material shall be in accordance with Embankment Item but will be included in the cost per linear foot in this item to the depths shown in the plans to provide proper drainage. 0-16 GOVERNING 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 0-17 APPENDIX "A" SECTION 3 MONTHLY COMPLIANCE REPORT ORAL ��. Jnr Atio Texas General Land Office ""' ° Community Development Block Grant(CDBG) Disaster Recovery Program �IiSH 0 NEW HIRES SECTION 3 MONTHTLY COMPLIANCE REPORT Reporting Month: Economic Opportunities for Low and Very Low-Income Persons This form is distributed to the General Contractor(GC)at the Pre-Construction Meeting.GC is also required to provide this form to any subcontractor firms that they anticipate hiring for this project. CONTRACTOR INFORMATION Name of Business: Address of Business: Authorized Representative for this contract: Authorized Signatory: ADDITIONALLY, PLEASE REVIEW AND COMPLY WITH STEPS 1 -3 BELOW: 1. You must sign and date this form for the each applicable reporting month in connection with awarded project and deliver to: 2. When you hire a Section 3 resident in connection with this project,you must also complete this form and submit it to the Section 3 Coordinator identified above. Even if there were no new hires this form must be completed and submitted to the Section 3 Coordinator identified above. ❑ I have not hired any new employees during the reporting Month specified. I have hired Section 3 employess and/or non-Section 3 employees during the reporting month shown here. The following is a list of the new hires and the trades: New Hire Name Job CategorylTrade Full-time?Yes or No 1. 2. 3. 4. APPENDIX A I have taken one or more of the following recruitment steps to hire a Section 3 Resident with the highest training and employment priority ranking.Provide a brief description of actions taken: I have taken steps to find a Section 3 Resident in the applicable targeted areas where the project(s)/assistance will take place. List areas: ❑ Placed signs or posters at prominent places in each of the above listed areas. Photographs were taken to document this action. I have advertised to fill vacancy(ies)at the site(s),where work is taking place, in connection with this project. List advertisements(name publication, e.g.Work in Texas, Houston Chronicle, and/or website(s): ❑ Distributed employment flyers to the administrative office of the local Public Housing Authority. ❑ Provided notice of positions available to the Texas Workforce Commission for potential applicants. Provide copy of notice. ❑ Contacted employment referrals or Youthbuild Program referrals. List contacts: n Contacted with applicable parties to ensure that any HUD Youthbuild programs currently operating in the project(s)area/ assistance will take place. ❑ Kept a log of all applicants and indicate the reasons why Section 3 Residents who applied were not hired. Retained copies of any employment applications completed by public housing,Section 8 certificate or voucher holders or other 1_, Section 3 Residents. ❑ Sent a notice about Section 3 training and employment requirements and opportunities to labor organizations or to worker representatives with whom our firm has a collective bargaining or other agreement. 3. Verification ❑ I have attached proof of all checked items. Authorized Name and Signature Date/Time Field Text Attested By: nrrrvrnX a APPENDIX "B" ATTORNEY'S REVIEW CERTIFICATION ATTORNEY'S REVIEW CERTIFICATION I, the undersigned, , the duly authorized and acting legal representative of the , do hereby certify as follows: I have examined the attached contract(s) and surety bonds and am of the opinion that each of the agreements may be duly executed by the proper parties, acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties; and that the agreements shall constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Attorney's signature: Date: Print Attorney's Name: 2009 TxCDBG Project Implementation Manual Appendix K Appendix B APPENDIX "C" REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION CITY OF PORT ARTHUR DATE: , 20 MONTH OF: , 20 CITY of PORT ARTHUR, TEXAS PUBLIC WORKS DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR, TEXAS 77641-1089 ATTENTION: Public Works Department Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified(list dates actually lost: do not include days not normally worked such as Saturdays, Sundays, or holidays): Dates Lost: The month of has a total of Calendar Days included in the Contract per Section F in Contract Documents. vs Total Calendar Days Total Calendar Days Requested Included in the Contract Reasons for Request: By: Contractor Approved for extension of calendar days. Disapproved. Date: , 20 CITY OF CITY OF PORT ARTHUR, TEXAS BY: City Manager Distribution by City Original: Public Works Department xc: Engineer Contractor CPA Federally Funded APPENDIX "0" COPELAND ACT REGULATIONS Copeland Act Regulations Title 29 LABOR PART 3 — CONTRACTORS AND Subtitle A — Office of the SUBCONTRACTORS ON PUBLIC Secretary of Labor BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Sec. minimum wage provisions of the Davis-Bacon 3.1 Purpose and scope