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PR 21484: RESCIND CONTRACT WITH MAGUIRE IRON, INC. AND AWARD CONTRACT OF ELEVATED STORAGE TANK REHABILITATION TO A&M CONSTRUCTION & UTILITIES, INC. OF ROWLETT, TEXAS
// City ofJ ('n ) 40 ort rrltur'�_ Texas www.PortArth u rTx.gov INTEROFFICE MEMORANDUM Date: July 6, 2020 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Donald Stanton, Interim Director of Utilities RE: PR 21484—Rescind Contract with Maguire Iron, Inc. and Award Contract of Elevated Storage Tank Rehabilitation to A&M Construction& Utilities, Inc. of Rowlett, Texas Introduction: The intent of this Agenda Item is to seek the City Council's approval to terminate the contract with Maguire Iron, Inc. of Sioux Falls, South Dakota for the construction phase services of the elevated storage tank on West Port Arthur Road, and award the contract to A&M Construction & Utilities, Inc. of Rowlett, Texas, the next lowest bidder for the construction phase services of the elevated storage tank on West Port Arthur Road in a not to exceed amount of$635,800.00. Funding is available in 405-1621-532.85-00, Water System. Background: The elevated storage tank, located at West Port Arthur Road (Hwy 73/Spur 93)is in urgent need of rehabilitation. The tank is currently out of service and is in violation of TCEQ regulations and we have been cited for these violations. Council passed Resolution 19-267, which authorized Schaumberg & Polk of Beaumont, Texas to oversee the project as project engineer and recommend a bidder for award of the construction phase of the project. McGuire Iron of South Dakota was awarded the contract per Resolution 20-082, but is not able to fulfil the contract within the required time. McGuire Iron has not mobilized on the project as of July 6, 2020, the official start date of the project was May 18, 2020. Budget Impact: The construction phase of the elevated storage tank on West Port Arthur Road is not to exceed $635,800.00. Funding is available in 405-1621-532.85-00, Water System. Recommendation: It is recommended that City Council terminate the contract with Maguire Iron, Inc. of Sioux Falls, South Dakota for the construction phase services of the elevated storage tank on West Port Arthur Road, and award the contract to A&M Construction & Utilities, Inc. of Rowlett, Texas "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 * Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 City of = ort rthttr www.PortArthurTx.gov for the construction phase services of the elevated storage tank on West Port Arthur Road, not to exceed $635,800.00, as discussed and/or outline above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P. R. No. 21484 07/06/20 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION TERMINATING THE CONTRACT WITH MAGUIRE IRON,INC. OF SIOUX FALLS, SOUTH DAKOTA FOR THE CONSTRUCTION PHASE SERVICES OF THE WEST PORT ARTHUR ROAD (HWY 73/SPUR 93) ELEVATED STORAGE TANK, AND AWARDING THE CONTRACT TO A&M CONSTRUCTION & UTILITIES, INC. OF ROWLETT, TEXAS, WITH A PROJECTED BUDGETARY IMPACT OF $635,800.00 TO ACCOUNT NUMBER 405-1621-532.85- 00,WATER SYSTEM. WHEREAS, on March 17, 2020, the City council approved Resolution 20-082, which awarded the contract for the construction phase services of the Elevated Storage Tank on West Port Arthur Road to Maguire Iron, Inc. of Sioux Falls, South Dakota; and, WHEREAS, Maguire Iron, Inc. of Sioux Falls, South Dakota can no longer fulfill the terms of the contract; and, WHEREAS, the next lowest qualified bidder for the construction phase services of the Elevated Storage Tank on West Port Arthur Road was A&M Construction & Utilities, Inc. of Rowlett, Texas (Original Bid Tabulation attached as Exhibit A). NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the City Council hereby terminates the contract with Maguire Iron, Inc. of Sioux Falls, South Dakota for Construction Phase services of the West Port Arthur Road(Hwy 73/Spur 93) Elevated Storage Tank. THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur a contract between the City of Port Arthur and A&M Construction & Utilities, Inc. of Rowlett, Texas for Construction Phase services of the West Port P. R. No. 21484 07/06/20 bw Page 2 of 3 Arthur Road (Hwy 73/ Spur 93) Elevated Storage Tank, with a projected budgetary impact of $635,800.00; and, THAT, the City can terminate this contract at its convenience with 5 days" written notice; and. THAT, funding for this contract is provided for in the Utility Operations Capital Budget; and. THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of 2020 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers: NOES: Thurman "Bill"Bartie Mayor ATTEST: Sherri Bellard City Secretary P. R. No. 21484 07/06/20 bw Page 3 of 3 APPROVED AS TO FORM: alecia Tizen City Attorney APPROVED FOR ADMINISTRATION: Ron Burton City Manager Donnie Stanton Interim Utilities Director APPROVED AS TO THE AVAILABILITY OF FUNDS: Kandy Daniel Interim Director of Finance 4-t Clifto illiams, CPP Purchasing Manager EXHIBIT "A" (Bid Tabulation) CO CO t0 aD V all F. .6 W N > (p 0 m 3 o M N oD Z -a N W W 0 m G) C 0 V> C D co u) u) -n m > 0) ul co 7 -i .. m K a ^ S mxmn ° m = xi SmF3ay 000 "mx 00m71433 co . cmva m , =mO n. 4, ° 71 o G n _ o n .....» oa a m amyua^g _• '� a Q m m m OA m o n W n,3m1 , m m * c n c n w o . 70 3N N Na - a.a.< va � Da m a< m ° ma2 :12. , OOm N » NN am Pn 03 3 -0 O 3 -C cnm FXmmp< ,70.0 m2 mm =":"2! maym9 aco - co 5, o -.° AE.mo . 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' i m O �_ o 0 0 0 0, fD °1 0 0 0 3 v D Z 0 0 c o 0 0 o m O o E is > t" o o c aD m N EA \ O �' J o D 0 III O r O fd Qo 0 0 0 3 EA EA o �. £ _C w U 0 0 F m r7 _- O o o Cr,0O O .0 O O 00 K y ..0 0 0 4. m' — -43 -7 o 0 0 0 o U 3 0• ' o co 0 o bc mo. 40 O o N o 61 to C O A m O b - • .64O O d CT. • 3 O V+ 69 O o O a' a y O 01 'O O O O j . - 3 7 CD CO 0 0 • 0 0 .I,' (p O 8 o -I E C o CO 3 c• .•o o d N -'. EXHIBIT "B" (Contract) SPECIFICATIONS AND CONTRACT DOCUMENTS HWY. 73/SPUR 93 EST Rehabilitation Cit}of - , j;) ort rtha�r`�^ 7�,�r. CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS ry:{ s.,1. i � ._ BID NO. P20-025 R�;' �. `+# January 2020 .. .-. .. N . JORDAN \_; ;` $7766 ;� �t ./C E N S�q•-e'I i�ilx l 2._ -- - 11- Z`)Lo Prepared by: SPI SCHAUMBURG POLK, CONSULTING ENGINEERS5 8865 College Street Beaumont, Texas 77707 (409) 866-0341 Firm Registration Number: F-000520 TABLE OF CONTENTS RETURN WITH BID A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID PROPOSAL YES E. GENERAL CONDITIONS F. SPECIFICATIONS G. SCOPE OF WORK H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. BID BOND YES J. PAYMENT BOND K. CERTIFICATE OF INSURANCE L. PERFORMANCE BOND M. NON-COLLUSION AFFIDAVIT YES N. HOUSE BILL 89 VERIFICATION YES O. SB 252 YES P. QUALIFICATION STATEMENT YES Q. CERTIFICATE OF INETERSTED PARTIES YES R. CONFLICT OF INTEREST YES DRAWINGS �SE�a"IONA .'.&�.. . e. Fair � . ... ��x A�b V CONSTRUCTION CONTRACT AGREEMENT. x CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of , A.D. 2020 , 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 A&M Construction&Utilities,Inc a corporation, herein acting by and through , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments. terms, conditions and agreements set forth herein. OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the HWY. 73/Spur 93 EST Rehabilitation 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within 150 consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays. Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of$635,800.00 or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) CONSTRUCTION CONTRACT AGREEMENT (B) ADVERTISEMENT FOR BIDS (C) INFORMATION TO BIDDERS (D) BID PROPOSAL (E) GENERAL CONDITIONS (F) SPECIFICATIONS (G) SCOPE OF WORK (H) SUPPLEMENTAL GENERAL CONDITIONS Part A Part B (I) BID BOND (J) PAYMENT BOND (K) CERTIFICATE OF INSURANCE (L) PERFROMANCE BOND (M) NON-COLLUSION AFFADVIT (N) HOUSE BILL 89 VERIFICATION (0) SB 252 (P) QUALIFICATION STATEMENT (Q) CERTIFICATE OF INTERESTED PATIES (R) CONFLICT OF INTEREST A-I Addenda: No. 1, dated February 28, 2020 No. , dated . 20 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: CITY OF PORT ARTHUR BY: Ronald Burton City Manager ATTEST: Sherri Bellard,City Secretary CONTRACTOR: A&M CONSTRUCTION & UTILITIES, INC BY: NAME: ADDRESS: [CORPORATE SEAL] ATTEST: NAME: A-2 .. • SECTION-13 - . . -• ADV .• -T.• ; • koitisgmENirg';:run, 11100, 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, March 4, 2020 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 4, 2020 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: HWY. 73/SPUR 93 EST Rehabilitation BID NUMBER P20-025 Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, FEBRUARY 20, 2020 AT 10:00 A.M. AT CITY HALL 5TH FLOOR COUNCIL CHAMBERS, 444 4TH STREET, PORT ARTHUR, TEXAS The Contract Documents, Specifications, and Plans may be examined at the following locations: A Complete set of the bidding documents are on file at www.civcastusa.com. There is no cost to view the plans, and printing can be done through the website. Sets of hard copies of bidding Documents will not be sold. Complete sets of bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. All questions concerning the project shall be routed thru the CivCast website. Plans can be viewed at Schaumburg & Polk, Inc., 8865 College Street, Beaumont, Texas 77707. Copies of the Specifications and other Contract Documents are also 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. Please make sure to reference to Bid Number: P20-025 Clifton Williams, CPPB Purchasing Manager FIRST PUBLICATION: FEBRUARY 13, 2020 SECOND PUBLICATION: FEBRUARY 18,2020 B-t INFORMATION TO BIDDERS The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items(if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID.The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown, together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number, and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent(5%) Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60)days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful Bidders will be returned;that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. c-1 The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER,within said period, of reasons which, in the sole discretion of the OWNER,justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within fifteen (15) calendar days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) 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. 4. NOTICE TO PROCEED Notice to Proceed shall be issued within fifteen(15)calendar days of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the fifteen(15)calendar day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits(No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount]aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur), City of Port C-2 Arthur and Contractor and all persons providing services shall comply with the worker's compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110. 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and Schaumburg and Polk, Inc., its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of $2,000,000 for contracts in excess of$100,000. 3. Comprehensive Automobile Liability(Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). C-3 CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s)OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10)days after execution of this Contract. The original Builder's Risk policy(if required)shall provide for fifteen(15)days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b)the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. 7. SALES TAX C-4 This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the City of Port Arthur and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for(1) non-consumable materials and equipment that are permanently incorporated into the project and(2)charges for skill, labor and consumable materials,tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.)are not eligible for exemption and are not to be included in the statement as "Non-Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER,furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. C-5 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information, or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from,the Plans, Specifications or other Contract Documents, or should a Bidder be in doubt as to their meaning, the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted,without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and City of Port Arthur holidays. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General C-6 Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Five percent (5%) of the amount of each periodic progress payment shall be retained, by OWNER, until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis, the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. PRE-BID CONFERENCE Prospective bidders shall be required to attend the Pre-Bid Conference outlined in page C-7 of the Information to Bidders. Bids received from firms or individuals not listed on the roll of attendees of the Pre-Bid Conference will be rejected and returned unopened to the bidder. A NON-MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on: Thursday, February 20, 2020 at, 10:00 am, at City of Port Arthur City Hall, 444 4th Street, 5th Floor Conference Room, Port Arthur, TX 77640. The purpose of the NON-MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. C-7 '. '‹z SECTION'D: •4•-.',i...,4:7,---$.----;;.-*.-„::-.,,,,-..--, e x i..x.i ,'�� ac:i, •,-,,--,,,,......,:-_,,4..;:-,,.' . s F y Vi � t' 8 Xt -,.. ., 7•,t ^vim c sem- S*. Ts r,7•:,,-;' ,-.4,-;„•r,;4'•k ,t,'” .'T ap Chis we�a irk , � w: $ v:?' «€ q te ' - e I:opas�►V BID PROPOSAL CITY OF PORT ARTHUR, TEXAS HWY73 / SPUR93 EST Rehabilitation BID No. P20-025 Item Quantity Unit Description Unit Price Total Price BASE BID ITEMS 1. 1 LS Mobilization costs, including payment bond, performance bond, insurance, & moving equipment to project, all in strict accordance with plans & specifications; NOT TO EXCEED 4% OF TOTAL PROJECT BID for, -tet, + DOLLARS uo CENTS $ 2-I, $ 74) cvit Lump Sum 2. 1 LS Tank Coating. Furnish all labor, materials, and equipment to coat all exterior ( Fluoropolymer Polyurethane System) and interior (High Build Zinc Epoxy System) surfaces including pressure washing, shrouding, surface preparation, disinfection, providing and installing "Confined Space Entry" placards all in strict accordance with the Contract Documents, Technical Specifications and Drawings for,I Dkyec_ - MARS tv_a CENTS $ J7D, CuU $ Jqa, burp Lump Sum 3. 1 LS Exposed Yard Piping Coating. Furnish all labor, materials, and equipment to coat the exposed yard piping per item 600, including pressure washing, and surface preparation, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, DOLLARS vw CENTS $ I q asv— $ ICI Dao Lump Sum 4. 3 EA Soluble Salt Test, Exterior. Furnish all labor, materials, and equipment to conduct soluble salt tests as directed by the Engineer all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, DOLLARS CENTS $ 2 $ 7.-t Per Each SPI,:_a _ SCHAUMBURG POLK,.a BID PROPOSAL • CITY OF PORT ARTHUR, TEXAS • HWY73 / SPUR93 EST Rehabilitation BID No. P20-025 • Item Quantity Unit Description Unit Price Total Price 5. 3 EA Soluble Salt Test, Interior. Furnish all labor, materials, and equipment to conduct soluble salt tests as directed by the Engineer all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, DOLLARS KL-0 CENTS $ 2 sa' $ 37) Per Each 6. 220 LF 16" Wide Access Ladders (tower, shell/roof, water compartment ). Furnish all labor, materials, and equipment to remove the existing 14" wide access ladders and install a new 16" wide access ladders including stand offs, 3"x3"x1/2" ladder supports for the water compartment ladder, removing and reinstalling all existing safety climb devices all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, r 0 DOLLARS h-P CENTS $ I 0 — $ - cDA 80-0.— Per Linear Foot 7. 1 LS Wet Riser Ladder. Furnish all labor, materials, and equipment to remove and dispose of the existing wet riser ladder, all in strict accordance with the Contract Documents,Technical Specifications and Drawings for, DOLLARS vi_o CENTS $ Z, trap — $2-,1—T. Lump Sum 8. 1 LS New 30" Dia. Roof Access Hatch. Furnish all labor, materials, and equipment to remove and replace the existing 30" dia. access hatch with a new 30" dia. access hatch and frame at the location shown on the plans, including patching the existing access hatch opening, all in strict accordance with the Contract Documents,Technical Specifications and Drawings for, 3 DOLLARS _ — h.p CENTS $ 3-C-61) $ -C--1-.7-6 Lump Sum SPI SCHAUMBURG POCK... BID PROPOSAL CITY OF PORT ARTHUR, TEXAS HWY73 I SPUR93 EST Rehabilitation BID No. P20-025 Item Quantity Unit Description Unit Price Total Price 9. 1 LS New Roof Vent Stack. Furnish all labor, materials, and equipment to remove and replace the existing 24" dia. roof vent stack including installing 16 mesh stainless-steel mesh and bands, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, �� u.,c_ DOLLARS 1449CENTS $ 2c z — $ 2 i - _ 10. 1 LS Access Ladder Gate. Furnish all labor, materials,and equipment to install a new ladder gate with a new aluminum ladder gate, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, DOLLARS �tw CENTS $ 3, acv' $3,0-7",-D Lump Sum 11. 1 LS Obstruction Light. Furnish all labor, materials, and equipment to remove and replace the existing obstruction light including support base,all new conduit and conductors and connection to the existing lighting panel, all in strict accordance with the Contract Doments,Technical Specifications and Drawings for, cl DOLLARS ,Z,� CENTS $ /D, ay.— $ /o l>J1.) — Lump Sum 12. 1 Allow Tank Floor Repairs. Furnish all labor, materials, and equipment to repair the tank floor in the manner agreed upon following blasting and inspection of the interior surface of the tank floor, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, Ten Thousand DOLLARS Zero CENTS Allowance $ 10,000.00 $ 10,000.00 13. 1 LS Site work. Furnish all labor, materials, and equipment to provide surface restoration, including fine grading, removing all blasting media and construction debris, and replacing the San Augustine sod, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, DOLLARS a lit-4s7 CENTS $ 35, cal.).- $ 3c*,c,--o-c Lump Sum D-3 SP1 SCHAUMBURG_ POLK, r BID PROPOSAL CITY OF PORT ARTHUR, TEXAS HWY73 / SPUR93 EST Rehabilitation BID No. P20-025 Item Quantity Unit Description Unit Price Total Price 14. 1 LS Anchor Bolt Boxes. Furnish all labor, materials, and equipment to grease the columns anchor bolt boxes, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, DOLLARS —vtn CENTS $ S, M-6- $c Lump Sum 15. 1 LS Pleasure Island Tank. Furnish all labor materials and equipment to remove and seal the air gap between the access tube and the roof on the Pleasure Island Pedestal, including replacing the access tube wall at the roof, installing a new 30" dia. access manway, removing and replacing the existing 12" roof vent with a new 24" dia roof vent, surface preparation and painting of all new steel, and disinfection, all in strict accordance with the Contract Documents, Technical Specific tions and Drawings for, 9 7.z . DOLLARS A-io CENTS $ Lc >— $iS, Lump Sum 16. 1 LS FM365 Tank. Furnish all labor materials and equipment to remove the existing 2" dia pipe nipple and patch the roof including coating patch, and disinfection, all in strict accordance with the Contract Documents,Technical Specifications and Drawings for, DOLLARS 1-1..0 CENTS $ —2, oaa— $ a b-iri Lump Sum 17. 1 LS Lead Testing. Furnish all labor materials and equipment to provide lead testing of the interior and exterior surfaces of the tank, all in strict accordance with the Contract Documents, Technical Specifications and Drawings faun . , Iv.".....c.v-e._. .....,..2- DOLLARS h-o CENTS $ 5 Di7D— $ S -- Lump Sum - SPI , SCHAUMBURG POLK,: BID PROPOSAL CITY OF PORT ARTHUR, TEXAS HWY73 / SPUR93 EST Rehabilitation BID No. P20-025 Item Quantity Unit Description Unit Price Total Price 18. 1 LS Lead Abatement. Furnish all labor materials and equipment to provide lead abatement of the waste material produced during the blasting process, including pre and post testing of the soil around the tank, providing protection of the ground inside and outside the shroud, air monitoring, and disposal of all hazardous material, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for DOLLARS -424 CENTS $ Ci0 - $ ` / 002 Lump Sum ADDITIVE BID ITEM 19. 1 LS Coax Cable Brackets. Furnish all labor, materials, and equipment to fabricate and weld new coax cable brackets on one of the tower legs as directed by the Owner. 0,. 4- -11 DOLLARS {20 CENTS $ Si $ 8 4rere) Lump Sum 20. 3 EA Tank Logo. Fumish all labor, materials, and equipment to paint logo(s) on the elevated tank, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, DOLLARS - _ 72p CENTS $ S 6�° $ I S fast Per Each D-S SPI SCHAUMBURG 2. POLK. BID PROPOSAL CITY OF PORT ARTHUR, TEXAS HWY73 / SPUR93 EST Rehabilitation BID No. P20-025 Item Quantity Unit Description Unit Price Total Price 21. 20 LF Tank Bowl Drain Lines. Furnish all labor, materials, and equipment to remove and replace the existing 4" bowl drain lines with new 6" SCH80 steel drain lines,all in strict accordance with the Contract Documents, Technical Specificatio=and Drawi/gs fri or, oI�'^ DI LA'S lU� CENTS $ 7-(1) $ Per Linear Foot 22. 1 LS Overflow Splash Pad. Furnish all labor, materials, and equipment to remove and replace the existing 3 x 3 splash pad and replace it with new concrete splash pad, all in strict accordance with the Contract DocumenATephnical Specifications and Drawings for, Uv SAt'1 LLARS AJ DOC NTS $ I $ Is f67,1 Lump Sum ALLOWANCE 23. 1 ALLOW Miscellaneous Work. Furnish all labor, materials, and equipment to perform all miscellaneous work as directed and approved by the Owner, all in strict accordance with the Contract Documents, Technical Specifications and Drawings for, Ten Thousand DOLLARS Zero CENTS $ 10,000.00 $ 10,000.00 Allowance n-6 SPS _ ' SCHAUMBURG `_•• POLK.:Lc.. BID OPENING In the space provided below,please enter your total bid amount for this project. Only this figure will be read at the public bid opening. It is understood and agreed by the bidder in signing the proposal that the total base bid amount entered below is not binding on either the bidder or the Owner. It is further agreed that the official total bid amount for this proposal will be determined by multiplying the unit prices for each unit price pay item by the respective estimated quantities shown in this proposal,and then totaling all of the extended amounts plus the amounts bid for all lump sum items. Project: HWY. 73/Spur93 EST Rehabilitation Bid No.P20-025 Owner: City of Port Arthur $ � $(.; tro Total Base Bid Amount(Item 1 — 18) Mr .41 Oka aidut4tes �. Name of Bidder G:\PTARTHURt3617 Spur93 EST RehabilitationlContract Docs`contract revised per city comments`Ab.BO ADD1.doc S II D - 8 SCE AUMBURG POLK, T �..y Std. _ • r } } NUMERICAL INDEX TO GENERAL CONDITIONS 1. Contract and Contract Documents 2. Definitions 3. Termination of Contract for Cause 4. Personnel 5. Reports and Information 6. Records and Audits 7. Findings Confidential 8. Copyright 9. Compliance with Laws 10. Interest of Members of City of Port Arthur 11. Interest of Other Local Public Officials 12. Interest of Contractor and Employees 13. Certificates and Permits 14. Guarantee of Work 15. Additional Instruction and Detail Drawings 16. Shop or Setting Drawings 17. Materials, Services and Facilities 18. CONTRACTOR'S Title to Materials 19. Inspection and Testing of Materials 20. "Or Equal" Clause 21. Patents 22. Surveys 23. CONTRACTOR'S Obligations 24. Insurance 25. Certification of Compliance with Air and Water Acts E-1 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 27. Suspension of Work 28. National Historic Preservation Act of 1966 29. Required Provisions Deemed Inserted 30. Safety and Health Regulations for Construction 31. Use and Occupancy Prior to Acceptance by Owner 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Lands and Rights-of-Way 35. Conflicting Conditions in Contract Documents 36. Notice and Service Thereof 37. Separate Contract 38. Subcontracting 39. Architect/Engineer's Authority 40. Meaning of Intent 41. Contract Security 42. Additional or Substitute Bond 43. Assignments 44. Mutual Responsibility of CONTRACTOR'S 45. Acceptance of Final Payment Constitutes Release 46. Payments by Contractor 47. Construction Schedule and Periodic Estimates 48. Payments to Contractor 49. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work E-2 53. Extras 54. Time for Completion and Liquidated Damages 55. Weather Conditions 56. Protection of Work and Property--Emergency 57. Inspection 58. Superintendent by Contractor 59. Federal Labor—Standards—Provisions 60. Underpayments of Wages or Salaries 61. Anticipated Costs of Fringe Benefits 6-2:—C`vertime Compensation Required by Contrast Work Hours and Safety Standards Act(76 Stat. 63. Employment of Apprentices/Trainees 64. Employment of Certain Persons Prohibited 65. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision 66. Fringe Benefits Not Expres.,ed as Hourly Wage Rates 67. Posting Wage Determination Decisions and Authorized Wage Deductions 68. Complaints, Proceedings or Testimony by Employees 69. Claims and Disputes P- - - . .. - 70. Questions Concerning Certain Federal Statutes and Regulations 71. Payrolls and Basic Payroll Records of Contractor and Subcontractors 72. Specific Coverage of Certain Types of Work by Employees 73. Ineligible Subcontractors 7/1. Provisions to be Included in Certain Subcontracts 3 -. - _ -__ _ -_- - .bor Standards Provisions 76. Employment Practices 77. Contract Termination: Debarment • _ _-_ _ - - oyees 79. Labor Title 29 CFR Part 3 L-3 80. Weekly Statement with Respect to Payment of Wages I L --- - - e -- - --- • _ -d' •- + . . . . ..: . ... •.• . I - '1- :It Records 82. Payroll Deductions--Peru ssible without Application to or Approval of the Secretary of Labor 8-3. Payroll Deductions Permissible with the Approv_ •- • - _ _ .