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HomeMy WebLinkAboutPR 20757: 8TH AVENUE IMPROVEMENTS FORM 32ND STREET TO DEAD END (•e of ort rthu — Tr cu www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 28, 2019 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Alberto Elefano, P.E., City Engineer/Interim Public Works Director RE: P.R. 20757 — 8th Avenue Improvements from 32°d Street to Dead End Introduction: Award of 8th Avenue Improvements from 32nd Street to Dead End to the most responsible bidder Excavation & Construction LLC. Background: This project is for the reconstruction of 8th Avenue from 32nd Street to the Dead End. Four(4) Bids were received and opened on February 13, 2019 with Excavation & Construction LLC of Port Arthur, Texas submitting the 2nd lowest responsible bid of $881,393.50. The lowest bidder was disqualified due to procedural errors in their bid package. Budget Impact: Funds are available in Capital Improvement Account: 307-1601-591.86-00 for the contract price of$881,393.50. Recommendation: Approval of P.R. No. 20757 authorizing the City Manager to execute a contract with Excavation & Construction LLC of Port Arthur, Texas for the 8th Avenue Improvements from 32nd Street to Dead End with a projected budgetary impact of$881,393.50. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 )K Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. 20757 03/28/19 ace RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EXCAVATION AND CONSTRUCTION LLC OF PORT ARTHUR, TEXAS FOR 8111 AVENUE IMPROVEMENTS FROM 32ND STREET TO THE DEAD END WITH A PROJECTED BUDGETARY IMPACT OF $881,393.50. FUNDING IS AVAILABLE IN THE CAPITAL IMPROVEMENT STREETS ACCOUNT NUMBER 307-1601-591.86-00. WHEREAS, the contract was advertised on January 25, 2019 and January 29, 2019 in the Port Arthur News; and, WHEREAS, four (4) bids were received and opened on February 13, 2019 with Excavation & Construction LLC of Port Arthur, Texas being the lowest responsible bid in the amount of $881,393.50 with a contract term of 241 days attached as Exhibit 'A" and have been evaluated by the Public Works staff; and, WHEREAS, the lowest bidder was disqualified due to procedural errors in their bid package; now, therefore; and, 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 8th Avenue Improvements from 32nd Street to the Dead End to Excavation & Construction LLC of Port Arthur, Texas in the amount of $881,393.50; 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 Excavation & Construction LLC of Port Arthur, Texas with a projected budgetary impact P.R. 20757 Page 2 of $881,393.50 for the 8th Avenue Improvements from 32nd Street to Dead End; 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. 2019 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 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno Harvey Robinson City Attorney Interim City Manager P.R. 20757 Page 3 APPROVED AS FOR AVAILABILITY OF F DS: ZLota,--1_41 Rebecca Underhill, CPA Acting Director of Finance C . Cs Alberto Elefano, P.E. Interim Director of Public Works / iDy y Clifton illiams, CPPB Purchasing Manager Exhibit "A" TBPE Firm No. F-5755 tir� TBPLS Firm No. 10123800 � OUTEX ,v; .,,� \ -a..-------e,--- LA EF.00057ii I J t �^ 3737 Doctors Drive r Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office (409) 983.2004 Fax(409)983.2005 February 18, 2019 City of Port Arthur 444 4t Street Port Arthur, Texas 77640 I Attn: Mr.Alberto Elefano, PE Re: 8th Avenue Paving Contract 19-031 Soutex No. 18-0520 Gentlemen: Please find attached a Bid Tabulation for the above referenced paving project. We recommend the second low bidder, Excavation and Construction, LLC, be awarded the Bid. The low bidder had some whiteout cost numbers that were not initialed. Discussion with the Purchasing and with the Legal Departments agree the bid of Gulf Coast is not acceptable. Respectfully s emitted, 41, ir 4 ' J. ' chell, PE, RPLS i1 - .c ment c. 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A A A LD A N W N .-• .+ > n N _. . 3 co A W W A V N T A A 01 tP W V1 tr O CO a ut A N Oo J W CO lD lD -♦ p 0 CO N 0 V O,01 C1 0:n T a• 0 0 0 V T 0 0 Q1 N 0 , to 0 Co :n Co in L .-• AO C Z „ Ii0 p lD 0 0 o 0 0 w A 800 , , 00 ., ,, 00 . 00 . 0,— ,. .,,.0p x 'O O m O C O O O O'' O O N ln'O o O w 0 0 0 A 0cC O Z 0 O 0 pp O O O C C 0 0 0 O O O O C O 0 C O ala O O O O C i 0 i O O o O 00000 i l I 0 0 0 0 0 i 0 0 0 10 O O O O I 0000 0 0 0 0 1 EXHIBIT "B" CONTRACT FOR IMPROVEMENTS TO 8TH AVENUE FROM 32ND TO DEAD END THIS AGREEMENT, made this day of , 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Excavation & Construction LLC hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be 241 days from the start date. 2. The Contractor shall improve 8th Avenue from 3nd Street to Dead End as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amount of$881,393.50. 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Notice of Award 6) Notice to Proceed 7) Bid Bond 8) Performance Bond 9) Payment Bond 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in(2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of 2019 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of , 2019 ATTEST EXCAVATION & CONSTRUCTION BY CITY SECRETARY PRINT NAME: TITLE: SPECIFICATIONS AND CONTRACT DOCUMENTS IMPROVEMENTS TO 8TH AVENUE (Between 32nd Street to Dead End) -40---i SIJ ort rJhur� CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS JOB NO. ST1P11 January 2019 OF %,---0• .�Itrr i,I .' .• ••.* CONTRACT # JEREMY J. MITCHELL i i-a'' 116941 .2<Q -" P19-031 ti�ox. <, o...�c FS•.CFNSF-.•G\r 1xxxiONAL E-N-=- 1/16/79 VI air Prepared by: SOUTEX SURVEYORS 8, ENGINEERS 3737 DOCTORS DRIVE, PORT ARTHUR, TEXAS 77642 TBPE FIRM No, 5755 TBPLS FIRM NO. 10123800 409-983-2004 Page 1 of 86 MANDATORY PRE-1311) CONFERENCE A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Paving Improvements to 8th Avenue will be held on Thursday,January 31, 2019 at 11:00 a.m. at the City Hall 5th Floor Conference Room located at 444 41h Street., Port Arthur, Texas. The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 2 of 86 DERRICK FORD FREEMAN,MAYOR HARVEY ROBINSON THOMAS J.KINLAW III,MAYOR PRO TEM City of INTERIM CITY MANAGER \` ) COUNCIL MEMBERS: SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. n r t rt h u— r`' CITY SECRETARY CAL J.JONES HAROLD DOUCET,SR. Texas VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK JANUARY 23,2019 INVITATION TO BID PAVING IMPROVEMENTS TO 8TH AVENUE (32"1 STREET TO DEAD END) DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 13, 2019. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, February 13, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P19-031 DELIVERY ADDRESS: Please submit one(1)original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET,4th Floor PORT ARTHUR,TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 clifton.wi l liams(cz��portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 I Fax 409.983.8291 Page 3 of 86 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager Page 4 of 86 INVITATION TO BID PAVING IMPROVEMENTS TO 8TH AVENUE (32°d STREET TO DEAD END) (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: Page 5 of 86 Table of Contents RETURN SECTION TITLE WITH BID A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID PROPOSAL YES E. EXCEPTION/APPROVED EQUAL REQUEST F. BID BOND YES G. CONFLICT OF INTEREST(IF NO CONFLICT WRITE NA ON YES LINE 1 AND SIGN/DATE LINE 7) H. PAYMENT BOND I• INSURANCE J. PERFORMANCE BOND K. ROAD MAINTENANCE BOND L. HOUSE BILL 89 VERIFICATION YES M. NON COLLUSION AFFIDAVIT YES N. AFFIDAVIT PAGE YES O. SPECIFICATION P. SB 252 YES Q. SUPPLEMENTAL GENERAL CONDITIONS R. TECHNICAL SPECIFICATIONS S. SPECIAL PROVISIONS DRAWINGS Page 6 of 86 Page 7 of 86 CONTRACT FOR PAVING IMPROVEMENTS TO 8TH AVENUE (32" STREET TO DEAD END) THIS AGREEMENT, made this day of , 2019, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be days from the start dat. 2. The Contractor will perform work as stated in the Contract Documents. 3. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 4. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the amounts of$ 5. The term "Contract Documents" means and includes the following: 1) Agreement 2) General Information 3) Specification 4) Bid 5) Payment Bond 6) Performance Bond 7) Road Maintenance Bond 5) Notice of Award 6) Notice to Proceed 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in ( 6 copies) each of which shall be deemed an original on the date first written above. Page 8 of 86 Signed on the day of 2019 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of ,2019 ATTEST CONTRACTOR BY CITY SECRETARY PRINT NAME: TITLE: Page 9 of 86 Page 10 of 86 CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, February 13, 2019 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, February 13, 2019 in the City Council Chambers, 5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: PAVING IMPROVEMENTS TO 8TH AVENUE (32"STREET TO DEAD END) Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, JANUARY 31 2019 AT 11:00 A.M. AT CITY HALL 5TH FLOOR CONFERENCE ROOM, 444 4Th STREET,PORT ARTHUR,TEXAS Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifto illiams, CPPB Purchasing Manager FIRST PUBLICATION: January 25,2019 SECOND PUBLICATION: January 29,2019 Page 11 of 86 Page 12 of 86 INFORMATION TO BIDDERS NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal"shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflictforms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. Page 13 of 86 ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee,official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Public Works, P.O. Box 1089, Port Arthur,Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in Page 14 of 86 connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City Page 15 of 86 for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage$100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate plicy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance(Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. Page 16 of 86 b. If individual limits are provided, minimum limits are$300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten(10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. INDEMNIFICATION: The CONTRACTOR shall defend, indemnify, and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees, from and against all damages, claims, losses, demands, suits,judgments, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss,demand, suit,judgment, cost or expense: Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property(other than the work itself)including the loss of use resulting there from. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications, or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. DELAYS: The CONTRACTOR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY to provide information or material, if any, which is to be furnished by the CITY. When such extra compensation is claimed, a written statement thereof shall be presented by the Page 17 of 86 CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY to provide material or necessary instructions for carrying on the work, then such delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. MAINTENANCE OF WORK: After approval of final payment and prior to expiration of one (1) year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. ANTITRUST: CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti- trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). DELAY, DISRUPTION OR OTHER CLAIMS: Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY and to the ENGINEER promptly (but in no case later than ten (10) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further, the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. MUTUAL RESPONSIBILITY OF CONTRACTOR'S: If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. SB 252 AND HB 89: Contract must the requirements of these bills. Contractor will have to sign agreement before NTP or PO are generated. BID SECURITY AND LIQUIDATED DAMAGES: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur (CITY), or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty(60) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the CITY, furnish bonds and insurance Page 18 of 86 as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the CITY for the difference between the amount specified in the bid in the amount for which the CITY may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the CITY and furnish Performance and Payment Bonds and required Insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the CITY, within said period, of reasons which the sole discretion of the CITY,justify an extension. If said Contract, bonds and insurance Documents are not received by the CITY within said period or if work has not been commenced within the time specified, the CITY may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the bidder shall be liable to the CITY for any excess cost to the CITY over bid amount. Further, the bid guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall be liable to the CITY for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The CITY, within ten(10) days of receipt of acceptable Performance and Payment bonds, insurance documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should the CITY not execute the Contract within such period,the Bidder may,by written Notice to CITY, withdraw his signed Agreement. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Timely completion of a project is extremely important to the CITY. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" issued by the CITY and to fully complete the project within 90 calendar days. Failure of the CONTRACTOR to complete the Work within the time allowed will result in damages being sustained by the CITY. It is agreed and understood that it would be impractical and extremely difficult to ascertain the amount of actual damage the CITY might sustain by reason of breach of the agreement; therefore the amount stated is expressly agreed upon as liquidated damages and is not intended by the parties to be a penalty. As such, liquidated damages of$500.00 per day will be imposed for each calendar day the service delivery date is exceeded. By submittal of Bid on the project, and by execution of the Contract by the CONTRACTOR awarded the project shall constitute an agreement by the CITY and CONTRACTOR that$500.00 per day is the minimum value of the costs and actual damage caused by the failure of the CONTACTOR to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. Page 19 of 86 Page 20 of 86 BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 PORT ARTHUR, TEXAS 77640 Proposal of 17(r_44>440A COr,y..*tcs.1 (1,C (hereinafter called "BIDDER"), organized and existing under the laws of the State of 7-k , doing business as * &c40444:44, co.40090_,..4.A,and acting by and through fxc.•rA-##A<<v4s4,v+•.1 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 IMPROVEMENTS TO 8T" AVENUE (Between 32"d Street to Dead End) 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 by and for final completion of the PROJECT by 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$315.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 51 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: *Insert "a corporation," "a partnership," or"an individual"as applicable. 3 BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: DI Page 21 of 86 BID SCHEDULE NOTE: The City of Port Arthur is a tax exempt agency. The CITY will furnish approved bidder with Tax Exemption Certificate for materials used on this project. BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount Preparing of Right-of-W1 100. (An d 13.31 ST 001 7 Jro ct )ts $ oo 4655`?"'" Per Station Remove Concrete Driveways & Sidewalks 104. 435 SY (`' Air ti And 001 2 rO cc f? 30 $ x'3.050 Per Square Yard Remove Concrete Culverts (d Driveways & Sidewalks) 104. 1 002 902 LF L' 1G�rcn U n > c r $ ,( 0 0 ZZoo c.n /s 19 Per Linear Foot Remove Base &Asphalt Pavement 105. 2620 SY G`n d 7 .ro 001 �, Czn � $ 006 $ JS72�` Per Square Yard / Excavation LL r 110. 