Act and the various statutes dealing with 3.2 Definitions Federally-assisted construction that contain 3.3 Weekly statement with respect to payment similar minimum wage provisions, including of wages those provisions which are not subject to 3.4 Submission of weekly statements and the preservation and inspection of weekly Reorganization Plan No. 14 (e.g., the College payroll records. Housing Act of 1950,the Federal Water 3.5 Payroll deductions permissible without Pollution Control Act, and the Housing Act of application to or approval of the Secretary 1959), and in the enforcement of the overtime of Labor. provisions of the Contract Work Hours 3.6 Payroll deductions permissible with the Standards Act whenever they are applicable to approval of the Secretary of Labor. construction work. The part details the 3.7 Applications for the approval of the obligation of contractors and subcontractors Secretary of Labor relative to the weekly submission of statements 3.8 Action by the Secretary of Labor upon applications. regarding the wages paid on work covered 3.9 Prohibited payroll deductions. thereby: sets forth the circumstances and 3.10 Methods of payment of wages. procedures governing the making of payroll 3.11 Regulations part of contract. deductions from the wages of those employed on such work; and delineates the methods of AUTHORITY: The provisions of this Part 3 payment permissible on such work. issued under R.S. 161, sec.2, 48 Stat. §48; Reorg. Plan No. 14 of 1950, 64 Stat. 1267, 5 U.S.C. Section 3.2 Definitions. Appendix; 5 U.S.C.301;40 U.S.C. 276c. SOURCE: The provisions of this Part 3 appear As used in the regulations in this part: at 29 F.R. 97, Jan.4. 1964,unless otherwise noted. (a) The terms "building" or"work" generally include construction activity as Section 3.1 Purpose and Scope. distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. This part prescribes "anti-kickback" The terms include, without limitation, buildings, regulations under section 2 of the Act of June structures, and improvements of all types, such 13, 1934, as amended (40 U.S.C. 276c), as bridges, dams, plants, highways, parkways, popularly known as the Copeland Act. This streets, subways, tunnels, sewers, mains, part applies to any contract which is subject to powerlines, pumping stations, railways, Federal wage standards and which is for the airports, terminals, docks, piers, wharves, construction, prosecution, completion, or repair ways, lighthouses, buoys, jetties, breakwaters, of public buildings, public works or buildings or levees, and canals; dredging, shoring, works financed in whole or i n scaffolding, drilling, blasting, excavating, part by loans or grants from the United States. clearing, and landscaping. Unless conducted The part is intended to aid in the enforcement in connection with and at the site of such a of the building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State 7-55 agency acquires title to such materials, subsidiary or otherwise, and an officer or agent articles, supplies, or equipment during the of such corporation. course of the manufacture or furnishing, or (g) The term "Federal agency" means owns the materials from which they are the United States, the Di strict of Columbia, and manufactured or furnished) is not a"building" all executive departments, independent or"work"within the meaning of the regulations establishments, administrative agencies, and in this part. instrumentality's of the United States and of (b) The terms "construction," the District of Columbia, including corporations, "prosecution," "completion," or"repair" mean all all or substantially all of the stock of which is types of work done on a particular building or beneficially owned by the U nited States, by the work at the site thereof, including, without District of Columbia, or any of the foregoing limitation, altering, remodeling, painting and departments, establishments, agencies, and decorating, the transporting of materials and instrumentality's. supplies to or from the building or work by the (29 FR 97,Jan.4,1964,as amended at 33 FR 32575,Nov.27, employees of the construction contractor or 1973} construction subcontractor, and the Section 3.3 Weekly statement with manufacturing or furnishing of materials, articles, supplies, or equipment on the site of respect to payment of wages. the building or work, by persons employed at (a) As used in this section, the term the site by the contractor or subcontractor. "employee" shall not apply to persons in (c) The terms "public building" or classifications higher than that of laborer or "public work" include building or work for mechanic and those who are the immediate whose construction, prosecution, completion, supervisors of such employees. or repair, as defined above, a Federal agency (b) Each contractor or subcontractor is a contracting party, regardless of whether engaged in the construction, prosecution, title thereof is in a Federal agency. completion, or repair of any public building or (d) The term "building or work financed public work, or building or work financed in in whole or in part by loans or grants from the whole or