__ 84. Applications for the Approval of-the Secretary of Labor 85. Section 3.8 Action by the Secretary of-T=abor upon Applications 86. Prohibit-* '- e .e- 8-7-- Methods `--- _87Methods of-Pent of Wages 88. Regulations Part of Contract 89. Equal Opportunity Provisions(E.O. 11246) 01. Civil Rights Act of 1964 92. Section 109 of the Housing and Community Development Act of t974 93. indemnification 94. Delays 95. Maintenance of Work 96. Antitrust 07. Federal Labor Standards Provisions 98. Delay, Disruption and/or Other Claims I -4 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on(at)the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur, Texas. e. "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY OF PORT ARTHUR. F-5 b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three(3)years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules,orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. E-6 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the E-7 Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule,and (b)a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof,the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power,transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. The Contractor shall submit a request in writing to the City at least 72 hours in advance of the days requested to work on. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional E-8 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. 20. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers'or vendors'names,trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable to the City Manager or his/her designee and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. c. If the CONTRACTOR uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the E-9 CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications,and shall do,carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved (See information to Bidders, paragraph 5.). 25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00.) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTORS and Subcontractors shall furnish to the OWNER the following: a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8)and Section 308 of the Federal Water Pollution Act, as amended(33 U.S.C. 1318)relating to inspection, monitoring,entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. A stipulation that, as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director,Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the CONTRACTOR that he will include, or cause to be included, the criteria E-I0 and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-base paint hazards under subpart B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting,the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNERS of public utility property of the intention to use explosives at least eight(8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found E-11 and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470)and Executive Order No. 11593 of May 31, 1971). 29. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract,the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer,the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s)permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 32. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTORS; E-12 c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 33. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 34. LAND AND RIGHTS-OF-WAY Prior to the start of construction,the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds(if any), Proposal,Special Conditions(including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 37. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTORS. E-13 Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 38. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor,which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is responsible for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. The CONTRACTOR shall not sublet the contract work to subcontractors more than 50% of the awarded project contract amount. 39. ARCHITECT/ENGINEER'S AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications,the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 40. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTORS, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 41. CONTRACT SECURITY If the Contract amount exceeds Twenty-five Thousand Dollars($25,000),a Payment Bond shall E-14 be furnished, and if the contract exceeds One Hundred Thousand Dollars($100,000.00)a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent(100%)than that prescribed by state,territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 42. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER, for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds)in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 43. ASSIGNMENTS The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 44. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR or Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 45. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 46. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay(a)for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b)for all materials, tools and other expendable equipment to the extent of ninety-five percent (95%) cost thereof, no later than the 20th day of the calendar month following that in which such materials,tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c)to each of his Subcontractors, no later than the 5th day following E-15 each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 47. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract,the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER,showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER (a)a detailed estimate giving a complete breakdown of the Contract price and(b)periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 48. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30)calendar days from the date of submission of application for payment to the City of Port Arthur,the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th)day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the City of Port Arthur Council's regular schedule of meeting. The CONTRACTOR may alter his estimate period such as to give the Engineer(ten)10 working days prior to the next scheduled City of Port Arthur Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, No materials on hand will be paid.The material delivered on the site and preparatory work done may be taken into consideration by the Engineer. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated E-16 have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may,after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials,whether incorporated in the work or not,all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: F-17 a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under(c)there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly,and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER,that the time for the completion of the work described herein is a reasonable time for the completion of same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract,to pay to the OWNER the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by E-18 the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven(7)hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. It is also agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven(7)calendar days will be added to the contract time(or 1.4 calendar days added for each one(1)regular day of work lost)Fractional calendar days will be rounded to the nearest whole number of days. Provided,further,that the CONTRACTOR shall, within ten(10)days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing,of the causes of delay,who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct,the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. The E-l9 Contract Time includes 20 calendar days for delay due to inclement weather. The CONTRACTOR will be required to submit a request for extension due to inclement weather, however, the Contract Time will only be revised if the 20 calendar days are exceeded. 56. PROTECTION OF WORK AND PROPERTY--EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act,without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. 57. INSPECTION The authorized representatives and agents of the OWNER/ENGINEER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59. FEDERAL LABOR STANDARDS PROVISIONS All laborers and mechanicte employed upon the work severed by this Contract shall be paid United States Department of Labor, pursuant to the Anti Kickback Act hereinafter identified)the full incorporated herein by reference), regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any Subcontractor and such laborers and mechanics. All contributions made or costs reasonably anticipated under Scetien 1-(4)-(-2)of the Davis Bacon Act on E-20 behalf of laborers or mechanics are considered--wages paid to such laborers or mechanics, subject -- _ _ • - _ - - _• -.- _ •. e - •, _:c of Federal-Regulations- /450T-for-the purpose-of-this-clause;-regular contributions-made--or_: •- _ -e e -e - -.- - weekly period under-Plans, _ e e :: . • , t. _ - 'ng the particular weekly period, are deemed to be constructively-made-or--incurred during-such-weekly period. 60. UNDERPAYMENTS-OF-WAGES-OR-SALARIES In rase of u-;derpayment-ef-wages by the CONTRACTOR orgy-any Subcontractor to-laborersor mechanics--employed by the CONTRACTOR o __e e- —_ : -tee -the--work covered by the __ - , - • • • n add .e _ __ _ -- : s as may-be-afforded it under this Contract, shall-withhold from-the CONTRACTOR, out of-a :_ . -•-- e-- -- - NTRACTOR--so--much thereof a -- e • ' -•_ _ _ -- - _ _ e e. such laborers or mechanics the full amount of-wages required-by-this-Contract. The amount-so-withheld may be disbursed by-the-OWNER-for and on account of the CONTRACTOR or the Subcontractor (as- may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans-funds-or programs for any type of fringe benefit prescribed in the applicable wage determination, 61. ANTICIPATED COSTS OF FRINGE BENEFITS If the CONTRACTOR does not make payments to a trustee or other third person, he may consider, as part of the wages of any-laborer or mechanic, the amount of any-costs reasonable anticipated in providing f -e- e--- - --e- _ .n--c program-o# a type expressly listed in the wage-detefmi . _ -- _ - - _ ___ •_ - e. ' e -is-Centract: Provided, however, the Secretary of Labor has found, upon the written request of the CONTRACTOR,that the applicable-standards of the Davis Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a se.arate account as.et for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the CONTRACTOR must-be-submitted to the OWNER with the first payroll filed -- _•• . • _ •• .. __ - _ - - _ _ e-find+ngs.- e . • _•,.,• • _ • e• ' e _ - e _•N-T-RACTWORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357 360: TITLE 40 U.S.C., SECTIONS 327 332 a. Overtime-Requirements: No CONT-RACTOR--or-S e :- - e e-trast+ng-#or-any_part-of the Contract work which may require or involve the employment of laborers or mechanics, _ _ • - --e __- , -.II require or permit any laborer or mechanic in any work week-in which he is employed-on-such-work to work in exce'c of forty-(-40-)-hours in such one and one half times his basic rate-of pay for all hours worked in excess—of—forty—(-4-0)hours in such work week. e. e - - .-- ' - - -- - -ge - -- -- '- -- : - -- - - ..c - 'ea e the clause sot forth in paragraph(a), the CONT-RAC-TOR-and-any Subcontractor-responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such CONTRACTOR and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall b- -*--e. -_ - - _ _ _ . 'ndividual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of Ten Dollars(51-0.00)for ach calendar day on which such employee was required or permitted-to-work--in excess-of-forty-{'l0)-hours without payment-of=-the-overtime wages requ+red-by--the-clause set fo-Fth ifr . a ' - - f.a.- .- -- -: e_• .:es: - e A • - • e e e .- - _ - ithhcld from any monies payable on account of work performed by the CONTRACTOR-or —e-e- ._ _ _ - _ - _ -c--. istrativcly be determined to be necea-sary to satisfy E-21 any liabiliti- e ..• _ • T-QR-or-Subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). d Subcontracts: The CONTRACTOR shall insert in-any-Subcontracts the clauses set forth in-paragraphe-(a), (b)and- - : -• - '2' _ _ . so a clause requiring-the-Subcontractors :o include these clauses in any lower tier Subcontracts-which--they-may enter into, together with--a-clause-requ+ri+ag--t#is•-insertion-in-any further Subcontracts that may in turn be made. -. e • e • " - .t GES Ai EES a. Apprentices: Apprentms s-will be permitted-to-work-at-les - _ •_ - .. - _ - • _ the-we-ri hey ed-when they - ---#e : .-e -•: _ _ ally registered in a bona-fide apprenticeship program registered with the-U,S—Department- of ' abs-Manpower Administration, Bureau-o-f---Apprenticeshie _ _ .••••e, _ _ - - -82 -Rt e.es-hip .8 _ ___ _ 2 •- !_ _u, or if a per-son is employed-in ", .r,s-first ninety (90) days of probationary-employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been-certified by the Bureau of Apprenticeship-and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary employment as an appre . -- - -_ • - _ 2 -2: -- journeymen-in-any-craft classification shall not be gr ater than the--ratio--permitted-to-the -!• " • _ ! _ - -- - - - - - - - e ee - • • -• _ _ - (-13)-of this subparagraph or is not registered--or-otherwise-employed as-stated above, shall be paid-the-wage-rate-determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to the e-ontracting-officero-r-a--representativ- e -- A _e -__ e'.' 'on-of he U,S—Department of Labo -- - - - - e • e -- -• --2 -- - _ - -- appropriate ratios and wage rates (expressed in--percentages of the journeyman hourly rates)for the area of-construction-prior-to using any apprentices on the Contract work. The journeyman's rate contained in the applicable wage determination. --- -- - - - - - - • _ • - . --- • - - -- --• - - • e - - than the predetermined rate for the work performed unless they are employed pursuant to and individu. _ - -: • _ _ _:rarxl-which-has received prior -__ - - , - - -e e 2 - _ - • __ •_ _ -- _._- ---- _-- :f Labor, Manpower Administration, Bureau of Apprentice and Training. The ratio of-trainees to journeymen shall not be greater than -- -_ _ -- e _ -2e _ .ed by the Bureau of Apprenticeship and Training.-raining --- - - - -. _ _ - a.- . - _ • •-e "- .- --- - - - -- . - 2 -• level • of progress. Any employee-listed-en--t-- _. - _ - - --- - ': - - . . _ participating in a training plan approved-by-the-Bureau of Apprenticeship and Training,-shall be paid not I- _ -- ._- _ - - -- - _ _ _ • _ e .ee _ -the cla'cification of work he actually performed. The CONTRACTOR or Subcontractor-will-be required to furnish4ne-contracting officer-or-a-representative of the Wage Hour Division--of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship-and-Training-withdraws-approval of a training program •- _e• , • _ e. _ :-ger be permitted to utilize trai -- . - _ -- _pplicablo predetermined rate for the work performed until an acceptable-program is provided. c. Equa • _ . --• e:::-.-.ty: The utilization of apprentices, trainees and journeymen under this pa _ - _ •-• - -- _... -• _ _ --- ____ .nity requirements of Executive Order No,--1-4-21 6, as-amended, a, `'— R— -art- Q- E-22 6'l. EMPLOYMENT OF CERT-��I_INPERSONS PROH8ITED Ne-person u+nde-Ft - -cif sixteen (16-}---years and-no-person who, at the time, is serving sentence in a penal or correctional-institution shall be employed on the-work-covered by this Contract. 65. EMP-LOYMENT-9l= LABORERS-O-R""EGHANICS NOT LISTED IN AFORESAID WAGE--O a e Unlisted classifications needed for work not included-within-the scope of the classifications listed tefminatie- •- - - t m. - -e e-e _ - - _ _ enly as providedinthe-labor standards contract clauses (29 GFR, 5.5 (a){-1-}-(4i)- 66. FRINGE-B€-NE-FITS NOT-EXPRESSED-AG un�oLp, -AGE RATES The OWNER-shall require, whenever the minirnu • • -_ _ - - - ract for a class of laborers or mechanics includes a fringe benefit which is not express-: - - __ - . - . - _e. - • - e e: -- - - -- - -- - '' e -- - - c--- cash -"cash equivalent thereof to be established. In the event the interested parties cannot agree upon a sash-equivalent of the-fringe benef the question, accompanied by the-recommendation-of-the e - _ - " , - e.: -- _- - . . - --- - - - - -- `- . ee --- , _ -e Secretary of Labor for determination. 67. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the-applicable wage determination decisions,with-respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a-statement showing-all-deductions, if any, in accordance with the provisions of this Contract, to be mad- _ - -- _ __ - - _ e - c• - - - - - - : - __ - . . - 0- , - :: - --- ee - conspicuous points at the site of the work. 68. COMPLAINTS, PROCEEDINGS-- - e• a e - No laborer or mechanic to whom the-wage, salary or other labor standards provisions-of this Contractare appli_.e - - _ _ - _ _ _ - . -- - _ -- _ -• _ __. - _ -- CONTRACTOR or any Subcontractor be cruse-su - --•: : -- - e - -e--plaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any-proceeding under or relating to the labor standards applicable under this Contract to his employer- 69. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES --Claims and disputes pertaining to wage rates-or-to-classifications of-land-mechanics employed upon the work covered by this Contract shaft be promptly reported by the CONTRACTOR in-writing to the OWNER '�; l by the latter through-tbe Secretary of Housing and Urban Development-to-e S ocetn^y$f-Labor, United States Departrnentof-l=abor,whose decision shall be final with respect thereto. 78- QUE-STl9NS-CONCERNING-CERTAI^, ,-ED€RAL STATUTES AND-R GUL 0NS • - _ 0 _ _ __ __ • _ - - _ _ _ __ ___ . .e- _ •_terpretationof(a)the aforesaid Anti Kickback Act, (b) the Contract-Work I-leurs and Safety-Standards Act --(c)-the aforesaid Davis Bacon Act, 4d) the regulations issued by the Secretary of Labor, United States IL-23 •:_ •••• _ ___ , __ __nt to said Acts, or (e) the labor standards provision of-any other pertinent-federal statute, shall be referred, through-the-OWN- -R and the Secretary of Housing and Urban Dc - ::••- _ -- _ecretary of-Labor, United States Depantr ent-of-Labor--for--said Secretary's appropriate-ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. -t-- • • •� • • S • _ ■ • Pe ! e•�._ a tee► ! • - •! • I rt7R --The-CONTRACTOR and ea-oh-Subcontractor-shallpreparehis payrolls on for _ _ e and in accordance with instructions to be furnished by the OW-NE-R The--CONTRACTOR shall submit weekly to the OWNER one certified copy of all payr: _ -- -•• ' • - ! _-_ _ -- Subcontractors, it being-understood that the CONTRACTOR shall be - __ . - brni�cion of-copies-of-payrolls-of-afl-Subcontractors. Each-such-payroll-s _ -_ _.- .. " •. - _ - •..- t of Compliance" set forth in Section 3.3 of Title 29, Cod- : _ '-e— _ . -- e. • :Ils-and basic payroll-records-of-the CONTRAST-OR--and-each Subcontractor covering all laborers and mecha •• _ _ _ .__ -- • _ _ _ _ • _:retract shall be-maintainedduring-the-courso of the work and preserved for a period of three(3)y ars ther after. Such payrolls and basic payroll records shall contain-the name a e __ - _ -_ - -•-e oyee, his correct-classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b)(2)of the Davis Bacon Act), daily and weekly number of hours worked, deductions made and actual wages __.e. - _e_•• _ , - -c Secretary of Labor has fe e, --e- _ - .5(,a)(1)(iv)-of Title any costs reasonably anticipated in providing benefits-under-a-plan-or-program--described in Section 1(b) (2) (B) of the Davis Bacon Act, the CONTRACTOR of Subcontractorshall maintain-records which show that the commitment to provide such benefits is enforc able, that the plan or program is laborers--or--rnechanics-af - -e, - _ • - ' - - - _ _ _ -- _ _ ticipated-or-the actual cost incurred in providing such benefits. The CONTRACTOR and each Sub contractor shall make his employment records, with respect to persons employed by him upon the work covered by this Contract, available-for inspection-by-authorized representatives of the Secretary of Housing-and Urban Development, the OWNER and the Unit-: - - - `--- ---- - -e: . -- - _ - -- - _ _ _ •- _ _ - - . -- _ _ .nes of the CONTRACTOR or of any Subcontractors-during-working--hours on the job. 72. SPECIFIC COVERAGE OF CERTAIN TY* _ • e' - : • - The transporting of materials-and--supplies to or from the site of the project or program to which the Contract pertains by the employees of the CON-TRACTOR or of any Subcontractor and the manufacturing or furnishing of materials,articies, supplies-or-equipment-on the site of-the project-or program to which this Contract pertains by persons e •: : .-: : -- _•• ' • _ •' er by any Subcontractor, shall, for the purposes of this Contract, and-wit-:- - -- - -- - - e foregoing provisions of this Co- _ , -_ e- ---•--- to-be work to which-these Federal Labor 73. INELIGIBLE SUBCONTRACTORS - -11A ' • _ •• _ _ __ _ -- --- - -- - he work covered by this Contract or - • -_ _ _ _ _ _ - _ -- __ _ _ _ 'e. -- • A. • -'_ _ 401 written approval of-the Subcontractor—The OWNER-will not appro e-a;y-Subcontractor-for work-covered by this -_ _ • . the time ineligible under the provisions of any applicable regulations issued by theSecretary-of Labor, United States D-------- - --- - - -- - - _ _ -__ g and Urban Develo: -- _ _ - .ward-: __ - -_ _• .ct. 74. PROVISIONS TO BE INCLUDED IN CERTAIN `=UBGONTRACTS 1.-24 The CONTRACTOR shall include or cause-te-be-molt ded4n--each--subcontract covering-any-s# the work covered by this Contract, provisions which are consistent with these-Federal-Labor Standards R so a clause requiring-the-Subcontractors to include such provisions in a• : - - - - • - h-they-- - _ _• - e, et- -- - - - -- - equiring such --.e - . _- et-Subcontracts that may-in turn-be-made: 7-5. BREACH OF FOREGOING-F€-0€ -Al LABOR-STANDAR IS--PRO ISIONS In addition to the causes for termination of this Con rae-t•-ass--herein--e',sewhere set forth -the OWNER-reserves-the-right-to-terminate-this-Contrac -- _•• • • - •- : _ - _bcontraetec- whose Subcontract covers any of the work cover tract;shat : -_ _ _ -• - Federal-Labor-Standards Provisions. A br ash-of those Federal Labor Standards Provisions may e e- e e- _ _ e-_ _ _ _ _ _ _ _ • __ ___ -e _ ___ _tions issued-by-the Secretary of Labor, United States-Depaartment-of-Labor: 76, EMPLOYM€NT_-P-RACTIGE-S • e k - • _ eR-{-1}shall-te-the gr atest extent practicable. follow hiring and employment practices for work on the proj-_ - . : * ..e- •-w job opportuni-ties for-the--unemployed-and _- - •. . _ - _ __ e to be inserted the same provision in ach construction Subcontract. 77. CONTRACT TERMINATION: DEBARMENT A breach of Sectio •_ _ _ -- _ _ -abor Standards-Provisions may be grounds for termination of the Contract and for debarment as provided in 29 CFR 5.6. 78. KICKBACKS FROM-PL iB i1 WORKS-EMPLOYEES a. Whoever, by force, intimidation or at of procuring dismissal from employment or by any other-manner-whatsoever, induces-any person employed in the construction, prosecution completion or repair of any publi- :_ _ - , 5.5 _ • _ _ 2.. - - _ • _ - _ whole or in--past--by-loans-or grants from the United States to give up an-y-part of-the compensation to--which-he-4s-entitleel-under-this Contract of employF shalt-be--fined not more than $5,000 or imprisoned not more than five (5) years, or both. b. TherSecretary--of Labor shall-make--reasona-blc regulations for CONTRACTORS-and Subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from-the United States, including-a-provision that ea-- __ - _ _ _ -_e_entractor shall furnish-we- . _ - •--t with respect to the wages paid each employee during the preceding week. Section 4001 of Title 18 (United States Code) shall apply to such statements: •_ _- _ -- _ _ - _ _ • - . e. • -47-the Secretary of Labor, United States Department of Labor, has promulgated the regulations- hereinafter set forth, which -5. - _• _ - __ _ - - - •, ___ . le A, Code of Federal Regulations, Part 3. The term "this part", as used in the regulations hereinafter set forth, refers to Part 3 last above ••_- _--:. _ _ -5. _ _• el-low in Section 79. 79. LABOR TITLE 29 CFR PART 3 This part prescribes "Anti-Kickback" regulations-under-Section 2 of e--1-3 1934,as amended(40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any Contract which is subject to federal wage standards and which is for the construction, prosecution, part by loans or grants from the United States. This part is intended to aid in the enforcement of the - - • - • - - - - -- • - --- -• • - • - - ' . ' . •- -e -- -- - - ` - _. ..- - - • - - --• -- A - -e. - --e- e A - - - _.. .. .e to construction work. This part details the obligation of CONTRACTOR'S and Subcontractors sets forth the circumstances and procedures governing the making of payroll deductions from the - - - - - - --• - - •e - - -- - -- --- •• : e--en such work. Section 3.2 definitions as used in this part: a. The terms"building"or"work"generally include construction activity as distinguished from include without limitation, buildings, structures and improvements of all types, such as powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,jetties, breakwaters, levees and canals; dredging, shoring, scaffolding, in this part. b. The terms "construction", "prosecution", "completion" or "repair" mean all types of work 64 9.60- _- _ , _ . -- - _ . .- . _ . . - -ing of materials, articles, supplies or CONTRACTOR or Subcontractor. c. The terms "public building" er "public work" include building or work for whose construction, prosecution, completion or repair, as defined above, a federal agency is a contracting party, regardless of whether title thereof is in a federal agency. d. The term "building or work financed in whole or in part by loans or grants from the United provided by loans or grants by a federal agency. The term does not include building or work -. the construction, prosecution, completion or repair of any public buildings, or public works or "employed"and receiving"wages", regardless of any contractual relationship alleged to exist between him and the real employer. E-26 •-• - •• ". - •". e- sn'-Lincludes a spouse,-childrparent or-other close relative of tbe--GONT-RA-GT * -* e• e ; e e•'-- -- -114 -R-A-GT-QR or Subcontractor;a corporationclosely-connected-with-the-CONTRA-GTOR or Subcontractor-a-s parent, subsidiary or otherwi • e •-- e -c-• e --• ce g. The term "federal . -• " - •- - .te-s, the District of Columbia, and all cxec-utive--d- -- , - .:1-ishments, administrative agencies and instrumentall * •- - -d-State-s-a -of-the District of Columbia,-including-corporationsi all or substantially-all of th- * • - e--- y-ow -- -• - - - , : . - Distri. . - :f the foregoing departments, establishments, agencies-and instrumentalities, 80. WEEKLY STATE--M-E-N-T W4-1-14 RE-SP-EG-T TO PAYMENT OF WAGES a. As used in this section, the term "employ--" e .e: * .4-r-sons in classifications higher-than-that-of laborer or m- ---• _•2 -e - - •••••-e•- - pervisors of such employees. b. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution, combletienor-repair-ef-any-public--buildings, or-publi-c-works,-or buildings or works financed in whole or in part by loans or grants from the United States, shall furnish ach week a statement with respect to the wages paid each of its employees engaged on work covered by 2-9--C-F-R-RaFts-3-and-544-tiring-the-precedi : • -- • * - ee. •• -temente-hall-be executed by the CONTRACTOR or Subcontracter-orby an authorized officer or employee of the CONTRACT-QR or Subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance", or on-•44entical-ferm-en-the back of-WH 347, "". " &CTOR'S Optional Use)"or on any form with identical wording. Sample ::•• e - - 4 - ". . c•• •• c- ..ting or sponsoring agency and-c-ocies of these forms may-be-purchased-at-the Government Printing Office. c.-The requirements of this section shall not apply to any Contract for Two Thousand Dollars ($2,000)or les . d. Upon-a-written-finding-ley-the-head of a f-*- s-- , e-Secretary of-Labor-may provide reasonable limitations, variations, tolerances and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. 81. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS - -- • - - -• •. e-livered by the CONTRACTOR- Subcontractor, within seven (7)days after th- -s • e. -•-• sate of the payroll period, to a-representative of OWNER in charge at the s. - * - e• e * * , • - • -* re-pr- - - • - s9 ' " c••.: * - * , he-statement shall be mailed by-the CONTRACTOR or Subcontractor, within such time, to the OWNER. After such examination and check as may be made, such statement, or a copy-thereof,-sball be kept - ransrnitted together with a report of any violation, in accordance with ace - - - e --• - - e. ..• -e E. • 9R-of--,Subee-ntr-astec shall preserve his weekly payroll records for a period of three (3) years from date of completion of the Contr. . - : . e - : 4s-shall set out accurately and completely-the name and address of-each-laborer and mechanic, Ns " •, - e c. --s •-••:- -t. . orked, deductions F-27 made and-actual-wages paid. Such-payroll-records shall be made available at all times for - e . e• ing-office-r or his authorized -e - .•: :y-a-u-thorized fep-FaSeCI-ta4:1VOS of-the Department of Labor. 82. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION-T-Q-Q-R— APPROVAL e - _ Deductions-made-under the circumsta- - e -- • -. *e• e- •- earagraphs-of this section may be made without application-to-and appre . * •• --- • .• e .dor- a. Any-dedi.4ction-made-in co-- •. •-- • -- - -• ----- e -deral, state or local law, such as f-e- * - • • -- c•-e *- e _ - secur-ity-taxesT b. Any deduction of sums previously paid to the employee as-a-bona-fide-prepayment of wages-v.e-hen-such e • -•-e- • • -a. e.- e - - • "et--of wages" is considered to have been-made only-when cash- or its equivalent has been advanced to th- - e- - e . -: - - e ••••• e•-e -to freedom-of disposition of the advanced funds. c. Any deduction of-amounts-required by OGUct-pcOGeSS-t0 be paid to another, unless the deduction is in favor of the CONTRACTOR, Subcontractor or any affiliated person, or when collusion or collaboration exists. --4---Any-cleduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital careperisions-or annuities on retirement, death-tienefits---compensation for injuries, illness, accidents, • -- r. * •• - e * .nemployment benefits-,vacation pay, savings a *. ••-• • e. - * •- • e -• e oyeesT their families and dependents: Provided, however-.-that the following standards are met: (1) the deduction is not otherwise prohibited by law; (2)it-is either(i)voluntarily consented to by -- nting-and in-advanc-e-of-the-period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employmen-tror(ii)provided for in a bona fide collective bargaining agreement between the GO-N-T-RAC--TO-R e - - :.e- * .-*representatives of its ernoloyees,-(3-)-no-profi-t-or-othei benefit is otherwise obtained directly or indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in the form o a--•-• 'e •.•c-•: * • -; -•8444-the deductions shall serve the convenience and interest of the employee. -. • - .4.. •.1- • - •- * * - -e - - 9- - se-Stamps and Bonds--when-voluntarily-autharized by the employee. f. Any deduction-requ- -* -- --* -- - -•-- * -e. . e, * -- - shares in credit unions organized and-o-perated-inaccorclance wit -*- -e - union statutes. g. Any deduction voluntarily authorized-by-the employee for the-making-of-contributions-to governmental or quasi governmental agencies such as the American Red Cross. h. Any deductions vol.- • . e * -e * ---ce .-- •- • a-king-of-contributions to . , -e .•e -- •••• • .c - ganizations. i. Any dedni uctions-to-pay regular-uon initiation-fees and membership dues, not including *- - - : •• • - . - , * ee .greement E-28 between-the-CONTRACTOR or Subcontractor and representatives of its employees provides-for-such deductions and the deductions arc not otherwise prohibited-by-law, j. Any deduction-net-more than for the "reasonable cost" of board, lodging or other facilities meeting the requirements of Section 3(m) of the F-air-hack --S dards Act of-1-938;-as amended-and-Part-5-34-o -• -. • --- ch a deduction is made, the additional records required under § 516.27(a) of this title-shall be kept. 83. PAYROLL D ! _ _ e► _ ' ' - IBLE WITH THE APPROVAL-O€TM€- • IP OF LABOR Any CO ' • _ e' e --e-e- ractor may apply to the Secretary of Labor for permission}--to make any deduction not p- -•• . . _ -e-Secretary-ray grant permission-whenever he finds that: . - -e ' • _ e', --e-e- er or any affiliated person does-notmakea profit or benefit directly or indirectly from t•- :-c- - •- • e form of a commission, dividend or-other er'-."v`rscc b—The ded�+ct+or�i _ - _ -: advance of the-period in which the work is to be done and suchconsentis not a condition - -- __ -.-'•* - - -ployment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and rep -- - .. _ -- e toyees: and d. The deduction serves the convenience and interest of the employee. _ • e► - •- - • --'e . • e - _ • ' a LABOR Any application for-the making of payroll deductions under §3.6 shall comply with-the requirements prescribed in the following paragraphs of this section: a. The application shall be in writing-and-shall be addressed-to-the-Secretary of Labor= b. The application shall identify the Contract or Contracts under which the work in question is to be performed. Permission will be given for deductions-only on specific, identified Contracts, except upon a showing of exceptional circumstances. c. The application-shall-state affirmatively-that--there-4s :••: - . - •- -ndards set forth in the provisions of§3.6. The-affirmation shall be accompanied by a full statement of the facts indicating such compliance. d. The application shall include a description of the proposed deduction, the purpose to be served thereby and the classes of laborers or mechanics from whose-wages the proposed deduction would be made. e. The application shall state the name and business of any third person to whom any funds obtained from the proposed-deductionsa r-to-be---transmitted and the affiliation-of-such person, if any, with the applicant. 85. SECTION 3:8-ACTION BY THE-SECRETARY O-F--LABOR UPON APPLICATIONS E-29 The Secretary of Labor shall decide-whe - _ _ -- -__ -d deduction is permissible under provis+ees of§3.6--and shall notify the applicant in wri i g-of-his-decion. 86. PROHIBITED PAYROLL DEDUCTIONS ----Deduction e provided for by __ _ _ . _ e-not--found to be permissible under §3.6 are prohibited. 87. METHODS OF—PAYMENT OF WAGES The payment of wages sha : _ _ , - __ - strumeets-payable on demand of-the additional-forms-of-e-onpensation for-which deductions are permissible under this part. No other - -- _ __ . •- - _e-- i-z-: e• _ .e.- _ •- :peland-Act- 88. REG_ e. _ . . - e _e. All Contracts made with respect to the co- - _ , _ _ -__ _ _ - _ -e.' public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the CONTRACTOR or S.e.:- _ e _ .*--e .eh-of the regulations in this part as may be applicable. In this regard, see §5.5(a)of this subtitle. 89—EnQUA;=-OR-POI TUN Y-PROWSIOnic i.�, (;=0_r-1-246) A. Activities and Contracts Subject to Executive Order 11246, as Amended (applicable to federally assisted construction contracts and relate: __ _ _ .-e- - •:usand----Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR shall not-discriminate against-any--employee-or pplioant4oremployment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative during employment-without regard to their race, color-T.-religion, sex or national origin. Such action shall induct-, : - -- , -- _ _ g=ernp : --- , .se ._ , - - - - - - . . _ ••-- _ - _. ---- .dvortising; layoff or termination; rates of pay or other forms of compensation -and selection for training, including apprenticeship--- F-33 (2) The CONTRACTOR-sh. ._ - _. _• __. _ __ - _ for-employme- , -: '_- e e- :rovided---Contracting-O • - - -e :-- he-previsions of this nonEliscrirn+eatien-clause. T - _! • _ !' _ - _ _ qualified applicants will receive consideration for-e.n4plt •--- • _. _- : _ _cc, color, religion, sex or national origin. (3) CONTRACTOR'S shall incorporate foregoing requirements in all Subcontracts- —B. Contracts Subject-to Executive Order 11246T-as Amended-(applicable to federally assisted construction-eoetr__ _ - . -_ .___ _ - .- _ -- __sand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for Employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirma •- - _ _ -- - - hat applicants are employed and-that-employees are treated e. _ -• _ . •- .4-the-ea-regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to. the-fellewing: employment, upgrading, demotion or transfer recruitment or-recruitment advertising; layoff or termination; rates of-pay--or-other forms of compensation; and selection for training, including apprenticeship—The F-;0 CONTRACT9R-agrees to-pest-in conspi eus p e-to employees and applicants for employment, notices to be provided set : - : : .'sions of this-nondiscrimination clause. (2) The CONTR-ACTOR-will_;in all solicitations or advertisements-for employees-placed-by or on behalf of CONTRACTOR, state that alt-qualified-applicants-will receive consideration for employment-without-regard-to-race, color, religion, sex or national origin, (3) The CONTRACTOR-w. _ e __ _bor union or representative of workers,--with which he has a-collective bargaining agreement or other contract or understanding,a notice to be provided by th- _ _ -e• *fiance Officer advisi _ •- . . ___ _ _ • _ kers representatives of-the CONTRACTOR'S commitment under this section and shall post copies of the notice in conspicuous places-available to employees and applicants--for employment. September 21, 1365,-and of the rules, regulations and relevant orders of the Secretary of Labor. —(5)-The CON ' • _ e' • • . - - _ - _ --alienand-reportsrequired by Executive Order 11216 of September 21, 1965, and by the rules, regulations and orders of the Secretary of :: .. .. -- - _ • _ -- _ - _ - ::: s, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain-compliance with such rules, regulations and orders. —(6)-In the-event-of the-CONTRACTOR'S-noncompliance-wit#-the-non-discrimination clauses , . -- _ _ _ _ _ _ • _ - _ •- ._ , - _ -- _e RACTOR may be declared ineligie - _ _ -- __ - --•- _e ' •CTOR'S or federally assisted . _ September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. paragraph (1) and-the provision _ __ __ -e- • __:- _ - •- rant-er purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 201 of Executive Order 112,16 of September 21, 1965, so that - . ' _ _ _ _ ___ . • --e-e• _ctefor vendor. The CONTRACTOR will take such action with respect to any 201 of Executive Order 112,16 of September 24, CON-TRACTOR-will take su_- __ : - peet-to-an-y-Subcontractor purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened-with, litigation with a Subcontract-or-vendor as a result of such direction by the Department, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. C. N: - _ "-e-. ---_- _ . - _ o Ensure Equal Employment Opportunity (Executive Order 11246)-(applicable-to-contracts/subcontracts exceeding Ten Thousand Beltars-{$-10; 4}} (1) The Offeror's or Bidder's attentie . _ _ -- " ... e:::-. _ awe-arnd4he "Standard-federal-€q__ -•: : . -•-- e:::--• _:- .. ion Contract Specifications"set forth-herein. L-3I ITEM 200 - STRUCTURAL CONCRETE CLASSIFICATION TABLE Min. Comp. Max. Water Min. Strength (psi) Content (1.6) Cement Per C.Y. Class - Type lbs. of Gallons Slump Range Total Air of (in.) Content (%) 7-day 28-day W Jaber/ Water/ Lbs. Bags Cement Bag Cement A - Structural 2,000 3,000 0.55 6.25 494 5.25 2-1/2 to 4-1/2 2-1/2 to 4- 1/2 ASS, - Structural ('' 2,000 3,000 0.50 5.65 423 4.50 7 to 10(1) 3 to 5 B - Slope Protection 1,200 2,000 0.75 8.50 400 4.25 2-1/2 to 4 2-1/2 C - Pipe Blocking --- 1,500 0.97 11.00 282 3.00 3 to 5 3 to 6 D - Seal Slab --- --- --- --- 376 4.00 6 to 8 as needed E- Monolithic Sewer 2,000 3,000 0.55 6.25 564 6.00 4 to 6 3 to 5 F - Prestressed''' --- 5,000 0.51 5.75 635 6.75 2 to 3 as needed G - Prestressed i51 --- 6,000 0.49 5.50 658 7.00 2 to 3 as needed K - Structurals" 2,800 4,000 0.45 5.65 564 6.00 3-1/2 to 5 2-1/2 to 4- 1/2 K5 - Structural (3) 2,800 4,000 0.45 5.00 517 5.50 7 to 1014' 3 to 5 P - Paving 3,500 4,400 0.45 5.00 564 6.00 3 to 5 2-1/2 to 4- 650"' 1/2 All Slump Ranges +1/2 inch Tolerance. t Include in maximum water,free water in aggregate minus absorption of aggregate based on a 30-minute absorption period. (2) For concrete placed under water. minimum cement per cubic yard shall be 61 1 pounds(6.5 bags). (3) Asr and K.Sr,to contain approved High Range Water Reducing(HRWR)Admixture. (4) Maximum 2-inch slump before additional HRWR Admixture. (5) For pre-stressed concrete,water reducing admixture may be used as needed. (6) Use approved water-reducing and retarding admixtures. 17) Minimum flexural strength at 28 days. Z'+PTARTHUR3&17 SVrn93 ES7 RchaUitnaI on CmmaU Uocsspecs.2 O-SVuaur&Conaele.0o[ P I 200-2 SCHAUMBURG POLK. ITEM 200 - STRUCTURAL CONCRETE 2. Water used in mixing concrete shall be clean and free from injurious amounts of oils, acids, alkalis, salts, organic materials, or other substances that may be deleterious to concrete or reinforcement. 3. Aggregate shall conform to ASTM C-33. Nominal maximum size of coarse aggregate shall not be larger than: (1) 1/5 the narrowest dimension between sides of forms, nor (2) 1/3 the depth of slabs, nor (3) 3/4 the minimum clear spacing between individual or bundles or reinforcing bars. 4. Fibermesh Reinforcement. Shall be 100 percent virgin polypropyline, fibrillated fibers containing no reprocessed olefin materials and specifically manufactured for use as concrete secondary reinforcement. Volume per cubic yard shall equal a minimum of 0.1%(1.5 pounds). 5. Admixtures (requiring prior approval of the Engineer)to be used in concrete shall be produced and serviced by established, reputable manufacturers and used in compliance with manufacturer's recommendations. a. Air-entraining Admixture shall conform to ASTM C-260,and when requested,certification attesting to compliance shall be furnished by the manufacturer. b. Water-reducing, Set Controlling Admixture shall conform to ASTM C-494 and when requested, a qualified concrete technician employed by the manufacturer shall be available to advise and assist in the use, proportioning and adjustment of concrete mix. c. Fly-ash or Other Pozzolans used as admixtures shall conform to ASTM C-618. 200.04-CONCRETE PROPORTIONING The Contractor shall be responsible for the design of concrete mixtures. Concrete shall be proportioned and produced to provide an average compressive strength as provided for herein.(fc= specified compressive strength of concrete). 1. Proportioning of concrete for the required fc shall be based on 28-day compressive test shall be based on laboratory trail batches performed by an independent testing laboratory meeting the requirements of ASTM E-329 and approved by the Engineer, and/or on the basis of field experience, both as set forth in ACI 318-Latest Edition and this specification. The average compressive strength used as a basis for selecting the proportions shall exceed the specified F'c as required by ACI 31 B. 2. Proportions of materials for concrete shall conform to minimum cement content and maximum water content for various classes as shown on Classification Table. 3. Where different materials are to be used for different portions of the work, each combination shall be evaluated separately. 4. Concrete proportions, including water-cement ratio, shall be established on the basis of field experience, or laboratory trial batches, with materials to be employed, as required herein. Fird 4 200 -3 SCHAUMBURG POI K. ITEM 200 - STRUCTURAL CONCRETE 5. 1.5 lbs of fiber mesh per cubic yard of concrete,where noted for use on plans, shall be added to the mixer before placement. Fibermesh is required in all sidewalks. 6. Average Strength Reduction After sufficient test data become available from the job, methods of"Recommended Practice for Evaluation of Compression Test Results of Concrete(ACI 214-65)"may be used to reduce the amount by which the average strength must exceed fc . (1) Probable frequency of strength tests more than 500 psi below fc will not exceed 1 in 100; (2) Probable frequency of an average of three consecutive strength tests below fc will not exceed 1 in 100, and; (3) Concrete Classification Requirements Table are met. 8. Evaluation and Acceptance of Concrete a. Frequency of Testing. Samples for strength tests of each class of concrete placed each day shall be taken not less than once a day, nor less than once for each 150 cubic yard of concrete, nor less than once for each 5000 sq. ft. of surface area for slabs or walls. On a given project, if total volume of concrete is such that frequency of testing required would provide less than five strength tests for a given class of concrete, tests shall be made from at least five randomly selected batches or from each batch if fewer than five batches are used. When total quantity of a given class of concrete is less than 50 cubic yards,strength tests may be waived by the Engineer if in his judgment adequate evidence of satisfactory strength is provided. Average strength of two cylinders from the same sample, tested at 28 days or the specified earlier age, is required for each strength test. b. Tests of Cured Specimens. Samples for strength tests shall be taken in accordance with "Method of Sampling Fresh Concrete" (ASTM C-172). Cylinders for strength tests shall be molded and laboratory-cured in accordance with "Method of Making and Curing Concrete Test Specimens in the Field"(ASTM C-31)and tested in accordance with "Method of Test for Compressive Strength of Cylindrical Concrete Specimens" (ASTM C-39). Strength level of an individual class of concrete shall be considered satisfactory if both of the following requirements are met: (1) The average of all sets of three consecutive strength tests equal or exceed required fc. (2) No individual strength test(average of two cylinders)falls below required fc by more than 500 psi. SP I 200 -4 r+r+.1 A I 1&Af11 lrwr, rVti lI ITEM 200 - STRUCTURAL CONCRETE c. Investigation of Low-Strength Test Results. If any strength test of cured cylinders falls below required fc by more than 500 psi or if test indicate deficiencies in protection and curing, steps shall be taken to assure that load-carrying capacity of the structure is not jeopardized. If the likelihood of low-strength concrete is confirmed and computations indicate that load- carrying capacity may have been significantly reduced,tests of cores drilled from the area in question may be required in accordance with"Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete" (ASTM C-42). In such case, three cores shall be taken for each strength test more than 500 psi below required f,. If concrete in the structure will be dry under service conditions, cores shall be air dried (temperature 6011 to 800 F, relative humidity less than sixty (60%) percent)for seven (7) days before test and shall be tested dry. If concrete in the structure will be more than superficially wet under service conditions, cores shall be immersed in water for at least 48 hours and be tested wet. Concrete in an area represented by core tests shall be considered structurally adequate if the average of three cores is equal to at least eighty-five (85%) percent of fc and if no single core is less than seventy-five (75%) percent of fc. To check testing accuracy, locations represented by erratic core strengths may be retested. If criteria above are not met, and if structural adequacy remains in doubt, the Engineer may order load tests for the questionable portion of the structure, or take other action appropriate to the circumstances. 200.05- MIXING AND PLACING CONCRETE 1. Preparation Preparation before concrete placement shall include the following: (1) All equipment for mixing and transporting concrete shall be clean. (2) All debris and ice shall be removed from spaces to be occupied by concrete. (3) Forms shall be properly coated. (4) Masonry filler units that will be in contact with concrete shall be well drenched. (5) Reinforcement shall be thoroughly clean of ice or other deleterious coatings. (6) Water shall be removed from place of deposit before concrete in placed unless a tremie is to be used or unless otherwise permitted by the Engineer. (7) All laitance and other unsound material shall be removed before additional concrete is placed against hardened concrete. 2. Mixing All concrete shall be mixed until there is a uniform distribution of materials and shall be discharged completely before mixer is recharged. Z I'iik .'..St:':,, J =.:i V t,-. o. ., ,l. ;A::l(1.x::5 L .,l,1-St.U.II i,;lt ._ •IVtl:c � 200 - 5 s p' LY''LJ A I Q Rt 111 W--' MI V ITEM 200 - STRUCTURAL CONCRETE Ready-mixed concrete shall be mixed and delivered in accordance with requirements set forth in "Specification for Ready-Mixed Concrete" (ASTM C-94). Job-mixed concrete shall be mixed in accordance with the following: (1) Mixing shall be done in a batch mixer of approved type. (2) Mixer shall be rotated at a speed recommended by the manufacturer. (3) Mixing shall be continued for at least 1-1/2 minutes after all materials are in the drum, unless a shorter time is shown to be satisfactory by the mixing uniformity tests of "Specification for Ready-Mixed Concrete" (ASTM C-94). 3. Conveying Concrete shall be conveyed from mixer to place of final deposit by methods that will prevent separation or loss of materials. Conveying equipment shall be capable of providing a supply of concrete at site of placement without separation of ingredients and without interruptions sufficient to permit loss of plasticity between successive increments. 4. Depositing Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. Concreting shall be carried on at such a rate that concrete is at all times plastic and flows readily into spaces between reinforcement. Concrete that has partially hardened or been contaminated by foreign materials shall not be deposited in the structure. Retempered concrete or concrete that has been remixed after initial set shall not be used unless approved by the Engineer. After concreting is started, it shall be carried on as a continuous operation until placing of a panel or section, as defined by its boundaries or predetermined joints, is completed except as permitted or prohibited by Item 200.07.4. Top surfaced of vertically formed lifts shall be generally level. When construction joints are required,joints shall be made in accordance with Item 200.07.4. All concrete shall be thoroughly consolidated by suitable means during placement and shall be thoroughly worked around reinforcement and embedded fixtures and into corners of forms. 200.06 CURING 1. Concrete (other than high-early-strength) shall be maintained above 50° F and in a moist condition for at least the first seven(7)days after placement,except when cured in accordance with 200.06.3. P Y 7'h'llk' NJr> (i17 ,i'. f itf n., _. .1..1:;;_S,. :si i-Sv,:':.i,ili un.iii.l :. �■ I i �� 200 - 6 : Cf"LIAI WADI 101-2 - of11 W ITEM 200 - STRUCTURAL CONCRETE 2. High-early strength concrete shall be maintained above 50° F and in a moist condition for at least the first three (3) days, except when cured in accordance with 200.06.3. 3. Accelerated Curing a. Curing by high pressure steam, steam at atmospheric pressure, heat and moisture, or other accepted process, may be employed to accelerate strength gain and reduce time of curing, with prior approval of the Engineer. b. Accelerated curing shall provide a compressive strength of the concrete at the load stage considered at least equal to required design strength at that load stage. c. Curing process shall be such as to produce concrete with a curability at least equivalent to the curing method of 200.06.1 or 200.06.2. d. Supplementary strength tests may be required to assure that curing is satisfactory. The Engineer may require strength tests of cylinders cured under field conditions to check adequacy of curing and protection of concrete in the structure. 4. Cold Weather Requirements a. Adequate equipment shall be provided for heating concrete materials and protecting concrete during freezing or near-freezing weather. b. All concrete materials and all reinforcement,forms fillers,and ground with which concrete is to come in contact shall be free form frost. c. Frozen materials or materials containing ice shall not be used. 5. Hot Weather Requirements During hot weather, proper attention shall be given to ingredients, production methods, handling, placing, protection, and curing to prevent excessive concrete temperatures or water evaporation that may impair required strength or serviceability of the member or structure. 200.07- FORMWORK AND CONSTRUCTION JOINTS 1. Design -Contractor shall be solely responsible for the form design for the anticipated work. a. Forms shall result in a final structure that conforms to shapes, lines, and dimensions of the members as required by the design drawings and specifications. b. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. c. Forms shall be properly braced or tied together to maintain position and shape. d. Forms and their supports shall be designed so as not to damage previously placed structure. e. Design of formwork shall include consideration of the following factors: (1) Rate and method of placing concrete; s �� 200 -7 ITEM 200- STRUCTURAL CONCRETE (2) Construction loads, including vertical, horizontal, and impact loads; (3) Special form requirements for construction of shells, folded plates, domes, architectural concrete, or similar types of elements. f. Forms for prestressed concrete members shall be designed and constructed to permit movement of the member without damage during application of prestressing force. 