2224 CY � . r a"[ rive_Ve '1c) 001 r?f , Co Per obit Yard $ Z5 � $ S rJjE� Embankment (Ty A) (Final) (Ord. Comp) Complete in place. 132. 001 232 CY (el; O(.c.r t Gid Zero Per Cubic Yard V D2 Page 22 of 86 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount Seeding for Erosion Control, Complete in place. 164. 001 ? 2800 SY @ 1 a cr)J c.V.. 64' $ 2 $ S-400 � Per Square Yard i • Lime Treatment(Material)(8%)(Dry. WS.) j 260. @ 1 rrc, h k nd rc J sin od 001 120 = TN , `'Per Ton $ 2 i $ 2'1,0°`1�r Lime Treatment(Subgrade)(8"Thick) 260. 4180 SY @ �n w- O Lef•C. 002 Car t'S / �J.to Per Square Yard $ ie, $ y �` Concrete Pavement (CI P) (7"), Complete in Place o% CC OC 001 3875 SY @ 'i r t.. -tvo ekr,d $5Z '360. Z4"i 1 1p =e✓co GGIYI3 $ $ Per Square Yard 18" RCP (Reinforced Concrete Pipe), I Complete in Place • 464. i700 LF @ SP_.k.n i'( •" c',,e_ c�rJ 001 : J . Zt c O c%C n� Per Linear Foot $ ��� $ _2 5�✓ 24" RCP (Reinforced Concrete Pipe), Complete in Place 002 447 LF @ E/G j'lt— in c_ � J Zc...cci C e_nA.s Per Linear Foot S 8 - $3� Adjusting Manholes and Inlets. Complete and in place.479- I ( 2 EA @ �: , ' � 7 AwrXCJ 001 t c''n -flue'. Cid 2c.rn Gr_nt.S, vj QY Per Each s ZC-47) S ��', D3 Page 23 of 86 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount . • Mobilization )) 1L> /�� { @ . c.,"dr)43 -/h 044 Soi)V 500. ; 1 LS 001 s And zesc, Ccr,AS CI1/4-1 Da, i t Lump Sum $ 7d. $ 74 13g)4* Barricades, Signs, and Traffic Handlings• I 11 502. ; 1 LS @ f1�J<<1 fh tthd i 001 l ;;( 2 c co cc n is ! te: 0y.- P 1 Lum Sum $ ii�d r $ j/Oda Erosion Control Logs(Install)(Remove) I 506. 5 EA @ Sr.►e n•ii C.r) G T r r0 001 I Le r) 1-. $ 7d 4 - $ 35D 1 ( Each i } Construction Exits(Install)(Remove) 1 i 506. @ Thirt.. ��J ac c- 156 SY 002 } can}t 0(2-- $ (2 1080"-- , I Per Square Yard Storm Water Pollution PreventiontPlan 506. @ l t4G i - 1.A.5 - d ark C) 003 1 LS Le("to $ cco00 'y- $ veo o� Per Lump Sum 7 Intersection (32"d Street), Complete in place. 530. @ Elhft —'�"wb 'tvrs 1 LS J 001 �n4 warn «1+4" Per Lump Sum $ 5ei $ 82i voes i + Intersections (Asphalt Transitions Each Side of+ } t 8t'Ave)(29`h,30`h, 31'`), Complete in` place. 530. T 6 i EA @ W a 1 v er t1-�t�s�n d • 1 002 t 1 I 4 4Nrtci Lr c•p c. .11)--$ Au--• 1 �- -- ---! Per Square Yard ` $ /22 De D $ 72/04Z --• D4 Page 24 of 86 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount • Driveways(Concrete 4"),Complete in place. 530. @ 384 SY FrA-4..r i.3 — rinc, and 003 : ,e-c;.,-., e-m: llt_r` CA4--- Per Square Yard . $ Her $ le tei& ..__. Driveways(Concrete 6"),Complete in place. 530. @ ICf?" --- ft cd . e.ro • • 170.50 SY ' 004 r C eh:4 S ..(RO. Per Square Yard $ “-°"-- $ q3 77 (4'Chain Link Fence High) , • • 550. @ 40 LF • 001 dors 02-- $ 2-oe Per Linear Foot Street Signage,Complete in Place @ ...c..)( Mocis4nd evNol I LS .2Cref) C 4/14( • a ' ----- tee°95.--)- 1 Per Lump Sum 1 • . • . • 6" C-900, Class 150 Water Line, Complete in ; . . Place : . : 600. ' @ lai rij — -7actic aix/ • 001 1580 LF • t COPA .c..r-o C4415 C.....4!ii Per Linear Foot ...- --- $ 4(5 , . 6"Resilient Gate Valve,Complete in Place - @ Orl '010tAfi•ctrYCI SW. J3 . 16 EA . 125.-•-'- ..y.,..1 r-0 e_cC-Crit...< Per Each ; S /0 id, $ 14144, ! . ...: „. . , • 1" Long Side Water Service, Complete in Place .• 3 . EA @ On( cAnc) • , --2__ c-0 C.,eal--)- ..i s )oP° , $ 3€x° Per Each D5 Page 25 of 86 BASE BID ITEMS Item Est. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 1" Short Side Water Service, Complete in • Place }} a 9 EA @ F; heti-a �v p-- _2iOSp $ sow $ USba Per Each Manholes - Remove & Replace Existing Sanitary Sewer Structures w/ Fiberglass 708 Manhole (Incl. Trench Protection, Cern. Stab. 001 2 EA Sand Bkfl.)(Comp]. in Place) COPA @ FlUe. •14>pu5GnSMC' 2eco Gent- be Per Each $ � ' $ /000~' • Fire Hydrant Assembly,Complete in Place • 808. ' @ F4'; C, i` ce''(G%n en) 001 3 EA 7 <b COPA ' Per Each • ---- __----- ---- ---- : $ Sa't'es : S 1$ " TOTAL AMOUNT BID $ �j i go, 3413, LO D6 Page 26 of 86 Section D E.15 4 n+tfi2rc.3 '.5h1j -of) fcc htAnArCcS n+a,# - f rC cml &. 11 :1 j,,,r,lb,�a u•r� : SQ /100 Dollars (Total Base Contract Price-Wri en) ,441 e Total number of Calendar days to complete: 241 QUANTITIES OF WORK: 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. Bid Submitted by: tet*iv+rf #i t Con spt r cam, Contractor Represented by: krill (n, I ,;e s 4— �r� , Title Bid Prepared by: �4sl.hL�4r'a��-o '\ , Estimator , Estimator D7 Page 27 of 86 Page 28 of 86 CITY OF PORT ARHTUR EXCEPTION/APPROVED EQUAL REQUEST [Please submit this form for each exception/approved equal] VENDOR: TELEFAX: PROJECT: PAGE: of PARAGRAPH: SUBJECT: REQUEST: Signature FOR CITY OF PORT ARTHUR USE ONLY APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR REP Page 29 of 86 Page 30 of 86 Hackett Bonds and Insurance Services CONTRACT BOND REQUEST FORM Ckett 3672 Midpines Dr. nasbp.org/toolkit Q Dallas,TX 75229 tso,e.®a rmh� �.��� Phone:(630)696-2068 ►/Y Sean McCauley, Jr. Today's Date: 2/8/2019 `/ Frorrr' Eric Gilchriest k.t' Contractor: Excavation & Construction LLC Obligee (Bond Payable To): City of Port Arthur Address: 444 4th Street Port Arthur, Tx. 77640 Legal Project Name (including any identifying numbers): • Improvements on 8th Avenue Bid Number: P19-031 Job Location: 8th Ave. from 32nd St. to Dead End Scope of Work: Remove and Replace Concrete Roadway Estimated Start Date: 3/11/2019 Work On Hand As Of: $ Completion Time: 241 Calendar Days Penalties/Damages: $315 Per Day Special Bond Forms? ❑ Yes (attach forms) ® No Retainage: 5 % Warranty Period: 1 Year Covered By Manufacturer? ❑ Yes ® No Job Breakdown: Labor: 60% or$ Materials: 40% or$ Subcontracts: 0% or$ Profit: 15% or$ List Major Subcontractors Amount Sub Bonded? $ ❑ Yes ❑ No $ ❑ Yes ❑ No $ ❑ Yes ❑ No Architect/Engineer City of Port Arthur Phone: (409) 983-8160 Special Hazards: None BID BOND INFORMATION Bid Date and Time: 2/13/2019 3:00pm Estimated Bid: $1,000,000.00 Bid Bond Amount: 5 % or $ Bid Opening Location: Port Arthur City Hall BID RESULTS Low Bidder: Bid Amount: S 2nd Bidder: Bid Amount: $ 3rd Bidder: Bid Amount: $ Do you expect to be awarded the contract? ❑ Yes ❑ No Comments: PERFORMANCE& PAYMENT BOND INFORMATION Contract Date: Contract Amount: $ Performance Bond Amt: % Payment Bond Amt: % Number of Executed Sets: Please include a certificate of insurance with the bond: ❑ Yes (attach requirements) ❑ No NOTE: Please attach a copy of the bid specs or contract. Failure may result in the delay of delivery of the bond. nasbp.org/toolkit- Version 2.0 ©Copyright 2010 National Association of Surety Bond Producers. All Rights Reserved. The NASBP Tool Kit is for the 42 use and benefit of NASBP members, affiliates,and associates. For complete terms and conditions, visit nasbp.org/toolkit. AIA Document A310 TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place Excavation&Construction LLC of business) 6601 Proctor Street Ext. Developers Surety and Indemnity Company This document has important legal Port Arthur,TX 77642 P.O. Box 19725 consequences.Consultation with OWNER: Irvine,CA 92623 an attorney is encouraged with (home, legal status and address) respect to its completion or City of Port Arthur modification. 444 4th Street,Port Arthur,TX 77640 Any singular reference to Contractor,Surety,Owner or BOND AMOUNT: FIVE PERCENT(5%)of Total Amount Bid other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Improvements on 8th Avenue Bid Number:P19-031 Project Number,if any:P19-031 Remove and Replace Concrete Roadway-8th Ave.from 32nd St.to Dead End The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally.as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents.with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond.between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid_then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished.the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 11th day of February, 2019 Excavation&Construction LLC (Principal) (Seal) (Witness) (Title) Developers Surety and Indemnity Company 1--CLUE — ,,,_,/� OD/tress) Claudia Nunez �v—. �, 9 / ! (Title) Se James McCauley,Jr. ,Attorney in Fact AIA Document A310""—2010.Copyright 0 1963, 1970 and 2010 by The American Institute of Architects.All rights reserved. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Sean James McCauley Jr., Christine M. Maestas, Edward N. Hackett,jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fac full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October,2018. By: ?•oAnofof�F• y 4rtePArN� c'D pc cDaniel Young,Senior Vice President : °l`voi ; 01f 1936 ' °• 19,57°By: " d• ,A`-t Mark Lansdon,Vice-President ; u . x / 1'soR ...*.••••`•• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On October 4,2018 before me, Lucille Raymond,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Mark Lansdon Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of •,�,� LUCILLE RAYMOND which the person(s)acted,executed the instrument. Notary Public-California Cho-•i' S Orange County >: I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Commission N 2258185 true and correct. My Comm.Expires Oct 13,2022 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucille':y ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 11th day of February , 2019 . .124 PNohN'•;�, 0 pAN1 p� yJcaaPol� aFy Q�70A4^ o� By. ' w' 1936 `�' 2 = 0CT.s `� o Cassie J. sford,Assistant Se tory ;o�• P.:1S c 196 e x -auFot*:•aa.. 2 -f41Fo? ATS-1002(10/18) '�'o * ��••• Texas Department of Insurance Amended Certificate of Authority License no. 95568 Licensed since: February 9, 2001 Department Certification Developers Surety and Indemnity Company (foreign stock fire and casualty company) organized under the laws of the state of California This entity has complied with the laws of the state of Texas, as applicable, and is authorized to transact the following lines of insurance: Allied Coverages, Auto Physical Damage, Automobile Liability, Boiler & Machinery, Burglary & Theft, Employers' Liability, Fidelity & Surety, Fire, Forgery, Glass, Inland Marine, Liability Other than Auto, Rain This amended certificate of authority is in full force and effect until it is revoked, canceled, or suspended according to law. Given under my hand and official seal of office in the city of Austin, February 28, 2017 DAVID C. MATTAX COMMISSIONER OF INSURANCE ____--- ---�-, G,�f' n1/ Jeff Hunt, Director Company Licensing and Registration 1 Commissioners order no. 3632 Page 33 of 86 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFRCEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An Ai offense under this section is a misdemeanor. I Name of vendor who has a business relationship with local governmental entity. 1 tYLA tJA 1}�vn < .bfiv✓, elryt 1—C4:— l l Check this box If you are filing an update to a previously filed questionnaire.(The law requires that you file an updated 1 I completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 31 Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F-1 Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 1-1Yes1-1No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. j Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176 003(a-1). J Via//1 Signal e of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx us Revised 11!30.,2015 Page 34 of 86 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,ora family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11!30/2015 Page 35 of 86 Page 36 of 86 PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we ,of the City of , County of and State of as Principal,and as Surety,authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the City of Port Arthur,Port Arthur,Texas,and to all Subcontractors,workmen,laborers,mechanics and furnishers of material,and any other claimant,as their interest may appear,all of whom shall have the right to sue upon their bond,in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that,whereas, the above bounden Principal as prime contractor has on the day of ,2019, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statures, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each claimant, then obligation shall be null and void, otherwise it shall remain in full force and effect. Page 37 of 86 It is stipulated and agreed that no change, extension of time, addition to or modification of the contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such exchange, extension of time,addition or modification. IN WITNESS WHEREOF,the Principal has caused these presents to be executed, and the said surety had caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seals to be hereto affixed at on this the day of , A.D., 2019 CONTRACTOR ATTEST: BY: TITLE: CONTRACTOR ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. Page 38 of 86 Page 39 of 86 ® DATE (MM/DD/YYYY) AR O CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, (A/C,No,Eat): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE _ NAIC 0 INSURER A: INSURED INSURER 8: INSURER C: INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE WINOS L SUER !(MM/DID/YYYY MM/OD/YYYY LIMITS � POLICYNUMBER ) { ) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE I OCCUR MED EXP(Any one person) $ _ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG_ $ PRO- POLICY LOC $ AUTOMOBILE LIABILITY COMBINMIRGLE TIMI L ANY AUTO BODILY INJURY(Per person) $ ALL OWNED `—SCHEDULE BODILY INJURY(Per accident) $ AUTOS D AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) I $ UMBRELLALIAB OCCUR EACH OCCURRENCE _ S EXCESS LIAB I CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WCSTATU- OTH AND EMPLOYERS'LIABILITY Y I N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-FA EMPLOYEE,$ If yes,describe under ---_-- DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Itmorespace is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010!05) The ACORD name and logo are registered marks of ACORD Page 41 of 86 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, arc held and firmly hound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( in lawful money of the United States, for the payment of which sum well and truly to be made. we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of 2017, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is 'executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. Pagt-42 of 86 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of , 2018. ATTEST: Principal BY: (s) (Principal) Secretary [SEAL] (Witness as to Principal) (Address) Address Surety ATTEST: BY: Witness as to Surety Attorney-in-Fact Address Address NOTE: DATE OF BOND must not be prior to date of Contract. IF CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. Pagd- 3 of 86 Page 44 of 86 ROADWAY REPAIR BOND STATE OF TEXAS COUNTY OF JEFFERSON 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 the City of Port Arthur, Texas, a municipal corporation (owner) in the penal sum of $100,000 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 City of Port Arthur, dated the day of , for 8th Avenue (Between 32nd Street & Dead End), 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 existing public streets, roadways or utilities used by the contractor during the construction period. Herein contracted to do all necessary repairing and/or reconstructing in whole or in part of said streets and roadways that should be occasioned by settlement of foundation, damage to roadway surface, or damage to existing utilities in the roadway right of way. Be it understood that the purpose of this section is to cover all damage to existing streets, roadways and utilities accessed and utilized by said contractor during construction. 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 and repair said existing public streets, roadways and utilities, then these presents shall be null and void and have no further effect. If default shall be made by the said contractor in the performance of it's contract to so maintain and repair said existing public streets, roadways and utilities, 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 K-1 Page 45 of 86 amount shall have been exhausted. 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 , 2019. Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Roadway Repair Bond must not be prior to date of contract. K-2 Page 46 of 86 Page 47 of 86 House Bill 89 Verification I, LLo. _c_kt o -- (Person name), the undersigned representative (hereafter referred to as "Representative") of SksetJ-%a Cv4-0<-&.13-N Gc` (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 13 day of t-t_ Ib{' L. CUL , 20 Iq . / """",'••. ELIZABETH LEMOINE Nototy Public. Stur;�c'I Teo, `�� My Co'mmISS'J'. c✓qeS • September 24 2019 2 h�c — Notary Public Page 48 of 86 SECTION Page 49 of 86 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: f � �rr t C. Title: Company: �rci v4tear1 ,I Cc."5T raeeLuA 1_ c_ Date: .�113 SUBSCRIBED and sworn to before me the undersigned authority by 12 the6aloof, Q.ol�l on behalf of said bidder. f Ki4Sk Q1LQ Notakpublic in and for the State of Texas '':;';. ELIZABETH LEMOINE 'r �'•^= Notary?uD11c.Siete of Texas My commission expires: 9 :,,,.rS'.,` My Commission Exolles September 24. 2019 Page 50 of 86 SECTION T Page 51 of 86 • AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. Theomlundersigned offers and agrees to one of the following: ITereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that Ido have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. c(.).,5vr,i "-t L Zf/ 3//1 Firm Name Date Authorized Signature Title �r.c �4,4 et .=) 1 2/6`f - zg`i - (6 Name (please print) Telephone Email STATE: TQlcS COUNTY: jer` '� SUBSCRIBED AND SWORN to before me by the above named Ex c C:+1dr) `r►QS� on this the 13 day ofr taa� , 20 ti l . ELIZABETH LEMOINE No ar r iblic Notory Public.State of Texas �J f My Commission ERoues ':;• (1;•" September 24„2019 RETU •--- _ _= _ •-.-a• e F THE BID PROPOSAL Page 52 of 86 Page 53 of 86 SB 252 CHAPTER 2252 CERTIFICATION 6.14_ 4 t r'`-� , the undersigned and representative of �Sec✓ 41 < <jj - a<1 L1-C- (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran,Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. krl c- 6, /<4 ri••7� Name of Company Representative(Print) Signature of Company Representative z/li /(' Date Page 54 of 86 Page 55 of 86 SCOPE OF WORK GENERAL CONSIDERATIONS The Contractor will perform the following street and drainage improvements on: IMPROVEMENTS TO 8°r"AVENUE(Between 32"Street to Dead End) 1. Remove landscapes,abandoned pilings,asphalt pavement, flexible base,driveways, sidewalks,drainage culverts within right-of-way and relocate overhead utilities as necessary for construction in accordance with the details shown on the plans or as directed by the Engineer. 2. Remove replace sanitary sewer manholes, install water line,hydrants,etc in accordance with the details shown on the plans or as directed by the Engineer. 3. Relocate roadside ditches in accordance with the details shown on the plans or as directed by the Engineer. 4. Place new subgrade, base,concrete pavement,drainage culverts,driveways and sidewalks in accordance with the details shown on the plans or as directed by the Engineer. 5. Return all R.O.W.elevations behind curb in areas of disturbance to preconstruction grades or to elevations shown on plans. Dress-up areas of disturbance to preconstruction or better condition as required by plans and specifications. It is the intent of these Contract Documents to provide for the complete removal (except as noted on the plans) of all existing pavements, driveways, sidewalks, drainage lines and structures and other structures which lay within the proposed right-of-way and to provide for the complete construction of the concrete roadway with roadway ditches, sidewalks and driveways. Concrete, Hot-mixed asphaltic concrete with flexible base,storm sewer line and structures and such incidental items as may be required by these Contract Documents,will be constructed in strict compliance with and will adhere to all requirements as specified in and by construction specifications as adopted by the City of Port Arthur and the Texas Department of Transportation (TxDOT-November 2014), by manufacturers specifications and by standard engineering practice. Water and Sewer will be constructed in strict compliance with and adhere to all requirements as specified in and by construction specifications as adopted by the City of Port Arthur and TCEQ.Successful completion of the project will be judged on the basis of technological correctness of construction,aesthetics or finish and vehicular ride performance. Page g'&of 86 SPECIAL CONSIDERATIONS The work required by these Contract Documents will occur within the boundaries of a residential and charter school area. It is the intent of the City of Port Arthur that unfavorable impact by the Contract work,on said S and residences shall be minimized. The Contractor shall notify in writing,at least forty-eight(48)hours prior to beginning work,all businesses and residences which are expected to be affected by said work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in - the plans and Contract Documents. Traffic flow through and around the construction area(s) shall be in accordance with the approved traffic control plan and shall be maintained with as little disruption as possible. Barricades,lights,signs and other traffic control devices shall, on a timely basis, be installed and maintained in accordance with the Texas MUTCD and provisions of these Contract Documents as approved by the Engineer. The Contractor shall work closely with the various utility owners and assure prompt access to their equipment for service or adjustment. The Contractor shall be solely responsible for coordination the work with any utility owner which may be affected by the work. Additionally,forces of the City of Port Arthur,in order to secure the safety, welfare and convenience of the citizens of Port Arthur, must provide services on both emergency and normal,continuing basis. Provisions of these services may require City forces to work within or around the construction area prescribed by this project. While it is anticipated that the construction schedule impact induced by the work of City and utility crews will be minimal,the Contractor,by affixing proper signature to these Contract Documents,agrees to indemnify and hold harmless the City of Port Arthur from any and all claims of damage or delay,incurred or alleged to have incurred,in connection with the work of said crews. I. Asbestos Handling/Abatement—The Contractor is made aware that existing waterlines encountered maybe Transite pipe. The proposed project will require the removal of;or connecting to the existing piping. It is the Contractor's responsibility while performing all proposed work under this contract to be familiar and compliant with all applicable Texas Department of Health (TDH), Occupational Safety and Health Administration (OSHA),and Environmental Protection Agency(EPA)guidelines for asbestos abatement;including all special training requirements, medical monitoring,respiratory protection, and various personal hygiene practices. II. Contractor shall employ the services of a licensed abatement contractor to insure proper worker protection and documentation that the piping was handled and disposed of property. Page 5P7-3f 86 Page 58 of 86 SUPPLEMENTAL CONDITIONS OF THE AGREEMENT- PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled IMPROVEMENTS TO 8TH AVENUE (Behleen 32°" Street& Dead End), Job No. STI P11. 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 Concrete Roadway Replacement and associated Utilities. 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. City of Port Arthur Improvements to 8th Avenue Construction Drawings (Between 32nd to Dead End) D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph C. above, is included in items of BID for which unit prices are shown, and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. City 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. Q-I A Page 59 of 86 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 PROPOSAL 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. 1. 