in part by loans or grants from the Unites States" includes building or work for United States, shall furnish each week a whose construction, prosecution, completion, statement with respect to the wages paid each or repair, as defined above, payment or part of its employees engaged on work covered by payment is made directly or indirectly from 29 CFR Parts 3 and 5 during the preceding funds provided by loans or grants by a Federal weekly payroll period. This statement shall be agency. The term includes building or work for executed by the contractor or subcontractor or which the Federal assistance granted is in the by an authorized officer of employee of the form of loan guarantees or insurance. contractor or subcontractor who supervises the (e) Every person paid by a contractor payment of wages, and shall be on form WH or subcontractor in any manner for his labor in 348, "Statement of Compliance," or on an the construction, prosecution, corn pletion, or identical form on the back of WH 347, "Payroll repair of a public building or public work or (For Contractors Optional Use)" or on any form building or work financed in whole or in part by with identical wording. Sample copies of WH loans or grants from the United States is 347 and WH 348 may be obtained from the "employed" and receiving "wages," regardless Government contracting or sponsoring agency, of any contractual relationship alleged to exist and copies of these forms may be purchased between him and the real employer, at the Government Printing Office. (f) The term "any affiliated person" includes a spouse, child, parent, or other close (c) The requirements of this section shall not apply to any contract of$2,000 o r relative of the contractor or subcontractor; a less. partner or officer of the contractor or (d) Upon a written finding by the head subcontractor; a corporation closely connected of a Federal agency, the Secretary of Labor with the contractor or subcontractor as parent, may provide reasonable limitations, variations, 56 7 tolerances, and exemptions from the (a) Any deduction made in compliance requirements of this section subject to such with the requirements of Federal, State, or conditions as the Secretary of Labor may local law, such as Federal or State withholding specify. income taxes and Federal social security {29 F.R.95,Jan.4,1964,as amended at 33 F.R. 10186,July taxes. 17,1968} (b) Any deduction of sums previously Section 3.4 Submission of weekly paid to the employee as a bona fide statements and the preservation and prepayment of wages when such prepayment inspection of weekly payroll records. is made without discount or interest. A"bona fide prepayment of wages" is considered to (a) Each weekly statement required have been made only when cash or its under§3.3 shall be delivered by the contractor equivalent has been advanced to the person or subcontractor, within seven days after the employed in such manner as to give him regular payment date of the payroll period, to a complete freedom of disposition of the representative of a Federal or State agency in advanced funds. charge at the site of the building or work, or if (c) Any deduction of amounts required there is no representative of a Federal or State by court process to be paid to another, unless, agency at the site of the building or work, the the deduction is in favor of the contractor, statement shall be mailed by the contractor or subcontractor or any affiliated person, or when subcontractor,within such time, to a Federal or collusion or collaboration exists. State agency contracting for or financing the (d) Any deduction constituting a building or work. After such examination and contribution on behalf of the person employed check as may be made, such statement, or a to funds established by the employer or copy thereof, shall be kept available, or shall representatives of em ployees, or both, for the be transmitted together with a report of any purpose of providing either from principal or violation, in accordance with applicable income, or both, medical or hospital care, procedures prescribed by the United States pensions, or annuities on retirement, death Department of Labor. benefits, compensation for injuries, illness, (b) Each contractor or subcontractor accidents, sickness, or disability, or for shall preserve his weekly payroll records for a insurance to provide any of the foregoing, or period of three years from date of completion unemployment benefits, vacation pay, savings of the contract. The payroll records shall set accounts, or similar payments for the benefit of out accurately and completely the name and employees, their families and dependents: address of each laborer and mechanic, his Provided, however, That the following correct classification, rate of pay, daily and standards are met: (1)The deduction is not weekly number of hours worked, deductions otherwise prohibited by law; (2) it is either: (i) made, and actual wages paid. Such payroll Voluntarily consented to by the employee in records shall be made available at all times for writing and in advance of the period in which inspection by the contracting officer or