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HomeMy WebLinkAboutPR 22972: 9TH AVENUE SANITARY SEWER MAIN REPLACEMENT EnKrgS ort rtit r INTEROFFICE MEMORANDUM -WATER UTILITIES DEPARTMENT- DATE: March 3, 2023 TO: The Honorable Mayor and City Council THROUGH: Ronald Burton, City Manager FROM: Calvin Matthews, P.E., Water Utilities Director SUBJECT: PR No. 22972 —9th Avenue Sanitary Sewer Main Replacement Introduction: The 9th Avenue Sanitary Sewer Main is in bad condition,which caused several leaks and overflow incidents. The 9th Avenue Sanitary Sewer Main Replacement will be managed inhouse. Background: On March 1, 2023, the City of Port Arthur received four (4) sealed bids for the project. It was found that ALLCO, LLC of Beaumont, Texas submitted the lowest responsive bid. The Water Utilities Department has decided to award the contract for the 9th Avenue Sanitary Sewer Main Replacement for the Total Amount Bid in the amount of$808,376.25 to ALLCO, LLC. Funding is available in Account No. 307-21-049-8512-00-10-000, Project No. BU0006-CON. Budget Impact: Funding is available in Account No. 307-21-049-8512-00-10-000, Project No. BU0006-CON. Recommendation: I recommend the approval of Proposed Resolution No. 22972, which authorizes the execution of a contract with ALLCO, LLC of Beaumont, Texas for the replacement of the 9th Avenue Sanitary Sewer Main as described/outlined above. PR No. 22972 3/3/2023 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALLCO, LLC OF BEAUMONT, TEXAS FOR THE 9TH AVENUE SANITARY SEWER MAIN REPLACEMENT WITH A PROJECTED BUDGETARY IMPACT OF $808,376.25. FUNDING IS AVAILABLE IN ACCOUNT NO. 307-21-049-8512-00-10-000, PROJECT NO. BU0006-CON. WHEREAS,the 9th Avenue Sanitary Sewer Main is in need of replacement; and, WHEREAS,the 9th Avenue Sanitary Sewer Main Replacement will be managed inhouse; and, WHEREAS, the City advertised for bids on January 21 and January 28, 2023 for the 9th Avenue Sanitary Sewer Main; and, WHEREAS, On March 1, 2023 the City of Port Arthur received four (4) sealed bids for the 9th Avenue Sanitary Sewer Main Replacement; and, WHEREAS, it was found that ALLCO, LLC of Beaumont, Texas submitted the lowest responsive bid for the project with a Total Amount Bid in the amount of$808,376.25. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute a contract with ALLCO, LLC of Beaumont, Texas, for the 9th Avenue Sanitary Sewer Main, with a projected budgetary impact of$808,376.25, contingent upon the notice to proceed; and, THAT, said funding for this contract is available in Account No. 307-21-049-8512-00-10- 000, Project No. BU0006-CON; and, PR No. 22972 3/3/2023 bw Page 2 of 3 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 , 2023 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: APPROVED AS TO FORM: Sherri Bellard Valecia Tizeno City Secretary City Attorney PR No. 22972 3/3/2023 bw Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton City Manager alvin Matthews, P.E. Water Utilities Director APPROVED FOR FUNDING: Kandy Daniel Finance Director e,14 . 4/14's Clifto Williams, CPPB Purchasing Manager EXHIBIT A (Bid Tabulation) 1 CQ N H tn U CO o >" >- E d 18 cc H ° z © cia a c - L -t M O W o > .z A cu EA W .0 O Di) au - E� y r� Q H GY C UN CIO Ca o N Z p N y ) 0 :- � *-0 � : —, U Oq o } y. Qr) El 00, -o m U ct OCU 0 •. •p 0,0 o � o H F ;.T. o CI — 0 cn c o oc 3 v� ° H crt My ' C >• N C r: :11 „�, F� 'a > "0 0 0 d .a EXHIBIT B SPECIFICATIONS AND CONTRACT DOCUMENTS SANITARY SEWER SYSTEM 9TH AVE EXTENSION Con of — 01 ' Vitt4sr — Truly CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS <1Z. tt f t I 1 i VcN MA WS..,% /tt•A.,....• 579S9 4��.y i 11���c RE rT� G` , (-, iIONAA•�r ,i V ..�.- Tommi THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III KENNETH MARKS VAL TIZENO CHARLOTTE MOSES o r t r t h u r CITY ATTORNEY DONALD FRANK,SR. Teta JANUARY 30, 2023 INVITATION TO BID SANITARY SEWER SYSTEM 9TH AVE EXTENSION DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 15, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, February 15, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-021 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street 1 Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. eLo6w. Gt)dieia-rt-d- Clifton Williams, CPPB Purchasing Manager Page 2 of 3 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Sanitary Sewer System 9th Avenue Extension is scheduled for February 2, 2023 at 10:00 A.M., the 5th Floor Council Chambers located at 444 4th Street, Port Arthur, Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. Page 3 of 3 TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID E. BID BOND F. GENERAL CONDITIONS G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. ADDENDUMS L. NOTICE OF AWARD M. NOTICE TO PROCEED N. INSURANCE O. TECHNICAL SPECIFICATIONS P. QUALIFICATION STATEMENT Q. HOUSE BILL 89 VERIFICATION R. NON-COLLUSION AFFIDAVIT S. AFFIDAVIT T. SB 252 CHAPTER 2252 CERTIFICATION U. FEDERAL CLAUSES CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this day of , A.D. 2023 , 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 N&T Construction. Co. herein acting by and through Mr. Vince Jabbia, 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 Sanitary Sewer System 9th Avenue Extension 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 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 808,376.25, 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 (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Scale (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Notice of Award (L) Notice to Proceed (M) Insurance (N) Specifications 6. Contractor acknowledge Addendums 1, 2, and 3. 7. 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. 8. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. A-1 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: CONTRACTOR NAME: TITLE: BY: NAME: ADDRESS: [CORPORATE SEAL] ATTEST: NAME: A-2 SECTION B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BID). " Notice is hereby given that sealed bids, addressed to the City of Port Arthilf, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday, February 15, 2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, February 15, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: SANITARY SEWER SYSTEM 9TH AVE EXTENSION Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, FEBRUARY 2, 2023 AT 10:00 A.M. AT 5TH FLOOR CONFERENCE ROOM CITY HALL, 444 4TH STREET,PORT ARTHUR, TX 77640 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. e4094,141.4- Clifton Williams Purchasing Manager FIRST PUBLICATION: January 21, 2023 SECOND PUBLICATION: January 28, 2023 SECTION C INFORMATION TO BIDDERS INFORMATION TO BIDDERS The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures, with amounts extended and totaled,and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items(if shown in the Proposal form). "No Bid" shall be entered in the blank spaces, therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided, therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown,together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation. by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration,the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. DID 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. (-I 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 be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. 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 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, a copy of which is attached hereto and is hereby incorporated by reference). 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and Arceneaux and Gates Consulting Engineers, Inc., A Burrow Global Company, its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000, and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 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 the 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. c-4 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization. and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the City of Port Arthur and be exempt from sales tax. 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 c of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information,or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer,not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in,or omissions from,the Plans,Specifications or other Contract Documents,or should a Bidder be in doubt as to their meaning,the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum, if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT 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 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. c-6 14. EQUAL OPPO,$ILJJ Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTOM 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 PRICE 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. 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. Bids received from firms or individuals not listed on the roll of attendees of the NON MANDATORY PRE- BID CONFERENCE will be rejected and returned unopened to the Bidder. C-7 SECTION D BID PROPOSAL CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE.EXTENSION CONTRACT Item Qty. Unit Description Unit Price Total Price BASE BID 1 LS Mobilization costs, including payment bond, - performance bond, insurance, moving equipment to project,and project sign,all in strict accordance with the plans and specifications; • NOT TO EXCEED 4%of total project cost,for :S-An .K1e, -r1,04,avv, DOLLARS N° - « CENTS $.3 , 000 00 $31) 000 . 0Q Lump Sum 2. 1 LS Furnish and Install 8" Diameter Sanitary Sewer Pipe Stub-Out using 8" SDR 26 PVC Pipe or 8"SDR-17 HDPE Pipe from MH-08 to Property Line, complete in place, all depths, including pipe,connection to manhole,connection to existing 8"sewer pipe or plugging as directed by the Engineer,including bypass pumping,cleaning, well points,testing and necessary appurtenances, all in strict accordance with plans and specifications for -1oytiso...A L- 1.6",_t.._;l DOLLARS 500 , 0D /�,t0 CENTS $ ,500• Oo $ �1 Per Linear Foot 3. 900 LF Furnish and Install 16" Diameter Sanitary Sewer Pipe by Open Cut using 15"SDR 26 PVC Pipe or Directional Drilling Using 16" SDR-17 HDPE Pipe, complete in place, all depths, including pipe, connection to manholes, bypass pumping, cleaning, well points, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specifications for v,,v„a0.4 S'X — DOLLARS ' Seger, Ve. CENTS $ ..s( 0• 7. $504 t075, l?p Per Linear Foot 4. 120 LF Furnish and Install 20" Diameter Sanitary Sewer Pipe by Directional Drilling Crossing 9"' A"?..Using 20"SDR-17 HDPE Pipe,complete in place, all depths, including pipe, connection to manholes,bypass pumping,cleaning,well points, surface restor.On, testing, and necessary appurtenances, all in strict accordance with plans and specifications for Y'Utr.r aLLylSLL 1-01-403 Tkee DOLLARS T1ni 2 1 e CENTS $ 4.2 3• .a $ .3 C,1 j 0.( 0 Per Linear Foot Addendum- 1 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TII AVE.EXTENSION CONTRACT 5. 285 LF Furnish and Install 20" Diameter Sanitary Sewer Pipe by Open Cut using 18"SDR 26 PVC Pipe or Directional Drilling Using 20" SDR-17 • HDPE Pipe, complete in place, all depths, including pipe, connection to manholes, bypass pumping, cleaning, well points, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specifications for r,,L J�- %J'IaVLLARS 71, r�3e i� �i\Jt'. 'CENTS $� g. r)5 $ / 33o1, 1 Per Linear Foot 6. 5 EA Furnish and Install Reinforced Concrete Sanitary Sewer Manhole as Per Plans,complete in place, including excavation, cement stabilized sand backfill,compaction,surface restoration,C.I. Ring and cover, and stainless steel rainstopper, water-tight connection of existing and proposed sanitary sewer lines, and testing, all in strict accordance with the plans and specifications for Vt 1 St,e� Jt Me14,1DOLLARS QV CENTS $Jr SUG". ©O $ 2'7,goo.o1) Per Each 7. 1 EA Furnish and Install Cement Stabilized Sand Backfill of Sanitary Sewer Manhole No. 5 Full Depth Using minimum 2 Sack Cement Per Cubic Yard Sand,complete in place,all depths, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specificationsc for fi \ i ()he_ I kcitA. t4 tttl;, AlA h A+DOLLARS No -CENTS $ I, QCC.O O $ I j trC. Per Each 8. I305 LF Post-Installation TV Inspection (1,305 LF per Each) including all labor, materials, and equipment, all in strict accordance with the plans and specifications for 'rut)Q DOLLARS JVl t1 CENTS $ - , 0 t $- 101 0. O C) Per Linear Foot 9, 1 LS Not Used DOLLARS CENTS $ $ Lump Sum Addendum - 1 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9"AVE.EXTENSION CONTRACT 10. 1 LS Temporary, Rerouting of Existing Sanitary Sewer Force Main from 57'h Street to Existing Manhole No.4 and Permanent Connection to Manhole No.5,to include temporary rerouting of SFM while installing new sewer line,coordination with entities utilizing SFM, connection to new manhole once sewer is installed,complete in place including embedment, excavation, backfill, surface restoration and testing all in strict accordance with the plans and specifications for d Z G.v.SC.'i c DOLLARS CENTS s5 ObD ,Do $ DoO.00 Lump Sum 1 H. 1 LS Not Used DOLLARS CENTS $ ^� $ Lump Sum 12. 1 EA Point Repair on 8-inch to 24-inch sanitary sewer line,complete in place,all depths,including pipe, connection to manholes or existing pipe, bypass pumping, cleaning, well points, surface restoration, testing and necessary appurtenances, all in strict accordance with plans and specifications for • I l 2 e\v e 1110usy0'e S?'t ( •vL DOLLARS A,/ CENTS $ j l 7ao: O0 $ 01' _4� Per Each 13. 1 EA Provide a Trench Safety Plan and a Trench Safety System, all in strict accordance with the plans and specifications for e VI-Aret . DOLLARS /UC CENTS $ f C: 0 - vO $ (©0 . C° Per Each Addendum - 1 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE.EXTENSION CONTRACT 14. 1 LS Provide Two 4" Sewage Service Self Priming Pumping Units for Installation by Water Utilities at the Staff Sargent Lucian Adams Pump Station. The pumping units shall be complete with pump, 10 Hp 480/240 Volt 3 phase electric motor,sheaves,drive belts, guards, fabricated steel base plate, adjustable motor mount complete and operable in accordance with the specifications. 11-1;( 4yy- 0A,A. ctrr. . DOLLARS tie CENTS S-3 21, O60, 00 $.3L,pt0. G0 Lump Sum *Du Not extend unit prices or total out bid items.Show unit and lump sun,prices in words and figures only.In case of discrepancy, the amount shown in words will govern. All extensions and total prices will be calculated by Owner and/or Engineer. Bidder's calculated totalbid amount is to he provided on accompanying"Bid Opening"Sheet. Addendum - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9T" AVE. EXTENSION CONTRACT BID OPENING In the space provided below,please enter your total bid amount for this project. Only this figure will be read publicly by the owner at the public bid opening. It is understood and agreed by the bidder in signing the proposal that the total 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 the Owner and/or Engineer by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all the extended amounts bid for all lump sum items. Project: City of Port Arthur,Texas SANITARY SEWER SYSTEM EXTENSION 9TH AVE. CONTRACT Owner: City of Port Arthur 444 4th Street Port Arthur,Texas 77640 Total Base Bid (Items 1-14) Acknowledge Addenda: No. One ,dated 2-06-23 ,2023 No. Two ,dated 2-21-23 ,2023 No. Three,dated 2-23-23 ,2023 No. , dated ,2023 ALLCO LLC 6720 COLLEGE, BEAUMONT,TX 77707 COMPANY NAME `°° 1,,e• . STREET ADDRESS • -- • - P.O. BOX 3684 IGNATURE OF BIDDER . m P.O. BOX = T.W. HARRISON `s, • .. ° BEAUMONT,TX 77704 PRINT OR TYPE NAME ��� *i °° CITY STATE ZIP PRESIDENT 409-860-4459 TITLE AREA CODE TELEPHONE NO tharrison@allco.com 409-860-3857 EMAIL FAX NO. ADDENDUM NO. 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT Addendum Number 1 consists of the following actions. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 22, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, February 22,2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. Last Day for questions is February 8,2023. Remove and Replace 1. Contractor shall replace the Bid Proposal in the original bid with the attached Bid Proposal. 2. Contractor shall replace the Scope of Work in the original bid with the attached Scope of Work Add 1. Contractor shall add Specification ITEM 702—PVC GRAVITY SEWER PIPE AND FITTINGS Delete 1. Contractor shall delete Drawing C-1.1. See Note 2 below. Notes: 1. PVC rubber gasketed sewer pipe maybe used as an alternate to HDPE sewer pipe in open cut installation. The size of the sewer shown on the Drawings is based on SDR 17 HDPE. If PVC pipe is used it shall be sized as listed in the revised Scope of Work. The crossing of 9th Avenue shall be with directionally drilled HDPE. 2. The 8" sewer crossing the parking lot at the City of Port Arthur Health Center is deleted from Project. The Contractor shall install an 8"stub-out from Manhole MH-08 to the property line of the Health Center and either connect to the existing 8" sewer or plug the stub-out as directed by the Engineer. The stub-out shall be laid at the grade and slope of the 8"sewer that is being deleted. (pax, (,r"€t CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 702- PVC GRAVITY SEWER PIPE AND FITTINGS 702.01 - General The work includes all PVC(Poly Vinyl Chloride) Gravity Sewer pipe installed at locations and grades shown on plans and consisting of all excavation, backfilling, testing, and the furnishing of all materials, equipment, tools, labor, and incidentals for complete construction of the sewer line. 702.02— Pipe and Fittings All PVC (Poly Vinyl Chloride) sewer pipe and fittings installed under these specifications and intended as a gravity sewer line shall be manufactured to the dimensions and minimum design criteria as set forth in "Type PSM (Poly Vinyl Chloride) (PVC) Sewer Pipe and Fittings", ASTM Designation D-3034 or F679q4w3 as applicable, except as herein stated. Pipe shall have a minimum SDR of 26. Joints used in installing PVC sewer pipe shall be of the bell and spigot confined rubber gasket type with joining in agreement with the manufacturer's recommendations. Pipe shall be installed in compliance with Item 400 of these specifications, manufacturer's specifications, and ASTM Standard D-2321-72 for "Underground Installation of Flexible Thermoplastic Sewer Pipe" or latest revision thereof. Pipe shall be kept in the bundle as shipped from the plant until the day it is installed. A deflection test may be required if deflection is apparent. 702.03 — Inspection and Testing Upon request, the CONTRACTOR shall furnish the OWNER with a certified copy of test results showing that pipe supplier's material meets the requirements of this specification and those set forth in ASTM D- 3034. The finished gravity sewer line shall pass the test in agreement with the procedure outlined in Item 450. If any section of line fails to pass the above test, the CONTRACTOR, at his own expense, shall locate and repair all defects and retest until the line passes the prescribed test. 702.04— Method of Payment Payment shall be by linear foot of pipe, complete in place, measured in agreement with Item 400.21 and consisting of all materials, labor, excavation, backfilling, testing, inspection, and other incidentals necessary to complete construction. End of Section Addendum - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT GENERAL This contract provides for the extension of the sanitary gravity sewer along 9th Avenue from the existing manhole located at Staff Sergeant Lucian Adams Elementary School to the new City of Port Arthur Health Facility located adjacent to the Ecclesia church by open cut and/or directional drilling including installation of new sanitary sewer manholes, rerouting of the existing 4" sanitary force main from the starting manhole to the proposed manhole on 57th Street, appurtenances, all necessary labor, materials, equipment,and testing. SPECIFIC This Contractor shall include all necessary labor, materials, equipment, tools, inspection, testing, and superintendence required for the complete and operable construction of the proposed project as shown on the contract plans and specifications. This contract includes, but is not limited to the following: 1. The Contractor shall install approximately Length Nominal Size (Nominal OD) Size (Nominal OD) L.Ft. Sewer Size SDR 26 PVC SDR 17 HDPE 10 8" 8" 8" 900 16" 15" 16" 285 20" 18" 20" 120* 20" 20" *120 LF SDR 17 HDPE to be installed by directional drilling under 9th Ave. Contractor shall utilize HDPE pipe for all directionally drilled installations and may utilize PVC or HDPE in open cut installations. Sewer line size shown on drawings is based on HDPE pipe size and the actual size shall be as listed above based on material selection. The section crossing 9th Avenue shall be SDR 17 HDPE and shall be installed by directional drilling. 2. Contractor shall install five (5) new 48" reinforced concrete manholes complete with cast iron covers, all in accordance with the plans and specifications. 3. Contractor shall provide an 8" sewer stub out at the Health Facility and either connect to the existing 8" sanitary sewer at the Health Center or plug line (as directed by the Engineer), all in accordance with the plansand specifications. 4. Post-Construction TV approximately 1,305 LF of new sanitary sewer line all in accordance with plans and specifications. 5. Contractor to provide temporary rerouting of the existing 4" Sanitary force main from 57th Street to Manhole No. 4 to maintain in service during installation of proposed sanitary sewer and connection of force main to Manhole No. 5 once sanitary sewer is Addendum - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT substantially complete. 6. Not Used. 7. Contractor shall ensure that access is maintained to any business and churches during construction, driveways are to be re-instated as soon as possible if damaged during construction and the bus stop located in the sewer route is repaired or replaced if damaged. The Contractor shall coordinate with Port Arthur Transit in regard to the bus stop and with all impacted businesses and churches. 8. Contractor is to furnish two 4-inch self-priming sewage pumps to the City Water Utilities Department for the City to install in the sewage pump station on 9th Avenue. CONDITIONS ALONG THE ROUTES The Contractor's attention is called to various physical conditions along the routes asfollows. 1. Overhead power lines are located near or within the project site. The Contractor shall notify proper authorities at least 72 hours before construction begins. The Contractor shall take precautions to avoid damage to power lines, foundations, guywires, and appurtenances. The Contractor shall observe all applicable OSHA and owner requirements while working near the overhead power lines including restriction of height of equipment. 2. Underground utilities and pipelines exist near or within the project area. During construction the Contractor shall take the necessary precautions to avoid damaging the existing utilities within the limits of the project site. SPECIAL REQUIREMENTS The Contractor shall contact Brian Wallace (409) 983-8180 prior to starting anywork within the project site. The Contractor shall restore all project locations to their original condition or better prior to the project completion. Addendum- 1 ADDENDUM NO. 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9' AVE. EXTENSION CONTRACT 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, March 1, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 2. Attached is answers to some questions. Answers in bold A. Are you requiring the new manholes to be coated? I didn't see anything n there about SewperCoat? The manholes do not require coating. B. Are the HDPE pipes to be IPS or DIP sized? The HDPE is to be IPS(Iron Pipe Size) C. Can 57th St. be open cut? 57th St must remain open at all times as it is the main entrance to the school and business located on 57th St D. Drawing C-1.4 and Drawings C-1.6 appear to be duplicates, please advise. Please replace Drawing C-1.4 with Drawing C-1.6 and delete Drawing C-1.4 E. Does the pipe need to be HDPE, can we use joint pipe. See Addendum 1,which includes specification for PVC and revised Bill of Quantities identifying allowable pipe.The crossing of 9th Ave. must be HDPE and installed by directional drilling. F. Grades at MH 8 is-7.69, MH 7 at-7.35 and MH 6-9.18 is this correct.There is a hump in the middle and %fall seems a lot. MH No. 7 flow line is-8.43 as shown on Sht C 1.3. G. What do we do about the SET that will be in the way and RCP? Do we remove and reset? The Safety End Treatments(SET)for culverts that have them must be reinstalled if removed and repaired or replaced if damaged. If existing culverts or SET interfere with a manhole the manhole shall be field relocated to clear, as approved by Engineer. H. Can the force main be cut off for a short time frame? The existing force main discharging into MH No. 4 that is being relocated to discharge into MH No.Scan only be shut down for short periods.The shut down will have to be coordinated with the businesses pumping into the force main by the Contractor. I. Driveways that we must cut across, do they get replaced to ROW line or just what is taken out? The driveways are to be saw cut and an expansion joint is to be installed on the face of the existing concrete when the replacement concrete is installed.The Contractor only has to replace what is removed but the joint faces must be smooth and clean. J. The bus stop pad and building will need to be moved.Will the City do this or does the Contractor include in bid? The Contractor is responsible for moving and replacing the bus stop pad and building. If the bus stop pad and building are damage by the Contractor during the move it will be the responsibility of the Contractor to repair the damaged parts to its current condition. The Contractor will schedule the move I of the bus stop pad and building to minimize the impact to the transit system. CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ADDENDUM NO. 3 CLARIFICATIONS 1. Replace Note 5 under Sanitary Sewers on Sheet A-10 General Notes with the following: 5. SANITARY SEWER TRENCHES UNDER OR WITHIN ONE (1) FOOT OF EXISTING, PROPOSED OR FUTURE PAVEMENT ARE TO BE BACKFILLED WITH CEMENT-STABILIZED SAND BACKFILL TO WITHIN ONE (1) FOOT OF SUBGRADE. BEDDING WILL BE CEMENT-STABILIZED SAND BACKFILL (1.1 SACKS CEMENT PER TON OF SAND) FOR ALL SANITARY SEWERS. 