2. Removal of Forms a. No construction loads shall be supported on, nor any shoring removed from any part of the structure under construction except when that portion of the structure(in combination with remaining forming and shoring system) has sufficient strength to support safely its weight and loads placed thereon. Sufficient strength may be demonstrated by field-cured test cylinders and by a structural analysis considering proposed loads in relation to field-cured cylinder strengths and strength of the forming and shoring system. Such analysis and strength test data shall be furnished by the Contractor to the Engineer when so required. b. No construction loads exceeding combination of superimposed dead load plus specified live load shall be supported on any unshored portion of the structure under construction, unless analysis indicates adequate strength to support such additional loads. c. Forms shall be removed in such manner as not to impair safety and serviceability of the structure. All concrete to be exposed by form removal shall have sufficient strength not to be damaged thereby. d. Form supports for prestressed concrete members may be removed when sufficient prestressing has been applied to enable prestressed members to carry their dead load and anticipated construction loads. e. Forms will remain in place a minimum of 72 hours for all conditions except in the following case: Concrete subject to high bending stress and wholly(or almost wholly) reliant on forms for vertical support. Examples: Roof or floor slabs and beams; undersides of sloping surfaces (flatter than 1:1); walkways and platforms; bridge decks and girders. Forms will remain in place a minimum of 4-1/2 days in those areas where no immediate superimposed loading will occur and a minimum of 10 days at all other areas. f. The early removal of forms (except as noted above) to facilitate the normal progress of work will be permitted only be approval of the Engineer, and in no case less than 24 hours. 3. Conduits and Pipes Embedded in Concrete a. Conduits, pipes and sleeves of any material not harmful to concrete may be embedded in concrete with approval of the Engineer, provided they are not considered to replace structurally the displaced concrete. [.niz.,rtt�.dns,� .; E"If ,no_,:,: . -_cs. sl.,asivauracon:ru<, SPI200 - 8 ITEM 200 - STRUCTURAL CONCRETE b. Except when plans for conduits and pipes are approved by the Structural Engineer, conduits and pipes embedded within a slab, wall, or beam (other than those merely passing through) shall satisfy the following: (1) They shall not be larger in outside dimension than 1/3 the overall thickness of lab, wall, or beam in which they are embedded. (2) They shall not be spaced closer than 3 diameters or widths on center. (3) They shall not impair significantly the strength of the construction. (4) Concrete cover for pipes and fittings shall not be less than one and one-half(1-1/2") inches for concrete exposed to earth or weather, nor three-fourths (3/4") inches for concrete not exposed to weather or in contact with ground. 4. Construction Joints a. Where a construction joint is to be made, the surface of concrete shall be thoroughly cleaned and all laitance and standing water removed. b. Vertical construction joints shall be thoroughly wetted and coated with neat cement grout immediately before new concrete placement. c. Construction joints not indicated on the design drawings shall be so made and located as not to impair significantly the strength of the structure. d. Construction joints in floors shall be located near the middle of spans of slabs, beams,or girders, unless a beam intersects a girder at the middle location, in which case joints in the girders shall be offset a distance equal to twice the width of the beam. Provision shall be made for transfer of shear and other forces through construction joints. e. Beams, girders, or slabs supported by columns or walls shall not be cast or erected until concrete in the vertical support members is no longer plastic. f. Beams, girders, column capitals, and haunches shall be considered as part of a slab system and shall be placed monolithically therewith. g. Structures containing liquids shall have all exterior walls and bottom slab joints constructed with water stops and/or seals. When prevention of contamination and/or control of leakage is necessary at exterior or interior wall/slab, water stops and/or seals shall be provided at joints. h. Horizontal joints in walls less than twelve feet high are not to be located for contraction or expansion, but for construction only. Such horizontal wall joints shall be minimal and as approved by the Engineer only. Triangular fillet seals should be made on liquid-face when leakage control is necessary. i. Vertical joints in walls shall be located at points of no shear. Joints shall be constructed with water-stops and fillet seals where control of leakage is required. / r l id•i HUI-.]I;,;iPuhd k j f Hrhdh]I:Li'c i La1 I)u s spec;:.Jglmc'Wo'Ccnc,st r dc. 200 - 9 Sri-IAI IMRI IP( -. prll K ITEM 200 - STRUCTURAL CONCRETE j. Where slabs are cast in two separate lifts,joints are to be staggered. All joints shall be located at positions of no shear. k. Longitudinal keys at least one and one-half(1-1/2") inches deep shall be provided in all joints in walls and between walls and slabs or footings. I. When joints are not indicated on plans, Contractor shall supply shop drawings clearly indicating all joints in any part of the structures, sequence of pours and time lapse for control of shrinking, for approval by the Engineer. No intermediate joints will be allowed other than those on the approved shop drawings without the express approval of the Engineer. 200.08- PATCHING AND SURFACE FINISH After forms are removed,the Contractor shall remove all concrete fins, projections and form ties. All surfaces which will remain exposed will be inspected by the Engineer and all voids, stone pockets, tie holes, honeycombed and defective areas shall be patched as directed. The patching mortar shall be sand-cement grout with sufficient white Portland Cement added to effect a match with the concrete surfaces. Areas to be patched shall be clean,free of loose material and dampened before applying grout. The patched areas shall be rubbed before the grout is set hard to blend into adjacent areas. Rub-Finish exposed vertical and battered surfaces from 6-inches below ground surface or from 6- inches below normal water level to top, except for small plinths and similar structures which extend less than 12 inches above finished grade. 200.09- DEFECTIVE WORK The following defects shall be cause for rejection of placed concrete: 1. Voids, rock pockets, honeycombing, and spelled areas which, in the opinion of the Engineer, cannot be satisfactorily repaired, will affect the strength of the structure materially, or will limit the life of the reinforcement. 2. Uneven or bulged surfaces resulting from shifting of the forms during placement or curing. 3. Concrete found structurally inadequate after thorough investigation according to Item 200.04.8, Subsections a through c. Upon discovery of any of these defects, the Engineer may declare the structure defective and require the Contractor to remove and replace the portion of the structure affected, at the Contractor's expense. !'PIf.P( j61]$(( t9:5 LSI FSI at.. 'li'r* SrtCsi',J•S uilu (.t ftiC SPI 200- 10 crtiJ A I II AOI Ion m I ITEM 201 - REINFORCEMENT STEEL 201.01 -GENERAL This item shall govern deformed reinforcement; plain reinforcement; prestressing tendons; and reinforcement consisting of structural steel, steel pipe, or steel tubing as specified herein. Reinforcement to be welded is indicated on the drawings. Reinforcement of the specified ASTM steel,except for ASTM A-706, shall require a report of material properties conforming to"Reinforcing Steel Welding Code" (AWS D12.1) of the American Welding Society. 201.02- MATERIALS 1. Deformed Reinforcement a. Deformed reinforcing bars shall conform to one of the following specifications, except as provided in Section 1.b below. (1) "Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement" (ASTM A-615), Grade 60. (2) "Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-616), Grade 60. (3) "Specification for Axle-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-617), Grade 60. (4) "Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement" (ASTM A-706). b. Deformed reinforcing bars shall conform to the following exceptions to the ASTM specifications listed in Section 1.a. above. (1) For ASTM A-615, and A-617, yield strength shall correspond to that determined by tests on full size bars. (2) For ASTM A-615, A-616, and A-617, bend test requirements for all bar sizes #3 through #11 shall be based upon 180 deg. bends of full-size bars around pins with diameters specified in Table 1. If#14 or#18 bars meeting these specifications are to be bent, full-size bar specimens shall be bend tested 90 deg. at a minimum temperature of 60° F around a 9db pin without cracking of the bar. However, if#14 and #18 bars as used in the structure are required to have bends exceeding 90 deg., specimens shall be bend tested 180 deg. with other criteria the same as for 90 deg. - .' A' i • pur' 'E dbr anon_ Of1V8Q OL3specs 1J nein GKCmenl leel lensed I I .doCSP ' 201 - 1 SCHAUMBURG Pax ITEM 201 - REINFORCEMENT STEEL TABLE 1 BEND TEST REQUIREMENTS Bar Designation Pin Diameter for Bend Test #3, #4, and #5 3-1/2db #6, #7, and #8 5db #9, #10, and #11 7db #9, #10, and #11 5db (of Grade 40) c. Bar and rod mats for concrete reinforcement shall conform to"Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement" (ASTM A-184). d. Deformed wire for concrete reinforcement shall conform to "Specification for Deformed Steel Wire for Concrete Reinforcement" (ASTM A-496). e. Welded deformed wire fabric for concrete reinforcement shall conform to"Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). 2. Plain Reinforcement a. Plain bars for spiral reinforcement shall conform to the specification listed in Section 1.a. (1), (2), or (3) including additional requirements of Section 1.b. b. Smooth wire for spiral reinforcement shall conform to"Specification for Cold-Drawn Steel Wire for Concrete Reinforcement" ASTM A-82). c. Welded smooth wire fabric for concrete reinforcement shall conform to"Specification for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185). 3. Prestressing Tendons a. Wire, strands, and bars for tendons in prestressed concrete shall conform to one of the following specifications: (1) "Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete"(ASTM A-421). (2) "Specification for Uncoated Seven-Wire Stress-Relieved Strand for Prestressed Concrete" (ASTM A-416). (3) "Specification for Uncoated High-Strength Steel Bar for Prestressing Concrete" (ASTM A-722). b. Wire, strands, and bars not specifically listed in ASTM A-421, A-416, or A-722 may be used provided they conform to minimum requirements of these specifications and do not have properties that make them less satisfactory than those listed in ASTM A-421,A-416, or A-722. 201 - 2S P1 faL SCHAUMBURG : POLK ITEM 201 - REINFORCEMENT STEEL 4. Structural Steel, Steel Pipe, or Tubing a. Structural steel shall conform to one of the following specifications: (1) "Specification for Structural Steel" (ASTM A-36). (2) "Specification for High-Strength Low-Alloy Structural Steel" (ASTM A-242). (3) "Specification for High-Strength Low-Alloy Structural Manganese Vanadium Steel" (ASTM A-441). (4) "Specification for High-Strength Low-Alloy Columbium-Vanadium Steels of Structural Quality" (ASTM A-572), Grade 60. (5) "Specification for High-Strength Low-Alloy Structural Steel with 50,000 psi Minimum Yield Point to 4 in. Thick" (ASTM A-588). b. Steel pipe or tubing shall conform to one of the following specifications: (1) Grade B of "Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless" (ASTM A-53). (2) "Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes" (ASTM A-500), Grade B. (3) "Specification for Hot-Formed Welded and Seamless Carbon Steel Structural Tubing" (ASTM A-501). 201.03 -SIZES AND WEIGHTS The nominal sizes and areas,and the theoretical weights of deformed bars shall not be less than the current standard of the Concrete Reinforcing Steel Institute. 201.04- BENDING Bending of deformed reinforcement bars shall conform to Section 7.3- Bending of ACI 318 latest version. Reinforcement bars shall be bent cold to the shapes indicated on the plans. All bending of hard grade new billet and rail steel bars shall be done in the shop; other grades shall preferably be bent in the shop. Bends shall be made around pins;the diameter of pins shall be not less than four (4) times the minimum thickness of the bar. Heating for bending shall be employed only when authorized specifically. 201.05 -STORAGE Reinforcement shall be stored above the ground surface upon skids, platforms, or other supports, and shall be protected from mechanical injury and from deterioration by exposure to the weather. When placed in the work, the reinforcement shall be free from dirt, loose rust, scale, paint, oil, or other foreign material. ,,.r . iV... ✓uJ> nv J"lu!vi1. J..v:Cs s4c_>l rv. ... r -.r.J .0/u,r U $ 201 - 3 SID SCHAUMBURG • POLK ITEM 201 - REINFORCEMENT STEEL 201.06-SPLICES Splices of deformed reinforcement bars shall conform to Section 12.14-Splices of Reinforcement of ACI 318 latest version. No splices of bars,except when shown on the plans,will be permitted except upon the written approval of the Engineer. Splices which are permitted shall have a length of not less than that required by the ACI Code, and shall be well distributed or else located at points of low tensile stress. The spacing between bars shall meet the recommendation of the ACI Code for anchorage bond and placing concrete. Where welded splices may be required, they shall conform to AWS D 12.1 "Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connections in Reinforced Concrete Construction." Welded splices shall develop in tension at least 125% percent of the specified yield strength of the reinforcing bar. Splices shall transfer the entire computed stress from bar to bar without exceeding three-fourths of the permissible bond. Welded wire fabric shall be lapped not less than two mesh, i.e., the length of the lap shall be at least equal to the spacing of wires parallel to the lap. Bars shall be rigidly clamped or wired at all splices in a manner approved by the Engineer. 201.07- REJECTION Reinforcement may be rejected for failure to meet any of the requirements of this specification on account of any of the following: 1. Reinforcement exceeding the allowable variations in size or weight. 2. Reinforcement with bends not in conformity with the details. 3. Reinforcement with a coating of dirt, loose rust, scale, paint, oil, or other foreign substance at time of placing in the work. 4. Twisted bars. 201.08- DETAILING 1. Completely detailed shop drawings and schedules shall be submitted by the Contractor for approval of the Engineer in accordance with requirements specified for working drawings. 2. The bars shall be supplied in lengths which will allow them to be conveniently placed in the work and provide sufficient lap at joints. Dowels of proper length, size, and shape shall be provided for tying walls, beams, floors, and the like together where shown, specified, or ordered. 3. Steel reinforcement shall be of the type and size, cut to lengths, and bent to shape as indicated on the plans. Where dimensions of hooks are not shown,the diameter of the hook shall equal six(6)times the bar diameter for bar sizes#3 through#8 and 8 times for#9,#10 and#11,with a straight length of bar at the end of the hook equal to four(4)times the bar diameter, or 2-1/2" minimum, whichever is greater. 201 - 4 SP SCHAUMBURG , POU( ITEM 201 - REINFORCEMENT STEEL 201.09 - PLACING REINFORCEMENT Placement of deformed reinforcement bars shall conform to Section 7.5-Placing Reinforcement of ACI 318 latest version. Reinforcement, before being placed,shall be thoroughly cleaned of mill and rust scale and of coatings that will destroy or reduce the bond with the concrete. When there is a delay in concreting operations and the reinforcement has been in place in excess of two(2)days, it shall be re-inspected and, when necessary, cleaned. Metal reinforcement shall be accurately positioned and dimensioned in accordance with the plans and specifications. The bars and mesh shall be tightly secured against displacement by using annealed wire of not less than No.16 gauge and suitable clips at intersections. The reinforcement shall be supported in a manner that will keep all metal away from the interior surfaces of forms, or the surface against which the concrete is placed, in accordance with the "clear" dimensions as shown on the plans or as specified single layer reinforcement in slabs shall be placed at mid-depth unless otherwise dimensioned in plans. Nails shall not be driven into the outside forms to support reinforcement, nor shall any other device for this purpose come in contact with outside form,except that wood strips shall be inserted between the reinforcement and the forms at intervals to maintain the required clear distances between the reinforcement and the outside surfaces of the concrete. These wood strips shall be pulled up and removed as the level of the concrete rises in the forms. In the case of slabs and beams, metal chairs, spacers, and other metal accessories necessary to provide the required clear distances and proper alignment and spacing between bars shall be used subject to the approval of the Engineer. Precast concrete blocks wired to the reinforcing bars will not be permitted as supports or spacers. 201.10-CONCRETE PROTECTION FOR REINFORCEMENT Concrete protection of deformed reinforcing bars shall conform to Section 7.7 Concrete Protection of Reinforcement of ACI 318 latest version. Concrete cover as protection of reinforcement against weather and other effects is measured from the concrete surface to the outmost surface of the steel to which the cover requirement applies.Where minimum cover is prescribed for a class of structural member, it is measured to the outer edge of the stirrup, ties, or spiral if transverse reinforcement encloses main bars; to the outmost layer of bars if more than one layer is used without stirrups or ties; to the metal end fitting or duct on post-tensioned prestressing steel. Concrete protection of prestressing tendons shall conform to Section 7.7.3 - Prestressed Concrete of ACI 318 latest version. rinnith, / uW _ o ,l k. dFUn„entad :L♦ ptlS , l '.J. ..0 :.s«JV:C.L. /c,c ��� � + 201 - 5 SCHAUMBURG _> POL . ITEM 300 - STRUCTURAL STEEL 300.01 - DESCRIPTION This item governs the furnishing, fabrication, and erection of structural steel as shown or called for on the plans and specifications, necessary and required to construct the improvements under this contract. 300.02 - MATERIALS All structural steel as defined in the AISC Code of Standard Practice for Steel Buildings and Bridges shall conform to ASTM A-6 and ASTM A-36 unless otherwise noted in the specifications or plans (AWS Code). All arc-welding electrodes (E70XX) shall conform to the Structural Welding Code of the American Welding Society (AWS Code). All erection bolts shall conform to ASTM-A325, rivets to ASTM-A502, and anchor bolts to ASTM- A307. All bolts, nuts, flat washers, and ogee washers shall be hot dip galvanized in accordance with ASTM-A123 and A-153. Galvanized structural steel, when so designated or called for in the plans and specifications, shall conform to ASTM-A123. 300.03- DESIGN AND FABRICATION The design and fabrication and erection of steel structures shall conform to the recommendations and requirements as given in the national codes designated herein and shall conform to state or local codes having jurisdiction. The more rigid specification shall govern where one code conflicts with another, or with any part of this technical specification. The designated codes are as follows: 1. AISC Specification for the Design, Fabrication and Erection of Structural Steel for Buildings; 2. The Structural Welding Code of the American Welding Society (AWS); 3. The Code of Standard Practice of the American Institute of Steel Construction (AISC); 4. The Steel Structures Painting Council (SSPC)Steel Structure Painting Manual,Vol.2,Systems And Specifications. 300.04- CONNECTIONS Temporary and permanent field connections shall be in accord with the codes set forth in these specifications and as indicated on the approved shop drawings. Unless shown or called for otherwise in the plans and specifications, connections may be bolted, riveted, or welded at the option of the Fabricator/Erector, such connection to be consistent with the requirements of these specifications. 300.05 -TEMPORARY SUPPORTS AND CONNECTIONS Temporary supports and connections as may be required for the erection of structural steel will be determined,furnished,and installed by the erector. No temporary supports shall be removed without the consent of the erector. SPI \` 7 P1 F{'t lltJI +(,1/',rut'+I.St Pettaltilttat Jn Cont,ad Docs SOi!i St-.,.t ,. 300 - 1 SCS-(AUMBURG POLK ITEM 300 - STRUCTURAL STEEL Bolts used for temporary bolted field connections in conjunction with welded field connections may be left in place at the option of the erector provided they do not interfere with any other member of the structure. 300.06- PAINTING All painting shall be done on dry surfaces,free from rust, scale,and grease. Color,number of coats, and thickness shall be as designates and called for in the plans and specifications, Item 601, and applied in accordance with SSPE-SSPM Vol. 2. All spot painting and painting of bolts, rivets, and field welds shall be with the material used for the shop coat. 300.07- SHOP AND ERECTION DRAWINGS The Contractor, immediately following the award of the Contract, shall prepare shop drawings of all structural steel, based on the design drawings,for the approval of the Engineer. Shop drawings shall give all necessary information for the fabrication, erection, field connections, anchor bolt size, and locations and painting of the structure. Three sets of finally approved drawings shall be furnished to the Engineer. No fabrication shall be conducted until approved drawings are in the hands of the shop inspector. 300.08- FIELD MEASUREMENTS In the case of alterations or additions, the Contractor shall make measurements in the field to verify or supplement dimensions shown on structural plans, and he shall take the responsibility for the fit of the new steel to the existing work. 300.09- SAFETY The Contractor/Erector shall provide barricades and other devices consistent with standard erection procedures and in accordance with the Occupational Safety and Health Act of 1970 (OSHA). 7%°1 F-7NUR 36.7 Si Jig! P r; •,lien Con:as D.:s. s3uO-s -f ra.5..,..,.. 300 - 2 SP Item 304.1 -WELDING 304.01 GENERAL All welding shall conform to the requirements of the "Structural Welding Code" AWS D1.1 latest revision, ANSI/AWWA D100-05 latest revision and these specifications. Inspection of welding made to control the quality of welds and workmanship will be performed in accordance with the requirements of the AWS. All welding may be subject to radiographic or other nondestructive testing. Such nondestructive testing will be performed without charge to the Contractor except that if a weld is shown to be defective, all cost involved in re-inspection shall be borne by the Contractor. Weld metal shall be sound throughout, except that very small gas pockets and small inclusions of oxide or slag may be permitted if well dispersed and if none exceeds 1.6mm(1/16 inch) in greatest dimension, and provided further that the sum of the greatest dimension of all such defects in any 25mm(1 square inch) weld area does not exceed 10mm(3/8 inch). All welding shall be performed in such a manner that the Brinnell hardness of the weld metal and heat-affected zone is within the following limits: All welding of structural steel (ASTM A 36, A 242, and A 441 latest revisions) shall be performed by either the submerged or gas-shielded arc process, or with low hydrogen electrodes. Low hydrogen electrodes for welding low alloy steel shall conform to the requirements of the Military Specifications for Electrodes (mineral covered, low hydrogen) for Welding Medium and High Tensile Steels, MIL-E-18038 (Ships). All welding of low alloy structural steel shall be qualified by procedure tests before fabrication is commenced. Low hydrogen electrodes shall be stored for holding in an approved low hydrogen oven temperature of from 150 304.1 - 1 S�' SCHAUMBURG POLK Item 304.1 -WELDING Unless otherwise shown on the Plans of specified, erection bolts require for welded splices of welded connections may be left in place and the ends of all such erection bolts which project beyond the nut shall be burned off flush with the face of the nut. Where the bolt does not project, the end of the bolt and nut shall be tack welded to prevent loosening of the nut. Burning off projecting bolt ends and tack welding shall be performed prior to painting. Electroslag and elctrogas welding will not be permitted without the written approval of the Engineer. 304.02 QUALIFICATION OF WELDING PROCEDURES, WELDERS, AND WELDING OPERATORS A. General. Joint - welding procedures to be used for work under the provisions of this standard and welders and welding operators shall be qualified by tests. General requirements for qualification shall be in accordance with ANSI/AWS D11.1, Sec. 4., Qualification, part A. (NOTE: A pipeline is not "tubular construction" as defined in ANSI/AWS D1.1 Sec. C2, C2.35.) B. Welding-procedure qualification. Certain joint-welding procedures as outlined in ANSI/AWS D1.1, Sec. 3, Prequalification of Welding Procedure Specifications, are prequalified and are exempt from tests. Other procedures shall be qualified in accordance with ANSI/AWS D1.1, Sec. 4, part B, Welding Procedure Specifications.