his the work is to be done and such consent is not authorized representative, and by authorized a condition either for the obtaining of or for the representatives of the Department of Labor. continuation of employment, or (ii) provided for in a bona fide collective bargai ning agreement Section 3.5 Payroll deductions between the contractor or subcontractor and permissible without application to or representatives of its employees; (3) no profit approval of the Secretary of Labor. or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor Deductions made under the circumstances or or any affiliated person in the form of in the situations described in the paragraphs of commission, dividend, or otherwise; and (4) this section may be made without application the deductions shall serve the convenience to and approval of the Secretary of Labor: and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps 57 7 and Bonds when voluntarily authorized by the such consent is not a condition either for the employee. obtaining of employment or its continuance; or (f) Any deduction requested by the (2) provided for in a bona fide collective employee to enable him to repay loans to or to bargaining agreement between the contractor purchase shares in credit unions organized or subcontractor and representatives of its and operated in accordance with Federal and employees. l State credit union statutes. (36 F.R.9770,May 28.1971.) (g) Any deduction voluntarily authorized by the employee for the making of Section 3.6 Payroll deductions contributions to governmental or quasi- permissible with the approval of the governmental agencies, such as the American Secretary of Labor. Red Cross. (h) Any deduction voluntarily Any contractor or subcontractor may apply to authorized by the employee for the making of the Secretary of Labor for permission to make contributions to Community Chests, United any deduction not permitted under §3.5. The Givers Funds, and similar charitable Secretary may grant permission whenever he organizations. finds that: (i) Any deductions to pay regular union (a) The contractor, subcontractor, or • initiation fees and membership dues, not any affiliated person does not make a profit or including fines or special assessments: benefit directly or indirectly from the deduction Provided, however, That a collective either in the form of a commission, dividend, or bargaining agreement between the contractor otherwise; or subcontractor and representatives of its (b) The deduction is not otherwise employees provides for such deductions and prohibited by law; the deductions are not otherwise prohibited by (c) The deduction is either(1) law. voluntarily consented to by the employee in (j) Any deduction not more than for the writing and in advance of the period in which "reasonable cost" of board, lodging, or other the work is to be done and such consent is not facilities meeting the requirements of section a condition either for the obtaining of 3(m) of the Fair Labor Standards Act of 1938, employment or its continuance, or(2)provided as amended, and Part 531 of this title. When for in a bona fide collective bargaining such a deduction is made the additional agreement between the contractor or records required under§516.27(a) of this title subcontractor and representatives of its shall be kept. employees; and (k) Any deduction for the cost of safety (d) The deduction serves the equipment of nominal value purchased by the convenience and interest of the employee. employee as his own property for his personal protection in his work, such as safety shoes, Section 3.7 Applications for the approval safety glasses, safety gloves, and hard hats, if of the Secretary of Labor. such equipment is not required by law to be furnished by the employer, if such deduction is Any application for the making of payroll not violative of the Fair Labor Standards Actor deductions under §3.6 shall com ply with the prohibited by other law, if the cost on which the requirements prescribed in the following deduction is based does not exceed the actual paragraphs of this section: cost to the employer where the equipment is (a) The application shall be in writing purchased from him and does not include any and shall be addressed to the Secretary of direct or indirect monetary return to the Labor. employer where the equipment is purchased (b) The application need not identify from a third person, and if the deduction is the contract or contracts under which the work either (1)voluntarily consented to be the in question is to be performed. Permission will employee in writing and in advance of the be given for deductions on all current and period in which the work is to be done and future contracts of the applicant for a period of 58 7 1 year. A renewal of permission to make such Section 3.11 Regulations part of contract. payroll deduction will be granted upon the submission of an application which makes All contracts made with respect to the reference to the original application, recites the construction, prosecution, completion, or repair date of the Secretary of Labor's approval of of any public building or public work or building such deductions, states affirmatively that there or work financed in whole or in part by loans or is continued compliance with the standards set grants from the United States covered by the forth in the provisions of§3.6, and specifies regulations in this part shall expressly bind the any conditions which have change d in regard contractor or subcontractor to comply with to the payroll deductions. such of the regulations in this part as may be (36 F.R.9770,May 28,1971.