2. Replace page 34 with the attached Page 34 sheet included within this Addendum No. 3. SECTION E _ ) ��= 1 Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name,legal staters and address) (Name,legal status and principal place of business) This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with (Nance,legal status and address) respect to its completion or modification. Any singular reference to Contractor,Surety.Owner or BOND AMOUNT: other party shall be considered plural where applicable PROJECT: (Name,locution or address,and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set lirth above.tie the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may he agreed to by the Owner and Contractor,and the Contractor either(I)enters into a contract with the Owner in accordance with the terms of such hid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond.between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall he null and void,otherwise to remain in till Ibree and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the hid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project. • any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcrefrom and provisions conforming to such statutory or other legal requirement shall he deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this day of (C'antixtetor•as Principal) (Seal) (Witness) (Title) (.Surety) (Seal) (Witness) /Title) CAUTION You should sign an original AlA Contract Document,on which this text appears in RED An original assures that changes will not be obscured Init. Alit Document A310'x'-2010(rov.10/2010).Copyright C 1963, 1970 and 2010 by The American Institute of Architects.All rights reserved. WARNING:This Ala'Document is protected try U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA$'Document,or any portion of it.may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law Purchasers are permitted to reproduce ten(10)copies of this document when completed To report copyright violations of AIA Contract Documents.e-mail The American Institute of Architects'legal counsel copyright@aia SECTION F GENERAL CONDITIONS 4 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 f -i 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 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 62. Overtime Compensation Required by Contract Work Hours and Safety Standards Act(76 Stat. 357-360; Title 40 U.S.C.. Sections 327-332 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 Expressed as Hourly Wage Rates 67. Posting Wage Determination Decisions and Authorized Wage Deductions 68. Complaints. Proceedings or Testimony by Employees 69. Claims and Disputes Pertaining to Wage Rates 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 74. Provisions to be Included in Certain Subcontracts 75. Breach of Foregoing Federal Labor Standards Provisions 76. Employment Practices 77. Contract Termination; Debarment 78. Kickbacks from Public Works Employees 79. Labor-Title 29 CFR Part 3 f 80. Weekly Statement with Respect to Payment of Wages 81. Submission of Weekly Statements and the Preservation and Inspection of Weekly Payroll Records 82. Payroll Deductions Permissible without Application to or Approval of the Secretary of Labor 83. Payroll Deductions Permissible with the Approval of the Secretary of Labor 84. Applications for the Approval of the Secretary of Labor 85. Section 3.8 Action by the Secretary of Labor upon Applications 86. Prohibited Payroll Deductions 87. Methods of Payment of Wages 88. Regulations Part of Contract 89. Equal Opportunity Provisions (E.O. 11246) 90. Section 3 Compliance in the Provision of Training. Employment and Business Opportunities 91. Civil Rights Act of 1964 92. Section 109 of the Housing and Community Development Act of 1974 93. Indemnification 94. Delays 95. Maintenance of Work 96. Antitrust 97. Labor. Materials, and Equipment 98. Federal Labor Standards Provisions 99. Delay, Disruption and/or Other Claims 100. Differing Site Conditions t-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. "Sub-contractor": 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. f. "ENGINEER": City Engineer, City of 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 - PUBLIC WORKS. 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. E 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all Personnel required in performing the work under this Contract. Such personnel shall not be Employees of or have any contractual relationship with the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds. both federal and non-federal shares. 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 PORTARTHUR. 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 F-6 in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract: and the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES 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 F to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b)a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment. and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 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. 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. I.-3 If the ENGINEER and/or OWNER determines that portions of the project require additional testing or inspection not included in CONTRACTORS 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 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. I.-9 22. SURVEYS a. The Engineer will provide one benchmark, near or on the site of the work, and will provide 2 points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish all other lines, grades. and benchmarks required for proper execution of the work. b. The CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the General Requirements) and shall preserve all benchmarks. stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor's employees. the CONTRACTOR shall be responsible for the accurate replacement of such reference points by professionally qualified personnel at no additional cost to the OWNER. c. Unless otherwise expressly provided for in the Specifications, the OWNER will furnish the 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 CONTRACTOR'S and Subcontractors shall furnish to the OWNER the following: F-10 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 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-based 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 OWNER'S of public utility property of the intention to use explosives at least eight(8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. 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 F-II 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 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 along 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, F-I2 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 CONTRACTOR'S. c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; 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 affect 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. F-1; 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 CONTRACTOR'S. 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 CONTRACTOR'S and shall notify the Architect/Engineer 4 immediately of lack of progress or effective workmanship on the part of other CONTRACTOR'S. 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 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. In addition to the provisions, the CONTRACTOR shall perform not less than 50 percent of the "Services" as shown on the bid form with its own forces. The 50 percent requirement shall be understood to refer to the "Services" line on the bid form, based on estimated quantities. 39. ARCHITECT/ENGINEERS 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/Engineers estimates, and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications,the determination or decision F-14 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 CONTRACTOR'S, 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 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 CONTRACTOR'S If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER F-15 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 4 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 percent(90%)cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project. and the balance of the cost thereof. no later than the 30th day following the completion of that part of the work in or on which such materials. tools and equipment are incorporated or used, and (c)to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR. the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 47. CONSTRUCTION SCHEDULE A. The successful Bidder shall, within seven (7) calendar days of the date of the Notice of Award and prior to issuance of the Notice to Proceed, submit a detailed Critical Path Method (CPM) Construction Schedule', hereinafter called "Schedule". The Schedule shall follow the"Sequence of Work" which is listed in the Scope of Work section of these Contract Documents. The Schedule shall consist of the following: 1. A logic network CPM arrow or precedence diagram of sufficient detail to construct each segment of the project and to construct the total project. 2. A detailed activities list which includes the following information in tabular form: a. A listing of all submittal. production, procurement and construction management activities: b. The expected duration (in days) of each activity listed; c. The activities upon which the start of each activity depends: d. The resource requirements(manpower. material and equipment)for each activity: and e. An estimated dollar value of each activity such that the sum total value of all activities equals the total dollar value of the Bid. LIG B. The Owner will review with the CONTRACTOR the proposed CPM schedule submitted by the CONTRACTOR. The purpose of this review is to assure adequate planning for the proper and timely execution of the Work and to assist the Owner in appraising the suitability of the proposed network Schedule for construction of the project. C. Upon acceptance by the OWNER the Schedule will become the basis for monitoring and measuring the progress of the Work. To assure proper tracking of progress throughout the performance of the Work. the CONTRCTOR shall maintain and continuously update his detailed network Schedule. The CONTRACTOR shall, during the first week of each month and at other times as the OWNER may request, furnish to the OWNER an updated schedule which is clearly marked to show the actual percent completion of each activity as of the date of the Schedule update. The CONTRATOR shall submit with the Schedule update, a narrative report of the progress made during the period covered by the Schedule update. This report shall outline accomplishments during the reporting period and shall include a discussion of problems encountered and of how those problems have been or will be dealt with. The narrative report shall also include a discussion of changes or other items encountered which, in the opinion of the CONTRACTOR. may cause problems to the future progress of the Work. The CONTRACTOR shall include in the report a plan of action for overcoming the potential problems stated. a. The OWNER retains the right to withhold progress payments until the CONTRACTOR'S updated schedule has been accepted by the OWNER. b. During the course of the Work the Schedule may be revised by agreement of the OWNER and the Contractor. Each revision of the Schedule shall supersede and replace all previous versions of the Schedule. The revised Schedule shall include the following information: 1. Date of revision; 2. Identification of all changes made to the original schedule, including the incorporation of an anticipated Change Orders, 3 Concise narrative explanation of the reasons for each change. c. The CONTRACTOR may request Schedule revisions by submitting a revised Schedule in the form outlined above. However, if the OWNER cannot agree to the suggested revisions, the Contractor shall make those adjustments as may be required to maintain the original Schedule. d. Responsibility for the CONTRACTOR'S Schedule(s) in all aspects, assumptions and implications, either known or unknown. made or assumed, by the CONTRACTOR in the preparation of his Schedule(s), is entirely that of the CONTRACTOR. Acceptance of the CONTRACTOR'S schedule(s) by the OWNER shall in no way make the OWNER responsible for the execution or non-execution of the CONTRACTOR'S schedule nor is the OWNER responsible or liable in any way for any acts, errors, omissions or negligence of the CONTRACTOR or any Sub-contractor or any of the CONTRACTR'S or Sub- contractor's agents, assigns, servants or employees or any other person. firm or corporation performing or attempting to perform the Work. F-1 7 48. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30) calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds$25.000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided,that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building,public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the City of Port Arthur Council's regular schedule of meeting on every other Tuesday. 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. 49. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. 50. 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. materiaimen 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 nature hereinabove designated have been paid. discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR,either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR. and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not F-I8 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: 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 F 9 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 officiallyfor 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". It is agreed that the Contractor will pay the City for each and every calendar day of delay beyond the Time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture: Milestone 1: $500.00 per day for each and every calendar day beyond the Substantial Completion and receiving the Certificate of Occupancy from the City of Port Arthur by September 4th, 2023 Milestone 2: $500.00 additional per day for each and every calendar day beyond the Final Completion Date of October 9th , 2023 and issuance of certificate of completion by the engineer. All liquidated damages specified in this Article shall be cumulative. In the event Contractor fails to complete the Work associated with more than one milestone, liquidated damages will accrue for each and every milestone, in the amount specified above, up and until the work identified for each milestone is complete. In the event the Liquidated Damages are not immediately paid to the City by the Contractor, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 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. F-20 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 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. Provided, further, that the CONTRACTOR shall, within ten (10)working days after total calendar days delayed have been used up in the contract time and such delay thereafter, 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. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefore as provided and if approved therefore by Engineer. Such delays shall include acts of neglect by the OWNER or others performing additional work, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage, or freight F-21 embargoes. All time limits stated in the Contract Documents are of the essence of the Agreement. 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 Inclement weather is any extreme weather condition or conditions resulting immediately there-from, causing the CONTRACTOR to suspend construction operations, or preventing the CONTRACTOR from profitably utilizing at least 75 percent of the normal labor and equipment force engaged on the Work. Examples include rain, snow, wind, extreme temperatures, lightning, and storms. Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the forecast by the local NOAA Weather Reporting Station of 30% or greater chance of inclement weather, or the conditions resulting from the weather, or the condition of the Work prevents work from beginning at the usual starting time, and the crew is dismissed as a result thereof, the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations. 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 there, 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. 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. I:_,2 57. INSPECTION The authorized representatives and agents of the 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/Engineerand shall be onewho 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 mechanics employed upon the work covered by this Contract shall be paid unconditionallyand not less often than once each week and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor,pursuant to the Anti-Kickback Act hereinafter identified)the full amount due at time of payment computed at wage rates not less than those contained in the wage det7ermination decision of said Secretary of Labor (a copy of which is attached hereto and 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 laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2)of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also, for the purpose of this clause, regular contributions made, or costs incurred for more than a weekly period under Plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 60. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wagedetermination. 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 fringe benefits under a Plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: 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 separate account asset forthe 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 by the CONTRACTOR subsequent to receipt of the findings. 62. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: TITLE 40 U.S.C.. SECTIONS 327- 332 a. Overtime Requirements: No CONTRACTOR or Subcontractor contracting for any part 4 of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty(40)hours in such work week. b. Violation - Liability for Unpaid Wages Liquidated Damages: In the event of any violation of the clause set forth in paragraph (a), the CONTRACTOR 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 be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of Ten Dollars($10.00)for each calendar day on which such employee was required or permitted to work in excess of forty(40)hours without payment of the overtime wages required by the clause set forth in paragraph (a). c. Withholding for Liquidated Damages: The OWNER shall withhold or cause to be withheld from any monies payable on account of work performed by the CONTRACTOR or Subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such CONTRACTOR 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 paragraphs(a), (b)and (c)of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts which they may enter into, together with a clause requiring this insertion in any further Subcontracts that may in turn be made. 63. EMPLOYMENT OF APPRENTICES/TRAINEES a. Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his 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 apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision 1--24 (b)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 contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the 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 wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. b. Trainees: Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate, who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training, shall be paid not less than 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 the 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, c. the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is provided. d. Equal Employment Opportunity: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order No. 11246, as amended, and 29 CFR Part 30. 64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 65. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Unlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1)(ii). 66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the OWNER, shall be referred, through the Secretary of Housing and Urban Development, to the 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 made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 68. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 69. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 70. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of(a)the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department 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. 71. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls of the CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR and each F-26 Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b) (2)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2) (B) of the Davis-Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and will maintain records which show the costs anticipated 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 United States Department of Labor. Such representatives shall be permitted to interview employees of the CONTRACTOR or of any Subcontractors during working hours on the job. 72. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the projector program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which these Federal Labor Standards Provisions are applicable. 73. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. The OWNER will not approve any Subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Secretaryof Housing and Urban Development to receive an award of such Subcontract. 74. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontracts which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 75. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontract covers any of the work covered by this Contract, shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. [ _17 76. EMPLOYMENT PRACTICES The CONTRACTOR(1)shall,to the greatest extent practicable,follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed,and(2)shall insert or cause to be inserted the same provision in each construction Subcontract. 77. CONTRACT TERMINATION; DEBARMENT A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract and for debarment as provided in 29 CFR 5.6. 78. KICKBACKS FROM PUBLIC WORKS EMPLOYEES a. Whoever,by force,intimidation,or threat of procuring dismissal from employment or by any other manner whatsoever, induces any person employed in the construction, prosecution, completion or repair of any public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under this Contract of employment, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. b. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S 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 each Contractor and Subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. c. Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle 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 mentioned. Said regulations follow in Section 79. 