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 (I) set of direct prints marked with red ink 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 re-staking. K. CLOSINGOUT DOCUMENTS. Contractor shall submit to the City of Port Arthur, Public Works Engineering a Certification stating all completed construction work was constructed in accordance with the PLANS, a Certification of One Year Warranty for the project which will commence on the date City of Port Arthur Council will accept the project for maintenance, and an Affidavit of all bills paid for subcontractors, vendors and laborers, Q-2A Page 60 of 86 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 Q-1B Page 61 of 86 AWS American Welding Society PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute(Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer, stake out work, establish elevations, and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.1., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours Q-2B Page 62 of 86 after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. IF the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR,the ENGINEER, and the OWNER. F. VARIATIONS DUE TO 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 Q-3B Page 63 of 86 exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes,after prior consultation with Engineer,at no cost to Owner. If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules,and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Prestressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. 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. Q-411 Page 64 of 86 OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. I. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety (90) days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test,and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 8V2-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. h) A separate 8V2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15)days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15)days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. Q-5B Page 65 of 86 L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction, remain property of Owner. Remove and deliver materials to Owner at designated points. Pay. at prevailing market price,for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, 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-6B Page 66 of 86 Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 56 of GENERAL CONDITIONS OF AGREEMENT. the following applies: "Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service,as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed,notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. Q-7B Page 67 of 86 Page 68 of 86 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.Do not dispose of debris on private property unless approved in writing by the Engineer. 8. 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 9. 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 the businesses and residents along the project. 10. Contractor shall limit his work zone for pavement demolition and concrete placement to three(3) blocks.Concrete placement for new pavement must be complete within one(I)block of the existing roadway/pavement before demolition in the next three(3)blocks can be initiated. Page 69 of 86 11. 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. 12. The Contractor's construction schedule shall be based upon the Contract Time. The Contract Time has an inclusion of Fourteen (14)days of inclement weather as defined in Article 54.b, c& d of the Genera! Conditions. No request for an extension of Contract time will be considered until the actual number of inclement weather days exceeds the number of days set out herein. 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. The Engineer will sample all concrete and make and test all beams and cylinders in accordance with the test methods provided for under the appropriate standard specifications for the various items. 22. 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 any others which may exist.No delay claim is allowed because of utility conflicts. 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 Page 70 of 86 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 One Call,toll-free 1-800-245-4545 UTILITY TELEPHONE NO. CONTACT PERSON AT&T 0:409.839.7851 Eddie Cook Telephone Company M:409.924.1495 0:409.893.1666 Cliff Palermo M:409.291.9489 Texas Gas Service 0:409.963.0263 Patrick Sam M:409.460.9236 City of Port Arthur 0:409.983.8557 Darrell Harmon Water Distribution M:409.548.5585 City of Port Arthur 0: 409.983.8551 Clint Tanner Sewer Conveyances M:409.719.6691 City of Port Arthur 0:409.983.8524 Curtis Newman Drainage Superintendent M:409.365.7184 This action does not relieve the Contractor of the responsibilities under the terms of the contract or the plans and specifications Damage caused by the Contractor's operations shall be repaired and restored to service in a timely manner at no expense to the City. 23. Notify the Engineer at least 48 hours before constructing junction boxes at intersections of storm drains and utilities. 24. 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. 25. 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. 26. If working near power lines,comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved. 27. Perform electrical work in conformance with the National Electrical Code(NEC)and City standard sheets. 28. 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 Page 71 of 86 contractor at no additional cost to the city and shall be considered as incidental to the various bid items in this project. 29. 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. 30. 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"Storm Water Pollution Prevention Plan". 31. Storm water grading permit is required for this project and shall be filed by the contractor at the contractor's expense. 32. Procure all the necessary city and/or state permits and licenses before the start of this project. 33. 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. 34. 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. 35. The contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. The contractor will provide all necessary labor, equipment, temporary conveyance materials and all other incidentals and cost associated with this task to prevent flooding of roadway pavements,roadside ditches and properties on areas were construction work has started and/or on areas within project limits that will affect public safety and property damage during a storm event. Storm water will be conveyed and discharged into existing and new storm sewer structures. This work will not be measured or paid for directly but will be subsidiary to pertinent items. On areas within scope of work where water is ponding and or flooding during a rain event and as directed by the engineer, the contractor shall provide drainage and maintain temporary drainage structures and facilities which are necessary to facilitate drainage. All incidental labor, equipment, temporary material and incidental cost will not be measured or paid for directly but will be subsidiary to pertinent items. 37. 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. ITEM 5: CONTROL OF WORK Any earthwork cross-sections,computer printouts,data files and any other information provided is for Page 72 of 86 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)983-8182. 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. Maintain the roadway slope stability. Temporary retaining structures or shoring may be required. Before installing any proposed temporary retaining structures or shoring, secure written approval. Submit design calculations, working drawings and a plan of operations including sequencing. Maintaining slope stability is subsidiary to the various bid items. 