} applicable. In this regard, see§5.5(a)of this (c) The application shall state subtitle. affirmatively that there is compliance with the standards set forth in the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any,with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on dem and, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. 59 7 APPENDIX "E" SECTION 3 CLAUSE § 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause(referred to as the section 3 clause): A.The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701u(section 3).The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions, the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. D.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E.The contractor will certify that any vacant employment positions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. F.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G.With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act(25 U.S.C.450e)also applies to the work to be performed under this contract.Section 7(b) requires that to the greatest extent feasible(i)preference and opportunities for training and employment shall be given to Indians,and(ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). APPENDIX "F" CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILTIES Name of Prime Contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained. Name Name & Title of Signer(Print or Type) Signature Date APPENDIX F APPENDIX "G" GEOTECHNICAL REPORT � lS_. . SCIENCE ENGINEEINGLTD 9 fj \.., GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING E Lam; GEOTECHNICAL INVESTIGATION FOR 8th STREET INPROVEMENTS IN PORT ARTHUR,TEXAS REPORT NUMBER: 14203 REPORTED TO: CITY OF PORT ARTHUR C/O ARCENEAUX & GATES 3501 TURTLE CREEK DRIVE, SUITE 102 PORT ARTHUR,TEXAS 77642 AUGUST 2014 PREPARED BY: SCIENCE ENGINEERING,LTD. P.O. Box 2048 / Nederland, Texas 77627 /Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef@selenee-engineer.enm r f GEOTECHNICAL INVESTIGATION 8TH Street Improvements Port Arthur,Texas INTRODUCTION The study reported herein is an investigation of subsurface conditions for improvements on 8th Street in the City of Port Arthur,Texas. r AUTHORIZATION This investigation was authorized by Mr. Ron Arceneaux, P.E. by e-mail dated July 17, 2014. SUBSURFACE EXPLORATION The subsurface exploration at the site was accomplished by means of thirteen (13) undisturbed sample core borings drilled to depths of approximately five (5) feet below existing ground surface. Approximate locations of the borings are shown on the attached boring plan. SUBSURFACE INVESTIGATION The subsurface investigation consisted of drilling three-inch (3") nominal . diameter core borings. Undisturbed samples of the cohesive soils were obtained from the borings by means of thin-wall, seamless steel Shelby tube samplers, in accordance with the ASTM D-1587 method. The shear strength of the cohesive soil samples was estimated by hand pentrometer in the field. All undisturbed samples were extracted mechanically from the core barrels in the field, classified, wrapped in aluminum foil, and sealed in airtight plastic bags to prevent moisture loss and disturbance. The samples were transported to our laboratory for testing and further study. LABORATORY INVESTIGATIONS All samples from borings were examined and classified in the laboratory by a soil engineer, according to procedures outlined in ASTM D-2488. Laboratory tests were performed on selected soil samples in order to evaluate the engineering properties of the soil in accordance with the indicated standard procedures. 2 LABORATORY TESTS STANDARD TESTS Atterberg Limits (L.L.,P.L., P.I.) ASTM D-4318 Soil Moisture Content ASTM D-2216 Unconfined Compressive Strength ASTM D-2166 Soils Classification ASTM D-2487 Undrained shear strength of selected cohesive soils was determined by , unconfined compression tests. Water content and dry unit weight of the foundation soils were determined as routine parts of the unconfined compression tests. Atterberg limits tests were performed on appropriate cohesive samples. The results of these tests are shown on the attached boring logs. SUBSURFACE CONDITIONS Specific types and depths of subsurface strata encountered on the site are shown on the attached boring logs. Review of the boring logs indicates that generalized stratography is approximately as follows: Stratum No. Avg. Depth,feet Description of Strata I 0.00- 0.21 • Asphalt III 0.21 - 0.66 Base IV 0.66 - 5.00 Dark Gray and Gray CLAY (CH) The near surface soils are "CH" type soils when classified by the unified soils classification system. This type soil normally exhibits high swell potential during seasonal moisture variations. GROUNDWATER • Hydrostatic water was not encountered at the time of drilling. CONSTRUCTION VARIATIONS The information contained in this report summarizes conditions found on the date that the borings were drilled. The depth to the static water table may be expected to vary with the environmental variations, such as frequency and magnitude of precipitation and the time of year that construction begins. PAVING DESIGN Based on the results of the field borings and laboratory tests, the following sections may be considered for use in new paving. Economics should dictate which section is utilized by the Structural Engineer. 