79. LABOR-TITLE 29 CFR PART 3 This part prescribes "Anti-Kickback" regulations under Section 2 of the Act of June 13, 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, 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. This part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally-assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14(e.g. the College Housing Act of 1950,the Federal Water Pollution Control Act and the Housing Act of 1959),and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. This part details the obligation of CONTRACTOR'S and Subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby, sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work and delineates the methods of payment permissible on such work. Section 3.2 definitions as used in this part: F-28 a. The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing or materials or servicing and maintenance work. The terms include without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies or equipment (whether or not a federal or state agency acquires title to such materials, articles, supplies or equipment during the course of the manufacture or furnishing or owns the 1 materials from which they are manufactured or furnished)is not a"building"orwork"within the meaning of the regulations in this part. b. The terms"construction", "prosecution", "completion"or"repair" mean all types of work done on a particular building orwork at the site thereof, including,without limitation,altering, remodeling,painting and decorating,the transporting of materials and supplies to orfrom the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work by persons employed at the site by the CONTRACTOR or Subcontractor. c. The terms "public building" or "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 States"includes building or work for whose construction, prosecution completion or repair, as defined as above, payment or part payment is made directly or indirectly from funds provided by loans or grants bya federal agency. The term does not include building orwork for which federal assistance is limited solely to loan guarantees or insurance. e. Every person paid by a CONTRACTOR or Subcontractor in any manner for his labor in the construction,prosecution,completion or repair of any public buildings,or public works or buildings or works financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. f. The term "any affiliated person" includes a spouse, child, parent or other close relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR or Subcontractor; a corporation closely connected with the CONTRACTOR or Subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. g. The term "federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States and of the District of Columbia,including corporations, all or substantially all of the stock which is beneficially owned by the United States, by the District of Columbia or any of the foregoing departments, establishments, agencies and instrumentalities. 80. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES a. As used in this section, the term "employee" shall not apply to persons in classifications F-29 higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. b. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution, completion or repair of any public buildings, or public works, or buildings or works financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the CONTRACTOR or Subcontractor or by an authorized officer or employee of the CONTRACTOR or Subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance", or on identical form on the back of WH 347, "Payroll(for CONTRACTOR'S Optional Use)"or on anyform with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the government contracting or sponsoring agency and copies 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 less. d. Upon a written finding by the head of a federal agency,the 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 a. Each weekly statement required under § 3.3 shall be delivered by the CONTRACTOR or Subcontractor,within seven(7)days after the regular payment date of the payroll period, to a representative of OWNER in charge at the site of the building or work or, if there is no representative of OWNER at the site of the building or work, the 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, shall be kept available and shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. b. Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records for a period of three(3)years from date of completion of the Contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative and by authorized representatives of the Department of Labor. 82. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE SECRETARY OF LABOR Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. a. Any deduction made in compliance with the requirements of federal, state or local law, such as federal or state withholding income taxes and federal social securitytaxes. 1 -30 b. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. c. Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the CONTRACTOR, Subcontractor, or any affiliated person, or when collusion or collaboration exists. d. Any deduction 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 care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts or similar payments for the benefit of employees, 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 the employee in writing and in advance 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 employment, or (ii) provided for in a bona fide collective bargaining agreement between the e. CONTRACTOR or Subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained directly or indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in the form of commission, dividend or otherwise; and(4)the deductions shall serve the convenience and interest of the employee. f. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. g. Any deduction requested by the employee to enable him to repay loans to, or to purchase shares in credit unions organized and operated in accordance with federal and state credit union statutes. h. Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies such as the American Red Cross. i. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. j. Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. k. Any deduction not more than for the"reasonable cost"of board, lodging or other facilities meeting the requirements of Section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made, the additional records required under § 516.27(a) of this title shall be kept. 83. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE I -3l SECRETARY OF LABOR Any CONTRACTOR or Subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under §3.5. The Secretary may grant permission whenever he finds that: a. The CONTRACTOR, Subcontractor o any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend or otherwise; b. The deduction is not otherwise prohibited by law; c. The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees; and d. The deduction serves the convenience and interest of the employee. 84. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF 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 is compliance with the standards set forth in the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. d. The application shall include a description of the proposed deduction, the purpose to be served thereby and the classes of laborers or mechanics from whose wages the proposed deduction would be made. e. The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. 85. SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6 and shall notify the applicant in writing of his decision. 86. PROHIBITED PAYROLL DEDUCTIONS Deductions not elsewhere provided for by this part and which are not found to be permissible under §3.6 are prohibited. 87. METHODS OF PAYMENT OF WAGES F-3 2 The payment of wages shall be by cash, negotiable instruments payable on demand or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. 88. REGULATIONS PART OF CONTRACT All Contracts made with respect to the construction, prosecution, completion or repair of any 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 Subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see §5.5(a) of this subtitle. 89. EQUAL OPPORTUNITY PROVISIONS (E.O. 11246) A. Activities and Contracts Subject to Executive Order 11246, as Amended (applicable to federally assisted construction contracts and related subcontracts under Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees asfollows: (1) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation;and selection fortraining,including apprenticeship. (2) The CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided Contracting Officer setting forth the provisions of this nondiscrimination clause. The CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) CONTRACTOR'S shall incorporate foregoing requirements in all Subcontracts. B. Contracts Subject to Executive Order 11246, as Amended (applicable to federally assisted construction contracts and related subcontracts exceeding Ten Thousand 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 affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to F-33 be provided by the Contract Compliance Officer advising the said labor union or workers' 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. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department 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 with the non- discrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government CONTRACTOR'S or federally assisted construction Contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. 1. The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any Subcontract or 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. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)(applicable to contracts/subcontracts exceeding Ten Thousand Dollars ($10,000)): (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (2) The goals and timetables for minority and female participation,expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Timetable Goals for Female Participation for Participation in Each Trade - 8% Each Trade - 8% These goals are applicable to all the CONTRACTOR'S construction work(whether or not it is federal or federally assisted) performed in the covered area. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (3) The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of$10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract;estimated starting and completion dates of the Subcontract;and the geographical area in which the Contract is to be performed. (4) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is City of Port Arthur, Jefferson County, Texas. D.Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): (1) As used in these Specifications: (a) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (d) "Minority" includes: (i) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples ofthe Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original F-35 peoples of North American maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Whenever the CONTRACTOR, or any subcontractor at any tier, Sub-contract a portion of the work involving any construction trade, it shall physically include in each Subcontract in excess of$10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. (3) If the CONTRACTOR is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. CONTRACTOR'S must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each CONTRACTOR or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other CONTRACTOR'S or Subcontractors toward a goal in an approved Plan does not excuse any covered CONTRACTOR'S or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. (4) The CONTRACTOR shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these Specifications. The goals set forth in the solicitation from which the Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the CONTRACTOR should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered construction CONTRACTOR'S performing construction work in geographical areas where they do not have a federal or federally assisted construction Contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Procurement Contracting Officers. The CONTRACTOR is expected to make substantially uniform progress toward its goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the CONTRACTOR has a collective bargaining agreement to refer either minorities or women shall excuse the CONTRACTOR'S obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (6) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals,such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The CONTRACTOR shall take specific affirmative actions to ensure equal opportunity. The evaluation of the CONTRACTOR'S compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION steps at least as extensive as the following: F-36 (a) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the CONTRACTOR'S employees are assigned to work.The CONTRACTOR,where possible,will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carryout the CONTRACTOR'S obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available and maintain a record of the organizations responses. c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken. d) Provide immediate written notifications to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR'S efforts to meet its obligations. e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR'S employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under7b above. f) Disseminate the CONTRACTOR'S EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. F h) Disseminate the CONTRACTOR'S EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the CONTRACTOR'S EEO policywith other CONTRACTOR'S and Subcontractors with whom the CONTRACTOR does or anticipates doing business. i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR'S recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process. j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CONTRACTOR'S work force. k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR'S obligations under the Specifications are being carried out. n) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o) Document and maintain a record of all solicitations of offers for Subcontracts from minority and female construction CONTRACTOR'S and suppliers, including circulation of solicitations to minority and female CONTRACTOR associations and other business associations. p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR'S EEO policies and affirmative action obligations. (4) CONTRACTOR'S are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a though 7p). The efforts of a CONTRACTOR association, joint CONTRACTOR-union, CONTRACTOR- community or other similar group of which the CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these Specifications provided that the CONTRACTOR actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTOR'S minority and female work force participation, makes a good faith effort to meet its individual goals and timetables and can F-3 4 provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the CONTRACTOR. The obligation shall not be a defense for the CONTRACTOR'S non-compliance. (5) A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the CONTRACTOR has achieved its goals for women generally,the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is underutilized). (6) The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex or national origin. (7) The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from government Contracts pursuant to Executive Order 11246. (8) The CONTRACTOR shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension,termination and cancellation of existing Subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carryout such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. (9) The CONTRACTOR, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (10) The CONTRACTOR shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, CONTRACTOR'S shall not be required to maintain separate records. (11) Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). E-39 90. SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING. EMPLOYMENT AND BUSINESS OPPORTUNITIES During the performance of this Contract, the CONTRACTOR agrees as follows: a. The CONTRACTOR agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701(u)),as amended,the HUD regulations issued pursuant thereto at 24 CFR Part 135 and any applicable rules and orders of HUD issued thereunder. b. The "Section 3 clause" set forth in 24 CFR 135.20(b) shall form part of this Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract Documents". c. CONTRACTOR'S shall incorporate the Section 3 clause shown below and the foregoing requirements in all Subcontracts. d. Section 3 clause as set forth in 24 CFR 135.20(b): (1) The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and Contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part bypersons residing in, the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretaryof Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The CONTRACTOR will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The CONTRACTOR will include this Section 3 clause in every Subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any Subcontract unless the Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the applicant or recipient, t.--tu or its CONTRACTOR'S and Subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 91. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice&Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the City of Port Arthur. 92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 93. INDEMNIFICATION The CONTRACTOR shall defend,indemnify,and hold harmless the OWNER and the Engineer and their respective officers,agents,and employees,from and against all damages,claims,losses, demands, suits, judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or Specifications,or the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of the injury ordamage. 94. DELAYS The CONTRACTOR shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the CONTRACTOR is caused by the failure of the CITY OF PORT ARTHUR to provide information or material, if any, which is to be furnished by the CITY OF PORT ARTHUR. When such extra compensation is claimed, a written statement thereof shall be presented by the CONTRACTOR to the Engineer and, if by him found correct, shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such F-41 delay will entitle the CONTRACTOR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City of Port Arthur Council;and no such extension of time shall release the CONTRACTOR or the Surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. 95. MAINTENANCE OF WORK If, after approval of final payment and prior to expiration of one(1)year after date of Substantial Completion or such longer period as may be prescribed by law or by any applicable special guarantee required by the Contract Documents,anywork is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. The provisions of this paragraph shall not limit the obligation of CONTRACTOR under paragraph 14 (Guarantee of Work) in any respect whatsoever, including the time period of such Guarantee of Work provision in paragraph 14 as will arise under the laws of the State of Texas and such Paragraph 14 and without regard to the provisions of this paragraph (Maintenance of Work), nor shall this paragraph (Maintenance of Work) be construed to establish any period of limitations for any cause of action against CONTRACTOR under the obligations of Paragraph 14. 96. ANTITRUST CONTRACTOR hereby assigns to OWNER any and all claims for overcharges associated with this Contract which arise under the anti-trust laws of the United States, 15 U.S.C.A. Sec. 1, et seq. (1973). 97. Labor, Materials, and Eauipment: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written notice and approval by the Engineer. If the CONTRACTOR performs anywork after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the OWNER any additional cost incurred by the OWNER as a result of such work. b. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime work,i.e.,work in excess of eight(8)hours in any one calendar day or forty(40) hours in any one(1)calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing. Additional compensation will be paid to the CONTRACTOR for overtime work only in the event that extra work is ordered by the Engineer, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. 1 -42 d. All costs of inspection and testing performed during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne bythe CONTRACTOR.The OWNER shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. e. Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, f. Telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the work. g. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required bythe Engineer,the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests)as to the kind and quality of materials and equipment.All materials and equipment shall be applied, installed, connected, erected, used,cleaned,and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the OWNER, nor any of the OWNER'S consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions. 1-43 98. FEDERAL LABOR STANDARDS PROVISIONS Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work times by the contractor and its sub-contractors at covered by his contract pertains is being assisted by the the site of the work in a prominent and accessible, United States of America and the following Federal place where it can be easily seen by the workers. Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal (II) (a)Any class of laborers or mechanics which is assistance. not listed in the wage determination,and which is to be employed under the contract shall be A. 1. (i) Minimum Wages. All laborers and mechanics classified in conformance with the wage employed or working upon the site of the work(or under determination. HUD shall approve an additional the United States Housing Act of 1937 or under the classification and wage rate and fringe benefits Housing Act of 1949 in the construction or development therefore only when the following criteria have of the project),will be paid unconditionally and not less often than once a week, and without subsequent been met: deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the (I) The work to be performed by the classification Secretary of Labor under the Copeland Act. (29 CFR requested is not performed by a classification in the Part 3), the full amount of wages and bona fide fringe wage determination;and benefits(or cash equivalents thereof C due at time of payment computed at rates not less than those contained (2) The classification is utilized in the area by the in the wage determination of the Secretary of Labor construction industry;and which is attached hereto and made a part thereof, regardless of any contractual relationship which may be (3) The proposed wage rate,including any bona fide alleged to exist between the contractor and such laborers fringe benefits,bears a reasonable relationship to the and mechanics.Contributions made or costsreasonably wage rates contained in the wage determination. anticipated for bona fide fringe benefits under Section I(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or (b) If the contractor and the laborers and mechanics to be mechanics, subject to the provisions of 29 CFR- employed in the classification(if known),or their 5.5(a)(I)(iv);also,regular contributions made or costs representatives,and HUD or its designee agreeon incurred for more than a weekly period (but not less the classification and wage rate (including the often than quarterly) under plans, funds, or programs, amount designated for fringe benefits where which cover the particular weekly period,are deemed to appropriate),a report of the action taken shall be be constructively made or incurred during such weekly sent by HUD or its designee to the Administrator of period. the Wage and Hour Division, Employment Such laborers and mechanics shall be paid the Standards Administration, U.S. Department of appropriate wage rate and fringe benefits on the Labor, Washington, D.C. 20210. The wage determination for the classification of work Administrator,or an authorized representative,will actually performed without regard to skill,except approve, modify, or disapprove every additional as provided in 29 CFR Part 5.5(a)(4). Laborers or classification action within 30 days of receipt and mechanics performing work in more than one so advise HUD or its designee or will notify HUD classification may be compensated at the rate or its designee within the 30-day period that specified for each classification for the time additional time is necessary. (Approved by the Office of Management and Budget under OMB actually worked therein: Provided, that the control number 1215 0140.) employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their additional classification and wage rates conformed representatives, and HUD or its designee do not under 29 CFR Part 5.5(a)(I)(ii) and the Davis- Bacon poster(WH-1321)shall be posted at all agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate),HUD or its designee F-45 shall refer the questions,including the views of all of 1937 or under the Housing Act of 1949 in the interested parties and the recommendation of HUD construction or development of the project),all or or its designee, to the Administrator for part of the wages required by the contract,HUDor determination. The Administrator,or an authorized its designee may, after written notice to the contractor,sponsor,applicant,or owner,take such representative, will issue a determination within 30 action as may be necessary to cause the suspension days of receipt and so advise HUD or its designee of any further payment, advance, or guarantee of or will notify HUD or its designee within the 30- funds until such violations have ceased. HUD or its day period that additional time is necessary. designee may,after written notice to the contractor, (Approved by the Office of Management and disburse such amounts withheld for and on account Budget under OMB Control Number 1215-0140.) of the contractor or subcontractor to the respective employees to whom they are due.TheComptroller (d) The Wage rate(including fringe benefits where General shall make such disbursements in the case of direct Davis-Bacon Act contracts. appropriate)determined pursuant to subparagraphs (I)(b)or(c)of this paragraph,shall be paid to all 3. (i) Payrolls and basic records. Payrolls and basic workers performing work in the classification records relating thereto shall be maintained by the under this contract from the first day on which contractor during the course of the work preserved work is performed in the classification. for a period of three years thereafter for all laborers (III) Whenever the minimum wage rate prescribed In and mechanics working at the site of the work(or the contract for a class of laborers or mechanics under the United States Housing Act of 1937,or includes a fringe benefit which is not expressed as under the Housing Act. Of 1949, in the an hourly rate, the contractor shall either pay the construction or development of the project). Such benefit as stated in the wage determination or shall records shall contain the name,address,and social pay another bona fide fringe benefit or an hourly security number of each such worker, his or her cash equivalent thereof. correct classification, hourly rates of wages paid (including rates of contribution or costs anticipated (iv)If the contractor does not make payments to a trustee for bona fide fringe benefits or cash equivalents or other third person,the contractor may consider thereof of the types described in Section(bx2XB) as part of the wages of any laborer or mechanic the of the Davis-bacon Act),daily and weekly number amount of any costs reasonably anticipated in of hours worked, deductions made and actual providing bona fide fringe benefits under a plan or wages paid. Whenever the Secretary of Labor has program, Provided, That the Secretary of Labor found under 29 CFR 5.5(a)(I)(iv)that the wages has found, upon the written request of the of any laborer or mechanic include the amount of contractor, that the applicable standards of the any costs reasonably anticipated in providing Davis Bacon Act have been met.The Secretary of benefits under a plan or program described in Labor may require the contractor to set aside in a Section I(b)(2)(B) of the Davis Bacon Act, the separate account asset for the meeting of contractor shall maintain records which show that obligations under the plan or program.