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. Page 73 of 86 BID ITEM NOTES ITEM 100: PREPARING OF RIGHT-OF-WAY • The Demolition plan indicates the items known to be removed which includes trees, shrubs, and other items not covered under separate bid items. ITEM 104: REMOVING CONCRETE • All concrete(sidewalks,driveways,slabs,pavement,etc.)will be saw cut to full depth at connection points to existing pavements. Saw cutting of all concrete(sidewalks,driveways,slabs,pavements, etc)and as directed by the engineer for removing concrete will not be measured or paid for directly but will be subsidiary to pertinent items. • Concrete culverts to be removed as indicated on Demolition plan. ITEM 105: REMOVING BASE AND ASPHLAT PAVEMENT • All base and asphalt will be removed to full depth. Depth of asphalt varies from 1.25" to 1.70", base depth varies from 2"to 4.5". ITEM 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 effect the total quantity more than 5%. • If manipulating the excavated material requires moving the same material more than once to accomplish the desired results,the excavation is measured and paid for only once regardless of the number of manipulations required. • Excess excavation may be used to fill the existing ditch area. 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 density control compaction. ITEM 162: SEEDING FOR EROSION CONTROL • The surface area of the new ditch is to receive hydroseeding to promote rapid growth of grass for erosion control. Page 74 of 86 • Hydroseeding should be carried out as soon as practicable on the new slopes, if possible, hydroseeding could be started within 14 days of final grading of the slope. Seeding shall be carried out by means of a proper hydroseeder where the approved slurry of seeds, mulch, fertilizers, binders,and organic matter are sprayed onto the prepared soil surface. Method Statement • The Contractor will furnish the Engineer the following information at least 10 days prior to seeding the area: Seed Mixture,application rate,seed combination and properties Fertilizers and soil amenders,types,mix proportions and Application rate Mulch fibers(if used),type and application rate Binder,type and mix proportions Mixing procedure Spray equipment • Preparation of Soil Surface The surface is to be at final line and grade. Shaping the surface is required so that mowing will be without problems after the grass has covered the area. Vertical grooves shall be absent from the final slope. • Maintenance During Liability Period The Contractor is to ensure the full establishment of ground cover by taking necessary maintenance procedures such as regular watering fertilizing,and reseeding of failed area. • Site Condition It is Contractor's responsibility to visit the site to determine the existing conditions. All products shall be delivered to the site in manufacturer's unopened standard containers bearing original labels showing quantity,analysis,and name of manufacturer.All materials stored on site shall be protected from the weather or other conditions that might decrease the effectiveness of the product. ITEM 247: FLEXIBLE BASE • Flexible base Type "A" GR 1, Ordinary Compaction and complete in place shall be used on the project unless otherwise approved by the engineer. • Flexible base materials shall be placed and compacted in a minimum of two lifts with a maximum loose material thickness of 8 inches.Compaction test will be taken at each lift as required by the Engineer. Minimum density shall be not less than 95%of maximum dry density as determined by test method TEX-1 14e&TEX-1 15-e. • Subgrade shall be rolled and compacted to not less than 95% of maximum dry density as determined by test method TEX-1 14e & TEX-1 15-e. This work shall not be measured or paid for directly but will be subsidiary to pertinent items. ITEM 260: LIME TREATMENT • Work shall conform to TXDOT Item 260.The width of the 8"deep lime stabilized subgrade is to be 26'.For bid purposed the tons of dry lime is based on 8%by weight.Density testing to be every 200 feet with compaction being a minimum of 95%standard proctor. (ASTM D-698) ITEM 340: DENSE GRADED HOT-MIX ASPHALT • The transition surface areas to be overlaid shall be bladed,cleaned and broomed where necessary and tack coated as directed by the engineer.There will be no direct payment for this work,but shall Page 75 of 86 be considered subsidiary to item 340. • Item SS 3267 mix for small quantities may be used. Allow for Type C or D for 2"thickness and PG 64 or lower(Performance-graded)binder. The prime or tack coat to be 0.15 to 2.0 gal/sy and the cost is considered to be part of the unit price for the asphalt. ITEM 360: CONCRETE PAVEMENT • Class P concrete shall be used for all concrete roadway pavements. • 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. • Surface Texturing shall be as specified under Item 360,section 4.8.3 of the Standard specification for Construction and Maintenance of Highways, Streets, and Bridges. November 2014 Edition, unless otherwise ordered 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 or polyurethane sealant shall be used on this project per TXDOT DMS-6310. • 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 Page 76 of 86 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 shall be placed on opposite ends of successive dowels. • 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 479:ADJUSTING MANHOLES AND INLETS • Inlet and manhole"frame and cover"shall be gray cast iron of part no. as shown in the plans.The dimensions and descriptions are shown on the plans.Dimensions may vary to the extent determined by the engineer. • Excavation will not be paid for directly but shall be considered subsidiary to this bid item. • Cement stabilized backfill shall be required around all inlets. The stabilized backfill shall not be paid for directly but shall be considered subsidiary to the various bid items. • If building manholes or inlets in graded areas, first construct them to an elevation at least 4 in. above the top of the highest entering pipe and cover with a wooden cover. Complete the construction of such manholes or inlets to the finished elevation when completing the grading work for such manholes or inlets. Adjust the final elevation, if required, since this elevation is approximate. • Construct manholes and inlets in paved areas to an elevation so their temporary wooden covers are flush with the surface of the base material. • Do not leave excavations or trenches open overnight. • Salvage existing curb inlet frame and cover. Clean and reuse them in the elevation height Page 77 of 86 adjustment as shown in the drawings. Salvaging, cleaning and installing and all incidental work needed to complete the inlet top construction shall be subsidiary to this item. 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. • 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: 1 V 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. Page 78 of 86 • 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. • 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 Exit shall be paid for under Item 506. • The Contractor shall prepare proposed revised traffic Detour Plan for the construction of Improvements to 8h Avenue project. This shall be coincidental with the construction progress of work phases.Any addition barricades,warning and detour signs,including the necessary temporary and portable traffic control devices to detour and control traffic during the construction of the Improvements to 8th Avenue Project will not be measured or paid for separately, but will be considered subsidiary to this pay item. • Additional Barricades, warning and detour signs, including the necessary temporary and portable traffic control devices to detour and control traffic along 8`J' Ave and adjacent intersecting roads during the construction of City Utilities as required by the Engineer within limits and scope of project work will not be measured or paid for separately, but will be considered subsidiary to this pay item. Water and Sanitary Sewer installations will be paid under its respective Items. Temporary Asphalt Pavement restoration and Temporary Pavement Markings will be paid under its respective Items. Page 79 of 86 ITEM 506: TEMPORARY EROSION,SEDIMENTATION AND ENVIRONMENTAL CONTROL • The Texas Commission on Environmental Quality (TCEQ) requires a Storm Water Pollution Prevention Pan(SWPPP)for all projects that disturb more than 1 acre of land.This project involves (1300x50)/43560= 1.5 acres.This Small Construction