3 r , r PORTLAND CEMENT CONCRETE PAVEMENT Concrete paving may be constructed using a Portland Cement Reinforced Concrete Pavement. Eight-inch (8") concrete over eight-inch (8") lime stabilized sub-grade should be considered. In order to control vertical displacement and resulting cracking, which may occur due to potential swelling of the surface clays, it is recommended that the subgrade beneath the concrete pavement be stabilized by hydrated lime. Subgrade preparation should consist of removing all existing asphalt and base. Then scarify the subgrade to a depth of eight (8) inches and stabilize with six to eight (6-8) percent of hydrated lime by dry unit weight and is usually sufficient for similar clay soils; however, the actual lime quality needed to stabilize on-site . clays should be determined prior to construction. The soil-lime mixture should be compacted to a minimum of 95% of Standard Proctor Density (ASTM D-698). Lime stabilization should conform to Texas Highway Department 2004 Standard Specifications Item 260, which describes material and construction methods for lime treatment of materials in place. ASPHALTIC CONCRETE The following sections are recommended for use at the site if asphaltic concrete is used: Vehicle Type Pavement Traffic Asphaltic Concrete 2.0" Limestone Base 12.0" Lime Stabilized Subgrade 8.0" Subgrade preparation should consist of removing all existing asphalt and base. Then scarify the subgrade to a depth of eight(8) inches and stabilize with six to eight (6-8) percent of hydrated lime. The soil-lime mixture should be compacted to a minimum of 95% of Standard Proctor Density (ASTM D-698). Lime stabilization should conform to Texas Highway Department 2004 Standard Specification Item 260, which describes material and construction methods for treatment of materials in place. The base material should be compacted to 95% of the maximum dry unit weight as obtained in the laboratory by means of the ASTM D-1557 Procedure. The 4 r1 , ; compacted limestone base should then be primed with 0.20 gallons per square yard of MC-1 cut back asphalt. Hot mix asphalt concrete should be placed in accordance with the Texas Highway Department Item 340 Type D Modified,which describes materials, r1 gradation and construction methods for Hot Mix Asphaltic Pavement. Alternative: If it is preferred lo use on-site base material, we suggest the material be stabilized with four percent(4%) cement or ten percent (10%)fly ash and compacted as stated above. SITE PREPARATION In order to remedy construction problems, which may develop if attempts are made to work the surface materials following prolonged periods of rainfall which are common to this area, it is recommended that prior to starting any work at the site that proper construction drainage is to be provided to maintain a relatively dry construction site. (Use a minimum slope of 5% within 10 feet of the foundation). 5 LIMITATIONS The conclusions and recommendations given in this report are based on the analysis of the data collected for this project. Additive conclusions or r , recommendations made from this data by others are their responsibility. Our study is based on the data obtained from soil borings made at the hitt: tions r , shown on boring plan. The nature and extent of variations between borirst&may become evident during construction. We should be requested to observe exposed conditions. After making these observations, and notil, the engineering significance of variations, we will advise you of any charges in recommendations believed appropriate. • We appreciate this opportunity to provide our services to this project. I'tease let us know if you require additional information. Thank you. Respectfully submitted for the firm, TBPE Registration No.4060 T�s*ter /• :N./ YOUSEF RAHAAN! • 56273 Yousef Rahmani, P.E. President Enclosures: Boring Plan Boring Logs 1 - 13 Soils Classification Copies: 2 -Client 1 -SEL File 14203 YR/nb 6 SCIENCE ENGINEERING/ LTD. '1� GEOTECHNICAL, ENVIRONMENTAL MATERIALS - � TESTING L ' '. Report Number 14203 • 1 f I11 : :�M I I _a p . p ,_ I. .. — V '---- - USB-5 _- t `-B-4I —_' O- im l' _ _ g: I: - - - 7 1 ref A h_ i fr--; - 52"''' 'I-—0 V — Idii B-8 1B —�''�`- > -ter _._ �.. rtt—r----4)i -1_4 -, -B-1UA . - w�� t� -- 1 IT QF, 1 A i 1 t µill ,-_ R •B=13� ; i =—=__ s� _ B-12_ i — +, ta fl --- --- _ --_ as ` NOT FC 8TH STREET IMPROVEMENTS PORT ARTHUR, TEXAS BORING PLAN AUGUST 2014 NOT TO SCALE P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef@scienee-engineer.corn -l- S SCIENCE ENGINEERING, LTD. \ GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING 411 E L LOG OF BORING Project: 8th Street Improvements - Port Arthur,Texas Project No: 14203 Boring Number: B-1 Date of Report: 08/06/2014 Location: See Boring Plan Date of Boring: 07/17/2014 Dry Auger: 0 to 5 Feet Authorization: Mr.Ron Arceneaux,P.E. SHEAR STRENGTH a _ 0 w x 7 O H Q tv, w STRATUM DESCRIPTION r > HI cn cn W > a o. a �. . Z O H Ov o 2"Asphalt and 7" Base Dark Gray CLAY 66 21 45 I 0.50 23 98 57 18 39 0.50 0.40 ._.._.._.._C�; �. . 