(Approved the commitment to provide such benefits is by the Office of Management and Budget under enforceable,that the plan or program is financially OMB Control Number 1215-0140.) responsible,and that the plan or program has been communicated in writing to the laborers or 2. Withholding. HUD or its designee shall upon its mechanics affected, and records which show the own action or upon written request of an authorized costs anticipated or the actual cost incurred in representative of the Department of Labor withhold providing such benefits. Contractors employing or cause to be withheld from the contractor under apprentices or trainees under approved programs this contract or any other Federal contract with the shall maintain written evidence of the registration same prime contractor, or any other Federally- of apprenticeship programs and certification of assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime trainee programs,the registration of the apprentices contractor so much of the accrued payments or and trainees, and the ratios and wage rates advances as may be considered necessary to pay described in the applicable programs. (Approved laborers and mechanics, including apprentices, by the Office of Management and Budget under trainees and helpers,employed by the contractor or OMB Control Numbers 1215-0140 and any subcontractor the full amount of wages required 121500017.) by the contractor in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,employed or working on the site (ii) (a) The contractor shall submit weekly for each of the work(or under the United States Housing Act week in which any contract work is performed a F-46 copy of all payrolls to HUD or its designee if the or criminal prosecution under Section 1001 of Title agency is a party to the contract,but if the agency 18 and Section 231 of Title 31 of the United States is not such a party, the contractor will submit the Code. payrolls to the applicant sponsor,or owner,as the case may be, for transmission to HUD or its (iii) The contractor or subcontractor shall make the designee. The payrolls submitted shall set out records required under paragraph A.3.(I) of this accurately and completely all of the information section available for inspection, copying, or required to be maintained under 29 CFR Part transcription by authorized representatives of HUD 5.5(a)(3X1). This information may be submitted in or its designee or the Department of Labor, and any form desired. Optional Form WH-347 is shall permit such representatives to interview available for this purpose and may be purchased employees during working hours on the job. Ifthe from the Superintendent of Documents (Federal contractor or subcontractor fails to submit the Stock Number 029-005-00014-1),U.S. required records or to make them available,HUD Government Printing Office, Washington, DC. or its designee may, after written notice to the 20402.The prime contractor is responsible for the contractor,sponsor,applicant or owner,take such submission of copies of payrolls by all action as may be necessary to cause the suspension subcontractors. (Approved by the Office of of any further payment advance, or guarantee of Management and Budget under OMB Control funds. Furthermore failure to submit the required Number 1215-0149.) records upon request or to make such records available maybe grounds for debarment action (b) Each payroll submitted shall be accompanied by a pursuant to 29 CFR Part 5.12. "Statement of Compliance,- signed by the contractor or subcontractor or his or her agent who (Apprentices and Trainees) pays or supervises the payment of the persons employed under the contract and shall certify the (5) Apprentices. Apprentices will be permitted to work following: at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program (1) That the payroll for the payroll period contains the registered with the U.S. Department of Labor,Employment information required to be maintained under 29 and Training Administration,Bureau of Apprenticeship and CFR Part 5.5(a)(3)(i)and that such information is Training,or with a State apprenticeship Agency recognized correct and complete; by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an (2) That each laborer or mechanic (including each apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of helper, apprentice, and trainee) employed on the Apprenticeship and Training or a State Apprenticeship contract during the payroll period has been paid the Agency(where appropriate) to be eligible for probationary full weekly wages earned, without rebate, either employment as an apprentice. The allowable ratio of directly or indirectly,and that no deductions have apprentices to journeymen on the job site in any craft been made either directly or indirectly from the full classification shall not be greater than the ratio permitted to wages earned,other than permissible deductions as the contractor as to the entire work force under the registered set forth in 29 CFR Part 3; program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage (3) That each laborer or mechanic has been paid not rate on the wage determination for the classification of work less than the applicable wage rates and fringe actually performed. In addition, any apprentice performing benefits or cash equivalents for the classification work on the job site in excess of the ratio permitted under the of work performed,as specified in the applicable registered program shall be paid not less than the applicable wage determination incorporated into the contract. wage rate on the wage determination for the actually performed. Where a contractor is performing construction on (4) The weekly submission of a properly executed a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages certification set forth on the reverse side of Optional of the journeyman's hourly rate)specified in the contractor's Form WH-347 shall satisfy the requirement for or subcontractor's registered program shall be observed. submission of the "Statement of Compliance" Every apprentice must be paid at not less than the rate required by paragraph A.3.(ii)(b)of this section. specified in the registered program for the apprentice's level of progress expressed as a percentage of the journeymen (d) The falsification of any of the above certifications hourly rate specified in benefits in accordance with the may subject the contractor or subcontractor to civil provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,the F-47 wage determination for the applicable classification. If the 6. subcontracts. The contractor or subcontractor will Administrator determines that a different practice prevails for insert in any subcontracts the clauses contained in 29 the applicable apprentice classification,fringes shall be paid CFR 5.5(a)(1) through(10)and such other clauses as in accordance with the determination. In the event the HUD or its designee may be appropriate instructions Bureau of Apprenticeship and Training, or a State require,and also a clause requiring the subcontractors to Apprenticeship Agency recognized by the Bureau,withdraws include these clauses in any lower tier subcontracts.The approval of an apprenticeship program,the contractor will no prime contractor shall be responsible for the compliance longer be permitted to utilize apprentices at less than the by any subcontractor or lower tier subcontractor with all applicable predetermined rate for the work performed until an the contract clauses in 29 CFR Part 5.5. acceptable program is approved. 7. Contract termination; debarment. A breach of the (ii) Trainees. Except as provided in 29 CFR 5.16, contract clauses in 29 CFR 5.5 may be grounds for trainees will not be permitted to work at less than termination of the contract and for debarment as a the predetermined rate for the work performed unless they are employed pursuant to and contractor and a subcontractor as provided in 29 CFR individually registered in a program which has 5.12. received prior approval, evidenced by formal certification by the U.S. Department of Labor, 8. Compliance with Davis-Bacon and Related Act Employment and Training Administration. The Requirements. All rulings and interpretations of the ratio of trainees to journeymen on the job site shall Davis-Bacon and Related Acts contained in 29 CFR not be greater than permitted under the plan Parts 1,3,and 5 are herein incorporated by reference in approved by the Employment and Training this contract. Administration. Every trainee must be paid at not less than the rate specified in the approved program 9. Disputes concerning labor standards. Disputes arising for the trainee's level of progress,expressed as a out of the labor standards provisions of this contract percentage of the journeyman hourly rate specified shall not be subject to the general disputes clauses of in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the this contract. Such disputes shall be resolved in provisions of the trainee program. If the trainee accordance with the procedures of the Department of program does not mention fringe benefits,trainees Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes shall be paid the full amount of fringe benefits within the meaning of this clause include disputes listed on the wage determination unless the between the contractor (or any of its subcontractors) Administrator of the Wage and Hour Division and HUD or its designee,the U.S.Department of Labor, determines that there is an apprenticeship program or the employees or their representatives. associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for 10. (i)Certification of Eligibility. By entering into this apprentices. Any employee listed on the payroll at contract the contractor certifies that neither it(nor he a trainee rate who is not registered and participating or she)nor any person or firm who has an interest in in a training plan approved by the Employment and the contractor's firm is a person or firm ineligible to Training Administration shall be paid not less than be awarded Government contracts by virtue of Section the applicable wage rate on the wage determination 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(I)or for the work actually performed. In addition,any trainee performing work on the job site in excess of to be awarded HUD contracts or participate in HUD the ratio permitted under the registered program programs pursuant to 24 CFR Part 24. shall be paid not less than the applicable wage rate on the wage determination for the work actually (ii) No part of this contract shall be subcontracted to or performed. In the event the Employment and firm ineligible for award of a Government contract by virtue Training Administration withdraws approval of a of Section 3(a) of the Davis-Bacon Act or 29 CFR training program the contractor will no longer be 5.12(a)(1)or to be awarded HUD contracts or participate in permitted to utilize trainees at less than the HUD programs pursuant to 24 CFR Part 24. applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Equal employment opportunity. The utilization of Uri) The penalty for making false statements is prescribed apprentices, trainees and journeymen under this in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C. part shall be in conformity with the equal "Federal Housing Administration transaction",provides in employment requirements of Executive Order 11246,as amended,and 29 CFR Part 30. in part: "Whoever,for the purpose of. ..influencing in any 5. Compliance with Copeland Act requirements. The way the action of such Administration makes, utters or contractor shall comply with the requirements of 29 publishers any statement knowing the same to be false..... CFR Part 3 which are incorporated by reference in shall be fined not more than$5,000 or imprisoned not more this contract. than two years,or both." F-48 action or upon written request of an authorized 1 I. Complaints,Proceedings,or Testimony by Employees. representative of the Department of Labor withhold No laborer or mechanic to whom the wage, salary,or or cause to be withheld,from any moneys payable other labor standards provisions of this Contract are on account of work performed by the contractor or applicable shall be discharged or in any other manner subcontractor under any such contract or any other discriminated against by the Contractor or any Federal contract with the same prime contract, or subcontractor because such employee has filed any any other Federally-assisted contract subject to the complaint or instituted or caused to be instituted any Contract Work Hours and Safety Standards Act proceeding or has testified or is about to testify in any which is held by the same prime contractor such proceeding under or relating to the labor standards sums as may be determined to be necessary to applicable under this Contract to his employer. satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated B. Contract Work Hours and Safety Standards Act. As damages as provided in the clause set forth in used in this paragraph the terms`laborers"and paragraph(2)of this paragraph. "mechanics"include watchmen and guards. (4) Subcontracts. The contractor or subcontractor (1) Overtime requirements. No contractor or sub- shall insert in any subcontracts the clauses set forth contractor contracting for any part of the contract in subparagraph (1)through (4)of this paragraph work which may require or involve the and also a clause requiring the subcontractors to employment of laborers or mechanics shall require include these clauses in any lower tier subcontracts. or permit any such laborer or mechanic in any work The prime contractor shall be responsible for week in which he or she is employed on such work compliance by any subcontractor or owner tier to work in excess of eight hours in such work week subcontractor with the clauses set forth in unless such laborer or mechanic receives subparagraphs(1)through(4)of this paragraph. compensation at a rate of pay for all hours worked in excess of eight hours in any calendar day or in C. Health and Safety excess of forty hours in such workweek,whichever (I) No laborer or mechanic shall be required to work in is greater. surroundings or under working conditions which are (2) Violation; liability for unpaid wages; liquidated unsanitary, hazardous, or dangerous to his health damages.In the event of any violation of the clause and safety as determined under construction safety set forth in subparagraph(1)of this paragraph,the and health standards promulgated by the Secretary contractor and any subcontractor responsible of Labor by regulation. therefore shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be (2) The Contractor shall comply with all regulations liable to the United States(in the case of work done issued by the Secretary of Labor pursuant to Title under contract for the District of Columbia or a 29 Part 1926(formerly part 1518) and failure to territory, to such District or to such territory), for comply may result in imposition of sanctions liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer pursuant to the Contract Work Hours and Safety or mechanic, including watchmen and guards, Standards Act.(Public Law 91-54,83 Stat 96). employed in violation of the clause set forth in subparagraph (1)of this paragraph, in the sum of (3) The Contractor shall include the provisions of this $10 for each calendar day on which such individual Article in every subcontract so that such was required or permitted to work in excess of eight provisions will be binding on each subcontractor. hours or in excess ofthe standard workweek of forty The Contractor shall take such action with respect hours without payment of the overtime wages to any subcontract as the Secretary of Housing and required by the clause set forth in sub paragraph(1) of this paragraph. Urban Development or the Secretary of Labor shal I direct as a means of enforcing such provisions. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own F-49 99. DELAY, DISRUPTION OR OTHER CLAIMS Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly(but in no case later than ten (10)calendar days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10)calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further,the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. 100. Differing Site Conditions a. The CONTRACTOR shall notify the Engineer in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery(but in no event later than 14 calendar days) and before they are disturbed: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed and 2. Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed. b. The Engineer will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the OWNER in writing of the Engineer's findings and conclusions. c. If the OWNER concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided, to reflect and document the consequences of the difference. d. In each such case, an increase or decrease in the Contract Price or an extension or reduction of the contract Time, or any combination thereof,will be allowable to the extent that they are attributable to any such difference. If the OWNER and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in the General Conditions. e. The CONTRACTR'S failure to give notice of differing site conditions within fourteen (14) calendar days of discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith,whether direct,consequential,or inconsequential in nature. f. Nothing herein shall be deemed to require the OWNER to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction. 1-5U 101. Physical Conditions - Underground Utilities a. Shown or Indicated: The information shown or indicated in the Contract Documents with respect to existing, underground utilities at or contiguous to the site is based on information and data furnished to the OWNER or the Engineer by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions, the Owner and the Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground utilities shown or indicated in the Contract Documents,for coordination of the work with the owners of such underground utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the Contract Price. b. Not Shown or Indicated: If an underground utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and shall notify the Engineer in accordance with the requirements of the General Conditions. F-5 1 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE "General Decision Number: TX20220256 03/11/2022 Superseded General Decision Number: TX20210256 State: Texas Construction Type: Building County: Jefferson County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis- Bacon Related Acts, including those set forth at 29 CFR 5.l(a)(2)-(60). If the contract is entered I. Executive Order 14026 into on or after January 30, I generally applies to the 2022, or the contract is I contract. renewed or extended (e.g., an I. The contractor must pay option is exercised)on or I all covered workers at after January 30,2022: I least $15.00 per hour(or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2022. If the contract was awarded onl. Executive Order 13658 or between January 1, 2015 and' generally' applies to the January 29, 2022,and the I contract. contract is not renewed or I. The contractor must pay all' extended on or after January I covered workers at least 30, 2022: I $11.25 per hour(or the applicable wage rate listed' on this wage determination,' if it is higher) for all I hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination,the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/21/2022 2 02/18/2022 3 02/25/2022 4 03/11/2022 * ASBE0022-009 06/01/2021 Rates Fringes ASBESTOS WORKER/HEAT& FROST INSULATOR(Duct, Pipe and Mechanical System Insulation) $ 25.14 15.15 BOIL0074-003 01/01/2021 Rates Fringes BOILERMAKER. $29.47 24.10 BRTX0005-006 06/01/2020 Rates Fringes BRICKLAYER. $24.58 8.53 EL EC0479-005 12/27/2021 Rates Fringes ELECTRICIAN. $30.55 13.16 ENGI0450-002 04/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR Cranes $34.85 9.85 IRON0084-011 06/01/2021 Rates Fringes IRONWORKER, ORNAMENTAL $ 26.01 7.56 IRON0l35-002 09/01/2021 Rates Fringes IRONWORKER, STRUCTURAL. $ 34.10 13.94 PLUM0068-001 10/01/2021 Rates Fringes PLUMBER. $ 32.81 11.63 PLUM0211-009 10/01/2021 Rates Fringes0.00 PIPEFITTER. $ 37.03 12.56 LABORER: Pipelayer $ 13.47 ** 0.00 LABORER: Roof Tearoff $ 11.28 **0.00 LABORER: Landscape and Irrigation $ 11.04 ** 0.36 OPERATOR: Backhoe/Excavator/Trackhoe $ 18.65 0.00 SHEE0054-007 04/01/2020 Rates Fringes SHEET METAL WORKER(Excludes HVAC Duct Installation). $ 28.69 14.13 * SUTX2014-032 07/21/2014 Rates Fringes CARPENTER. $ 17.98 3.72 CEMENT MASON/CONCRETE FINISHER...$ 13.44 ** FORM WORKER $ 13.02 ** 0.00 IRONWORKER, REINFORCING. $ 12.95 ** 0.00 LABORER: Common or General $ 12.04 ** 0.00 LABORER: Mason Tender- Brick $ 12.90 ** 0.00 LABORER: Mason Tender- Cement/Concrete. $ 10.50 ** 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 13.93 **0.00 OPERATOR: Bulldozer. $ 18.88 0.00 OPERATOR: Drill.....$ 16.22 0.34 OPERATOR: Forklift..$ 17.69 0.00 OPERATOR: Grader/Blade. $ 13.37 ** 0.00 OPERATOR: Loader....$ 13.55 ** 0.94 OPERATOR: Mechanic.. $ 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate,and Concrete). $ 16.03 0.00 OPERATOR: Roller....$ 16.00 0.00 PAINTER (Brush, Roller,and Spray). $ 16.75 4.51 ROOFER. $ 15.40 0.00 SHEET METAL WORKER(HVAC Duct Installation Only) $ 26.89 10.38 TILE FINISHER $ 12.00 ** 0.00 TILE SETTER $ 16.17 0.00 TRUCK DRIVER: Dump Truck $ 12.39 ** 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi-Trailer Truck $ 12.50 **0.00 TRUCK DRIVER: Water Truck $ 12.00 ** 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00)or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order(EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member(or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member(or person who is like family to the employee)who is a victim of, domestic violence, sexual assault,or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s)of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers" that indicate whether the particular rate is a union rate(current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate(weighted union average rate). Union Rate Identifiers A four-letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement(CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100%of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling * On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington. DC 20210 2.) If the answer to the question in 1.) is yes. then an interested party (those affected by the action) can request review and reconsideration from the Wage and Flour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description,area practice material,etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue,N.W. Washington, DC 20210 4.) All decisions by the Administrative Review- Board are final. END OF GENERAL DECISION SECTION H SUPPLEMENTAL GENERAL CONDITIONS l' SUPPLEMENTAL CONDITIONS OF THE AGREEMENT- PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled Sanitary Sewer System 9th Avenue Extension. B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of an extension to the sanitary sewer on 9th Ave. 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 Sanitary Sewer System Extension Contract 9th (60th St. to Lift Station). 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. 