* Written procedures shall be prepared by the contractor and shall be made available to the welders at the jobsite and to those authorized to examine the welds. C. Welder and welding-operator qualification. Welders and welding operators shall be qualified by tests as prescribed in ANSI/AWS D1.1, Sec. 4, Part C.t D. Qualifications. ANSI/AWS D1.1 qualifications for welders and welding operators shall be considered as remaining in effect indefinitely unless (1) the welder or welding operator has not been engaged in a similar process of welding for which he or she has been prequalified for a period exceeding six months prior to work on a product involving this standard; and (2) there is some specific reason to question a welder's or welding operator's ability. E. Records. Records of the test results shall be kept by the contractor and shall be available to the owner. 0.7,24 304.1 - 2 �- SCHAUMBURG ' POLK ITEM 460 - DISINFECTION OF WATER TANK 460.01 -GENERAL This section of the technical specifications provides for the following: 1. Preparation of the water compartment for disinfection. 2. Disinfection of the water compartment. 3. Testing of water by a Texas Commission on Environmental Quality (TCEQ) Approved Laboratory. 460.02- PREPARATION TO WATER COMPARTMENT After all erection, repairs, and painting are completed, the Contractor shall "air" the inside of the water compartment in accordance with the coating manufacturer's curing recommendations. During this time, the Contractor shall not leave any of the roof manways or other roof fittings open at any time there is a chance of rainfall. Before the start of the disinfection procedures, Contractor must remove all construction equipment, scaffolding, rigging, rags, paint containers, blast products,dirt, debris,or any other loose items not a part of the tank and shall hose down all inside surfaces with potable water to flush out blast products and any remaining debris from all the hard to reach areas. 460.03- DISINFECTION All inside surfaces of the water compartment shall be disinfected in accordance with the latest edition of the AWWA C-652, "Disinfection of Water Storage Facilities". 460.04-TESTING After the disinfection procedure is completed,and before the tank is placed in service,water from the full tank shall be sampled and tested for coliform organisms by a TCEQ Approved Laboratory. Should the samples tested not be acceptable, the tank will be drained by the Owner and the disinfection procedures as outlined in Paragraph 460.03 above shall be repeated by the Contractor until acceptable test samples are obtained. _„7 SNu,A 1ST Hchabl,;,,on Contract 450-D sctr a;...a dog SPI 460 - 1 SCHAUMBURG POLK. ITEM 600 - PAINTING 600.01 - GENERAL 1. This specification covers surface preparation, performance, and completion of painting and finishing of all exterior and interior surfaces as required by the drawings and as specified herein. 2. All materials delivered to the job site shall be in original sealed and labeled containers of the paint manufacturer. 3. Coatings shall be applied during good painting weather. Air and surface temperatures shall be within limits prescribed by the manufacturer for the coating being applied, and work areas shall be reasonably free of airborne dust at the time of application and while coating is drying. 600.02 - MATERIALS 1. All Materials provided for herein shall be as manufactured by one or more of the following: The Sherwin-Williams, Tnemec Co., International Paint LLC or Carboline. 2. Equivalent materials of other manufacturers may be submitted for pre- approval of the Engineer. Requests for substitution shall include manufacturer's literature for each product giving the name, generic type, descriptive information, solids by volume, and recommended dry film thickness. No request for substitution shall be considered that would decrease film thickness and/or number of coats or offers a change in the general type of coating specified. 3. Colors, where not specified, shall be selected by the Owner. 4. All coats of paint for any particular surface shall be from the same manufacturer 600.03 - SUBMITTALS 1. After award of the contract, and before delivery of any paint materials to the job site, the Contractor shall submit to the Engineer a complete list of all materials proposed to be furnished and installed under this portion of the work. This shall in no way be construed as permitting substitution of materials for those specified or approved for this work by the Engineer. 2. The Contractor shall submit to the Engineer two copies of the full range of colors available in each of the proposed products. 3. When required by the Engineer, the Contractor shall prepare and deliver to the Engineer two identical sets of samples of the selected colors painted into 8-1/2 inch x 11-inch pieces of material. Whenever possible, the material for samples Z_ :ra aTAP,TIIUR";617 SG���9;5 E.ST Rrrb� � tronCmnrncl onim c�s'spccs�6C0-Pa� g ttoc sp � 600 - 1 '� SCHAUMBURG - POLK, ITEM 600- PAINTING shall be the same material as that which the coating will be applied to in the work. 600.04- SURFACE PREPARATION 1. All surfaces to be painted shall have all contaminants removed that will interfere with the full development of adhesion of the coating system. 2. The method of surface preparation shall be as indicated below, depending upon the type and concentration of contaminants and the specific requirements of the coating system being used. a. Ferrous Metal (1) Submerged Surfaces - Shop and/or Field Cleaning: SP-10 Near- White Blast Cleaning (2) Non-Submerged Surfaces: Shop and/or Field Cleaning: SP-6 Commercial Blast Clean; SP-1 and SP-2 Solvent and Hand Tool Clean b. Non-Ferrous and Galvanized Metal - SP-1 Solvent Cleaning c. Masonry Surfaces - Pressure wash masonry and wood surfaces to remove all dirt and loose paint. 600.05 -APPLICATION 1. Materials shall be mixed, thinned, and applied according to the manufacturer's printed instructions. 2. Each coat shall be allowed to dry as prescribed in the manufacturer's technical data sheet prior to application of the succeeding coat. 3. All work shall be cut in neatly, and finish coats shall be uniform in color and texture without streaks, laps, heavy build-ups, runs, sags, or missed areas. 600.06 FIELD PAINTING 1. All painting at the site of the work is hereby defined as field painting and shall be under the direction of the Engineer to the extent that he shall determine where and when painting may be done. All surfaces to be painted shall have their readiness for painting approved by the Engineer before work is started. Surfaces of exposed members inaccessible after erection shall be cleaned and painted prior to erection. 2'Vif.RitNH"t;tl Spw97 GSi RehalfO.ncn',Contrat Docs specs 600-Painhnp(Jac 600 - 2 z. a CHAUMBURG RJLK ITEM 600 - PAINTING 2. Before final acceptance of the project, any damaged paint surfaces shall be touched up or repainted, as directed by the Engineer. 600.07 - DRY FILM THICKNESS - (DFT) 1. The Contractor shall apply all coatings to the dry film thickness indicated in Item 600.08 below. 2. The contractor shall provide and make available to the Engineer a dry film thickness gauge to prove the dry film thickness of the paint applied. 600.08 - PAINTING SCHEDULE 1. Exterior Steel - Structural, Tanks, Piping, and Equipment - Non-Immersion a. Zinc/Epoxy/Urethane 1St Coat: Inorganic Zinc Primer 3.0 - 5.0 mils DFT 2nd Coat: Epoxy Primer 4.0 - 6.0 mils DFT 3rd Coat: Polyurethane 3.0 - 6.0 mils DFT b. Epoxy/Urethane 1St Coat: Polyamide Epoxy 4.0 - 6.0 mils DFT 2nd Coat: Polyurethane 3.0 - 6.0 mils DFT 2. Concrete Masonry Units and Porous Masonry Latex Block Filler/Acrylic/Acrylic 1st Coat: Latex Block Filler 10 - 18 mils DFT 2"d Coat: Water-based Acrylic 2.5 - 4.0 mils DFT 3rd Coat: Water-based Acrylic 2.5 - 4.0 mils DFT 3. Wood Surfaces - Exterior 1st Coat: Exterior Oil Wood Primer 2.0 - 3.0 mils DFT 2nd Coat: Alkyd Enamel 2.0 - 4.0 mils DFT Z.PiARTn L'R'$617 Spur93 EST Rehabilitation Contract DOcslspecsl600•Palnting.tloc SPI 600 - 3 SD-IAUMBURG • POLK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 601.01 General 1. This specification shall provide for the surface preparation and coating and lining of the interior and exterior surfaces of potable water storage tank. 2. The locations are as described in "Scope of Work." 3. All surfaces of the tank(s) and all associated piping, equipment, and supports are to be coated excluding aluminum, nickel, copper, bronze, chromium, previously uncoated galvanized, stainless steel, rubber and fiberglass. 4. This specification will constitute the minimum requirements. No changes or modifications will be permitted unless prior written approval is obtained from Engineer. If there are any conflicts between this document and any referenced standards, this document takes precedence. 5. The Contractor and/or approved subcontractors and coating manufacturer (supplier) will be required to submit a joint quality control/quality assurance plan to demonstrate compliance with the minimum requirements of this specification. The plan should provide for sufficient testing and observations needed for warranty of the coating system. 6. Contractor must provide all necessary manpower, supervision, materials, application, inspection, equipment, dehumidification and ventilation, lighting, proper electrical grounding of equipment, shrouding, containment and access to successfully and safely complete the job requirements. 7. The successful bidder shall comply with all rules and requirements of the TCEQ. Specifically, control of air pollution and visible emissions from particulate matter are to be done in accordance with Title 30, Texas Commission on Environmental Quality, Texas Air Control Board Chapter III, Control of Air Pollution from Visible Emissions and Particulate Matter Abrasive Blasting of Water Storage Tanks Performed by Portable Operations, 30 TAC 111.131 through 139. 8. The successful bidder must comply with all federal, state and/or local laws and regulations pertaining to the protection of the environment for all phases of work described herein. 9. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction, promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54), and updated laws and acts. Compliance with OSHA Standards per 29 CFR 1926 and 29 CFR 1910 is to be enforced by the CONTRACTOR. 10. Requirements for handling, testing and disposal of all generated hazardous and non- hazardous waste shall be in accordance with SSPC-PA Guide 3 and Coating Manufacturer's Material Safety Data Sheet. 11. 3`d Party Inspectors, Engineer, Material Suppliers and representatives of Federal, State and local agencies, directly or indirectly involved with the project, shall have access to the work, whatever it is, in preparation or progress, and the Contractor shall provide proper facilities for such access and inspection. .. �"— .- .,.. - ,,..1 ES I Iti,Ir'I•11tU:•:Otrlr.r1 l)Ut.s..G-.S liar l.I'i.nl nr)I,nkS 4 t t'rnt:rn.E-I,;e5t.:.:Cx s pi Y� 601 - 1 P4-3-1A1 IMRI IRf fan K Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 12. The scope of work addresses possible lead conditions and other regulated contaminants. The contractor will be required to contain and dispose of waste materials in accordance with all applicable federal, state, and local regulations and the requirements of this specification. The contractor shall not be entitled to additional compensation for efforts necessary to contain and dispose of waste as identified in the scope of work. 13. The inspection report included in this document must be properly and completely filled out by an on-site Contractor employee or approved representative, with a minimum current NACE Level 1 Inspector Certification, and submitted to the engineer on a daily basis. 14. Contractor to provide daily site clean-up. 15. Provide sufficient lights (not handheld flashlights) and intensity as defined by the Engineer or his representative to allow proper abrasive blasting and coating application. Lights shall be explosion-proof. 16. No penetrations through any portion of the tank shell, floor or roof shall be permitted without with the written approval of the Engineer or his representative. Contractor shall submit for approval any request for penetrations in writing. Engineer may require submittal to be signed and sealed by a licensed structural engineer at no cost to the Owner. 17. Contractor is advised that existing interior and exterior of the tank will have an existing blast profile from previous coating application. It is the Contractor's responsibility to utilize correct abrasive and equipment to provide the anchor profile specified herein. 18. Cleaning Between Coats: After the application of the prime coat, the exterior surfaces of the tank shall be thoroughly waterjet cleaned as per SSPC-WJ-4/NACE WJ-4, Paragraph 6.1.1.1 with a maximum pressure of 1,800 psi immediately prior (same day) to the application of the succeeding coating. Surfaces that are washed but not coated that same day shall be re-washed immediately prior to the application of the succeeding coating. Surfaces to be coated shall be dry, clean and free of all visible and non-visible contaminants. 19. Upon final acceptance for all coating and linings work, and proper cure, the Contractor must disinfect the interior of the tanks, with a method approved by the Engineer. 601.02 Submittals The awarded Contractor must submit a detailed plan for implementation and execution for this project, before beginning work. The Contractor must thoroughly and completely review this and any other submittals with the Engineer's Job Representatives at the pre-job conference, and the submittal must include the following, as a minimum, and be accepted by the Engineer's Job Representative: 1. The overall plan ensures that all applicable safety processes are in place at all times. 2. A list of the equipment necessary to complete this project, along with verification that all equipment is in proper safe working condition, before moving on site. Equipment shall have properly functioning regulators and pressure gauges. 3. A plan to be submitted jointly with supplier, detailing on-going quality control processes to meet specifications for the surface preparation and application of all coatings. 4. A list of any proposed subcontractors. Z PTAklnU ;61 Sp'.:ri5 LSTI `,U1 la; Connact Docs'specs lsot.Parh jTanks-PCStonna.^.t6-41eSI oocx SPI 601 - 2 ...-.. 1 A 1 It•111 at-sr, .-V-+1 1. Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 5. The latest PDS & MSDS sheets of all paint, solvent, and blasting materials must be submitted to Engineer and be on site. 6. A detailed plan to provide continuous ventilation and dehumidification for the internal tank lining, with a maximum of 50% relative humidity, from the start of surface preparation through final lining cure. Include Supplier's specific ventilation requirements for products used on interior surfaces. Ventilation requirements shall be provided to ensure adequate evacuation of solvents to prevent solvent entrapment, worker exposure to solvents above the OSHA PEL and provide for timely coating system cure. Equipment capacity must be sized and stated per NACE Publication 6A192. 7. The type of abrasive to be used, and that it is capable of generating the specified blast profile and type, and applicable quality control testing. 8. A detailed plan for the proper removal, handling and disposal of any lead based coatings or linings. 9. Confirmation that Contractor has obtained all permits necessary to complete the surface preparation and coatings work designated for this project, including removal, handling and disposal of used abrasive, hazardous and/or toxic waste materials. For blasting and painting water storage tanks, the Contractor shall perform work in compliance with Title 30., Texas Commission on Environmental Quality, Texas Air Control Board Chapter III., Control of Air Pollution from Visible Emissions and Particulate Matter Abrasive Blasting of Water Storage Tanks Performed by Portable Operations, 30 TAC 111.131 through 139, latest revisions. 10. A detailed plan to protect the surrounding area, including but not limited to, persons, property, vehicular traffic, any area rotating equipment, gauges, and the drainage systems from over-blast, contaminants, spent abrasives and paint overspray, and provisions for repair of damage in a timely manner, in the submittal. 11. Supplier's statement of conformance with ANSI/NSF 61 (NSF International) requirements for use on potable water tank interior surfaces. 601.03 Containment 1. The Contractor shall provide a containment system which allows for the containment of the environmentally sensitive waste, dust and paint over spray that will be generated during the blasting and paint operations. Containment plans must be designed by a licensed professional structural engineer and sealed. Plan must be submitted and approved by the Engineer before starting work. 2. When a tank is to be rehabilitated and the coatings to be removed contain lead, containment shall at a minimum conform to the requirements of TCEQ Texas Air Control Board Regulation I, 30 TAC Chapter 111 Sections 131 through 139 and meet the performance requirements of SSPC Guide 7 - Guide for the Disposal of Lead- Contaminated Surface Preparation Debris. 3. If the Contractor elects to wet abrasive blast or vacuum abrasive blast, and roller apply or brush-on coatings, the containment system requirements, if any, shall be submitted to the Engineer. However, impervious ground coverage shall be used at all times. Z.i 14f.T,L1.. t Docs specs'6OI.1,ainttn)ranks-Performance•Ia:Est oocx . 601 - 3 C(' AI IAARI no. orb V Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 4. Containment system proposed by the Contractor must assure the protection of the surrounding environment and must provide sufficient protection to meet: TCEQ Texas Air Control Board regulations for the Control of Air Pollution and Visible Emissions of Particulate Matter; Texas Water Commission regulations applicable to protection of the soil and water; and SSPC-PA Guide 3 and SSPC Guide 6. 5. Construct containment system with wind screens of a minimal shade factor as specified in the Submittal, or as required below, with no emission from edges, rips, or tears. The containment system must be designed for the purpose of containing and controlling emissions, debris and protecting the air, ground and soil from contaminants resulting from lead paint removal, surface preparation and painting operations. 6. The containment system shall provide a safe working environment and provide for control of emissions as required in SSPC-PA Guide 3. 7. For rehabilitating an existing tank, a Containment System meeting the requirements of an SSPC Class 2 containment, per SSPC Guide 6 (CON), shall be employed when lead containing paint is to be removed by abrasive blast cleaning methods. 8. The containment materials must provide for performance which will comply with the following: a. Protection of the environment, including air, water and soil, from abrasive blast media, process water, dust particles and paint debris. b. Air movement within containment. c. Secure edges and seams. d. Permeable to natural lighting, unless alternate lighting is to be provided e. Tarp overlap to provide for maximum containment of spent debris. 9. The containment system shall be maintained free of defects through the course of the project. In the event that emissions or releases occur which exceed the requirements established in SSPC-PA Guide 3, work shall be stopped until all defects are repaired. 10. Prior to installation the containment system design must be submitted and reviewed by the Engineer. In addition, for work on elevated water storage tanks, the containment enclosure shall be designed to be raised and lowered within 15 minutes to prevent damage to the enclosure, the tank, personnel, and excessive loading to the tank and tank appurtenances in the event of high winds and foul weather. Provide limits for use of containment (wind speed, rain, etc.). 11. Membranes that are impervious to the abrasive blast media, paint debris dusts, and process water shall be placed on the ground around the tank to prevent contamination of the ground storm waters and surface waters due to run-off. The debris must be contained within 30 feet of the base of the tank. 12. Prior to any changes or modifications in the containment system during the course of the work, proposed changes and modifications must be submitted in writing and reviewed by the Engineer. The submittal shall address the operational and technical reasons for containment modifications 601.04 ENVIRONMENTAL REQUIREMENTS FOR APPLICATION 1. Tank Interior- Humidity and Temperature 2 TAP 11UrFt-nihiancn Comma DOcs 5Prc5.G07-FynLnp tanks-Vt•i(oimwnce•latestdocx 601 - 4v � IAAPI IL7r_ cry le Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS a. During abrasive blast cleaning and painting operations, the relative humidity of the interior air shall not exceed fifty percent (50%). Relative humidity shall be measured by a sling psychrometer or other appropriate psychometric measuring equipment. b. The interior air temperature and temperature of surfaces to be coated shall be between 50°F and 120°F and at least 5°F above the dew point or as otherwise required by the manufacturer. c. The Contractor shall achieve the required conditions for interior air conditions through the use of dehumidification equipment. d. Proposed dehumidification equipment must be submitted for review by the Engineer. Provide a minimum of three air changes per hour unless dehumidification equipment manufacturer's calculations substantiate fewer air changes. e. The dehumidification equipment shall supply dry, fresh (not recirculated) air to include the all tank surfaces, including the tank bottom, from a system of duct work and blowers. This ventilation system shall operate 24 hrs/day throughout the entire coating cure process. f. Dehumidification shall be maintained until abrasive cleaning operations, coating operations and cure are complete, but not less than ten (10) days. 2. Tank Exterior- Humidity and Temperature a. No coating shall be applied to wet or damp surfaces, or in rain, snow, fog or mist. b. No coatings shall be applied when it is expected that the ambient air temperature will fall below 509F or within 59F of the dew point within 6 hours after application of coatings or paints. c. No coating shall be applied when the relative humidity is exceeded as specified in the coating manufacturer's product data sheet. Relative humidity and dew point shall be measured by use of a Sling Psychrometer in conjunction with US. Department of Commerce Weather Bureau Psychometric Tables. If the above conditions are exceeded, coating or painting operations shall be delayed until conditions are favorable. d. The ambient conditions and surface temperature of the surfaces being coated must be between 50°F and 120°F. The surface temperature shall be at least 5°F above the dew point or within the manufacturer's recommendations. During application of urethane coatings the maximum surface temperature shall be 100°F. 601.05 SURFACE PREPARATION 1. The latest revision of the following surface preparation specifications of the Society for Protective Coatings (SSPC) shall form a part of this specification. The summaries listed below are for informational purposes; consult the actual SSPC specification for full detail. a. Solvent Cleaning (SSPC-SP1): Removal of oil, grease, soil and other contaminants by use of solvents, emulsions, cleaning compounds, steam cleaning or similar materials and methods which involve a solvent or cleaning action. in;r;fct Uuc55V�'csnlnp lanY.S- -I�;1ti1.Jo:x ��� 601 - 5 Fri-1.6.1 IMRI iRf; Pfl K Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS b. Hand Tool Cleaning (SSPC-SP2): Removal of loose rust, loose mil scale and other detrimental foreign matter to a degree specified by hand chipping, scraping, sanding and wire-brushing c. Power Tool Cleaning (SSPC-SP3): Removal of loose rust, loose mil scale and other detrimental foreign matter by power wire-brushing, power impact tools or power sanders. d. White Metal Blast Cleaning (SSPC-SP5/NACE No. 1): Air blast cleaning to a gray-white uniform metallic color until each element of surface area is free of all visible residues. e. Commercial Blast Cleaning (SSPC-SP6 NACE No. 3): Air blast cleaning until at least two-thirds of each element of surface area is free of all visible residues. f. Brush-Off Blast Cleaning (SSPC-SP7 NACE No.4): Air blast cleaning to remove loose rust, loose mil scale and other detrimental foreign matter to a degree specified. g. Near-White Metal Blast Cleaning (SSPC-SP10 NACE No. 2): Air blast cleaning until at least 95% of each element of surface area is free of all visible residues. h. Power Tool Cleaning to Bare Metal (SSPC-SP11): Differs from SSPC-SP3 in that it requires more thorough cleaning and a surface profile not less than 1 mil. 2. Slag, weld metal accumulation and spatters not removed by the Fabricator, Erector or Installer shall be removed by chipping and/or grinding. All surface defects such as gouges, pits, welding and torch-cut slag, welding flux and splatter, etc. shall be removed by mechanical means in accordance with SSPC-SP3 and/or NACE SP0178. All sharp edges shall be peened, ground or otherwise blunted as required by the Engineer or his representative. All grinding and finishing of welds, edges, etc. shall be performed prior to solvent cleaning and abrasive blasting. Welds shall be prepared as per NACE Standard SP0178 for all interior and exterior surfaces: a. Butt Welds: Shall be ground smooth and free of all defects, designation "D". b. Lap Welds: Shall be ground smooth and blended, designation "D". c. Fillet Welded Tee Joint: Shall be ground smooth and blended, designation "D". 3. Prior to abrasive blasting, all surfaces, both interior and exterior surfaces, shall be thoroughly pressure-washed to remove all dust, dirt, oil, grease and other contaminants, both visible and non-visible. 