5 Bottom at 5 feet 7. Water was not encountered during drilling. 2. Bore hole was dry upon completion. • _f-.. P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef@science-engineer.com n ( c 7 s` C- :"• SCIENCE 1ENGINEERING LTD. .,-* GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING EL` . _ LOG OF BORING ' Project: 8th Street Improvements Port Arthur,'T2Ras Project No: 14203 Boring Number: B-2 Date of Report: 08/06/2014 r , Location: :See Boring Plan Date of Boring: 07/17/2014 Dry Auger: "0°• to 5 Feet Authorization: Mr.Ron Arceneaux,P.E. o; SHEAR STRENGTH i O z O O = w a' a li' a STRATUM DESCRIPTION z i g I R cn 6 Q u 2 O O .fin w 2O d a Qt d E. C 5 G+ 'GJ W A cn cn ra A a w w a e... z 2 a t v0 o°00 2"Asphalt and 7.5"Base Dark Gray CLAY C3 20 43 0.50 38 82 67 25 42 0.25 0.30 Cf. Bottom at 5 feet 1 1. Water was not encountered during drilling. 2. _ Bore hole was dry upon completion. 1 r 1 1 P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 /E-Mail: yousef@science-engineer.com.science-engineer.com /S `'' SCIENCE ENGINEERING LTD. GEOTECHNICAL, ENVIRONMENTAL; MATERIALS TESTING LOG OF BORING Project: 8th Street Improvements Port Arthur,Texas Project No: 14203 Boring Number: B-3 Date of Report: 08 10V2014 Location: See Boring Plan Date of Boring: 07/12/2014 Dry Auger: 0 to 5 Feet Authorization: Mr.Ron Arceneaux,P.E. SHEAR STRENGTH CV. f ; z STRATUM DESCRIPTION z `" w w > a w u Z a v i b O z W O .J vs w. w p i z c w t 2 13 8 ¢ E- .7. V; �r it N V w O C. W Q cn to f4 3 Q �' C. Z w. F' V U 0 0 I 3"Asphalt and 8"Base Dark Gray CLAY 36 56 23 33 0.50 31 89 53 20 33 0.75 0.34 CH Bottom at 5 feet 1. Water was not encountered 1 _ during drilling. — — 2. Bore hole was dry upon completion. — — --i--- • B.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 932-0636 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef c@i science-engineer.com I SCIENCE ENGINEERING LTD• f� l GEOTECHNICAL ENVIRONMENTAL, MATERIALS TESTING E r L • : r1 LOG OF BORING f Project: 8th Street Improvements Port Arthur,Texas Project No: 14203 Boring Number: B-4 Date of Report: 08/06/2014 r • Location: • See Boring Plan Date of Boring: 07/17/2014 Dry Auger: 0 to 5 Feet Authorization: Mr.Ron Arceneaux,P.E. SHEAR STRENGTH X t7 O 0 4 w w w STRATUM DESCRIPTION w c) m ' °` z z - u o w �' >. a co rV' 8 x Z w 0 R 66 v, vn co R a a`. a'a. a z cG pW., a uhr U0 0 2"Asphalt and 8"Base Dark Gray CLAY 62 22 40 0.50 28 94 58 22 36 0.75 0.40 CH 5 Bottom at 5 feet _ 1. Water was not encountered during drilling. — 2. Bore hole was dry upon • _ completion. I — — P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: youse#@scienee-engineer.corn • s ERI SCIENCE ENGINEERING,��~ � NG, LTD. GEOTECHNICAL,.N CAL,:ENVIRONMENTAL, MATERIALS TESTING r LOG OF BORING Project: 8th Street Improvements Port Arthur,Texas Project No: 14203 Boring Number: B-5 Date of Report: 08/06/2014 Location: See Boring Plan Date of Boring: 07/17/2014 Dry Auger: 0 to 5 Feet Authorization: Mr.Ron Arceneaux,P.E. SHEAR STRENGTH w p w � A STRATUM DESCRIPTION � Ii P4 P. a a a. Z R. Y a u8 [7.,_ 0 0 2.5"Asphalt and 7"Base Dark Gray CLAY 66 23 43 0.35 30 89 61 19 42 0.35 0.32 CH Bottom at 5 feet 1. Water was not encountered _ _ during drilling. _ _ 2. Bore hole was dry upon — completion. P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef@science-engineer.com g SCIENCE ENGINEERING LTD. ;; GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING ( E - L ti. LOG OF BORING Project: 8th Street Improvements L , Port Arthur,Texas Project No: 14203 Boring'Number: B-6 Date of Report: 08/06/2014 Location: See Boring Plan Date of Boring: 07/17/2014 Dry Auger: 0 to 5 Feet Authorization: Mr.Ron Arceneaux,P.E. C O F z4 z SHEAR STRENGTH STRATUM DESCRIPTION o 2 — iLi z t t. a u v 2 c p Z Cl)oomt p a o Q 2.5"Asphalt and 5"Base Gray CLAY 34 IIM76 ® 52 0.50 — ----____ -® 67 ® 44 — 0.25 0.30 CH 1111M1.1111.11 _ _ Bottom at 5 feet ----____ - ----�—__ _ _ 1. Water was not encountered _M _—____ during drilling. _—_____ 2. Bore hole was dry upon _-_-___ _ completion. —_--____ ----_�__ --- IMEIMINE MIMI= =111111111111= 111111.11111.1 = MIIIIIIMMIIIIMI MIMI MIMI 1111111. I= Eli ___ Ell IIIIIIMIMIll El IM111111 I .O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef s@i science-engineerocnrn , S SCIENCE ENGINEERING, LTD. / ; t GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING ( F, L r , • LOG OF BORING Project: 8th Street Improvements Port Arthur,Texas Project No: 14203 Boring Number: B-7 Date of Report: 08/06/2014 Location: See Boring Plan Date of Boring: 07/17/2014 Dry Auger: 0 to 5 .'Feet Authorization: Mr.Ron Arceneaux,P.E. SHEAR STRENGTH' 1 a STRATUM DESCtIPTIONo w ..1 W• u �1 u r" x�e O 'a. Lq a H z W E q o a — S uz � u w. A a 3 q .