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 H-IA 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 be supplied by inference in same matter as they are when a"note"occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein,or both, including all labor,materials, equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. S. 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-1B 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. J INF.S 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: I. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves,and fire hydrants.and benchmarks at intervals not exceeding 2,000 feet. S. 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 provided by Engineer. Contractor to have a representative on job at time field party begins work. H-2B 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 of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. H-3B If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor,submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Pre-stressed reinforced concrete members. S. 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 ofapproval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. H-4B 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 \Ahich 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 1 1-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 SCHEDUJI,FE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above H-5 B 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 EOUIPMENT. 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 utilit} owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS. present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. EPOTFCTION 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." H-6B R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove,as soon as practicable,accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed,notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. H-7B U. FIN 4I INCPFCTJ ON. When construction is substantially complete as determined and approved by the Utilities Director, 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 Utilities Director 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 SECTION I PAYMENT BOND 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 , 2023, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. I-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., 2023. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. I-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. J-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 SPECI FICATIONS. 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 , 2023. 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. J-2 SECTION K ADDENDUMS SECTION L NOTICE OP AWARD. NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO.: CONTRACT FOR CONSTRUCTION OF: SANITARY SEWER SYSTEM 9TH AVE EXT ******************************************************************************* You are notified that your Bid dated Wednesday, Month Date , Year for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The SANITARY SEWER SYSTEM 9TH AVE EXTENSION The Contract Price of your contract is Amount( ). Work to be performed under this contract is to be completed within calendar days. 6 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 6 sets of Working Documents (Contract Documents, Technical Specifications and Drawings) will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) Calendar days of the date of this Notice of Award, that is by , or by the first working day thereafter. 1. You must deliver to the CITY 6 fully executed counterparts of the Agreement including all the Contract Documents and Certifications included with the Contract Documents. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Advertisement for Bids, General Conditions and Supplemental Conditions. 3. You must deliver to the CITY 1 original Certificates of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees, to be expressly named as additional insureds, in accordance with the General Conditions. NOTICE OF AWARD 1/2 Contruction Firm Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within fifteen (15) calendar days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: City of Port Arthur, TEXAS BY: TITLE: ACCEPTANCE OF AWARD: CONTRACTOR: BY: TITLE: DATE: 2/2 SECTION M am**M.. NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO. CONTRACT FOR: SANITARY SEWER SYSTEM 9TH AVE EXTENSION ************************************************************************************************ **** Work to be performed under this contract is to be completed within calendar days. You are notified that the Contract Times under the above contract will commence to run on . By that date, you are to start performing your obligations under the Contract Documents. Il The date of Final Completion will be Before you may start any Work at the site, Section C, Paragraph 5 of the Contract Documents provides that you must deliver to the OWNER Certificates of Insurance which you are required to purchase and maintain in accordance with the Contract Documents. (Owner/Engineer) BY: (Authorized Signature) (Title) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: (T ) (Date) 4 SECTION N INSURANCE ACCPREP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, (A/C,No,Extl: Nol: E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSILTR TYPE OF INSURANCE JAM SUBR POLICY NUMBER (MM/DDYIYYYY) (MMIDDIYYYY) LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED FRCP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —I POLICY PRO- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per $ AUTOS D AUTOS accident) HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENTOFFIC $ (Mandatory in NH)ER EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE $ (Mandatory in If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if 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 SECTION 0 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT SCOPE OF WORK CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT SCOPE OF WORK GENERAL This contract provides for the extension of the sanitary gravity sewer along 9th Avenue from the existing manhole located at Staff Sergeant Lucian Adams Elementary School to the new City of Port Arthur Health Facility located adjacent to the Ecclesia church by open cut and/or directional drilling including installation of new sanitary sewer manholes, connection of the service connections associated with the Ecclesia church and Health Facility to the proposed sewer, rerouting of the existing 4" sanitary force main from the starting manhole to the proposed manhole on 57th Street, appurtenances, all necessary labor, materials, equipment,and testing. SPECIFIC This contract shall include all necessary labor, materials, equipment, tools, inspection, testing, and superintendence required for the complete and operable construction of the proposed project as shown on the contract plans and specifications. This contract includes, but is not limited to the following: 1. The Contractor shall install approximately 500 linear feet of 8" diameter sanitary sewer, 877 linear feet of 16" diameter sanitary sewer line and 396 linear feet of 20" diameter sanitary open cut and/or directional drilling with SDR-17 HDPE sewer line (section under 9th Avenue is to be installed in a casing installed by directional drilling), all in accordance with the plans and specifications. 2. Contractor shall install five (5) new 48" reinforced concrete manholes, all in accordance with the plans and specifications. 3. Contractor to locate sanitary sewer services from the Health Facility and Ecclesia church and plumb to the new sanitary sewer system, all in accordance with the plans and specifications. 4. Post-Construction TV approximately 1,770 LF per each of new sanitary sewer line all in accordance with plans and specifications. 5. Contractor to provide temporary rerouting of the existing 4" Sanitary force main from 57th Street to Manhole No. 4 to maintain in service during installation of proposed sanitary sewer and connection of force main to Manhole No. 5 once sanitary sewer is substantially complete. 6. Contractor shall demolish and remove the existing sanitary pump station at the New Health facility including backfill of the excavation. The Contractor shall salvage the listed equipment including the pumps, control and electrical panels and manhole covers and rings and deliver to the Water Utilities Department. CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT SCOPE OF WORK 7. Contractor shall ensure that access is maintained to any business and churches during construction, driveways are re-instated as soon as possible if damaged during construction and the bus stop located in the sewer route is repaired or replaced if damaged. The Contractor shall coordinate with Port Arthur Transit in regards to the bus stop and with all impacted businesses and churches. 8. Contractor is to furnish two 4-inch self-priming sewage pumps to the City Water Utilities Department for the City to install in the sewage pump station on 9th Avenue. CONDITIONS ALONG THE ROUTES The Contractor's attention is called to various physical conditions along the routes asfollows. 1. Overhead power lines are located near or within the project site. The Contractor shall notify proper authorities at least 72 hours before construction begins. The Contractor shall take precautions to avoid damage to power lines, foundations, guywires, and appurtenances. The Contractor shall observe all applicable OSHA and owner requirements while working near the overhead power lines including restriction of height of equipment. 2. Underground utilities and pipelines exist near or within the project area. During construction the Contractor shall take the necessary precautions to avoid damaging the existing utilities within the limits of the project site. SPECIAL REQUIREMENTS The Contractor shall contact Brian Wallace (409) 983-8180 prior to starting anywork within the project site. The Contractor shall restore all project locations to their original condition or better prior to the project completion. CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT TECHNICAL SPECIFICATIONS CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 98 ABANDONMENT OR REMOVAL OF OLD STRUCTURES 98.01 - DESCRIPTION This item shall provide for the removal of and disposal of old structures, as noted on the plans, and shall include all excavation and backfilling necessary to complete the removal. 98.02- METHOD OF REMOVAL A. Culverts or Sewers. Pipe shall be removed by careful excavation of all dirt on top and the sides in such manner that the pipe will not be damaged. Those pipes which are deemed unsatisfactory for re-use by the Engineer may be removed in any manner the Contractor may select. Those pipes which are to be crushed in place shall be thoroughly crushed and may not be used as fill material within the eighteen (18") inches of the finished grade. Those pipes which are to be abandoned in place shall be sealed at both ends with concreteunless otherwise approved by the Engineer. B. Concrete or Brick Structures. Concrete or brick structures (or portions of structures) shall be removed by chipping and/or sledging the structure into sizes not larger than one cubic foot. C. Steel Structures. Steel structures (or steel portions of structures) shall be dismantled in sections as determined by the Engineer. The sections shall be of such weight and dimensions as will permit convenient handling, hauling, and storing. All necessary severing of connections between members, or between members and supports, shall be done in a manner which will not injure the members for reuse. Flame-cutting of members will be permitted only with the written permission of the Engineer. D. Timber Structures. Timber structures or timber portions of structures shall be removed in such manner as to avoid damage to the timber. All bolts and nails shall be removed from lumber deemed salvageable by the Engineer. Unless otherwise specified on the plans, timber piles shall be either pulled or cut off at a point not less than two (2) feet below ground line, with the choice between these two methods resting with the Contractor. 98.03- UNDERGROUND PORTIONS OF STRUCTURES Portions of structures below the permanent ground line, which will not interfere in any manner with the proposed construction, may be left in place. These structures shall be removed at least two feet (2') below the permanent ground line and neatly squared off. Reinforcement shall be cutoff close to the concrete. When a sewer, lift station, or other structure is to be constructed on the site of a structure to be removed, removal shall extend at least two feet below and outside the proposed structure. If the old structure is located under a proposed road excavation, removal shall extend at least two feet below the proposed undercut. The excavation shall be backfilled according to the requirements of the new structure or roadway. 98 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9T" AVE. EXTENSION CONTRACT ITEM 98-ABANDONMENT OR REMOVAL OF OLD STRUCTURES 98.04- BACKFILL All excavation made in connection with this item and all openings below the natural ground line caused by the removal of old structures or portions thereof shall be backfilled to the level of the permanent ground line, unless otherwise provided on the plans. That portion of the backfill which will support any portion of the roadbed or embankment shall be placed in layers of the same depth as those required by embankment. Material in each layer shall be wetted uniformly if required and shall be compacted to the density required in the adjoining embankment. In places inaccessible to blading and rolling equipment, mechanical or hand tamps or rammers shall be used to obtain the required compaction. Backfill which will support any portion of a structure or an underground pipe shall be placed in layers and compacted to the same density as the surrounding undisturbed soil. Special backfill material may be required by the specifications for the structure. That portion of the backfill which will not support any portion of the roadbed or embankment shall be placed as directed by the Engineer in such manner and to such state of compaction as will preclude objectionable amounts of settlement. 98.05- SALVAGE Any materials which are designated in the plans for salvage by the Owner, and which the Engineer deems as salvage for reuse, shall be carefully placed in neat piles. These piles shall be located on or near the construction site at convenient loading points which will not interfere with traffic or construction.All such materials shall be handled, transported, and stacked so as toavoid damage. All materials not designated or acceptable for salvage shall become the property of the Contractor. The Contractor shall remove these materials from the construction site as soon as practical. 98.06-PAYMENT No separate payment will be made for this item. 98 - 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 110 - EXISTING UTILITIES 110.01 -DESCRIPTION In general, the Contractor shall be responsible for locating and protecting all utility lines during the construction and for support and maintenance in position of all ducts and conduits, except for those specifically shown to be relocated or removed by others. Contractor shall be responsible for any damage to existing utilities and shall promptly repair same, or make arrangements for such repair with the Owner of the utility involved. 110.02 -CONSTRUCTION METHOD In all cases the Contractor shall co-ordinate his work with the Owners of the various utilities and shall notify their proper representative not less than forty-eight (48) hours in advance of any work which might damage, interfere with or require adjustments to utilities along or adjacent to the work. All utility adjustment other than those shown on the plans to be done by the Contractor, shall be the responsibility of the Owners of the utilities and if in the opinion of the Engineer adjustment is required, the Contractor will be responsible for notifying the respective owner. 110.03 -PAYMENT Payment for this item will be subsidiary to other items. 110 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200-STRUCTURAL CONCRETE 200.01 -DESCRIPTION This item governs materials, proportioning and mixing, testing, placing, finishing and curing of all plain and reinforced cast-in-place concrete, fibermesh reinforced concrete and prestressed concrete. The concrete shall be composed of Portland or other hydraulic cement, fine and coarse aggregate, fibermesh, and water, with or without admixtures, conforming to the design and test requirements of this specification. This item excludes lightweight aggregate concrete. 200.02 -QUALITY ASSURANCE A. Materials and work shall conform to the requirements of all standards, codes and recommended practices required in this section. In conflicts between standards, required standards and this specification, or this specification and the local building code, the more stringent requirement shall govern. B. Contractor shall provide at least one person, when requested by the Engineer, who shall be present at all times during execution of this portion of the work and who shall be thoroughly trained and experienced in placing the type of concrete specified and who shall direct all work performed under this section. 200.03 -MATERIALS Ready mix concrete conforming to ASTM C-94 or site-mixed concrete (dry weight 145-150 pounds per cubic foot.) A. All cement used in any one monolithic placement shall be of the same type and brand. Only one brand of each type will be permitted in any one structure unless otherwise authorized by the Engineer. Only one brand shall be used for exposed concrete. 1. Portland Cement shall conform to ASTM C-150. 2. Blended Hydraulic Cement shall conform to ASTM C-595, excluding Type S and Type SA. 3. Expansive Hydraulic Cement, Type E-1 shall conform to ASTM C-845-76T. B. 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. C. 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. D. Fibermesh Reinforcement. Shall be 100 percent virgin polypropylene, 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). E. Admixtures (requiring prior approval of the Engineer) to be used in concrete shall be produced 200- 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200 -STRUCTURAL CONCRETE and serviced by established, reputable manufacturers and used in compliance with manufacturer's recommendations. 1. Air-entraining Admixture shall conform to ASTM C-260, and when requested, certification attesting to compliance shall be furnished by the manufacturer. 2. 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. 3. 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). A. 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 31B. B. Proportions of materials for concrete shall conform to minimum cement content and maximum water content for various classes as shown on Classification Table. C. Where different materials are to be used for different portions of the work, each combination shall be evaluated separately. D. 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. E. 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. F. 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 f'c . 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 fcwill not exceed 1 in 100, and; 3. Concrete Classification Requirements Table are met. 200.05 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. 200 -2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200 - STRUCTURAL CONCRETE 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 f'c by more than 500 psi. C. Investigation of Low-Strength Test Results. If any strength test of cured cylinders falls below required f'c 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'c. If concrete in the structure will be dry under service conditions, cores shall be air dried (temperature 60•to 80• 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 f'c 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. 200.06 -MIXING AND PLACING CONCRETE A. Preparation 200 - 3 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200 - STRUCTURAL CONCRETE 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. B. Mixing All concrete shall be mixed until there is a uniform distribution of materials and shall be discharged completely before mixer is recharged. 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). C. 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. D. 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 200 -4 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200-STRUCTURAL CONCRETE 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. 200.07 CURING A. 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. B. 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. C. Accelerated Curing 1. 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. 2. 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. 3. 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. 4. 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. D. Cold Weather Requirements 1. Adequate equipment shall be provided for heating concrete materials and protecting concrete during freezing or near-freezing weather. 2. All concrete materials and all reinforcement, forms, fillers, and ground with which concrete is to come in contact shall be free from frost. 3. Frozen materials or materials containing ice shall not be used. E. 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 - 5 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200-STRUCTURAL CONCRETE 200.08 -FORMWORK AND CONSTRUCTION JOINTS A. Design-Contractor shall be solely responsible for the form design for the anticipated work. 1. 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. 2. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. 3. Forms shall be properly braced or tied together to maintain position and shape. 4. Forms and their supports shall be designed so as not to damage previously placed structure. 5. Design of formwork shall include consideration of the following factors: a) Rate and method of placing concrete; b) Construction loads, including vertical, horizontal, and impact loads; c) Special form requirements for construction of shells, folded plates, domes, architectural concrete, or similar types of elements. 6. Forms for prestressed concrete members shall be designed and constructed to permit movement of the member without damage during application of prestressing force. B. Removal of Forms 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 200 - 6 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200 -STRUCTURAL CONCRETE 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. 6. 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. C. Conduits and Pipes Embedded in Concrete 1. 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. 2. 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: a) They shall not be larger in outside dimension than 1/3 the overall thickness of lab, wall, or beam in which they are embedded. b) They shall not be spaced closer than 3 diameters or widths on center. c) They shall not impair significantly the strength of the construction. d) 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. D. Construction Joints 1. Where a construction joint is to be made, the surface of concrete shall be thoroughly cleaned and all laitance and standing water removed. 2. Vertical construction joints shall be thoroughly wetted and coated with neat cement grout immediately before new concrete placement. 3. Construction joints not indicated on the design drawings shall be so made and located as not to impair significantly the strength of the structure. 4. 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. 5. Provision shall be made for transfer of shear and other forces through construction joints. 6. 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. 7. Beams, girders, column capitals, and haunches shall be considered as part of a slab system and shall be placed monolithically therewith. 8. 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. 9. 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. 200 - 7 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 200 -STRUCTURAL CONCRETE Triangular fillet seals should be made on liquid-face when leakage control is necessary. 10. 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. 11. Where slabs are cast in two separate lifts, joints are to be staggered. All joints shall be located at positions of no shear. 12. 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. E. 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. 200.09 - 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. 200.10 -DEFECTIVE WORK The following defects shall be cause for rejection of placed concrete: A. Voids, rock pockets, honeycombing, and spalled 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. B. Uneven or bulged surfaces resulting from shifting of the forms during placement or curing. C. 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. 200.10-PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. 200 - 8 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT 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 A. Deformed Reinforcement 1. Deformed reinforcing bars shall conform to one of the following specifications, except as provided in Section 1.b below. a) "Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement" (ASTM A-615), Grade 60. b) "Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-616), Grade 60. c) "Specification for Axle-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-617), Grade 60. d) "Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement" (ASTM A-706). 