4. Field blast cleaning for all surfaces shall be by dry method unless otherwise directed. Blast nozzles shall be venturi-type nozzles with a minimum pressure at the nozzle of 90 psi. 5. Contractor is advised that existing interior and exterior of the tank will have an existing blast profile from previous coating application. It is the Contractor's responsibility to utilize correct abrasive and equipment to provide the anchor profile specified herein. Particle size of abrasives used in blast cleaning shall be that which will produce the specified surface profile or in accordance with recommendations of the manufacturer of the specified coating or paint system to be applied. SPI PTARTNOR:3!.17, 93 EST-Pei al o Lennact DOC,"secs 6O1•Pamliml Tanks-Peitutmance-Lnnsl Soca 601 - 6 SCHAUMBURG POUC Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS Prior to undertaking full-scale abrasive blasting operations, the Contractor shall perform a test blast on both the exterior and the interior of the tank in the presence of the Engineer or his representative. The test section shall be a minimum of five (5) feet high by five (5) feet wide. The Engineer or his representative shall verify that the surface cleanliness and profile meet the requirements of this specification before work is allowed to proceed. In the event the test section fails to comply with the requirements of this specification, the Contractor shall be required to make suitable changes to the equipment and/or abrasive material and perform a additional test sections until compliance with the specification is demonstrated. If the profile of the blasted steel exceeds the profile specified above, the Contractor shall be required to do one or both of the following: a. Re-blast the surface using a finer aggregate in order to produce the required profile. b. Apply a thicker prime coat, if possible given the limitations of the products being applied, in order to adequately cover the blast profile 6. Abrasive used in blast cleaning operations shall be new, washed, graded and free of contaminants that would interfere with adhesion of coating or paint and shall not be reused unless specifically approved in writing by the Engineer. Neither coal slag nor copper slag as blast media will be permitted. 7. During blast cleaning operations, caution shall be exercised to insure that existing coatings or paint are not exposed to abrasion from blast cleaning. 8. The Contractor shall keep the area of his work and the surrounding environment in a clean condition. He shall not permit blasting materials to accumulate as to constitute a nuisance or hazard to the accomplishment of the work, the operation of the existing facilities or to the surrounding environment. 9. Blast cleaned surfaces shall be cleaned prior to application of specified coatings or paint. All surfaces shall be free of dust, dirt, and other residue resulting from the abrasive blasting operation. No coatings or paint shall be applied over damp or moist surfaces. 10. All welds shall be neutralized with a suitable chemical compatible with the specified coating or paint as required. 11. Pitted areas on the tank interior shall be repaired by either filling with a 100% solids epoxy manufactured by the coating manufacturer and certified for use in potable water storage tanks as per ANSI/NSF Standard 61 or by welding. Epoxy filler shall be feathered smooth. Filler shall be applied between the prime coat and succeeding coat. No protrusions or spatter will be allowed. Pits deeper than 1/8" shall be filled by welding. 12. Specific Surface Preparation: Surface preparation for the specific system shall be as noted in Section 601.07-Sections 4, 5, and 6 13. Surface shall be checked in three locations for the presence of chlorides, free iron and sulfates. New tanks shall be tested prior to abrasive blasting, tanks being rehabilitated shall be tested prior to blasting. If blisters are present in existing tank, testing shall also be performed after abrasive blasting. These tests are an Iron Test (Fez+), Chloride Test and Sulfate Test. Testing shall be carried out as per SSPC Technology Guide 15 "Field Methods for Retrieval and Analysis of Soluble Salts on Steel and Other Nonporous Substrates". The maximum limits for these contaminants shall be: a. The maximum level of chlorides is 30 milligrams per square meter or 3 micrograms per square centimeter. SPI L.'P 3AR f'.. 1' ^ 7 >.,._S� ll ••'•t' •.ra'1(JU(S.SpeCS 7an1, ml 5-VCIfnanCe Ia.SI.4J:z } 601 - 7 SCHAUMBURG POLK. Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS b. The maximum level of sulfates is 100 milligrams per square meter or 10 micrograms per square centimeter. c. The maximum level of ferrous ions (Fe2*) is 50 milligrams per square meter or 5 micrograms per square centimeter. d. Contamination levels above these limits will require washing and retesting in accordance with Item 2 (below) until the surface is under the allowable limits. If testing shows amounts present in the test solution to be greater than the limits listed herein, the Contractor shall clean the surface of the entire tank interior with a 5,000 psi water blast with fine entrained abrasive until the levels in the test solutions are below the maximum acceptable level. Alternate cleaning methods may be allowed with prior approval of the Engineer. Surface shall be re-blasted as specified in 2.04 at no additional cost to the Owner. Contractor shall provide a written statement from paint manufacturer stating that the maximum acceptable levels are not less than those listed herein. Results of the testing shall be provided to the Owner before any coatings are applied. The following test kits are approved for use on this project: a. Chlor*Rid Chlor*Test Kit b. KTA SCAT Test Kit c. Test kits from other vendors shall be submitted to the Engineer for prior approval before use. 14. Cleaning Between Coats: After the application of the prime coat, the exterior surfaces of the tank shall be thoroughly waterjet cleaned as per SSPC-WJ-4/NACE WJ-4, Paragraph 6.1.1.1 with a maximum pressure of 1,800 psi immediately prior (same day) to the application of the succeeding coating. Surfaces that are washed but not coated that same day shall be re-washed immediately prior to the application of the succeeding coating. Surfaces to be coated shall be dry, clean and free of all visible and non-visible contaminants. 601.06 COATING 8 LININGS 1. MATERIAL REQUIREMENTS Materials submitted for this project shall meet the performance characteristics listed below. Testing shall be performed using the same surface preparation as specified for the coating system, unless specified otherwise herein. Test reports shall be provided by the coating manufacturer. Where questions arise, certified reports may be requested from the manufacturer at no cost to the Owner. Coating system to be as manufactured by International Paint, Tnemec, Carboline, or prior approval equivalent. Contractor shall submit request in writing to the Engineer prior to bidding. a. Organic Zinc-Rich Primer 1. Adhesion: Minimum 1,400 psi as per ASTM D4541, Type II Gage 2. Adhesion: Minimum 1,900 psi as per ASTM D4541, Type V Gage 3. Salt Fog: Minimum 10,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 1/16" rust creep at scribe. L'VIAF:I NUR:;631 LSI ;a! Docs:SGecs'b07-Pein;ng larIa-vedormance-ieiesf tl•c. SP� 601 - 8 SCHAUMBURG FOLK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 4. Minimum zinc load: 83% in the dried film 5. Single Component b. Two-Component Polyamide Epoxy 1. Adhesion: Minimum 1,500 psi as per ASTM D4541, Type II Gage 2. Adhesion: Minimum 1,800 psi as per ASTM D4541, Type V Gage 3. Salt Fog: Minimum 8,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 1/8" rust creep at scribe. (Two coats) 4. Salt Fog: Minimum 10,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 1/8" rust creep at scribe. (Two coats over organic zinc-rich primer.) 5. Prohesion: Minimum 5,000 hours as per ASTM G85. No blistering, checking, cracking, rusting, delamination or peeling. No more than 1/8" rusting at scribe. 6. Mix ratio shall be 1A:1 B c. Two-Component 80% Solids Amine Epoxy 1. Adhesion: Minimum 1,600 psi as per ASTM D4541, Type II Gage 2. Adhesion: Minimum 1,800 psi as per ASTM D4541, Type V Gage 3. Salt Fog: Minimum 10,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 3/16" rust creep at scribe. (Two coats.) 4. Salt Fog: Minimum 10,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 1/16" rust creep at scribe. (Two coats over organic zinc-rich primer.) 5. Prohesion: Minimum 5,000 hours as per ASTM G85. No blistering, checking, cracking, rusting, delamination or peeling. No more than 1/8" rusting at scribe. 6. Immersion: No blistering, cracking, rusting or delamination after 2,000 hours continuous immersion in 140°F deionized water, ASTM D870. (Two coats.) 7. Mix ratio shall be 2A:1 B d. Two-Component 100% Solids Amine Cured Epoxy 1. Adhesion: Minimum 1,900 psi as per ASTM D4541, Type II Gage, applied directly with no primer. 2. Adhesion: Minimum 2,400 psi as per ASTM D4541, Type V Gage, applied directly with no primer. 3. Salt Fog: Minimum 9,000 hours as per ASTM 8117. No blistering, cracking, delamination or peeling, no rust creep at scribe when tested over organic zinc-rich primer. 4. Salt Fog: Minimum 9,000 hours as per ASTM 8117. No blistering, cracking, delamination or peeling, no rust creep at scribe. (Two coats.) SPI ZaPI AR I HUR3b17 SOur93 LS 1 Rehabilrtatlon'Contract Uocsspecs,6U 1-PamunU I arks-Perlmmance-latest Uocx 601 - 9 SCHAUMBURG POIK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 5. Prohesion: Minimum X hours as per ASTM G85. No blistering, checking, cracking, rusting, delamination or peeling. No more than 1/8" rusting at scribe. 6. Cathodic Disbondment: Classification Group A with 0.000 disbonded equivalent circle diameter when tested as per ASTM G8 (1.5 V), tested over SSPC-SP5 prepared surface. 7. Humidity: Minimum 2,000 hours, no rusting, cracking, blistering when tested over organic zinc-rich primer as per ASTM D4585. 8. Cyclic Fog: No blistering, cracking, rusting or delamination and no more than 1/16" rust creep at scribe after 10,000 hours, ASTM D5894, over organic zinc-rich primer. 9. Immersion: No blistering, cracking, rusting or delamination after 2,000 hours continuous immersion in 140°F deionized water, ASTM D870, over organic zinc-rich primer. 10. Mix ratio shall be 1A:16 e. Two-Component Aliphatic Polyurethane 1. Adhesion: Minimum 1,100 psi as per ASTM D4541, Type II Gage. (Tested over organic zinc-rich primer.) 2. Adhesion: Minimum 1,800 psi as per ASTM D4541, Type V Gage. (Tested over organic zinc-rich primer.) 3. Salt Fog: Minimum 3,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 1/16" rust creep at scribe. (Tested over organic zinc-rich primer.) 4. QUV Exposure: No more than 2.7 DED FMCII (MacAdam) color change after 2,000 hours when tested as per ASTM D4587 (UVA-340 bulbs, Cycle 4: 8 hours UV/4 hours condensation). 5. Prohesion: Minimum 15,000 hours as per ASTM G85. No blistering, checking, cracking, rusting, delamination or peeling. No more than 3/16" rusting at scribe. (Tested over epoxy primer.) 6. Humidity: Minimum 2,000 hours, no rusting, cracking, blistering when tested over organic zinc-rich primer as per ASTM D4585. 7. Exterior Exposure: No blistering, cracking or chalking, not less than 86% gloss retention after 500 MJ/m2 exposure as per ASTM D4141, Method C. 8. Mix ratio shall be 4A:113 f. Two-Component Fluoropolymer Polyurethane 1. Adhesion: Minimum 1,300 psi as per ASTM D4541, Type II Gage. (Tested over organic zinc-rich primer and aliphatic polyurethane coating.) 2. Adhesion: Minimum 1,900 psi as per ASTM D4541, Type V Gage. (Tested over organic zinc-rich primer and aliphatic polyurethane coating.) 3. Salt Fog: Minimum 10,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 1/16" rust creep at scribe. (Tested over organic zinc-rich primer.) FInHflIUP ib i;"ItuLs1 I.:' n r__IUJ:s ecs.G'1I.1,t,nlnp tanks-Pertormance•Idlest doe 601 - 10 SCHAUMBURG POLK. Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 4. QUV Exposure: No more than 2.3 DED FMCII color change and not less than 93% gloss retention after 10,000 hours when tested as per ASTM D4587 (UVA-340 bulbs, Cycle 4: 8 hours UV/4 hours condensation), average of five colors. (Tested over two-component polyamide epoxy.) 5. Humidity: Minimum 3,000 hours, no rusting, cracking, blistering as per ASTM D4585. (Tested over organic zinc-rich primer.) 6. Exterior Exposure: No blistering, cracking or chalking, not less than 96% gloss retention and no more than 2.0 DED Hunter Lab Scale color change after 1,260 MJ/m2 exposure as per ASTM D4141, Method C, average of five colors. 7. Weathering: Shall meet the requirements of ASTM D1014, Method C (EMMAQUA) with a minimum 99% gloss retention and not more than 0.25 DEHUNTER color change (white) after a minimum of 1,500 MJ/m2 (69,109 MJ/m2 total); a minimum 83% gloss retention and not more than 0.42 DEHUNTER color change (white) after a minimum of 3,500 MJ/m2 m2 (128,951 MJ/m2total). 8. Mix ratio shall be 5A:1B g. Two-Component Inorganic Hybrid Water-Based Epoxy 1. Adhesion: Minimum 1,400 psi as per ASTM D4541, Type V Gage, (two coats, SSPC-SP10 prep) 2. Adhesion: Minimum 1,100 psi as per ASTM D4541, Type V Gage, (over organic zinc-rich primer, SSPC-SP10 prep) 3. Salt Fog: Minimum 6,200 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 3/16" rust creep at scribe. (One coat, SSPC-SP10 prep) 4. Immersion: Minimum 5,000 hours in DI water as per ASTM D870. No blistering, cracking, rusting, delamination, (over zinc-rich primer, SSPC- SP10 prep) 5. Mix ratio shall be 1A:16 h. Two-Component Hybrid Urethane 1. Adhesion: Minimum 1,800 psi as per ASTM D4541, Type II Gage. (Tested over two-component polyamide epoxy.) 2. Salt Fog: Minimum 6,000 hours as per ASTM B117. No blistering, cracking, delamination or peeling. Not more than 1/16" rust creep at scribe. (Tested over organic zinc-rich primer, two-component inorganic hybrid water-based epoxy.) 4. QUV Exposure: No blistering, cracking, chalking or delamination, no more than 1.4 DED FMCII color change and not less than 83% gloss retention after 10,000 hours when tested as per ASTM G53 (UVA-340 bulbs, 8 hours light, 4 hours dark). (Tested over two-component polyamide epoxy.) 5. Humidity: Minimum 2,000 hours, no rusting, cracking, blistering when tested over organic zinc-rich primer, two-component polyamide epoxy intermediate as per ASTM D4585. 2"P1ARTPUP;S1 I I:-._....I- -_ 601-PdIirg -r'e fcimhnCe-IIiSt_d"x 601 - 11 SP SCHAUMBURG POLK, Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 6. Mix ratio shall be 4A:1 B i. Only those thinners listed on the coating manufacturer's printed literature shall be used as specified by the coating manufacturer. j. Manufacturer's color charts shall be submitted to the Engineer at least 30 days prior to coating and/or paint application. General Contractor and Painting Contractor shall coordinate work so as to allow sufficient time (normally seven to ten days) for paint to be delivered to the job site. k. All coating products shall be of a single manufacturer. I. Selection of a manufacturer's color does not constitute acceptance of that manufacturer's products. 2. GENERAL REQUIREMENTS a. All materials shall be lead-free as defined by the Consumer Product Safety Act, Part 1303. b. All zinc dust pigment contained in any zinc-rich material shall meet the requirements of ASTM D 520 Type III with regard to zinc content and purity. c. All materials for the interior wetted portion of the tank shall meet the requirements of ANSI/NSF Standard 61 for potable water contact. d. All catalyzed polyurethane products shall meet the minimum requirements of SSPC Paint Specification Number 36, Level 3 Performance Level. e. No products containing MOCHA shall be allowed. f. No inorganic zinc primers shall be permitted on any interior portion of the tank. 3. MATERIAL PREPARATION a. Mix and thin materials according to manufacturer's latest printed instructions. b. Do not use materials beyond manufacturer's recommended shelf life. c. Do not use mixed materials beyond manufacturer's recommended pot life. d. Do not split kits of multi-component products. 4. TANK INTERIOR COATING SYSTEM-WETTED AREAS 1. Weld Preparation: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard SP0178, Designation D. 2. Surface Preparation: SSPC-SP1O/NACE 2 Near-White Metal Blast Cleaning. An angular profile of 2.0 to 2.5 mils as per ASTM D 4417, Method C or NACE Standard RP0287 is required. 3. Coating System: First Coat: Organic Zinc-Rich Primer applied at 2.5 to 3.5 dry mils. Stripe Coat: Two-Component Polyamide Epoxy applied by brush to all weld seams, edges, corners, bolts, nuts and other difficult to coat areas. Z PTliR711UN YJll Siur)3 LSI HernUu macn-.-••,,,.Oacs SGers01-Po ntrig renis-PCiIa owi.Cetlucx spi 601 - 12 SCHAUMBURG r_ FOLK, Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS Second Coat: Two-Component 100% Solids Amine Cured Epoxy applied at 18.0 to 20.0 dry mils. Total dry film thickness shall be a minimum of 21.0 mils. For cold weather applications, an accelerator approved by the coating manufacturer and certified by ANSI/NSF Standard 61 may be submitted for use. 5. TANK INTERIOR COATING SYSTEM - DRY AREAS 1. Weld Preparation: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard SP0178, Designation D. 2. Surface Preparation: SSPC-SP10/NACE 2 Near-White Metal Blast Cleaning. An angular profile of 2.0 to 2.5 mils as per ASTM D 4417, Method C or NACE Standard RP0287 is required. 3. Coating System: 1st Coat: Organic Zinc-Rich Primer applied at 2.5 to 3.5 dry mils. Stripe Coat: Two-Component Polyamide Epoxy applied by brush and scrubbed into all weld seams. In addition to weld seams, all edges, corners, bolts, rivets, pits shall receive a stripe coat. 2nd Coat: Two-Component 80% Solids Amine Epoxy Epoxy applied at 6.0 to 8.0 dry mils. Total dry film thickness shall be a minimum of 9.0 mils. For cold weather applications, an accelerator approved by the coating manufacturer may be submitted for use. 6. TANK EXTERIOR COATING SYSTEMS 1. Weld Preparation: Weld flux and spatter shall be removed by power tool cleaning. Sharp projections shall be ground to a smooth contour. All welds shall be ground to a smooth contour as per NACE Standard SP0178, Designation D. 2. Surface Preparation: SSPC-SP6/NACE 3 Commercial Blast Cleaning. An angular profile of 1.5 to 2.5 mils as per ASTM D 4417, Method C or NACE Standard RP0287 is required. 3. Coating System: 1st Coat: Organic Zinc-Rich Primer applied at 2.5 to 3.5 dry mils. 2nd Coat: Two-Component Polyamide Epoxy applied at 4.0 to 6.0 dry mils. (Two coats may be required if applied by roller.) 3rd Coat: Two-Component Aliphatic Polyurethane applied at 3.0 to 5.0 dry mils. (Two coats may be required if applied by roller.) 4th Coat: Two-Component Fluoropolymer Polyurethane applied at 2.0 to 3.0 dry mils. Z:W7ARTRURt36'7 Spu,93 EST Renaaannon,Conttap Docs.specs601-Painting Tanks-Performance-latest dot,' 601 - 13 SPI SG-IAUMBURG POUC. Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS Total dry film thickness shall be a minimum of 12.0 mils. For cold weather applications, an accelerator approved by the coating manufacturer may be submitted for use. 601.07 CAULKING & SEALANTS 1. CAULKING A. Epoxy caulking shall be flexible, NSF approved for use in contact with potable water and compatible with the epoxy lining system used in the tank. B. Caulk will be two component, polyamine or polyamide cured and 100% solids. C. The Coatings manufacturer and caulk material manufacturer shall confirm, in writing, that the internal epoxy coating system is compatible with the 100% solids epoxy caulk material. D. Any conditions for, or surface preparation requirements of the epoxy caulk material shall be included in the written confirmation of material compatibility. E. An acceptable product for this Project is "SIKA FLEX 1-A", manufactured Sika. 2. SEALANT FOR EXTERIOR TANK BASE A. Approved Sealant is the 4406 Flexible Epoxy Mastic Chine Coating. Apply as directed by the manufacturer. B. Sealant shall be installed continuously around tank base covering exposed floor plate to provide a complete seal. 601.08 APPLICATION GENERAL 1. Coating and paint application shall conform to the requirements of the Society for Protective Coatings Paint Application Specification SSPC-PA1, latest revision, for"Shop, Field and Maintenance Painting". 2. Thinning shall be permitted only as recommended by the manufacturer and approved by the Engineer, and utilizing the thinners stated in 601.06, Sections 4, 5, and 6. 3. Each application of coating or paint shall be applied evenly, free of brush marks, sags, runs, with no evidence of poor workmanship. Care shall be exercised to avoid lapping on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes. 4. Protective coverings or drop cloths shall be used to protect floors, fixtures and equipment. Care shall be exercised to prevent coatings or paints from being spattered onto surfaces which are not to be coated or painted. Report to the Engineer surfaces from which materials cannot be satisfactorily removed. 5. When two coats of coating or paint are specified, where possible, the first coat shall contain sufficient approved color additive to act as an indicator of coverage or the two coats must be of contrasting color. 6. Film thickness per coat as specified in 601.06, Sections 4, 5, and 6 are the minimum required. If roller application is deemed necessary, the Contractor shall apply additional coats as to achieve the specified thickness. 7. All material shall be as specified. !'P IAF!Ir•UR ib l7 St dJ!'.G;r:e i .o...t -Gaa s-.. 51-Fat ".I fc::Ys-fcilUnn;mcc-latcstnocx 601 - 14 � a St HAUMBURG _ POLK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 601.09 COATING SYSTEMS APPLICATION 1. After completion of surface preparation as specified for the specific system, materials shall be applied as noted in 601.06, Sections 4, 5, and 6. 2. Coatings must be applied at the thicknesses recommended by the coating manufacturer. If pinholes occur due to insufficient thickness, the coating shall be removed and recoated. 3. Overspray and dry spray are not permitted. Where such conditions are encountered, the surface shall be cleaned of all over spray and dry spray prior to the application of the succeeding coat. Areas of excessive overspray and/or dry spray may require complete removal and reapplication of the coating. 4. Areas rendered inaccessible after tank erection such as the spaces between roof plates and rafters shall receive the full coating system prior to erection and/or assembly. 5. After the application of the prime coat, the exterior surfaces of the tank shall be thoroughly pressure washed immediately prior (same day) to the application of the succeeding coating. Surfaces that are washed but not coated that same day shall be re- washed immediately prior to the application of the succeeding coating. Surfaces to be coated shall be dry, clean and free of all visible and non-visible contaminants. 6. Spray painting is not required on the tank exterior. Rolling interior paint is not permitted. Small areas may be touched-up with a brush or roller only with prior approval by the Engineer. 7. Double coat welds, nuts, bolts, and edges by hand brushing between the first and second coat. Turnbuckles and the attachment points on the tank exterior shall receive an additional stripe coat between the second and third coats. Use a color which is different than the preceding and subsequent coats. Hand brush all areas where clips attach and spray paint won't reach properly. 8. Primer shall not be applied closer that four (4) inches to any surface scheduled for subsequent blasting or welding. The exposed abrasive blasted bare metal must remain visible after the prime coat has been applied. Overlap subsequently applied primer over previously applied primer. 9. Coat areas with a uniform film, free of sags, runs, or brushmarks. Where multiple coats of paint are specified, apply each coat in a different shade than the preceding coat. Each coat must be free of shadows and uniform in appearance. Exterior topcoat must have a uniform appearance. 10. Except where otherwise specified, thin paint only as necessary for workability of coating material in accordance with manufacturer's printed instructions. Use only an appropriate thinner. 11. When paint is being applied to interior of tank or risers, provide adequate ventilation to ensure the safety of workmen and aid in the proper drying and curing of the coating material(s). Design and operation of the ventilation system shall be the sole responsibility of the Contractor. 12. Carefully observe minimum drying time between coats as stated in printed instructions of the coating manufacturer. I.V7fiiN ,)f k:elf tt;;.,•:'II ,a:t(;_ s _s -sn1TeFc :tos<:nce ia;cst aucr SPI 601 - 15 SCHAUMBURG `;; POLK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 13. Provide a suitable cover or plug for the intake pipe at the point where the pipe enters the water compartment to prevent sand, debris, or any other foreign matter from entering the water mains. Leave the cover or plug in place from beginning of the job until just prior to filling the tank for disinfection. 14. Blasting abrasive may be left on the tank floor while painting the ceiling and walls provided no paint is applied to the walls within two (2) feet of the floor. The remaining two (2) feet of wall and the floor may be painted after removal of blasting abrasive from interior. 15. Comply with recommendations of the paint manufacturer in regard to drying time for each coat, technique of spray application, ventilation, paint thinning, and safety precautions. The Contractor must fully inform all members of his field crew of these recommendations. 16. Where inspection shows that the specified thickness is not developed, apply additional coats to produce the required film thickness. 17. Repair and re-coat improper applications as specified herein or as recommended by the manufacturer or as required by the Engineer. 18. Do not coat pump and motor name tags, meter and gauge sight glasses, valve operator stems or other items designated by the Engineer. 19. Each coat of paint shall be allowed to either dry or cure for the amount of time recommended by the coating manufacturer before successive coats of paint are applied. All successive coats of paint shall be applied within the recoat threshold time as recommended by the coating manufacturer. 20. Caulking is required on all tank interior seems not seal welded and exposed to the atmosphere after painting procedures, use an epoxy caulk which is flexible, suitable for use in contact with chlorinated potable water and compatible with the epoxy lining system used in the tank. Caulk will be two (2) component, polyamine or polyamide cured and 100 percent (100%) solids. Coatings manufacturer shall confirm in writing that their epoxy lining system is compatible with the proposed caulk. Any conditions for the epoxy caulk (including surface preparation requirements) shall be included in this transmittal. Caulking material shall be NSF approved for potable water systems. 601.10 SOLVENT VAPOR REMOVAL 1. All solvent vapors shall be completely removed by suction-type exhaust fans and blowers before placing tank in operating service. 2. All solvent vapors will be exhausted both during and after coating application as per AWWA D 102 to allow the proper curing of the coating material. 3. Ventilation shall be continued until such time as the coating has reached "full cure" as specified by the coating manufacturer. 