� a w z oaN � ° 0 0 3"Asphalt and 11"Base Dark Gray CLAY :t. 32 60 24 36 0.50 26 94 62 22 40 0.25 0.35 Ll1 Bottom at 5 feet _ 1. Water was not encountered during drilling. 2. Bore hole was dry upon completion. — H — _ — H f _- I P.O, Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax (409) 982-0619 / E-Mail: yousef@science-engineer.eom a,.. — SCIENCE ENGINEERING, LTD. r ' \� I,`1V Ys� � - GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING LOG OF BORING Project: 8th Street Improvements Port Arthur,Texas Project No: 14203 Boring Number: B-8 Date of Report: 08/06/2014 ` Location: See Boring Plan Date of Boring: 07/17/2014 _ . . . Dry Auger: 0 to 5 Feet Authorization: Mr.Ron Arceneaux,P.E.J SHL AR STRENG"IH o. a STRATUM DESCRIPTION k r a A w „ 8 b i " ww. O n CO CI)a C az• 1 a O ' u ,y cn G„ OaW CO xV g tib ,- OWW >. .� A ° a 5.1 Z° � a 8tC] m m co o 0 0 2"Asphalt and 9"Base Dark Gray CLAY -- 62 ® 41 _— y,35 11111.11111.11 30 88 ® 19 32 0.25 0.30 5 Bottom at 5 feet ---__ --��__ — 1. Water was not encountered —_—___ during drilling. —_—___ _v 2. Bore hole was dry upon ----__v r completion. _---__ MO MIMEO I. __ _ 111110111111 MIIIMIll 111.11 =ME P.O. Box 2048 /Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yooseft&science-engineeroeom SCIENCE ENGINEERING, LTD. F` • GEOTECHNICAL ENVIRONMENTAL, MATERIALS TESTING - , LOG OF BOILING Project: 8th Street Improvements Port Arthur,Texas Project No: 14203 Boring Number: B-9 • Date of Report: 08/06/2014 I ' Location: See Boring Plan Date of Boring: 07/17/2014 Dry Auger: 0 to 5. Feet Authorization: Mr.Ron Arceneaux,P.E. . SHEAR STRENGTH 0 O w vii STRATUM DESCRIPTION A I✓ • O a ai O W '-Q V a n 0 Z z a z ai vi c�a 3 A a ' a ,y w O w `n Z O a a a a z a o 0 3"Asphalt and 6"Base Dark Gray CLAY 21 53 17 36 0.35 25 99 50 18 32 0.35 0.50 MIN =NO ..�.---•----CH 5 Bottom at 5 feet 1. Water was not encountered during drilling. 2. Bore hole was dry upon completion. I � - i P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-•0619 / F-Mail: yousef@science-engineer.com -5 ( --�� SCIENCE ENGINEERING LTD. i� .. GEOTECHNICAL, ENVIRONMENTAL, MAI ERIALS TESTING . , MILL LOG OF BORING Project: 8th Street Improvements Port Arthur,Texas Project No: 14203 Boring Number: B-10 Date of Report: 08/06/2014 Location: See Boring Plan Date of Boring: 07/17/2014 Dry Auger: 0 to 5 Feet Authorization: Mr. Ron Arcenemix, SHEAR STRENGTH x ce O z a o STRATUM DESCRIPTION z 5 2 wa w u :� F- g W U U o z L7 LI] Q ] cr) V1 .% N "3 Q C. J Q a. a. rte'• A. z C. ` ' a VO 00 3" Asphalt and 7" Base Dark Gray CLAY 29 69 21 48 0.75 20 106 59 20 39 1.00 0.60 ' ------------------------CH _. 5 Bottom at 5 feet 1. Water was not encountered during drilling. 2. Bore hole was dry upon _ completion. I P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef@seience-engineerocoirn iiS ç ;...;. , :..Y SCIENCE ENGINEERING, LTD. ,, =? . GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING E �. L ilk \j — I LOG OF BORING Project: 8th Street Improvements I Port Arthur,Texas Project No: 14203 Boring Number: B-11 Date of Report: 08/06/2014 Location: See Boring Plan Date of Boring: 07/17/2014 lDry Auger: 0 to 5 Feet Authorization: Mr.Ron Arceneaux,P.E. 0 SHEAR STRENGTH o J Lu Q z Gw w H z n w Ca w n w aJ w STRATUM DESCRIPTION z0 n a zx x O .] CO w Ca V V.. " ( �, '1'. w CF7 A. >. d C tV' O V z w U 0 w n a� 0 .:4 ca. G a Z O� O. Uv cca °o° 1.5"Asphalt and 10" Base I Dark Gray CLAY 26 -® 18 358 0.25 . . ----_—__ ® 100 61 1131 40 0.35 0.50 ••••••1••=1•••••• •••••=1“11•1•1••=11110•111.111.111•11•1 “. ---____ — MUM. Bottom at 5 feet _—______ ----_—__ — 1. Water was not encountered -_______ _ during drilling. ----_—__ — 2. Bore hole was dry upon _--_____ completion. ----____ J ----_—_- ----- •111111111•11•11 _—_— IIIIMIIMIIIMIII - --_-__—_ - -_--_—__ .. 111•11111M11•11 IIIIMMIIIIIIIIIIN INIIIIIMINININ INIIIIIIIIIIIIMIIII • ----_—_— - __--___— P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef@science-engineer.com S.(1� SCIENCE ENGINEERING, LTD. '_` fr ''''-'' '''.1 '� .� GEOTECHNICAL, ENVIRONMENTAL, MATERIALS TESTING �� LEms. ,__ : KEY TO SOIL CLASSIFICATION AND SYMBOLS SOIL TYPE SAMPLE TYPE Gravel Sand Silt Clay * X \ Sandy Silty Clayey Predominant type shown heavy Un- Rock Split No Disturbed Core Spoon Recovery SOIL GRAIN SIZE U.S.Standard Sieve 6" 3" 3/4" 4 10 40 200 - Boulders Cobbles Gravel Sand Silt ClayI Coarse I Fine Coarse Medium I Fine l 152 76.2 19.1 4.76 2.00 0.420 0.074 0.002 (mm) PLASTICITY CHART 60 50 CH 40 Plasticity 30 Index OH&MH 20 "A" ine CL (0 CL-ML 1/I/l//� ML&OL 0 0 10 20 30 40 50 60 70 80 90 100 Liquid Limit CONSISTENCY OF COHESIVE SOILS RELATIVE DENSITY ' OF COHESIONLESS SOILS Penetration Penetration Resistance, Cohesion Plasticity Degree of Resistance, Relative blows per foot Consistency TSF Index Plasticity 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 Hard > 2.0 P.O. Box 2048 / Nederland, Texas 77627 / Tel.:(409) 982-0686 or (409)727-2218 Fax: (409) 982-0619 / E-Mail: yousef .,seienee-engineer,eom