2. Deformed reinforcing bars shall conform to the following exceptions to the ASTM specifications listed in Section 1.a. above. a) For ASTM A-615, and A-617, yield strength shall correspond to that determined by tests on full size bars. b) For ASTM A-615, A-616, and A-617, bend test requirements for all bar sizes #3 through #11 shall be based upon 180 degree 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 degree 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 degrees with other criteria the same as for 90 degrees. 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 (of Grade 40) 5db 3. Bar and rod mats for concrete reinforcement shall conform to "Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement" (ASTM A-184). 201 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 201 -REINFORCEMENT STEEL 4. Deformed wire for concrete reinforcement shall conform to "Specification for Deformed Steel Wire for Concrete Reinforcement" (ASTM A-496). 5. Welded deformed wire fabric for concrete reinforcement shall conform to "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). B. lain Reinforcement 1. 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. 2. Smooth wire for spiral reinforcement shall conform to "Specification for Cold-Drawn Steel Wire for Concrete Reinforcement"ASTM A-82). 3. Welded smooth wire fabric for concrete reinforcement shall conform to"Specification for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185). C. Prestressing Tendons 1. Wire, strands, and bars for tendons in prestressed concrete shall conform to one of the following specifications: a) "Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete" (ASTM A-421). b) "Specification for Uncoated Seven-Wire Stress-Relieved Strand for Prestressed Concrete" (ASTM A-416). c) "Specification for Uncoated High-Strength Steel Bar for Prestressing Concrete" (ASTM A-722). 2. 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. D. Structural Steel, Steel Pipe, or Tubing 1. Structural steel shall conform to one of the following specifications: a) "Specification for Structural Steel" (ASTM A-36). b) "Specification for High-Strength Low-Alloy Structural Steel"(ASTM A-242). c) "Specification for High-Strength Low-Alloy Structural Manganese Vanadium Steel" (ASTM A-441). d) "Specification for High-Strength Low-Alloy Columbium-Vanadium Steels of Structural Quality" (ASTM A-572), Grade 60. e) "Specification for High-Strength Low-Alloy Structural Steel with 50,000 psi Minimum Yield Point to 4 in. Thick" (ASTM A-588). 2. Steel pipe or tubing shall conform to one of the following specifications: a) Grade B of "Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless" (ASTM A-53). b) "Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes" (ASTM A-500), Grade B. c) "Specification for Hot-Formed Welded and Seamless Carbon Steel Structural 201 - 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 201 -REINFORCEMENT STEEL 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. 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: A. Reinforcement exceeding the allowable variations in size or weight. B. Reinforcement with bends not in conformity with the details. C. Reinforcement with a coating of dirt, loose rust, scale, paint, oil, or other foreign substance at time of placing in the work. D. Twisted bars. 201.08 -DETAILING A. Completely detailed shop drawings and schedules shall be submitted by the Contractor for 201 - 3 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 201 - REINFORCEMENT STEEL approval of the Engineer in accordance with requirements specified for working drawings. B. 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. C. 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 equalsix (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. 201.09 -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. ITEM 201 - REINFORCEMENT STEEL 201.11 -PAYMENT No separate payment for work performed under this item. Include cost of same in contract price bid for work of which this is a component part. 201 - 4 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.01 - DESCRIPTION This item shall govern the construction of water mains, sanitary sewers, and under drains, complete in place. This item provides for all clearing and grubbing, excavation, tunnelling, sheeting, bracing, embedment, connecting to new or old work, laying,jointing, excluding water, backfilling, tamping, and removal and replacement of street surfaces; and the furnishing of all materials, equipment, tools, labor, and incidentals for complete line construction. Point repairs to existing water or sewer lines are excluded from work under this item, except insofar as the items providing for point repairs may refer to this item. 400.02 - MATERIALS As specified elsewhere in the Technical Specifications. 400.03-SEQUENCE OF WORK All gravity sewer lines shall be laid beginning at the downstream connection to existing facilities. When construction involves a main trunk having lateral or tributary lines, the latter shall not be started until the main trunk has been built to the point of their junction unless otherwise approved by the Engineer. All appurtenances shall be constructed as soon as the pipeline they serve is constructed to their location, rather than constructing them in advance or postponing construction. However, if construction reaches a point requiring installation of an appurtenance for which the materials are not immediately available, upon approval of the Engineer, the Contractor shall provide sufficient space for installation at a later time. The open ends of pipe shall be properly sealed and backfilled. The Contractor shall excavate the trench to finish grade fifty (50') feet to one hundred (100') feet ahead of the end of the completed pipeline. No excavation shall be performed farther than three hundred (300') feet beyond the completed pipeline, except for isolated excavations which may be required to locate existing utilities. These limitations shall not apply to tunnel installations. Each tunnel required by the plans and specifications shall be excavated, lined, and back packed for its entire length before laying pipe through the tunnel. For any tunnels constructed at the Contractor's option, the work sequence shall be as approved by the Engineer. 400.04 - PUBLIC CONVENIENCE AND SAFETY Materials stored about the work shall be so placed, and the work shall at all times be so conducted as to cause no greater obstruction to the traveling public than is considered necessary by the Engineer. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials or plant used in the construction of the work shall be placed so as not to endanger the work, or prevent free access to all fire hydrants; water and gas valves; manholes for telephone, telegraph, signal, or electric conduits; sanitary or storm sewers; and fire alarm or police call boxes in the vicinity. The Contractor shall make provisions by bridges or otherwise at all cross streets, highways, sidewalks, and private driveways for the free passage of pedestrians and vehicles. Where bridging 400 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400-UNDERGROUND PIPING CONSTRUCTION is impractical or unnecessary in the opinion of the Engineer, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of roadways and bridges for the diversion of traffic. At no time shall more than two (2) blocks be closed to traffic. Where practical, the Contractor shall leave at least two (2) access routes open to any residential or commercial area. If pipeline construction or construction traffic creates a need for dust control, as along dirt streets, the Contractor shall at his own expense perform all necessary sprinkling as directed by the Engineer. The Owner reserves the right to remedy any neglect on the part of the Contractor regarding public convenience and safety which may come to its attention, after twenty-four (24) hours notice in writing to the Contractor. In cases or emergency, the Owner shall have the right to remedy any neglect without notice. In either case, the cost of such work done by the Owner shall be deducted from monies due or to become due the Contractor. The Contractor shall notify the Engineer and the local street or road department forty-eight (48) hours in advance (excluding Saturdays, Sundays, and holidays) of the closing or obstruction of any street. Where the Contractor is required to construct temporary bridges or make other arrangements for crossings over ditches or streams, his responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. 400.05 -BARRICADES, LIGHTS,AND WATCHMEN Where the work is being performed in or adjacent to any street, alley, or public place, the Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, lights, and danger signals; shall provide such watchmen; and shall take such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades shall be recently painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain adequate lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work at all times from vandalism or related instances. The Contractor shall be held responsible for all damage to the work due to failure of barricades, signs, lights, and watchmen to protect it. Whenever evidence is found of such damage, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's cost and expense. The Contractor's responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. 400.06 -PROTECTION AND RESTORATION OF PROPERTY The Contractor shall not enter upon private property for any purpose without previously obtaining permission from the property owner. The Contractor shall notify the proper representative of any public utility, corporation, company, or individual not less than forty-eight(48) hours in advance of any work which might damage or interfere with the operation of their facilities along or adjacent to the work. 400 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION The Contractor shall be responsible for the preservation of all public and private property along or adjacent to the work, including trees, shrubbery, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; drainage facilities; and all underground or above ground utilities. Any pavement or sidewalks which must be removed shall be replaced according to Sections 400.16 and 400.17. The Contractor shall be responsible for all direct or indirect damage to property of any character resulting from any act, omission, or negligence in execution of the work; from non-execution of the work; or from defective work or materials. When any such damage occurs, the Contractor shall restore the affected property to a condition at least equal to its condition prior to the damage, or shall fully compensate the property owner. Such restoration shall be at the Contractor's expense, except for any items specifically designated in the plans and specifications. The Owner may, upon forty-eight (48) hours written notice (or without notice when a nuisance or hazardous condition occurs), proceed to restore any property damage which the Engineer deems necessary. The cost of such restoration will be deducted from any monies due or to become due the Contractor under this contract. If the Contractor discovers that existing utilities present obstructions to construction of lines or appurtenances, he shall immediately notify the Engineer. The Engineer will determine without delay whether existing improvements should be relocated, or whether the grade and/or alignment of the line should be changed. When necessary to move services, poles, guy wires, pipelines, or other obstructions, the Contractor will make necessary arrangements with the owner-operator of utilities. The Owner will not be liable for damages on account of delays due to changes made by owner-operator of privately owned utilities which hinder progress of work. The Owner will not be liable for cost incurred in relocatingutility service poles, services, and appurtenances (unless specifically designated for payment). 400.07 -CLEARING AND GRUBBING All trees, stumps, brush, roots, logs, rubbish, and other objectionable material in the path of the storm sewer, water line or sewer line shall be removed and disposed of in a manner satisfactory to the Engineer, without any extra compensation to the Contractor. 400.08 -TEMPORARY SEWER AND DRAIN CONNECTIONS When existing sewers or drains have to be taken up or removed, the Contractor shall take care of all sewage or drainage from these facilities. For this purpose, the Contractor shall provide and maintain, at his own expense, all necessary temporary connections, outlets, diversions, and pumping facilities. The Contractor shall dispose of all drainage and sewage from these facilities until the permanent connections are built and put into use, unless otherwise provided for in these specifications or as directed by the Engineer. All water or sewage shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. 400.09 -TRENCH EXCAVATION 1. General. The Contractor shall excavate the trench to finish grade at least fifty (50') feet ahead 400 - 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400-UNDERGROUND PIPING CONSTRUCTION of pipe laying unless physical conditions make this impractical. Bell holes shall be excavated in advance of pipe laying. If a trenching machine (not a backhoe) is used to excavate the trench for a water line, with Engineers approval, selected loose, fine excavated material may be used in lieu of sand embedment around the pipe. 2. Sewers. The ground shall be excavated by the open trench method to the required depth, line, and grade as indicated on the drawings. Excavated material shall not be removed from the site of work until backfilling is completed, except by permission of the Engineer. The sides of the trench shall be vertical to a point not less than twelve(12") inches above the top of the sewer pipe. The sides of the trench shall be between six (6") and eight(8") inches outside the pipe for pipe sizes ten (10") inches or less; and between eight (8") inches and twelve (12") inches outside the pipe for sizes larger than ten (10") inches. The bottom of the trench shall be excavated a minimum of four (4") inches below required grade and refilled to grade with thoroughly compacted select material bedding. 3. Water Mains. Trench requirements for water mains shall be the same as for sewer lines. 4. Other Trench Designs. If the specifications for the type of pipe being used contain special trench requirements, those requirements shall be followed in lieu of Subsection 2 or 3 above. 5. Unstable Soils. If unstable material is encountered at the bottom of the trench, the Contractor shall undercut and stabilize the trench with suitable materials such as shell or cement stabilized sand (one (1) sack cement per ton, or Class I embedment material in accordance with Item 500 and at the direction of the Engineer. 6. Locating Intersecting Pipes. Before laying a segment of line, the Contractor shall attempt to locate all utilities which might interfere with the proposed alignment and grade. He shall locate and excavate in advance all water lines, sewer lines, service lines, and appurtenances to which the proposed line will be connected, so that the Engineer can make any necessary adjustments in alignment or grade. The owners of all utilities crossing or closely paralleling the proposed alignment shall be notified in advance of construction. 7. Dewaterinq A. Under no circumstances shall surface water be allowed to flow in the trench. When ground water exists in the trench, the Contractor shall make attempts to drain it away from the pipe laying area or pump it out of the trench. Where necessary in the opinion of the Engineer, the Contractor shall dewater the trench by the well point method. The Contractor may also use well pointing at his option in other locations. If quicksand or water sand conditions appear in the trench bottom, the Contractor shall undercut the trench and replace it with Class I embedment as follows: Angular, 1/4 to 1-1/2 inch graded stone including crushed stone, crushed shells, slag, cinders, etc. 400 - 3 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION B. Trench Dewatering. Trench dewatering is sufficient removal of groundwater to keep an excavation reasonably dry. This means dry enough to eliminate the need for any special bedding and insure safe installation of the carrier pipe. The groundwater table shall be kept a minimum of two feet(2') below the bottom of the excavation. (1) Well Points. Where well points are used to dewater the trench the maximum allowable spacing shall be six feet (6') center to center. The minimum allowable depth of well points shall be equal to the depth of the excavation plus five feet (5'). Well points shall be set deeper if necessary to draw the groundwater down below the bottom of the excavation. Well points shall have metal well screens a minimum of two inches (2") in diameter and three feet (3') long. The well screens and riser shall be surrounded by filter sand up to the water table and the space above shall be sealed with clay. Two inch (2") diameter piezometers shall be installed at 250 foot centers to establish the extent that dewatering is necessary. At least one volume of water shall be ejected from the piezometer and then allowed to recharge prior to each groundwater measurement taken. (2) Deep Wells. Deep wells may be used as a means of trench dewatering provided the following information is submitted to the Engineer for his approval. (a) A certified well draw down curve prepared by a registered professional geotechnical engineer. Information to be submitted with the draw down curve shall include the type and classification of the soil to be dewatered, permeability of soil, and all information necessary for preparing curve. (b) Proposed well construction details including size of casing, type of pump, depth of well, filter material, screen details, and all other details necessary for well construction. (c) The rate of draw down of the groundwater table. Two inch (2") piezometers shall also be installed in the same manner as for well points to measure the groundwater table. The Engineer will use the draw down curve submitted above along with the groundwater table elevations to determine the maximum allowable spacing of the deep wells. (3) Other Methods. Other methods of trench dewatering may be used provided prior approval has been obtained from the Engineer. C. Dewatering of Tunnels. All tunnels and access pits shall be kept free of groundwater and surface water at all times. Method to be used shall be as approved by Engineer. Any cost incurred for dewatering of tunnels and access pits shall be included in the cost of installing the tunnel liner with no extra compensation. D. Settlement. Prior to performing any dewatering, the Contractor shall take all necessary precautions to insure that the dewatering operation does not cause structures near the excavation to settle. 400 - 4 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9' AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.10 -SHEETING AND BRACING The Contractor shall provide all sheeting and bracing necessary for the protection of the work, employees, or any existing utilities or structures. No such sheeting shall be removed from below the spring line of the pipe after the pipe has been backfilled to this level. In the event the soil conditions are such that the Contractor should desire to leave such sheeting above the spring line in place, he shall secure the permission of the Engineer to do so. The cost of any necessary sheeting or bracing, whether left in place or removed, shall be included in the unit price of the pipe being laid. 400.11 - LAYING PIPE The Engineer will establish such general reference points and construction stakes as in his judgment will enable the Contractor to proceed with the work. The Contractor will be responsible for the layout of the work from these stakes and will protect and preserve the established reference points and construction stakes and will make no changes or relocations without prior written approval. He will report to the Engineer whenever any reference point or construction stake is lost or destroyed or requires relocation because of necessary changes in grades or locations. The Contractor will replace and accurately relocate all reference points and construction stakes so lost, destroyed, or moved. All pipelines must be laid in a straight line, unless otherwise shown on the drawings, and with the flow line of the pipe accurately placed to the grade and alignment fixed by the Engineer. A joint shall be located within two (2) pipe diameters (thirty (30") inches maximum) outside the walls of each proposed manhole or junction box, both upstream and downstream. Joints shall also be placed near other rigid connections, or near the ends of pipe casings, when recommended by the manufacturer or by the appropriate ASTM specification. This does not apply to fused HDPE pipe. No variation from true and even grade, alignment, and invert will be permitted except to avoid existing underground main service lines of utilities, and then only upon the written permission of the Engineer, signed by him personally, should he find such deviation to be desirable and not detrimental to the pipeline. All pipes shall be laid with the spigot-end or tongue end downstream entering the bell or groove to full depth. Care shall be taken in placing pipe to prevent any earth being dragged into or left in the annular space for sealing of the joints. After the trench has been carefully graded and all bell holes excavated, the trench must receive the approval of the Inspector before any pipe is placed therein. Each piece of pipe shall be examined for defects and cut to the correct lengths. The interior surface and the bell and spigot shall be thoroughly cleaned of all foreign material prior to placing same in the trench in an approved manner. The pipe, valves, fittings, etc., shall be adjusted so as to be at their proper locations and then each spigot properly fitted into position. Each length of pipe shall rest on the bottom of the trench throughout its entire length. Joints shall be as specified in the 500 series material technical specifications as provided herein. Instructions for jointing pipes with special couplings shall be in strict conformity with the Manufacturer's printed instructions. 400 - 5 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400-UNDERGROUND PIPING CONSTRUCTION If a defective piece of pipe furnished and placed by the Contractor should collapse,the Contractor shall furnish at his expense all labor and materials required for removing and replacing the defective pipe and restoring the street or other surface to its condition prior to the failure of the pipe. All pressure piping shall have thrust blocks installed as designated on the drawings. 400.12- PLUGGING ENDS Before leaving the work for the night, or at any time, any openings in the pipeline shall be securely closed with a tight fitting plug. Cost of plugging pipe ends shall be included with the cost of installing the pipe. 400.13 -PROTECTIVE COATINGS All metal, bolts, and nuts shall receive a protective coating with an asphaltic compound acceptableto the Engineer before backfilling. Surface preparation shall be in accordance with the coating manufacturer's recommendations. 400.14 -TIME OF BACKFILLING Backfilling shall begin as soon as the joints have been completed and all protective coating applied. All open trenches shall be completely backfilled before the work day ends, unless otherwise directed by the Engineer. 400.15 -BACKFILLING OF TRENCH 1. Lower Portion of Trench (initial backfill). Care shall be taken to see that no dirt clods or trench sides are allowed to fall and/or rest against the pipe prior to completion of the sand encasement. a. Sewer Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six (6") inches below grade), prior to laying the pipe and making up the joints. After the pipe has been placed, the backfill around and to a point twelve inches (12") above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical specifications provided herein. b. Water Lines. Six (6") inches of sand bedding shall be provided in the bottom of the trench (trench having been cut six (6") inches below grade), prior to laying the pipe and making up the joints. After the pipe has been placed, the backfill around and to a point six inches (6") above the top of the pipe shall be made in accordance with the installation specifications for the pipe material being installed as outlined in the 500 series material technical specifications provided herein. 