601.11 QUALITY CONTROL PLAN 1. INSPECTION/HOLD POINTS a. The contractor's QC inspector shall measure environmental conditions prior to starting all applications. Environmental conditions must be measured and recorded a minimum of twice daily. Application condition limits shall be in accordance with the manufacturer's specifications. /PIAItR1tjH,'',G77Spur=l3 LJi RereUiL;aUon:CemrxLt Docs'-9D=5fiilbPaminfl tanks-Pcilcimanrr.h:vsl hu.a SP I �..,.� 601 - 16 SC HAUMBURG • POLK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS b. All test results (abrasives, chlorides, blast profile, wet film thickness, dry film thickness, etc.) must be included in the Daily Inspection Reports. c. Contractor must perform continuous quality assurance/control during surface preparation, mixing and thinning of coatings materials, and application of coatings. d. All inspection equipment must be properly calibrated and in good working order. e. Blast will be verified per SSPC VIS 1. f. Continuous wet film thickness readings must be taken during all applications. g. Thickness of coatings and paint shall be measured checked according to the procedures outlined in SSPC-PA 2 "Measurement of Dry Film Thickness with Magnetic Gages", May 2012 Edition. Dry film thickness shall be a Level 2 as defined in Paragraph 9.2, excepting that no single gage reading shall be less than 80% of the specified dry film thickness. Areas that fail to meet these criteria shall be corrected at no expense to the Owner. Use of an instrument such as a Tooke Gauge, precision groove grinder, etc. is permitted if a destructive test is deemed necessary by the Engineer and the total DFT is less than 50 mils. h. Hold Points are set for the following, with assigned responsibilities: i. Pre-mobilization equipment check-Contractor, Supplier ii. Abrasive quality control checks - Contractor, Supplier, Engineer iii. Blotter test of compressed air prior to blasting-Contractor iv. Completion of surface preparation (blast, profile, chlorides), before priming - Contractor, Supplier, Engineer v. Mixing/thinning of the first batch of each product- Contractor, Supplier vi. Wet film thickness of the initial application of each product - Contractor vii. Dry film thickness after each coat-Contractor viii. Final dry film thickness per SSPC - PA-2- Contractor, Supplier, Engineer ix. Final 100% holiday free inspection, internal lining - Contractor, Supplier , Engineer i. Any surface preparation or applications performed beyond the hold point, without receiving the proper approval, will require re-blasting, and re-application per this specification, at the contractor's cost. j. All coatings applications must be of specified film thickness, properly adhering, and uniform in appearance-with no visible runs or sags. k. Any work done in violation of this paragraph may not be approved. If paint is applied without the Engineer's representative witnessing the blast, the paint will be removed by reblasting in accordance with this specification. The Contractor is required to coordinate with the Engineer and/or his representative and to provide 36 hour notice to request a hold-point inspection. Hold-point inspections shall not be scheduled during weekends or Federal Holidays. Requests shall be made via text or email. m. The Contractor is responsible for providing safe rigging to gain access to all work areas to be inspected. All rigging must conform to OSHA Standard 1910. 7.P IAR111U,t!(iI1 Suur91 EST RCha„=.nor -nl.a_,DC_5 5{4.,5 b`_=1.r -,;"nib 1 an%s•L'crlp,m'),cl••1-1Cst Crcr �� 4i 601 17 M 0'1 SCHAUMBURG POUC. Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS n. Any and all re-inspection costs, including travel time, arising from non-conforming work will be charged to the Contractor. o. All internal linings must be 100% inspected per NACE SP0188-2006 after application and proper curing of the finish coat, all repairs made per coating manufacturer's recommendations, and then re-inspected until it is a holiday free linings application. 2. DOCUMENTATION/REPORTS a. The coating contractor shall submit a written schedule at the pre-job meeting detailing all work to be performed and the approximate time needed to complete each task. This schedule or timeline will allow all parties to quickly identify deficiencies and target specific corrective actions needed to improve the workflow. b. An approved Daily Inspection Report shall be used for documenting that specified requirements have been met. The Daily Inspection Report shall be completed for each work shift. A copy of the Daily Inspection Report shall be submitted to engineer daily. c. The coating contractor shall submit a copy of a final report to engineer after completion of the project. The final report shall include: i. A signed copy of the certification (final sign off sheet) ii. A copy of the accepted written schedule from the pre job meeting. iii. Copies of all Daily Inspection Reports 601.12 DEFECTS 1. Contractor shall immediately notify the Engineer or his representative in writing of any unknown preexisting conditions which may hamper the proper surface preparation and coating system application. 2. Contractor shall immediately notify the Engineer or his representative in writing of any defects created during surface preparation and/or coating application. 3. Contractor shall submit a repair procedure for the Engineer's review and consideration. No further work shall take place until a repair procedure has been approved. 4. Work performed without an approved repair procedure shall be removed at no cost to the Owner. 601.13 REPAIRS 1. When approved by the Engineer and/or his representative, the following repairs procedures may be utilized when approved in writing. 2. After the interior coating system has been installed and holiday tested, repair pinholes and voids as follows: a. Abrasive blasting shall be in accordance with SSPC-SP1O/NACE No.2 Near White Blast Cleaning obtaining a minimal surface profile as specified herein. b. Power tool cleaning, when approved by the Engineer, shall be in accordance with SSPC-SP11 Power Tool Cleaning to Bare Metal. Surface profile shall be angular and not less than the surface profile as specified herein. 601 - 18 spi SCHAUMBURG `. POLK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS c. All edges of remaining sound, tightly adhering coating shall be feathered back (beveled) to create a smooth transition from the substrate to the coatings surface. The coating may be considered tightly adhering if an edge cannot be lifted with a dull putty knife. d. Install the coating system as specified herein to provide a complete and monolithic system, free of voids and pinholes. The use of a 100% solids epoxy material may be submitted for the Engineer's approval. Material shall be from the same manufacturer of the installed coating system. 3. For exterior surfaces, repair as follows: a. Hand or Power Tool Sand as per SSPC-SP2 or SP3 to remove the defect. In cases where the defect extends to the substrate, prepare the surface as per SSPC-SP11 Power Tool Cleaning to Bare Metal, obtaining a minimum anchor profile as specified herein. b. All edges of remaining sound, tightly adhering coating shall be feathered back (beveled) to create a smooth transition from the substrate to the coatings surface. The coating may be considered tightly adhering if an edge cannot be lifted with a dull putty knife. c. Install the coating system as specified herein to provide a complete and monolithic system, free of voids and pinholes. 601.14 DISINFECTION 1. Disinfection of interior surfaces shall be performed in the presence of the Engineer in accordance with all the requirements of applicable AVWVA Standards and regulatory agencies. 2. Disinfection shall be performed after protective coatings have been applied to the interior surfaces and allowed to thoroughly cure. 3. Prior to disinfecting, the complete interior shall be washed down with clean water and thoroughly flushed out. 4. All interior surfaces shall be thoroughly washed with a solution having a minimum chlorine content of 50 PPM. Chlorine solution accumulated on the bottom shall be drained to waste. Rinsing with clean water is not required. 601.15 CLEAN-UP AND DISPOSAL 1. Collection and disposal of surface preparation debris shall be in conformance with SSPC-Guide 7. Surface preparation debris shall be separated from other debris generated during the course of the work. Provide for testing to determine hazardous classification of debris per SSPC-Guide 7, Appendix A. 2. Contractor to provide for disposal of hazardous waste generated from the site. Disposal of hazardous waste procedures to include assisting Owner in obtaining identification number and selection of treatment or disposal option. Provide manifest to Owner for his record. 3. Contractor to provide for appropriate off-site disposal of all other wastes generated from the operations. 4. Provide for post testing of soils where required by Special Provision. 5. Provide for repairs and painting of other on-site structures, in addition to tank, as described in the scope of work. SPI L.r TAH I HUH 0,1/ 35ESI kc;,:;iltanon sr. cs T/'s-Pr,L,rnarcc-IJrst:_:% 601 - 19 SCHAUMBURG • POMC, Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 6. Provide for final grading of surface to provide for drainage and seed area. 601.16 WARRANTY Contractor/Manufacturer shall warrant and guarantee that the quality of the paint system, including surface preparation and application, shall be such that the following criteria are met: At the one year inspection (from the date of completion of application), no rust breakdown, peeling, flaking or poor adhesion of the coating and lining systems total surface is allowed. Warranty shall include all costs associated with paint material, application, access, scaffolding, and associated labor. All repairs will be made per the supplier's recommendations, with approval from Engineer. 601.17 MEASUREMENT AND PAYMENT Preparation work including repairs to tank structural elements and appurtenances and pre- testing as specified in the scope of work shall be measured and paid by lump sum. Shrouding, surface preparation, quality control plan, coating and lining of all surfaces, disinfection, exclusive of special containment and monitoring of ambient air and worker exposure for hazardous materials, shall be measured and paid by lump sum for each structure. Special containment for hazardous materials, including monitoring for work exposure and ambient air shall be in addition to shrouding, surface preparation, etc. and will be measured and paid by lump sum for each structure. Collection, storage and disposal of non-hazardous surface preparation debris shall be measured and paid by lump sum. Collection and testing of surface preparation debris samples for classification (non-hazardous/ hazardous) waste shall be measured and paid by each sample tested. Disposal and or treatment of surface preparation debris classified as hazardous shall be paid in addition to the item for non-hazardous surface preparation debris and shall be measured and paid by lump sum. Post testing of soils shall be measured and paid by lump sum. Clean-up and disposal of other wastes, surface grading and seeding shall be measured and paid by lump sum. Repair/cleaning of other structures specified in the Scope of Work shall be measured and paid by lump sum. L PTAH]HUH 3611 Sr urn ESI Rehabl a1:onContract Doesspecs tanks-Pn"ormccce•latest Cock in 601 - 20 I� SCHAUMBURG POLK Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS Date: Location : Job Number: Area : Supervisor: Item : Inspector: Drawing Number: Crew Size : Specification: 1.0 SURFACE PREPARATION Time Frame Aethod Spot/Full Profile From To Tool or Abrasive(Type/Size) Used Sign-Off solvent Wash(sspc-sp-1) land Clean(sspc-sp-2) 'ower Tool(sspc-sp-3) Vhite Metal(sspc-sp-5) :ommercial (sspc-sp-6) 3rush-Off(sspc-sp-7) Jear White (sspc-sp-10) 'owertool (sspc-sp-11) Vaterblast tther 2.0 MATERIAL APPLICATION Time Frame Thin % Thinner Spot/Full wft dft From To Brush Roll Cony Airless Other ST COAT 'ND COAT ;RD COAT •TH COAT 2.1 Existing Dry Film Thickness Readings Prior to Above Application ST COAT Avg: Sign Off 'ND COAT Avg: Sign Off ;RD COAT Avg: Sign Off •TH COAT Avg: Sign Off 3.0 MATERIAL DATA Batch Numbers Recoat Induct. Mat'I Color Part A Part B Part C Coat# Gals Min Max Temp Time :ern#1 :em#2 :em#3 :em#4 :em#5 Z.?TARTH3&1/Spar93 EST Rehabnaation COlillatt Uocsspccs.601.Pamtin0 Tanks-Pelormance-fates;coc. ani la - 601 - 21 `� \ . SCI-MUMBURG POLK. Item 601 - COATING AND LINING OF POTABLE WATER STORAGE TANKS 4.0 ATMOSPHERIC CONDITIONS AM AM PM PM 4.1 Wind Direction TIME )ry Bulb Time am/pm direction speed Vet Bulb MPH tumidity MPH )ew Point MPH iurface Temp MPH 5.0 General Notes COTES: 6.0 Inspection Equipment Equipment Number )ry Film Gauge ;ling -emperature Gauge )ther: ( ) )ther: ( ) 1ttach Compressed Air Blotter Tests, Moto's. Profile Replica Tape, etc. to the iottom of This Report. 'inal Report Sign-Offs: Completed By: Date: Contractor Field Supervisor )uality Assurance Confirmed By: Date: Field Client Coordinator Verified By: Date: :ontractor Quality Assurance Client Inspection/Manager NACE#: 601 22 „ SCHAUMBURG POLK, SECTION 01300 - SUBMITTALS PART 1 GENERAL 1.01 SUBMITTAL PROCEDURES A. Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. B. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. C. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. D. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission of related items. E. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. F. Provide space for Contractor and Engineer review stamps. G. Revise and resubmit submittals as required, identify all changes made since previous submittal. H. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.02 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.03 SHOP DRAWINGS A. Submit the number of blueline copies indicated. B. After review, reproduce and distribute for installation and record. 1.04 PRODUCT DATA A. Submit the number of copies that the Contractor requires. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 1300 - 1 s pi . SCHAUMBURG FOLK, SECTION 01300 - SUBMITTALS 1.05 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for Architect/Engineer's selection. C. Include identification on each sample, with full Project information. C. Submit the number or samples specified in individual specification Sections. D. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1.06 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Architect/Engineer for review, in quantities specified for Product Data. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect/Engineer. 1.i'71. i--: •:- I. I Ii.l. ;Ii.i (-..ii..i f?.••�..•I' iS :.m;^'.S.I.. SPI 1300 - 2 SCHAUMBURG POLK • %3S t"e4s -".t•• •• • •t14` � -eta • ;. T SCOPE OF WORK CITY OF PORT ARTHUR HWY. 73 / Spur93 EST Rehabilitation Bid No. P20-025 A. GENERAL The HWY. 73 / Spur93 EST is a 500,000-gallon legged elevated water storage tank approximately one hundred ten (110') feet tall and is approximately forty (40') feet in diameter. The tank is supported by six (6) columns and a wet riser. The tank is located near the intersection of 60TH Street and Spur 93 in the City of Port Arthur. A Pre-Bid Inspection was performed on August14, 2019. A copy of the Pre-Bid Inspection Report is attached. This project also includes work at the Pleasure Island Pedestal EST and the FM365 Legged EST. The Pleasure Island Pedestal EST is a 300,000-gallon spheroid pedestal elevated water storage tank, approximately one hundred thirty-eight (138') feet tall supported by a single pedestal shaft approximately ten (10') feet in diameter and a thirty (30') feet diameter bell. The FM365 EST is a 500,000-gallon legged elevated water storage tank approximately one hundred (100') feet tall, approximately forty (40') feet in diameter supported by six (6) columns. This contract shall include all necessary labor, equipment, tools, materials, painting, disinfection, structural steel repairs, safety measures, environmental protection, shrouding, disposal of surplus items, site restoration, and all other related construction for the proposed tank rehabilitation and repainting. The contractor shall coordinate with City personnel when restoring the tank to service. It shall be the responsibility of the bidders to carefully inspect the site and all pertinent parts and devices on the tank to ascertain the quantity of surface preparation, repairs, and painting required to perform the rehabilitation and place the tank back into operation in accordance with the contract specifications. The Contractor shall use the materials specified, or materials of another manufacturer that are deemed equivalent in the opinion of the Engineer to the materials specified. In the event the Contractor desires to substitute the products of another manufacturer, he shall apply to the Engineer in writing at least fifteen (15) days prior to the bid date requesting substitution and shall furnish with his request complete descriptive materials on the product along with NSF Certification plus manufacturer's recommendations for surface preparation and application. B. WORK TO BE ACCOMPLISHED Contractor shall coordinate with City personnel prior to commencing work. All work is to be performed in strict accordance with the guidelines and procedures set forth within the Contract Specifications. This contract includes, but is not limited to, the following: J. P1AR CHUB 61"Spur93 EST Rehahilitation Contract rocs contract revised per city comments Section G(S01%1'A l.doc SPI ,,,,,„,, SCHAUMBURG - POLK BASE BID HWY 73 / Spur 93 EST Work 1 . Contractor shall wash the interior and exterior of the tank, and perform Soluble Salts Testing inside and outside of the tank at locations selected by the engineer. Should the results be positive, the contactor shall rewash and re-blast the tank. 2. Contractor shall perform all surface preparation and coating of all exterior and interior surfaces per specification item 601 including, pressure washing the inside and outside of the tank, shrouding, removal and disposal of sediment from interior of tank prior to commencing work. Provide for quality control procedures for preparation of surfaces and coating application. 3. Contractor shall provide surface preparation and apply coating to all exposed yard piping, valves, and appurtenances in accordance with specification Item 600. 4. Contractor shall remove and replace the existing 24" diameter vent neck and flange. Contractor to reuse the existing vent hood, and install new 16 mesh stainless-steel screen and bands, all in strict accordance with the plans and specifications. 5. Contractor shall remove and replace the existing 14" wide tank, shell/roof, and water compartment access ladders with new 16" wide ladders, including stand offs, non-slip rungs, support angles for the water compartment ladder, and removing and reinstalling all safety climb systems, all in strict accordance with the plans and specifications. 6. Contractor shall remove and dispose of the existing wet riser ladder, all in strict accordance with the plans and specifications. 7. Contractor shall furnish and install a new ladder gate. The lockable Ladder Gate® Climb Preventive Shield shall be as manufactured by: R B Industries, 1005 Livingston Loop, The Villages, FL 32162, Phone (336) 852-6276 or prior approved equivalent. The shield is to be made of aluminum with a minimum thickness of 1/8 inch, and all supporting hardware is to be hot dipped galvanized. The shield shall be constructed with angled sides enclosing the ladder to prevent reaching around or over it. When unlocked, the shield must swing open like a door or gate to allow access to the ladder. The shield must be installed without altering the ladder and must be able to cover a safety bar, cable or rail. The ladder shield must be able to be installed so it can be opened either to the right or to the left. The shield must also have the capability of being front-locked or side-locked, all in strict accordance with the plans and specifications. 8. Contractor shall remove and replace the existing 30" diameter roof access hatch at the location shown on the plans, including patching the existing hatch opening, all in accordance with the plans and specifications. Z>P!ARTHUR 3617 Spur93 EST Rehabilitation Contract Does contract revised per coy comments Section G(SOW PA).doc 1111.11/11111111.111111111.111111 S -,-.Te., �� ig SCHAUMBURG POLK, 9. Contractor shall remove and replace the existing dual obstruction beacon assembly with new complete assembly. Obstruction lighting shall be medium intensity, 120V, double lamp fixture with clear strobe (FAA L-866) for daytime and flashing red Fresnel lens unit (FAA L-864) for nighttime, complete with remote mounted controller, photo electric control switch and cable and support base. The obstruction light assembly shall be as manufactured by Crouse Hinds (model FTB- 324A), Hughey & Philips or prior approved equivalent. Contractor shall remove and replace all conduit and conductors leading to the new obstruction light and lighting panel, all in strict accordance with the plans and specifications. 10.Contractor shall, after sand blasting the interior of the tank floor, in the company of the Engineer locate and quantify damaged areas in order to determine the repair quantities and method of repair to be paid for by Bid Item No. 12, all in strict accordance with the plans and specifications. 11.Contractor shall grease the columns anchor bolts boxes, all in accordance with the plans and specifications. 12.Provide disinfection and testing prior to returning the water storage tank to service. Disinfection shall be as per the latest version AWWA C652. The Owner will fill the tank and test the water. If the sample fails, the Contractor shall disinfect the tank again and pay for the subsequent testing fee. 13.Provide and install OSHA approved "Confined Space Entry" placards at all tank openings (3), all in strict accordance with the plans and specifications. 14.Contractor shall restore the site to its original condition or better, including removal and disposal of all blasting media, construction debris, and by grading and replacing all damaged sod (San Augustin sod). Pleasure Island Pedestal Work 15.Contractor shall modify the access tube to remove the air gap between the access tube and the roof on the Pleasure Island EST, including repairing the access tube wall at the roof, installing a new 30" access hatch on the access tube, removing and replacing the existing air vent with a new 24" air vent, and surface preparation and coating of the newly installed steel areas, all in strict accordance with the plans and specifications. 16.Provide disinfection and testing prior to returning the water storage tank to service. Disinfection shall be as per the latest version AWWA C652. The Owner will fill the tank and test the water. If the sample fails, the Contractor shall disinfect the tank again and pay for the subsequent testing fee. FM 365 EST Work 17.Contractor to remove a 2" diameter pipe nipple on the tank roof and patch the roof plate including coating patch, all in strict accordance with the plans and specifications. Z"PTAR IJIUR 361'Spur93 LST Rehabilitation Contract Dass contract revised per ci, comments Secilan(i IS015 PAI doe SRI ,,, ,..„- .. .„„ C 18.Provide disinfection and testing prior to returning the water storage tank to service. Disinfection shall be as per the latest version AWWA C652. The Owner will fill the tank and test the water. If the sample fails, the Contractor shall disinfect the tank again and pay for the subsequent testing fee. ADDITIVE BID ITEMS 19.Contractor shall furnish and install new coax cable brackets to be welded to one of the tank legs as directed by the Owner, all in strict accordance with the plans and specifications. 20.Contractor shall paint three (3) Owner selected logos at the locations indicated by City personnel, all in accordance with the plans and specifications. 21.Contractor shall construct remove and replace the existing 3' x 3' splash pad and replace it with a new 4' x 12' concrete splash pad, all in accordance with the plans and specifications 22.Contractor shall remove and replace the existing 4" diameter floor drains with new 6" diameter SCH80 steel drains, all in accordance with the plans and specifications. C. WARRANTY The Contractor shall provide warranty to the Owner for a period of one (1) year on the tanks and appurtenances from the date of final inspection and acceptance to the extent that he will repair any defects which may appear in the structure and/or coating due to faulty installation, painting or structural repairs. In addition, it shall be the responsibility of the Contractor to meet with the Engineer and inspect the tank eleven and one-half (11 '/�) months from the date of the final acceptance to determine whether the tank is still in serviceable condition and then correct all deficiencies under warranty. D. SPECIAL REQUIREMENTS 1. The Contractor shall contact Ms. Melissa Guynes, Water Utility Engineer at (409)983-8151 prior to starting any work within the project site. 2. The City will provide electrical service to the Contractor at no cost for this project. The Contractor will be required to apply for a construction water meter at the City of Port Arthur City Hall Customer Service office 3. The Contractor is made aware that there is a communications antenna located on the northeast side of the tank (HWY73 / Spur 93), approximately 8 feet from the column. The antenna will have to be protected for the duration of the project. In addition, there is overhead electrical power line extending from a power pole on the north side of the site to the electrical meter installed on the ladder leg. Z:PTARTHCR 361 7 Spur93 EST Rchabililauon Cuntract[kus contract rcciscd per city conuncnts Sccuon 6(SONPA).doc SPI -4u . SCHAUMBURG - POIX, 4. The Contractor shall restore the project site to its original condition or better prior to the project completion and acceptance by the Owner. ZPTARTHUR3617 Spur93 EST Rehabilitation Contract Docs contract re,scd per ciIy.ommcntsSection G(SOW PA).doc SPI City of Port Arthur, Texas Pre-Bid Inspection HWY 73/Spur 93 Elevated Water Storage Tank Inspected August 14, 2019 A. General The purpose of this report it to present the findings of the Pre-Bid Inspection conducted on August 14, 2019 in accordance with the AWWA Steel Water- Storage Tanks Manual of Water Supply Practices M42. This report also includes an update to the preliminary Opinion of Probable Construction Cost (OPCC). The Spur93/SH73 EST is a 500,000 gallon legged elevated water storage tank approximately one hundred ten (110') feet tall and is approximately forty (40') in diameter. The tank is supported by six (6) columns and a wet riser. The tank was out of service at the time of the pre-bid inspection. B. Exterior of Tank 1. Foundation The foundation consists of individual concrete footings under each of the six (6) columns including the riser. The column foundations are in good condition showing only minor vertical cracking. The columns are anchored to the concrete foundation with four (4) anchor bolts. The anchor bolt nut and washer on column 1 shows heavy corrosion. The riser pipe is anchored to the concrete foundation with four (4) anchor bolts. There are no signs of distress on the riser pipe foundation. 