Site will not require a NOI(notice of intent) to be filed with the TCEQ but will require a SWPPP. The Contractor will furnish the SWPPP and Small Construction Site Notice to the City of Port Arthur. • 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 of hydroseeding work as soon as possible after completing earthwork operations,restore and hydroseed the disturbed areas in accordance with the City's specifications for permanent or temporary erosion control. ITEM 530: INTERSECTIONS,DRIVEWAYS,AND TURNOUTS • Saw cutting of concrete and asphalt pavement at break back line as shown in the drawings for Intersections, Driveways and Turnouts shall not be paid for separately, but shall be subsidiary to this unit bid item. Any additional modifications and incidental saw cutting of concrete and asphalt pavement beyond Right of Way lines inside private property as permitted by the owner, not shown in the drawings, as determined and ordered by the Engineer to meet standard grade requirements and at intersections and turnouts required to meet existing site conditions, construction grade standards not shown in the drawings and as directed by the engineer will not be measured or paid for directly but will be subsidiary to pertinent items. • Removal of Asphalt and gravel surfaces at Intersections, Driveways and turnouts will not be measured or paid for directly but will be subsidiary to pertinent items. End of General Notes Page 80 of 86 GOVERNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation (TXDOT) 2004 Standard Specifications for Construction and Maintenance 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 2004 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 100 Preparing of Right-of-Way Item 104 Removing Concrete Item 105 Removing Base&Asphalt Pavement Item 110 Excavation(132) Item 132 Embankment Item 164 Seeding for Erosion Control Item 260 Lime Treatment 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 464 Reinforced Concrete Pipe Item 479 Adjusting Manholes and Inlets(420)(421)(427)(440)(442)(471) Item 500 Mobilization Item 502 Barricades, Signs,&Traffic Handle Item 506 Temporary Erosion, Sedimentation,and Environmental Controls Item 529 Concrete Curb&Gutter(360)(420)(421)(440) Item 530 Driveways and Turnouts(247)(276)(360)(421)(440) Item 550 Chain Link Fence City of Port Arthur Water Utilities Department Standard Specification: Item 600 Specification for Underground Construction of Water and Sewer Pipes Item 708 Specification for Fiberglass Manholes(601) Item 712 Specifications for Trench Safety System Item 801 Specifications of Ductile lion Pipe and Fittings Page 81 of 86 Item 805 Specifications for Valve Boxes and Risers Item 808 Specifications for Fire Hydrants [tem 809 Specifications for Testing and Sterilization of Completed Lines Item 810 Specifications for Polyvinyl Chloride(PVC) Pressure Water Pipe Item 811 Specifications for Resilent Wedge Gate Valves Sizes 4"thru 66" Item 817 Specifications of Cement Stabilized Sand Item 02317 Specifications of Excavation and Backfill for Utilites End of Governing Construction Specification Page 82 of 86 Page 83 of 86 SPECIAL PROVISIONS IMPORTANT NOTICE TO CONTRACTORS The Contractor's attention is directed to the fact that utility adjustments may be required for the construction of this project. The Contractor will be expected to coordinate work with all utility companies in order to maintain service at all times to the adjacent property owners. Additional time will be granted for delays caused by utility adjustments, if in the opinion of the Engineer, such delays warrant additional time. It is specifically understood, however, that if the Contractor is delayed by virtue of these utility adjustments, that this delay will not be considered as a basis for a claim by the Contractor. The following utility companies are involved in the construction of this project and a telephone number and current contact person are listed: UTILITY TELEPHONE NO. CONTACT PERSON AT&T 0:409.839.7851 Eddie Cook Telephone Company M:409.924.1495 0:409.893.1666 Cliff Palermo M:409.291.9489 Texas Gas Service 0:409.963.0263 Patrick Sam M:409.460.9236 City of Port Arthur 0:409.983.8557 Bryan Smith Water Distribution M:409.718.2442 City of Port Arthur 0:409.983.8551 Jerome Hudson Sewer Conveyances M:409.543.3839 City of Port Arthur O:409.983.8524 Curtis Newman Drainage Superintendent M:409.365.7184 Entergy 0:409.982.5830 Pauline Oliver M: 409.679.6154 Spectrum 0:409.720.5565 Adam LaRive M: 409.284.3765 The utilities listed above will be adjusted by the Owner of the utility and will not be the responsibility of the Contractor with the exception of sewer and water line adjustments. The Contractor shall perform all work necessary to adjust the sewer and water lines as detailed in the plans. SP-1 Page 84 of 86 SPECIAL PROVISIONS DETOURS,BARRICADES,WARNING SIGNS,SEQUENCE OF WORK, ETC. • The Contractor's particular attention is directed to the requirements of Article 5 "The Contractors Responsibilities" of the "General Conditions". In addition to these requirements, the following provisions shall govern on this Contract. • Prior to beginning any work on this project,it will be necessary for the Contractor to participate in the pre-construction safety meeting with the Engineer in charge of the project,and other agencies. The Engineer in charge of the project will notify the Contractor when this meeting will be held. This meeting shall be prior to the beginning of working time changes. • Before beginning work on this project, the contractor shall submit in writing, for approval by the Engineer,a plan of operation outlining in detail a sequence of work to be followed. • The Traffic Control Plan shall be governed by TxDOT Traffic Control Plan,Barricades and Traffic Control Standards;BC(1-12)-14 and Work Zones Traffic Control Details as shown on the plans. • Flaggers,portable barricades,pavement markings,and warning signs in addition to those shown in the plans may be required as directed by the Engineer in order to insure a safe and continuous flow of traffic. If the Contractor desires to deviate from the Traffic Control Plans, approval from the Engineer must be obtained. No additional compensation will be allowed the Contractor if there is a deviation from the Traffic Control Plan. • The Contractor's particular attention is called to the Traffic Control Plan and sequence of work detailed in the plans. Strict adherence to this plan will be required unless otherwise approved by the Engineer in writing. • It is the intent of the City of Port Arthur that unfavorable impact by the contract work,on businesses and residences,shall be minimized. The Contractor shall notify in writing,at least forty-eight(48) hour prior to beginning any phase of work,all businesses and residences which are expected to be affected by said phase of work. Ingress and egress to affected businesses and residences shall be maintained at all times by the Contractor as provided in the Plans and Contract documents. General: • The Contractor shall provide the traffic control devices so detailed in the Traffic Control Plan. It is the intent of the sequence of work that the Contractor be continually aware and responsive to the needs of the traveling public and that all operations be performed with the needs of the public and local residences in mind and to insure the safety of both the public and the project personnel. • Maintain existing storm water drainage facilities. During construction in all phases of work on site or as ordered by the engineer, the contractor will provide all necessary labor, equipment and conveyance materials to drain the storm water and discharge into existing and new storm sewer structures where storm water will flood properties and roadways. This will not be paid for separately,but will be considered subsidiary to various bid items. SP-2 Page 85 of 86 • Insure that safe access is provided to bus stops, bus shelters and to and from bus loading and unloading at all times. • Provide temporary driveway access crossing construction area at the end of each day. END OF SECTION SP-3 Page 86 of 86