2. Upper Portion of Trench (final backfill). From the six(6")or twelve(12")inches above the top of the pipe upward, the type of backfill for various locations shall be as follows: a. Concrete or Asphalt Pavement. The trench shall be filled to two (2") inches below the bottom of the existing flexible base(or concrete pavement)with a mixture of clean sand and 1-1/2 sacks of cement per cubic yard. This material shall be placed in layers not 400 - 6 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION more than six (6") inches thick and thoroughly tamped by mechanical or hand tamping, as directed by the Engineer. The Contractor may use,with prior approval from the Engineer,select native material in lieu of the sand-cement mixture. The select native material must be compacted to 90% density as measured by the Standard Proctor Density Test. Cost of testing shall be borne by the Owner. No further backfill is required for concrete pavement. Flexible base shall be replaced to the bottom of the pavement with a compacted base material, consisting of crushed limestone, iron ore gravel, or a sand-shell mixture. This requirement shall apply to all trenches running underneath surfaced streets, whether crossing the pavement or running along the street. b. Unsurfaced Streets. The trench shall be backfilled with selected loose, fine excavated material by means of water tamping or power tamping. The Engineer may require power tamping for heavily traveled streets. In using water tamping, the trench shall be filled to ten (10") inches below the surface with the loose fine material in even layers not exceeding eighteen (18") inches in thickness of loose material and immediately flooded to complete saturation and left undisturbed for three (3) days. The trench shall then be refilled and flooded again using poles to insure penetration of water to full depth of the trench. This flooding shall continue until there is no further settlement. Power tamping will be permitted only where the trench and backfill material are dry enough to permit satisfactory compaction. Backfill shall be placed in the trench in layers not exceeding twelve (12") inches in thickness. The top ten (10") inches of the trench shall be backfilled with shell or crushed limestone. On completion of the tamping, all of the excavated material shall be substantially replaced in the trench deducting the space occupied by the pipe, bedding, and shell or limestone. Compaction in all levels from six(6") inches or twelve(12") inches above the top of pipe to ten (10") inches below grade shall be not less than ninety (90%) percent of the maximum density value as determined by the "Standard Laboratory Method for Compaction and Density of Soil, AASHTO Designation T-99". The above procedure for unsurfaced streets shall apply in trenches running in and parallel to and running across the normally maintained portion of the road or street right-of-way. c. Trench Within Right-of-Way, but Outside Pavement. Trenches within the right-of-way ofa surfaced street shall be backfilled according to the procedure for an unsurfaced street, except that the shell or crushed limestone in the top ten (10") inches of the trench shall be placed only in driveway crossings, roadway shoulders, and other areas where there will be light traffic. Where the shell is omitted, the ground shall be restored to its original condition by the replacement of grass or any other improvement which existed before the construction or which are shown on the plans to be constructed. d. Trenches Away from Streets. Whenever the trench is not in a street but in an easement or plant area, which is not traveled, the backfill procedure shall be the same as for an unsurfaced street, except that the top ten (10") inches of shell or crushed limestone shall be omitted. 400 - 7 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.16 - REMOVAL AND REPLACEMENT OF STREET OR DRIVEWAY SURFACES OR SIDEWALKS AND INSTALLATION OF NEW SIDEWALKS When any portion of a street, driveway, or parking lot surface must be removed for the installation of lines or appurtenances, the Contractor shall remove and replace the pavement as specified below. 1. Concrete Pavement (with or without asphalt overlay). The pavement shall be removed to a distance not less than twelve inches (12") back from a firm bank of the trench excavation. The Contractor shall not use equipment to cut trenches in existing pavements which will strike a heavier blow than is usual with a hand pavement breaker operated from an air compressor. The edges of the cut shall be trimmed so as to leave a vertical face of sound, unfractured pavement. If concrete pavement without overlay is encountered, the top three(3") inches shall be saw cut. Replacement of concrete pavement shall be according to the details in the plans. Unless otherwise specified, concrete pavement shall be replaced to its original depth plus two inches. All replaced pavement shall be finished in a neat and workmanlike manner and protected and cured as its nature may require. Any asphalt overlay shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 2. Flexible Base Asphalt Pavement. The pavement and flexible base shall be removed to a distance not less than twelve (12") inches back from a firm bank of the trench excavation. The edges of the cut shall be smooth and vertical. The base shall be replaced to its original depth plus two (2") inches. The surface shall be replaced with asphaltic concrete so as to make a smooth joint with adjacent pavement. 3. Curb and Gutter. If the Contractor removes any curb and gutter in order to install lines or appurtenances, he shall replace it at his own expense. The replacement curb and gutter shall be similar to that removed and shall be at least equal in quality. 4. Concrete Sidewalks. The Contractor shall replace at his own expense any concrete sidewalk removed or damaged during line construction. The replacement sidewalk shall be of the same width and thickness as that removed and shall be at least equal in quality. New sidewalks shall be of the same width, thickness and quality as adjacent sections of replacement sidewalk. 5. Time of Replacement. The Contractor may replace concrete or asphaltic pavement immediately after completion of trench backfilling, or he may wait until the line has passed an exfiltration test. If pavement replacement is not made within seventy-two (72) hours after backfilling, the Contractor shall restore and maintain the roadway at his own expense until the time of replacement. For this purpose, Contractor shall provide enough temporary base material and/or surfacing to bring the roadway up to grade. Curbs, gutters, and sidewalks shall be replaced without undue delay. 400.17 -SPECIAL CROSSINGS 400 - 8 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9' AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION 1. Major Streets a. General. Crossings of major streets shall be made by the open-cut method. The Contractor shall notify the street superintendent for the Owner at least two (2) days prior to beginning construction of crossings. The Contractor shall maintain all necessary barricades, signs, flares and flagmen for traffic protection, and shall restore the site to its original condition. b. Construction Methods. The Contractor shall saw cut the existing asphalt surface full depth a minimum 12" outside the required trench width of the size pipe being installed prior to excavation. After installation of the proposed line, the contractor shall backfill the trench with cement stabilized sand containing 1 1/2 sacks of cement per cubic yard compacted in place. Replacement of asphalt shall be in accordance with Item 400.17. 2. Stream Beds. Where shown on the plans or designated by the Engineer, the Contractor shall encase the line in quick-set concrete as specified in Item 200 (3000 psi, 2" max. aggregate size). The encasement shall extend a minimum of six (6") inches outside the pipe in all directions. The trench shall be dewatered if necessary, and the trench bottom shall be firm enough to prevent settlement of the concrete. 3. Streams and Ditches. Water and sewer lines which cross streams or ditches above the flow line shall be constructed according to the plans, or as directed by the Engineer. 4. Crossings (or Parallel Construction) of Water and Sewer Lines. All crossings or parallel construction of water and sewer lines shall conform to section 290.44 Water Distribution, of Chapter 290, Rules and Regulations for Public Water Systems as adopted by the Texas Water Commission, effective March 1, 1993. These requirements shall apply whether the water line, the sewer line, or both are new construction. 5. Casing Section. Casings shall be steel pipe (unless specified differently on the plans by the Design Engineer), coated on the outside with coal tar epoxy (20 mil minimum thickness). Minimum thickness shall be 1/4" for I.D. less than 24", 5/16" for I.D. 24"and larger. The diameter (if not specified in plans and specifications) shall be sufficient to allow installation of the carrier pipe (including joints). Any joints in casing shall be welded. Casing may be installed by trenching except where boring is specified. Boring shall be in accordance with the latest Texas State Department of Highways Standard Specifications, unless otherwise specified. 400.18 - EXCESS EXCAVATION Excess excavation shall be hauled to and placed on properties designated by the Owner. Once each week the Contractor shall spread the deposited excavation at the site as directed by the Owner. If no site is designated by the Owner, then it shall be the responsibility of the Contractor to dispose of this material in a safe and legal manner. 400 - 9 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION 400.19 - INFILTRATION AND/OR EXFILTRATION AND TESTING Infiltration and/or exfiltration in gravity sanitary sewer lines shall not exceed two hundred (200) gallons per inch of diameter per day per mile of pipe. Sewer lines shall be tested for exfiltration according to Item 450 of these specifications. Water lines shall be sterilized and tested in accordance with applicable specifications. 400.20 - 400.20 -CLEAN-UP The Contractor shall remove from the work site all temporary structures, rubbish, and waste material including all excess excavated materials. The completed clean up shall not be greater than one thousand (1000') feet behind the pipe laying operation. Pipe laying operations will be suspended temporarily if completed clean up is further behind than one thousand (1000') feet. Clean-up requirements shall also apply to any public or private property used by the Contractor for constructing the project, such as temporary storage or field office sites. 400.21 - PAYMENT Pipe will be measured by the linear foot of pipe complete in place. Such measurement will be made between the ends of the pipe barrel along the center axis as installed. The cost of connecting bands or couplings, as in the case of asbestos cement pipe, shall be included in the unit price of pipe. Special fittings, such as tees, bends, etc., which have unit cost set up in the Bid Proposal shall be deducted from the total length of pipe. When pipe is to be paid for according to depth, the depth will be measured from natural ground to the invert of the pipe. Measurements will be taken at 200-foot intervals, or more often if the terrain requires it. Those materials, i.e. sand, 60/40 mix and cement stabilized material used in the bedding and backfill and which are required by Item 400, Item 500 or by the specifications of the pipe manufacturer will not be pay items. The cost of materials and installation will be included in the price bid per linear foot for pipe. All special embedment materials as described in 400.9.7 if ordered by the Engineer shall be paid for at the unit price bid per cubic yard based on quantities taken from truck tickets. Pipe construction will be paid for according to the applicable unit bid prices as follows: Water or sewerline (general) Linear foot of specified size, type and depth or other classification. Water or sewerline embedded in concrete Same as general, embedment will be separate pay item. Pipe laid in tunnels and casing Unit price for pipe per linear foot in tunnel or casing. The following items will be paid for at the appropriate unit price, where shown on the bid proposal. 400 - 10 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 400- UNDERGROUND PIPING CONSTRUCTION Otherwise no separate payment shall be made. Tunnel or casing installation Unit price bid per lineal foot for tunnel or casing. Manholes and prefabricated bends Unit price bid per each. Bends will be included with pipe footagE and will not be a separate pay item. No separate payment shall be made for the following work in connection with tunneling and casing. • Access pits for tunnels, shoring of pits, furnishing and installing of liner or casing, backpacking,grouting, lighting, ventilation, and disposal of excavated material. 400 - 11 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 410-SEWER LINE CLEANING 410.01 -GENERAL Since the success of the other phases of work depends a great deal on the cleanliness of the lines, the importance of this phase of the operation cannot be stressed too strongly. It is recognized that there are some conditions such as badly broken or eroded pipe or major blockages that prevent cleaning from being accomplished or where additional sewer line damage would be done if cleaning is attempted or continued. Should conditions of this nature be encountered, it shall be the decision of the Engineer as to whether or not those sections of sewer line shall be cleaned. 410.02 - LIMITS OF WORK Sewer line cleaning shall be performed on those portions of the sanitary sewer line which is to be rehabilitated. 410.03 -SEWER CLEANING The designated lengths of sewer line shall be cleaned using mechanically powered, hydraulically propelled, or high velocity sewer cleaning equipment, or by other means with the Engineer's prior approval. Selection of the equipment used shall be based on the conditions of the lines at the time the work commences. The equipment and methods selected shall be satisfactory to the Engineer. The equipment selected for cleaning shall be capable of removing dirt, grease, rocks, sand, and other deleterious materials and obstructions from the sewer lines and manholes. If the designated sewer cleaning cannot be successfully performed from the adjacent manhole, the Engineer may require the Contractor to attempt the designated cleaning from the opposite manhole. If, in the opinion of the Engineer, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and a point repair shall be made to remove the blockage. 410.04 - MATERIAL REMOVAL All sludge, dirt, sand, rocks, grease, and other solid or semi-solid material resulting from the cleaning operation shall be removed at one of the manholes of the section being cleaned. Passing material from manhole section to manhole section which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment shall not be permitted. 410.05 - DISPOSAL OF MATERIALS All solids or semi-solids resulting from the cleaning operations shall be removed from the site and disposed of in a manner and at a site designated by the Owner. All materials shall be removed from the site no less often that at the end of each workday. Under NO circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time, except in totally enclosed containers and as approved by the Owner. 410 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 410-SEWER LINE CLEANING 410.06 -CLEANING PRECAUTIONS During all sewer cleaning operations, satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. Whenever hydraulically propelled cleaning tools dependent upon water pressure for their cleaning force, or any tools which retard the flow of water in the sewer line, are used, precautions shall be taken to ensure that the water pressure created does not cause any damage or flooding to public or private property being served by the sewer line involved. The flow of sewage in the sewer lines shall be utilized to provide necessary pressures for hydraulic cleaning devices whenever possible. When additional quantities of water from fire hydrants are necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant nor shall a hydrant be used for the purpose described unless a vacuum break is provided. 410.07-CLEANING EQUIPMENT A. Hydraulic Cleaning Equipment. The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal diameter as the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure total removal of grease. If sewer cleaning balls or other such equipment, are used, special precautions against flooding of the sewers and public or private property, shall be taken. B. High Velocity Hydro-Cleaning Equipment. All high velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The equipment shall have a selection of two or more high velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 degrees to 45 degrees in all size lines designated to be cleaned. Equipmentshall also include a high velocity gun for washing and scouring manhole walls and floor.The gun shall be capable of producing flows from a fine spray to a long distance solid stream.The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. All controls shall be located so that the equipment can be operated above ground. C. Mechanical Cleaning Equipment. Bucket machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device. A power rodding machine shall be either a sectional or continuous type capable of holding a minimum of 750 feet of rod. The rod shall be specifically treated steel. To ensure safe operation, the machine shall have a fully enclosed body and an automatic safety throw- out clutch or relief valve. 410.08 -PAYMENT Cleaning of sewer lines shall be included as a part of the line rehabilitation bid item and shall not be a separated pay item 410-2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 411 -SEWER FLOW CONTROLS 411.01 -GENERAL When sewer line flows at the upstream manhole of the section being worked are above the maximum allowable requirement for sewer line cleaning the flows shall be reduced to the levels shown indicated by manual operation of pump stations, plugging/blocking of the flows, or by pumping/bypassing of flows, as specified. 411.02 - MAXIMUM SEWAGE FLOWS Sewer flows shall not exceed those shown below for the respective line sizes as measured in the manhole when performing television inspection. Maximum Line Flows Television Inspection 6" - 10" Pipe 20% of pipe diameter 12" - 24" Pipe 25% of pipe diameter Over 24" Pipe 30% of pipe diameter 411.03 - PLUGGING OR BLOCKING A sewer line plug shall be inserted into the line at a manhole upstream from the section being inspected. The plug shall be so designed that all or any portion of the sewage flows can be released. During the inspection, testing or connecting portion of the operation, flows shall be shut off or reduced to within the maximum flow limits specified in 411.02. After the work tasks have been completed, flows shall be restored to normal. 411.04 - PUMPING AND BYPASSING When pumping/bypassing is required, the Contractor shall supply the necessary pumps, conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to handle existing flows plus additional flows that may occur during rainstorms. The Contractor will be responsiblefor furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. If pumping is required on a 24-hour basis, all engines shall be equipped in a manner to keep the pump noise at a minimum. 411.05 - FLOW CONTROL PRECAUTIONS Whenever flows in a sewer line are blocked, plugged, or bypassed, sufficient precautions must be taken to protect the sewer lines from damage that might be inflicted by excessive sewer surcharging. Further, precautions must be taken to ensure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. 411.06 - PAYMENT No separate payment for work performed under this item unless otherwise indicated in the bid items. Include cost of same in contract price bid for work of which this is a component part. 411 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS 429.01 - GENERAL All manholes, junction boxes, and wet wells shall be constructed at the locations and shall be of the types shown on the plans. They shall consist of all excavation, castings, backfilling, and furnishing all materials or other items necessary for installation thereof. Manholes shall be constructed of precast reinforced concrete. Wet wells shall be constructed of precast reinforced concrete pipe or boxes with gasketed joints, where precast units of indicated sizing are available. Precast units shall be specifically designed for vertical installation were used. Where wet well size exceeds available precast box sizing or where specifically indicated on the plans, cast-in-place structures are required. It is the intent of this specification to provide for watertight construction of all manholes and junction boxes, including watertight covers if necessary. 429.02 - EXCAVATION AND BACKFILL The Contractor shall excavate to the required depth and size for each manhole and wet well. The Engineer may require the Contractor to undercut for a maximum of twelve (12") inches below the manhole base and backfill with stabilized material where necessary. Backfill from the base to a point not less than twelve (12") inches below ground level shall be as follows: A. Precast Concrete Manholes and Wet Wells. Backfill shall consist of (a) select soil from the excavation, compacted to a minimum of ninety-five (95%) percent density; or (b) well-tamped sand-cement[two (2) sacks of cement per cubic yard]. B. Other Manholes. Backfill material shall be approved by the Engineer. 429.03 - CONSTRUCTION OF MANHOLES A. Main Lines 24 Inches O.D. or Smaller. Manholes (including bases) shall be constructed around main line sewer pipes after pipe laying. Other sewer pipes shall be built in and trimmed with a minimum of six (6") inches intrusion inside the manhole wall. The base of the manhole shall consist of reinforced concrete as shown on the attached sketches. The concrete may be precast according to ASTM C-478, or cast in place, at the option of the Contractor. A concrete or grout invert shall be formed according to the sketches. The manhole wall shall consist of precast concrete, or other approved material (Sections .04 thru .06), with no built-in steps or ladder rungs permitted. The top of the manhole shall consist of a cast iron ring and cover, finished to natural ground (or to the grade designated on the plans or by the Engineer). B. Main Lines 48 Inches I.D. or Larger. The manhole shall consist of a stack from the top of the sewer line up to natural ground (or other designated grade), according to the attached sketches. One joint of the main line shall consist of a prefabricated tee with the lateral branch vertical. The tee shall be designed and fabricated to carry the design load of the manhole, with design subject to the approval of the Engineer. If the tee is of a corrosive material such as concrete, it shall be coated on the inside with coal tar epoxy according to Item 700. Alternate coating or lining methods shall be subject to the approval of the Engineer. The manhole wall shall be an extension of the tee branch. The wall shall consist of precast concrete, or other approved material as described below, with no built-in steps or ladder rungs permitted. The wall design shall be compatible with the structural strength of the tee upon 429 -1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS which it is resting. Lateral sewer pipes shall be built into the manhole wall and trimmed with a minimum of six (6") inches intrusion inside the wall. Any laterals below the base of the stack shall be built through the side of the tee section and trimmed according to the details in the attached sketches. The top of the manhole shall consist of a cast iron ring and cover, finished to natural ground (or other designated grade). C. Main Lines 24 Inches Through 42 Inches I.D. Manholes shall be similar to the stack manholes in Subsection 2 above, except for details at the top of the tee. In this case the vertical tee shall be the same size as the main line, with a concrete pad at the top to support the 48-inch manhole. Construction shall be according to the attached sketches. 429.04 - PRECAST CONCRETE MANHOLE AND WET WELLS The walls shall consist of risers, cones, and grade rings conforming to ASTM C-478. Joints shall be watertight and of the tongue and groove type, gasketed. Concrete pipe for manholes shall consist of risers, cones, and grade rings conforming to ASTM C-478. Concrete pipe or boxes for wet wells to be as noted on Plans. 429.05 - PROTECTIVE LININGS The walls and inverts shall be coated using a product as approved by the Engineer. 429.06 - FIBERGLASS MANHOLES The walls and cone shall consist of fiberglass construction conforming to ASTM D3753. The wall and cone shall consist of a single manufactured unit extended from the base to within eighteen inches of final grade. One or more concrete grade rings shall be placed between the fiberglass manhole and the cast iron ring and cover. The complete manhole shall be designed for a wheel load of 40,000 pounds. 429.07 - OTHER TYPES MANHOLES Other materials may be used in manholes upon the approval of the Engineer. The Contractor shall submit to the Engineer in writing any proposals for alternate construction materials, including material specifications and structural details. 429.08 - DROP INLETS A. Manholes (Other than Stack). When an incoming line is two (2') feet or more above the flow line of the outgoing line, a drop inlet shall be constructed just outside the manhole as detailed in the attached sketches. B. Stack Manholes. A drop inlet shall be constructed for any incoming line more than eighteen (18") inches above the crown of the main line. 429.09 - JUNCTION BOXES All junction boxes shall be constructed at the locations and shall be sized in accordance with plans accompanying these specifications. The boxes shall be constructed of reinforced concrete, complete with cast iron ring and covers. 