2. Protective Coating The exterior coating is in poor condition. Paint is chalking with heavy amount of paint peeling exposing primer and steel. Minor to moderate rusting with moderate corrosion is present on the balcony floor and handrail. There is heavy to severe corrosion on the roof vent stack flange. The x-brace and strut connections to columns show moderate to heavy corrosion. The riser pipe shows patches of rust and exposed primer at mid and upper portion of the pipe. The two (2") inch nipple flange on the riser sPl ��a �� sr..HAI1MBLJRG FOLK pipe shows moderate to heavy corrosion. There are large areas of paint peeling on the tank roof and ladder system. The underside of tank bowl shows moderate to heavy signs of corrosion. Tank was leaking at time of the 2018 TCEQ inspection between bowl and cone on the south side of the tank. The overflow valve and pipe 90-degree bend at ground level are unpainted. 3. Water Level Indicator The pressure gauge appeared to be in good condition and was operable during the previous inspection. The tank was completely empty at the time of inspection. 4. Overflow Pipe The overflow pipe is in good condition and operable. The overflow valve is unpainted and rusted. 5. Access Ladders The first access ladder is welded to a column on the northwest side of the tank. The ladder starts at ground level and ends at the balcony. The ladder is in fair condition; with moderate corrosion along the ladder rails. The ladder clips show moderate to heavy corrosion at mid and top level of ladder access. The ladder is equipped with a cable safety climb system. A ladder gate was not installed on the ladder at the time of inspection. The exterior access ladders are 14" wide and do not have non-slip rungs. The vertical portion of the second ladder is welded to the exterior of the water compartment and extends from the balcony to the roof of the tank. The curved section of the ladder was originally a movable ladder, which was welded to the tank roof. The roof access ladder is severely corroded with heavy section loss of the rails and rungs. The ladder is equipped with a cable safety climb system. �.''1/4 IIS cr -IAI IMRI IRP. >; Pfll v 6. Access Manways and Hatch There are two (2) access hatches at the bottom of the wet riser pipe, all in good condition. The access hatches consist of a 30" diameter hatch and an 18" x 24" access port. Both access hatches are in good condition with no signs of leakage. There is a 24" diameter manway into the water compartment from the balcony. The manway shows moderate corrosion on the bottom of the hatch where water accumulates between the hatch and the gasket. There is one (1) 30" diameter roof hatch. Roof hatch shows moderate corrosion. The hatch curb shows moderate to severe corrosion. The hatch was not locked at the time of the inspection. 7. Roof The roof is in good condition and is properly sloped. There were no holes observed along the seams. The obstruction light is inoperable; lenses and bulbs are broken. 8. Air Vents The tank has one (1) 24" round vent located at the top of the tank. The vent was not properly screened at the time of the inspection. The roof vent neck and flange show heavy corrosion and section loss. 9. Cathodic Protection This tank is not equipped with cathodic protection. 10. Rods and Struts The riser rods are straight with minimal bending noted. The rods show moderate to heavy corrosion at the connections to the columns. The nuts on the keeper bolts are heavily corroded. The horizontal struts between the legs are in fair condition with signs of minor to moderate corrosion at connections. The wind rods under the bowl show heavy corrosion. MD Rf'HAI IMRI IRf; P('ll K 11. Balcony The balcony is in fair condition with moderate rusting in several areas. The handrail is in good condition with large areas of exposed primer and steel. The handrail is bent on the east side of the balcony. 12. Electrical and Communications The tank includes an electrical conduit extending from ground level to the to the top of the tank. The conduit is attached to the ladder leg starting at the electrical meter (also attached to the ladder leg) and ending at the obstruction light on top of the tank roof. The conduit is attached to the tank shell and roof from the balcony up. There is also an electrical control panel on the south side of the tank next to the above ground header piping. In addition to the electrical installation, there is a communications antenna located on the on the west side of the tank within 6 to 8 feet from leg No. 6. 13. Above Ground Piping The above ground header piping is located directly under the tank, on the west side of the wet riser. The coating on the header piping is chalky with minor to moderate rusting. Several nuts on the flanges show heavy corrosion. C. Interior of Tank 1. Water Quality The tank was empty at the time of inspection. 2. Protective Coating The interior walls of the water compartment show heavy staining as well as the floor. The roof show moderate rusting along the seams and shell surfaces. There is moderate rusting on the floor plates. 3. Interior Ladder(s)s The water compartment contains three access ladders. One from the roof down to the tank floor, a second ladder from the balcony hatch to the tank floor and a third ladder from the tank floor to the bottom of the wet riser. The interior ladders are heavily corroded. The ladders are 14" wide and do Rot iv irtl Cf'LJAI IPAQI IOC'` c.' MI If not have non-slip rungs. The roof access ladder rungs are severely corroded. The wet riser ladder support clips are severely corroded as well as the rails and rungs. D. Recommendations 1. Take down the tank to bare metal and recoat all interior and exterior surfaces. 2. Relocate the electrical meter from the tank leg to the power pole within the site and run new electrical conduits and conductors to the control panel. 3. Remove and replace the electrical conduits and conductors and obstruction light. 4. Remove and replace the exterior roof ladder from the balcony to the top of the roof with a new 16" wide ladder. 5. Remove and replace the water compartment ladders with a new 16" wide ladder. 6. Replace corroded ladder stand offs on the main tank access ladder. 7. Remove and replace the roof vent neck and flange. Reuse the existing vent hood. 8. Remove and replace the existing roof hatch at the location shown on the plans and patch the roof plate. 9. Repair the floor plates on the tank. 10. Replace the existing access hatches by installing bolted flanges and covers swing arms. 11. Remove and dispose of the wet riser ladder. Please note that in addition to the rehabilitation recommendations above, we are recommending that repairs be made to the Pleasure Island pedestal tank and the FM365 Elevated Storage Tank. Costs for the repairs at these tanks are included in the attached Opinion of Probable Construction Cost. IIIIIIIIIIIIIIIIIIIIIIIIIIM SPL , S1'NAI IMRI IRP. Pfl K E. TCEQ Inspection Form A TCEQ Inspection form was provided for the last annual inspection, dated January 24, 2018. A new TCEQ form will be provided once the tank is rehabilitated. F. Opinion of Probable Construction Cost An updated/revised Opinion of Probable Construction Cost has been prepared for the rehabilitation of this tank. 1111111111111111111111111111111M Eimv wil Fr SCHAUMBURG POLK. G. Inspection Pictures - 4:....., ,,,, ' or itY • I. TANK ELEVATION • � v r €e '- C. - - -- • ♦ i� . "iv, —"IIIIIIIIIIIIIIIIIII ,, v ACCESS LADDER IIIIIIIMIIIIIIIIIIIIIIIIM SP! JI SCHAUMBURG s POLK. / r n j ... ?z a 10 . ,,,,.. „,,,,,, „.„,„, ;,o'er �. UNDERSIDE OF TANK • 1.f, c4 w 1 ♦ ./ .,...,-.,,,,A• ..i r rCj�,�AI 4.. Y het " * .r, Yi y *'%-iI d t`i "+• a a u: , 4"- t.:/71'... '-.wW,ALelk';41i.j..7...V%..::,..,?.' '..:.4°...f P4'.tiiiito::V.:.t.34; -^; ,mss 'S.` d .FrL t 7,� �; - �`H� s^ 4 y, I i }r ' '4,yG °�. ..:. , ty 4 .:..1-. rs i, ;;A . ' , „•. t i} r,, -% "rte + - i til. COLUMN FOOTING IIIIIIIMIIIIIIIIIIIIIIM spli 511 SCHAUMBURG r> POLK, ' 3 a� s� a', •.'bac 4 9: Y * s 4 '+t t ,,,� .:4...,.. .z.-41:1e'...t _ .�• *z* ` ,,.s,: ;;ems v*� 0—.1....',/,'s' '` 3,-• - i. 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',0,-,--...., .,-,_,•'' Net..'4.44.71%. 'Wail' --' l'U.- --••, u'Ot.. ,,... \ - '''''''''''::.... --• '':.•••••• • .. ..--• •• .... *4i WU • •••; '.(-; -.'-" fit.,,,- ; :. -, ' ' s.' •'- • -•'''' ' , ,.."..,,••: . -.'.''''' '''''r'''' MISSING PAINT ON HANDRAIL , . -\.s. \ \ \ ".••.• 'N-..,t„ t) - . ...,,. -N. , .1-•i--. If/ • IL 4 4f eireFf, . , . .. . , it. . . ..,.., , .. ... iik, ..... CORRODED KEEPER BOLTS (TYPICAL) SRI scHAurviBuRG & .‹,,„,, \ i' • -...• --,-. , .4ii, - t.-I. .... ., ..-..,,,, (: r . "' _4ii.'.40440;:-' a":-"'"''' , .. ,.. „„ ,,-- `, r.-.ir;!r.w _ mom"`" ,. takostomil ` Y t ^a , ,, 4; '°T'.:T''' f 43 v m 1.,,•-:--s.,7; xx i \v-7-,..4iiist, ati,Asisat ,: Y I. RUST AND DAMAGED COATING ON COLUMS AND STRUTS (TYPICAL) • i. • . I .. ' ` . _ , , y . ;W .� I• , x itbfr 1.. i nom'+., •..:. - - .; ri • �� ;Ar A -, ... �. •r . _ CORRODED LADDER STAND OFF (TYPICAL) migirsa MMIIMMIIIIIIIIIIIIIM SO-HAUM BURG& POW. . . „,, RUSTED ROOF PLATES k. • STAINED INTERIOR WALL AND CORRODED LADDER SPI SCHAUMBURG F POLK a fix.•:' . .4`F > `y ,. r ,3, -q{ .-,'ice 4 $L. 4 -,- R4 - ti,..,•,.. RUSTED TANK FLOOR SHOWING DRYED MUD a N ,a ` t by ,.,ra z. v" w H ,... ,,,,..,,,. ...,,,... ...,_ ,....,...., ......„ „,, ,.. .„ , . . m,,,.. ,,,,,.. ....,,....,,.. . . -Y 1, , ' • • .r. 4'{`- 'vi .4.. '.tet 1. - .. ,,i w ,,f x � � v CORRODED WET RISER HANDRAIL AND LADDER SPIE SCHAUMBURG `: POLK, . , . . , . . ..,:h,'. { . I . *pk VAY I. F RY / ,: , _ I"I ` `-�' !' �� \ �_ may. +. / .. i ., ,I . X ti s .4 1;4". CORRODED UNDERSIDE OF TANK AND WIND RODS It • ., 3. cb s.>> \ j \ ., i t ' .,;:-.4 ' i ' '-:::'' t y . - i ti - - Vii. ELECTRICAL METER AND CONDUIT ATTACHED TO LADDER LEG SPI SI SCHAUMBURG S. POLK i w i y T 44004 A �.f d' ;i' ! ; i i jJ • I { '5 .. ..I?n .v. _ , tF e, f eAip 41410011 (1- .. , , -',Z..,:,:::;i;:' f 17 • + _.,-,:,..r.'1,.;',' '� {y CY .S' : f�'4 e3 fy�,"' G .4Y Ys',-� `y `Z ,,, �";� > '!"' L ,s,�4�`�,�1trx �u fit' :.W �_ �1 F}�� d 9, 3�E.. -A _.x'a' sx} 4;`, T .:,5. :r, 1. r;;�' .*' a ,� of �� g�'s,y,"`tai %�" i��',�x k.� s2 3. ��,�i� • HEADER PIPING AND ELECTRICAL CONTROL PANEL E . 1 fitt ' w•---.7757-%-:" ,'".;%.: -.4 .-/4� T AYE ,� .;;:.,,,,41.!_vic,43e.--.- -;_-;.i-, ,,.....„...,„„40,:-.•:..-7 •::.--:-:: •,,.•.x Y tt, • COMMUNICATIONS ANTENNA ON WEST SIDE OF TANK spli 211 SCHAUMBURG IS POLK.r:: SECTION H SUPPLEMENTAL GENERA# coNDirioNS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT- PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled HWY. 73 / SPUR 93 EST REHABILITATION, Job No. 19-267. 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 complete rehabilitation of the interior and exterior surfaces of the HWY. 73 / Spur 93 EST. 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 HWY. 73/Spur 93 EST Rehabilitation Project Drawings 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. SEOUENCE 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. H-1A 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. I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red 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. H-2A 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 he supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein, or both, including all labor, materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society H-IB 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. ?. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves, and fire hydrants, and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms H-2B 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 EOUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items H-3B 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, >chedules, 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. Ii-413 OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety (90) days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install,test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 81/2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 81/2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. H-5B 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. II-6B 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. If CONTRACTOR determines that a street closure is needed, he shall provide a signed and sealed traffic plan by a Registered Professional Engineer in the State of Texas to the Public Works Traffic Division for review and approval. 2. 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. 3. 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. 4. When street is closed, notify Fire Department, Police Department and Public Works Traffic Division. H-7B 5. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. U. FINAL INSPECTION. When construction is substantially complete a.c determined and approved by the City Engineer, Contractor and City of Port Arthur representatives will walk through the project from start to end limits to develop a punch list which notes and marks on site work deficiencies. This punch list of work deficiencies will be rectified and completed within thirty (30) calendar days from the date contractor has received the formal written Punch List notice. Failure to repair deficiencies or replace defected materials after thirty 30 calendar days, entitles the Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Retainage. Retainage Payment will only be released when the following are submitted and complied for Closing out of Project: 1. Completion of Punch List. 2. As-Built drawings submittal. 3. Substantial Completion Letter from contractor and.approved by City Engineer. 4. Affidavit of all Labors Paid. 5. Affidavit of all Materials Paid. 6. Certificate of Warranty—City of Port Arthur form signed by Contractor. 7. Contractor's Certificate and Release- City of Port Arthur form signed by Contractor. 8. Engineer's Certificate of Acceptance- City of Port Arthur Engineer. H-8B n x y�7�F�. r .s • j z^ P I PHILADELPHIA Philadelphia Indemnity Insurance Company Mk INSUR:INCG COMPANIES Bala Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 .l*mixt did. Yui hi 34.it4itr Gin. BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, A&M Construction and Utilities, Inc. Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of Texas, as Surety, are held an firmly bound unto City of Port Arthur (hereinafter called the Obligee)in the full and just sum of Five Percent of Greatest Amount Bid ($ 5%G.A.B. ) for the payment whereof in lawful money of the United States , we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the said PRINCIAL has submitted the accompanying bid for: 500,000 ELEVATED WATER STORAGE TANK REHABILITATION Port Arthur,TX NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. Signed and Sealed this 4th day of March , 20 20 A&M pstru ion and Utilities, Inc. AL dt.----'-------- Pnnctpal(Seal) PHILADELPHIA IND 'ii NITY INSURANCE GOIM)PANY / ' Brent M.Blonigan Attorney-In-Fact(Seal) 2368 One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Debbie Palmer,Kara Pierce,Marc'Luse and/or Brent M.Blonigan of Grayhawk Insurance Associates its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed S50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the l41'of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(1)Appoint Attomey(s)in Fact and authorize the Attomey(s)in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto;and (2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,2017. .'a�a;r 'f••s tW 1927 • (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27th day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.'y cow�aNwr�r ry Now NW O'n2/fir i 1 ,`"'°°•aro S.N.13. ,q Notary Public: o y.e�..raew..f.o�a m residing at: Bala Cynwyd.PA (Notary Seal) My commission expires: September 25.2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 27"day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ' In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company thisY14-11 day of4"rf r ,20 `aQEyN1.r•�� G 3:rY :f y t d 1927 'W • Edward Sayago,Corporate Secretary fc PHILADELPHIA INDEMNITY INSURANCE COMPANY PHILADELPHIA INDEMNITY INSURANCE COMPANY IMPORTANT NOTICE ADVISO IMPORTANTE To 0.:rta r,in'c'na:on or make a CO' p'='rit� YCJ ra r Pa'avG ^o"I''or a.i^rG para qJe;aSLr�a/.yao' free t7`ep�o�e ru'rb-•for Listed pJede Lama'anumercdto-"fono gratis deo - or o mace cGmp'G^t F fn:orfaoion 0 para S]'iter una que,a :al 1-877-438-7459 1-877-438-7459 Ycu r-.ay also .. .= Pr nd_'p a i, M^ Insj-e- U t� CO-rizan at 1 3:�d t3ni'e {,^E�.S ejcr,J'a Pr'c c',ri '? rde-rin'ty Ins -� Comparif One Bala Plaza. Suite 10C One Bata Plaza,Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd,PA 19004 Attention: Senior Vice President and Director of Surety Attention: Senior Vice President and Director of Surety You nay content the Texas D `0:I^ to obtain Ir1f0 i;'s:G' Gr'CO^'03 i a CJ`/7•."', ,Ir^1- Puede CJT1:Jr1 3;Cor B� D=;�=ia^"e"'`_G CS cb: _ � Sc; -os de Texas ±tom {� so" •ola•1 s at �� p3'a OJ`.?'13r t'I 0f^l3c 0^a38'Cc de con^pa-'as. cobs-Liras de'e;ros a oie,=3 a:: 1-800-252-3439 1-800-252-3439 Yo..rlay s,vr:t_the Texas Department o;1-sJr at c= Puede ascr b r 2' De-palms-It:: de J2�J'o.5 ce Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax#512-475-1771 Fax r 512-475-1771 Web: http:/wwr.tdi.state.tx.us Web: http:/hvvnv.tdi.state.tx.us Email: ConsamerProtection c td •sta`e.tx.us Email: ConsumerPratection=t9i.st.3te.tx.u; PREMIUM OR CLAIM DISPUTES S^,oild yoJ have DISPUTAS SOBRE PRIMAS 0 RECLM,IOS: S a dispute concerning your premiJ•r:o'abouta carr you a at:_n„ una d sputa conc2rni:-1`e a su prima c a ur should contact the SLretyfirst If the d' ` not resolved �']"1 ma/ a� Sp•Jte 13 f$C'?mC. d�3b?comunica-se con e' Surety p'{`le*: 5' i /Con:_-.. tl-e Texas Deoa-tr-= se resJerv3 a �, of Insira-Ge ro l disputa pJe�c cnt0'Ce$ co-1J1'::a-rse con el dopa tern:^to (TDi: ATTACH TH, NOTICE TO YOUR BO\D Tr s U\A ESTE AVISO A notice is for ir'p•r c,. / and does r:t c-3::-re, - SU proFIpos: A Di=GAR=.ti'TIA: rot c- for t_ c` . ?'--/>• v Este ays: es c -a p' p t de JJ - r J se cci, e-te c^ pa-te O cc-fo..3 1 de tJE ' �' .t�xs.T ''+i' e `y a rti ; ,'� Fi r � ^.•x` A _� Z "^'l'„sT �,• 2 ` - ,� .� a4, � � ,;, 3 '.. -� 'hr`s-i. �.. N'.^�. � r .,... .��S,�'.�e y�y�s. �S3 „�• 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 Pleasure Island Commission, 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 HWY. 73 / SPUR93 EST REHABILITATION, Job No. 19-267 which is hereby referred to and made part hereof as i f fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. J-1 IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 2019. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. J-2 • -24",V • ,••• - A CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 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 AIC, 1AIC,No,Ext): _.,.._---.._.�._....—..._-- Not: E-MAIL ------ ADDRESS:.._.___._ INSURER(S)AFFORDING COVERAGE NAICS INSURER A: INSURED INSURER B: INSURER C: INSURER 0: 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. INSR :ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR;WVD POLICYNUMBER IMM/DDIYYYY) (MM/DDM'YY) LIMITS GENERAL LIABILITY : EACH OCCURRENCE $ `DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ — POLICY —'i PRO- ^ LOC I $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident)! $ AUTOS D AUTOS NON-OWNED PROPERTY DAMAGE I $ HIRED AUTOS AUTOS fl'er acddentl $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADEAGGREGATEDED $ • ANDL RETENTION$ $ WORKERS COMPENSATION ` ! WC STATU- � 'OTH- DYERS'LIABILITY YIN • i TORYUMITS L-----._-)rR.__ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe under - DESCRIPTION OF OPERATIONS below • E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space 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 K-1 ' tk ,3 � +� .?" PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of 2019, a copy of which is hereto attached and made a part hereof for the construction of: HWY. 73 / SPUR93 EST REHABILITATION, JOB No. 19-267 . 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. L-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any 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 , 2019. 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. L-2 r _, "k• ,. � S y NON-COLLUSION AFFIDAVIT FOR PRIME CONTRACTOR _/ � State of r / ) � A _0,¢l ) ss. County of 't -v `uQ ) 1 4 fl}a te bArn.. A,., , being first duly sworn, deposes and says that: (1) _ He is -e5 - . - of a . w h-,..4 ti+rI.41• .,+, é Bidder that has submitted the referenced Bid; (2) He is fully informespecting the preparation and contents of the referenced Bid submitted to C o 1--1,= t •4 r4-1�wf (Owner) in connection with 4 73/Sar- 3 I r /Ze h.t 6;I;3-4-1- cr, (name of contract), and of pertinent circuYnstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees,or parties in interest, including this affiant,has in any way colluded,conspired,connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with such Contract,or to refrain from bidding in connection with such Contract,or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder,firm, or person to fix the price or prices in the referenced Bid or in the Bid of any other bidder, or to fix an overhead, profit, or cost element of the Bid price or the Bid price of any other Bidder, or to secure trough collu on, conspiracy, connivance, or unlawful agreement any advantage against the i it n I cri- A-r-.4i ' (Owner) or any person interested in the proposed Contradt; and (5) The price or prices quoted in the referenced Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (Signed) Pres;',4,,---4--- Title • Subscribed an. • orn 'o before me by the said -�n-lyirb P4-1414onthis 7,r-64—day of ,/ t c.. t A , 20 28 . By; �JW-- ------ s.,:.*�P' JAMES THORN VNota Publ (_;, My Notary ID#125177912 / Yell!' ( -I ""'gyp p +'' Expires January 30,2021 4rAllli2/ed. -•-- County, _.. .. .. . - ) My commission expires 1/3 0, 20 Z-( . SPI SCHAUMBURG POLK. e y a� � a Z s r3 House Bill 89 Verification I, 1--i114.4) d,,— (Person n me), the undersigned re rese tative (hereina er referred to as "Representative" of4 4--,��� Uy5�yyt ' ctt f1 ---/'‘e, �� �e . (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 here 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 Orange County WCID No. 2; 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 Israel-controlled territory, but does not include an action made for ordinary business purposes. , 7. 1.4Z,1"---------------_____ SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFOR ME, the undersigned authority on this 3-p-A day of f/ _Asa 20 F`241•;':.PVNS. l JAMES THORN / („r.*(.**.:.*:1 MY Notary ID#12517791 ,, '''F; +`' ExpiresJanuary 3 thr ,� bIic i ran, R . -t v N.R . s.<'n' c. ` '. ` t' ?> ..* t �sti " a'x-` `wr ac� y-.c . - ,� x. �: , --�t � s, � , ErJr - & ft „ ° rt r2` �f, ^ca _ & svri ky iS < _. �a ^mac ^._�- +.as. a .'� - Y a a e �< v x ,yr y- "� z _.. L QUALIFICATION STATEMENT SUBMITTED TO: CITY OF PORT ARTHUR � th/ Wc c', BY .'l i�_ / �! M �icc [Corporation, 0-Partnership,An Individual] ' / aa , PRINCIPAL OFFICE �ih!f J h 4 4- . /Le,„, e / 7,7,Ec� The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 2. How many years'experience in this type of construction work has your organization had? (a) As a general contractor ( Z-- (b) As a sub-contractor 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner TV 4 N V P-I 4. Have you ever failed to complete any work awarded to you? !t).° If so,where and why? 5. In what manner have you inspected this proposed work? Explain in detail. Re- 6. Explain your plan or layout for performing the proposed work: -11 i'- '1,1,-71— ;._het-- — G:14-1114i— . L t Crac(_41--_--- u S't r-A--,..) 4-211--A-4, (7..e,A-411 i kje i.-1 G'1,---- 7---), a i A) 1 1 ex 1-,e vivv- ,L)-4-4-7,7 e A-cp....14 tpae....-- . (4---1 INJ-144 e.(-- p 1, r.--1A-Le't) -- 7. The work, if awarded to you, will have the personal supervision�] of whom? (a) For administrative management? f ILC k_ 1 f'Lb Y' --_. (b) For resident construction superintendence? ft -(4Sc-f '' e Z (c) What experience in this type of work is enjoyed by the superintendent designated under(b)above? r iS."-- 7,,......„. .---,,,,,,,„,_ I ,.._ -//4„..1,3 • 8. What portions of the work do you intend to sub-let? L` P-2 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity, Etc. Condition Service Location ioin ervy01' gt,tLk, g-0-1-4 L/ ; g oZ pis it,74 _ ---- �xzeci2 9k4 , 6r-/� ' i � _ 3 di efrktiett— s/4.",-7 10. Have you received firm offers for a major items of equipment within prices used in preparing your proposal? 4E- P-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer # 4,7 o--e,) "---s2 /c ° 4i4/%4., / 6. , 7-- 90 '0 (`/5N Svc a ,4/7yen AfizAwydektia- Dated at / 12T -J7 this ,Skit day of a) 20 BY: Z-lif: l'G--" TITLE: fri/2-1 .ti P-a SECTION'=Q CERTIFICATE OF INTERESTED PAtTYFORM • c ■ c 11 FORM CIQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY 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 Govemment Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business elationship with local goy rnmental entity. 4t./1/1 aVI-S 6 Ari—�f !/-112c —,1/r� Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) IName of local government officer about whom the information is being disclosed. 0------ of Officer Describe each employment or otner eustness relattonsnip with the focal government officer, or a tamiiy memoer or 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? Yes rilNo 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? Yes KNo 5 JDeauihe eaLli eniNluymunl ui Luauroaa ielaliuualtiR that the vemtui named in 9et.liOn 1 ilidintdin5 with a GOipuialiOn Oi 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. 6 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). 7 J ,: Signature of vendor doing ._ I es•. with the governmental entity Date _3/3 /� CONFLICT OF INTEREST QUESTIONNAIRE