429 -2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS All sewer pipe entering the box shall be built in and placed flush with the inner wall of the box. 429.10 - CONCRETE Cast-in-place concrete shall conform to Item 200, with minimum 28-day f'c of 2000 psi for manhole bases and 3000 psi for junction boxes. All manhole bases shall be poured monolithically. The floor of a junction box may be poured separately with proper keyways, waterstops, and dowels for the walls. 429.11 - REINFORCING STEEL All reinforcing steel shall conform to Item 201, with billet steel required for manhole and wet well bases and junction boxes. 429.12 - CASTINGS FOR MANHOLES, JUNCTION BOXES AND WET WELLS All iron castings shall be of first quality and shall conform to ASTM A-48, Class 35. Rings and covers shall conform to the standard patterns of Mabry Foundry, Vulcan Foundry, Neenah Foundry, or prior approved equivalent. Rings and covers shall be of a heavy traffic type, machine seated, and designed not to rock. The bearing surfaces of rings and covers shall be carefully machine-finished so that the cover will have an even bearing on the frame for its entire periphery. Rings and covers shall be sized with a thirty-two (32") inch cover diameter, unless shown differently in the plans. Each ring and cover shall consist of one of the following types, as designated on the plans or by the Engineer. A. Perforated. The cover shall fit the ring smoothly, but need not be gasketed. The cover shall contain a minimum of four(4) holes of approximately three-fourths (3/4") inch diameter. B. Self-Sealing. The cover shall be solid with concealed pick holes. The bottom of the cover shall contain a precisely machined groove fitted with a continuous gasket. The gasket material shall be of special composition, with good sealing qualities, abrasion resistance, and low compression set. C. Self-Sealing Vented. The cover shall be similar to the self-sealing cover above, and shall contain a vent hole of 1 • in diameter located in the center of the cover. An inflow prevention device shall be installed to minimize inflow. See Item 429.13 below. 429.13 - INFLOW PREVENTION FOR VENTED COVERS The inflow prevention device shall be designed to minimize inflow into the sanitary sewer manhole. The device shall be load tested to withstand 800 pounds outside of traffic areas and 3000 lbs within traffic areas. The inflow prevention device shall be stainless steel insert equal to the "Rainstopper" as manufactured by Southwestern Packing and Seals, Inc. The device shall include gasket, relief valve and handle. The handle shall be designed to withstand a minimum 500 lbs. of force before failure. 429.14 - WATERSTOP GASKETS Waterstop gaskets shall comply with ASTM F-477, having a cross-section of a minimum of three (3") inches in nominal width, and shall be secured in place with a stainless steel strap clamp. 429 -3 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 429-MAHOLES, JUNCTION BOXES AND WET WELLS Waterstop gaskets shall be placed around all sewer lines at manhole joints. The securing clamp shall be made tight with gasket and clamp completely, enclosed in place, using an expansive grout at thickness of six (6") inches all around. Grout shall be metallic base non-shrink equal to Sika Chemical "Kemox", Gifford Hill "Gilco", or Master Builders "Embecco", or prior approved equivalent. 429.15 - TESTING All completed manholes shall be exfiltration tested according to Item 450. Any manhole which fails the test shall be repaired and retested. 429.16 - PAYMENT No separate pay. 429-4 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 450-TESTING SANITARY SEWER LINES 450.01 -GENERAL This specification shall provide for inspection and testing of all newly constructed sanitary sewer lines and manholes for watertight construction and for excessive deflection. 450.02 -WATERTIGHT CONSTRUCTION TESTING New sewer lines shall be tested by either a low-pressure air test, an infiltration test, or an exfiltration test. The Contractor shall select one of these procedures for each new line, according to ground water conditions, subject to the approval of the Engineer. (Air testing is required for vitrified clay sewer lines). Leakage testing is not required for partial replacement of existing manhole segments. All new manholes shall be tested, as described in Item 450.08 below. 450.03 -GROUND WATER LEVEL Before conducting an air, exfiltration, or infiltration test on one or more adjacent line segments(the test section), the Contractor shall determine the ground water level at 400-foot intervals within thetest section. Each interval shall have a two (2") inch vertical pipe set in the ground it for this purpose. Some existing manholes may have this device, or another device previously installed forthis purpose. Before testing the sewer lines, the Contractor shall insert a small rod into each two (2") inch pipe along the test section to determine the level of ground water in the pipe. If an existing manhole along the test section contains a nipple or other device for this purpose, the Contractor shall determine the ground water level by means of this device if practical. All ground water measurements shall be converted to depth of ground water above the pipe invert of the test section. The ground water depth for the test section shall be taken as the greatest depth so calculated. If no reliable measurement can be made,the ground water depth shall be taken as the greatest line depth along the test section. 450.04 -AIR TEST (PIPE OTHER THAN VCP) (Allowed for Lines Smaller Than 36"Only) When air testing is selected (for sewers other than vitrified clay), the Contractor shall conduct the test as follows. A. Conduct the test between two (2) consecutive manholes, as directed by the Engineer. B. Plug the test section at each end. One of the plugs used at the manhole shall be tapped and equipped for the air inlet connection for filling the line from an air compressor. C. Make sure that all plugs are properly braced against the internal pressure to prevent air leakage by slippage and blowouts. D. Connect air hose to tapped plug selected for the air inlet. Then connect the other end of the air hose to the portable air control equipment which consists of valves and pressure gauges 450 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 450-TESTING SANITARY SEWER LINES used (a) to control the air entry rate to the test section, and (b)to monitor the air pressure in the pipeline. More specifically, the air control equipment shall include a shut-off valve, a pressure regulating valve, a pressure reduction valve, and a monitoring pressure gauge having a pressure range from zero (0) to fifteen (15) psi. The gauge shall have a minimum division of 0.10 psi and an accuracy of+ 0.04 psi. E. Connect another air hose between the air compressor and the air control equipment. F. Supply air to the test section slowly, filling the pipeline to a constant pressure of 3.5 psig plus 0.433 psi for each foot of ground water depth above the invert of the pipe. The air pressure must be regulated to prevent the pressure inside the pipe from exceeding 15.0 psig. G. When constant pressure of 3.5 psig plus ground water pressure adjustment (GWP) is reached, throttle the air supply to maintain the internal pressure above 3.0 psig plus GWP for at least five (5) minutes. If leakage is detected at any cap or plug, release the pressure in the line and tighten or repair the faulty plug. A new five(5) minute interval must be allowed afterthe pipe line has been refilled. H. After the stabilization period, adjust the air pressure to 3.75 psig plus GWP and shut off or disconnect the air supply. Commence timing when the air pressure reaches 3.5 psig +GWP with a stopwatch which is allowed to run until the line pressure drops to 2.5 psig plus GWP, at which time the stopwatch is stopped. The time required, as shown on the stopwatch, for a pressure loss from 3.5 psig to 2.5 psig is used to compute the air loss. I. If the time, in minutes and seconds, for the air pressure to drop 0.5 psig is greater than that calculated using the equation below, the test section shall have passed. J. If the time is less than calculated using the equation below, the test section shall not have passed and adequate repairs must be made. T=0.0850(D)(K)/(Q) T=Time for pressure to drop 1.0 psig in secondsK= 0.000419 DL, but not less than one D =Average inside diameter of pipe (inches)L = Length of line of same pipe size in feet Q = Rate of loss, assume 0.0015 ft3/min/ft2of internal surface 450.05-AIR TEST (VITRIFIED CLAY PIPE) Air testing of new sewer lines constructed of vitrified clay shall be conducted according to ASTM C- 828. 450.06 -INFILTRATION TEST PROCEDURES (SEWER LINES) When infiltration testing is selected, the Contractor shall conduct the test as follows: A. Conduct the test between two (2) or more adjacent manholes, as directed by the Engineer. 450 - 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 450-TESTING SANITARY SEWER LINES B. The length of the test section shall be determined by field measurement by the Engineer. C. Plug all inlets and outlets at upstream manhole except the one for the line being tested. D. Cap or plug all service laterals, stubs, and fittings into the test section, so as to prevent ground water from coming in at these connections. E. When the test section consists of more than one manhole sections, plug all connecting sewer lines from intermediate manholes (unless the tributary lines are part of the test section). F. Place V-notch weir into the upstream pipe in the downstream manhole where the measurement will be recorded. The weir shall be installed so as to maintain a watertight seal between the weir and the interior surface of the pipe to prevent water bypassing the V-notch weir. G. V-notch weirs shall be constructed to a high degree of accuracy to avoid erroneous measurements. All weirs used for testing shall be approved by the Engineer. H. After V-notch weir has been installed, allow sufficient time for the infiltrating water to build up and level off behind the weir, until a steady, uniform flow passes over the V-notch weir. I. Measurements can be taken after steady flow occurs over the V-notch weir. Leakage shall be determined from the readings, either directly or by converting the readings of the flow into terms of gallons/(inch diam.--mile--day). Caution shall be taken in recording the readings due to possible variations in flow resulting from local conditions. All weir readings shall be made under the direction of the Engineer's representative. J. Repair and retest any test section exceeding the infiltration limits prescribed in Item 450.10 below. 450.07 -EXFILTRATION TEST PROCEDURES (SEWER LINES) When exfiltration testing is selected, the Contractor shall conduct the test as follows: A. Conduct the test between two (2) or more adjacent manholes, as directed by the Engineer. B. The length of the test section shall be determined by the Engineer. C. All service laterals, stubs, and fittings into the sewer line being tested shall be properly capped or plugged, and carefully braced to resist the thrust actions developed by the internal water pressure. D. Insert and tighten a tapped plug in each of the following locations: 1. Inlet pipe of downstream manhole, for connecting the water supply for filling the sewer. 2. Outlet pipe of upstream manhole, for connection to standpipe. 450 - 3 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 450-TESTING SANITARY SEWER LINES E. Place the standpipe in the upper manhole and connect it to the tapped plug. The standpipeshall be capable of handling from ten (10') feet to twenty-five (25') feet of water head to determine the tightness and soundness of the sewer line, as specified and directed by the Engineer. F. Introduce water into the line through the downstream manhole until the standpipe in the upstream manhole has been completely filled. G. Allow the line to stand for several hours after filling with water, before beginning the test. During this time some water absorption into the manhole structures and sewer pipe will takeplace. After the water absorption has stabilized, check the water level in the standpipe and add water if necessary. H. The test is now ready to begin. Measure and record the drop in the standpipe over a fifteen (15) minute period. To verify the first results, conduct a second fifteen (15) minute test. I. Convert the measured drops in the standpipe to leakage in terms of gallons/(inch diameter--mile--day). J. Repair and retest any test section exceeding the infiltration limits prescribed in Item 450.10below. 450.08 -TEST PROCEDURES (MANHOLES) The Contractor shall test each new manhole by an exfiltration test, as required by the followingTCEQ Regulations. A. Hydrostatic Testing. Manholes shall be tested for leakage separately and independently of the wastewater lines by hydrostatic exfiltration testing, vacuum testing, or other methodsacceptable to the commission. If a manhole fails a leakage test, the manhole must be madewater tight and retested. The maximum leakage for hydrostatic testing shall be 0.025 gallons per foot diameter per foot of manhole depth per hour. Alternative test methods must ensure compliance with the above allowable leakage. Hydrostatic exfiltration testing shall be performed as follows: all wastewater lines coming into the manhole shall be sealed with aninternal pipe plug, then the manhole shall be filled with water and maintained full for at leastone hour. For concrete manholes a wetting period of 24 hours may be used prior to testing in order to allow saturation of the concrete. B. Vacuum Testing. To perform a vacuum test, on the owner shall plug all lift holes and exterior joints with a non-shrink grout and plug all pipes entering the manhole. No grout must be placed in horizontal joints before testing. Stub-outs, manhole boots, and pipe plugs must besecured to prevent movement while the vacuum is drawn. The owner shall use a minimum 60-inch /Ib torque wrench to tighten the external clamps that secure the test cover to the top of the manhole. The test head must be placed at the inside of the top of the cone section, andthe seal inflated in accordance with the manufacturer's recommendations. There must be avacuum of 10 inches (4.912 psi) of mercury inside the manhole to perform a valid test. Thetest does not begin until after the vacuum pump is off. The manhole passes the test if after 2minutes and with all valves closed, the 450 - 4 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 450-TESTING SANITARY SEWER LINES vacuum is at least 9 inches (4.421 psi) of mercury. 450.09 -TEST RESULTS The Contractor shall furnish the test results in triplicate following the format of the form at the end of this section. Testing shall be performed as soon as practical after completing a section of sewer line. No morethan 3000 feet of sewer may be laid without testing having been completed up to and including thelast manhole in the line. 450.10 - INFILTRATION/EXFILTRATION LIMITS The maximum allowable infiltration/exfiltration rate shall be fifty(50)gallons/(inch diameter--mile- - day). 450.11 -DEFLECTION TESTING Deflection test shall be performed on all flexible and semi-rigid pipe. The test shall be conducted after the final backfill has been in place at least thirty (30) days. No pipe shall exceed a deflection of five percent (5%). If the deflection test is to be run using a rigid ball or mandrel, it shall have a diameter equal to ninety-five percent(95%) of the inside diameter of the pipe. The test shall be performed without mechanical pulling devices. 450.12 -PAYMENT No separate payment shall be made for testing of sewer lines and manholes. This work shall beincluded in the unit prices bid for the lines and manholes. 450 - 5 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 450-TESTING SANITARY SEWER LINES OWNER: DATE: PROJECT: WEATHER: CONTRACTOR: CONTRACTOR: EQUIPMENT ON JOB: ENGINEER: STATIONS: DIAMETER: PIPE TYPE: LENGTH: AIR TESTINGALLOWABLE TIME FOR 1/2 POUND DROP: TIME: PRESSURE: END: START: START: END: TOTAL: DROP: INFILTRATION/EXFILTRATION ALLOWABLE INFLTRATION/EXFILTRATION: 50 GALS./INCH DIA./MILE/DAYEXFILTRATION TEST: TIME: WATER LEVEL STANDPIPE: END: START: START: END: TOTAL: DROP: FT. COMPUTED EXFILTRATION: INFILTRATION TEST: TIME: WEIR MEASUREMENTS (G.P.M.): END: 3 MIN. 9 MIN. 15 MIN. START: 6 MIN. 12 MIN. TOTAL: TOTAL: GALLONS COMPUTED INFILTRATION: OWNER'S REPRESENTATIVE CONTRACTOR'S REPRESENTATIVE 450 - 6 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 508- HIGH DENSITY POLYETHYLENE PIPE 508.01 -GENERAL Furnish High Density Polyethylene pipe and fittings of size(s) shown on plans. This item governs materials, fittings and incidentals required for the joining and bedding of pipe type for use in sanitary sewer force mains. 508.02 - MATERIALS A. Polyethylene pipe having an SDR rating of 17. B. Polyethylene pipe meeting ASTM F714 and manufactured from a high density, high molecular weight, polyethylene resin which conforms to ASTM D-1248 and meets the requirements for Type III, Class C, Grade P34, Category 5, polyethylene compound and has PPI rating of PE 3408. The pipe produced from this resin shall have a minimum cell classification of PE 4543C per ASTM D3350. C. Before beginning work, the Contractor shall submit to the Engineer for approval, the vendor's specific technical data with complete physical properties of pipe and pipe dimensions pertinent to this job. HDPE pipe to be as manufactured by Driscopipe Prisma 4200, or equal. D. Butt fusion and extrusion welding of HDPE pipe and fittings shall be accomplished with proper equipment and operated in a thoroughly workman manner, in conformance with ASTM D3261. Equipment shall be in good repair. Contractor shall have fusion machine manufacturer's written instructions on site during fusion operations. Contractor shall employ only skilled welders capable of meeting the qualifications set by the manufacturer's specifications for an acceptable welded joint. Submit samples of fused joints using materials that are intended to be incorporated into the work for Consultant's review and acceptance prior to commencement of pipeline fusing. A qualified factory designated representative of the HDPE pipe shall be on site when Contractor begins butt fusion of the HDPE pipe, to provide direction and assistance for acceptable fusion of the HDPE, minimum of one day. E. Fittings to be fitted or fabricated. Fabricated fittings to have SDR rating equivalent to pipe. Fittings to be fusion welded to pipe, except mechanical jointing will be allowed at elbows for the purpose of minimizing stress to the pipe during installation. Mechanical jointing shall include flange adapters fused to the polyethylene pipe and convoluted stainless steel or ductile iron back-up flanges rated for a nominal non-shock operating pressure of 200 psig. Ductile iron flanges to be wrapped in 8 mil polyethylene film to prevent contact with backfill soils. Bolts and nuts to also be of stainless steel. At constructed dead end of pipe, install back-up flange and flanged reducer and blind flanged end piece. Flanges to be capable of mating with 24-inch ductile iron ANSI B16.1 fitting standard with a minimum working pressure of 150 psi. 508.03 - INSTALLATION A. Trenching - To be in accordance with applicable underground piping technical specification contained herein. Excavate trench to a point 4 inches below the bottom of pipe. B. Pipe Zone Bedding- Install in accordance with ASTM D-2774. Hand tamp bedding material around haunches to a point twelve (12) inches above the top of pipe. Bedding and initial backfill material to be Class II or III as defined by ASTM D2321. Class II materials are defined as coarse sand or gravels with a maximum size of 1-1/2 inches and have 508 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 508-HIGH DENSITY POLYETHYLENE PIPE Unified Soil Classification system (USCS) designation of GW, CP, SW and SP. Class II materials can be installed in loose state achieved by dumping. Class Ill materials are fine sands, sand-clay mixtures and clayey gravels with USCS designations of GM,GC,SM and SC.Compact Class Ill bedding materials to a minimum of 85%of the maximum density achieved when tested in accordance with ASTM D698 (Standard Proctor). Place bedding material to a point four inches (4") below pipe and twelve inches (12")above the top of pipe. C. Backfill Above Pipe Zone-To be in accordance with applicable underground piping technical specification contained herein. 508.05- MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with applicable underground piping technical specification contained herein. 508-2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 511 - PVC PIPE SCHEDULE 40 511.01 -GENERAL Furnish PVC pipe and fittings of size(s) shown on the plans. This item governs materials, fittings and incidentals required for the joining and bedding for schedule 40 sanitary sewer gravity service lines. 511.02 - MATERIALS A. Pipe. PVC pipe conforming to ASTM D1785 B. Fittings. PVC. fittings conforming to ASTM D 2466 and D 2467. C. Joints. Use solvent weld joints as specified by ASTM D 2855 using primer and cement conforming to ASTM F656 and D2564. 511.03 - INSTALLATION A. Trenching. To be in accordance with applicable underground piping technical specification contained herein. B. Pipe Zone Bedding. Install in accordance with ASTM D-2774, using well rounded sand or gravel with a maximum particle size of 1/2 inch. Hand tamp bedding material around haunches to a point twelve (12) inches above the top of pipe. C. Backfill Above Pipe Zone. To be in accordance with applicable underground piping technical specification contained herein. 511.04 - MEASUREMENT AND PAYMENT No separate payment. 511 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 710-SELF PRIMING CENTRIFUGAL PUMPS 710.01-GENERAL A. Description: Self-priming centrifugal pumps shall be designed to pump raw municipal sewage and shall be of the centrifugal type capable of repeated and automatic reprime when handling trash- laden sewage. B. Characteristics: Maximum pump RPM: 1250 Minimum Shutoff Head: 54 Ft. Minimum capacity @ 34 Ft. Head: 50 GPM Minimum motor RPM: 1800 C. Submittal Requirements 1. Submit pump characteristic curves showing capacity, net positive suction head required (NSPHR), head, efficiency, lift efficiency and pumping horsepower. 2. Submit a complete list of equipment and material, including manufacturer's descriptive data and technical literature, catalogue cuts, and installation instructions. 710.02-MANUFACTURER A. Supply equipment from a single manufacturer regularly engaged in the manufacturing and production of self-priming centrifugal pump equipment designed for use in pumping wastewater. B. Pumps shall be of the horizontal self-priming centrifugal type, equal in construction, and performance to "T" Series self-priming sewage pumps manufactured by the Gorman-Rupp Company of Manfield, Ohio, specifically designed for the handling of raw, unscreened sanitary sewage. C. Pumps shall be Gorman-Rupp Model T4A3S-B/F (or latest revision) or approved equal. 710.02-DELIVERY AND STORAGE 1. Store equipment with protection from the weather, excessive humidity and temperature; dirt, dust, or other contaminants and in compliance with manufacturer's written instructions, as presented in their Installation or Operation and Maintenance Manuals prior to turn over to City of Port Arthur. 2. Equipment shall be delivered to Utility Operations Department on H.O. Mills Road for installation by City of Port Arthur Utility Operations Personnel. 710.03-GENERAL MATERIAL AND EQUIPMENT REQUIREMENTS Each pump shall be designed to retain adequate liquid in the pump casing to insure unattended automatic re-priming in a completely open system without suction or discharge check valves and with a dry suction leg. Upon completion of re-priming cycle, pumps shall deliver full rated capacity at rated TDH at the designed total dynamic suction lift. The openings and passages of these pumps shall be large enough to permit the passage of a 3" spherical solid through the entire pump. Pumps shall be equipped with a removable cover plate, allowing complete access to the pump interior to permit the clearance of stoppages and to 710 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 710-SELF PRIMING CENTRIFUGAL PUMPS provide simple access for service and repairs without disturbing suction or discharge piping. A. Provide nameplates on pumps and motors. B. Belts, pulleys, chains, couplings, gears, projecting setscrews, keys and other rotating parts shall be so located that any person who may come in proximity shall be protected by equipment guards. C. All guards shall meet OSHA requirements. D. Thoroughly clean pumps motors and base plate, prime and paint with prime coats and top coat at factory in accordance with manufacturer's recommendations. E. Equipment shall be supported by a local service organization. F. Pump and motor shall be mounted on a rigid common corrosion resistant baseplate. The base shall be sized to accommodate the maximum size motor corresponding to the maximum size impeller for the pump furnished. Pumps and motors will be checked for alignment after assembly, in accordance with the standards of the Hydraulic Institute. G. All pumps shall have: a) oil level sight gauge, b) brass pressure relief valve, c) lifting eye, d) shop drawings and parts schedule. 710.04- PUMP CASING: A. Constructed of close grain Gray Iron 30. B. Casing capable of withstanding a minimum hydrostatic pressure equal to twice the pressure at rated capacity, or 1.5 times the shut-off head, whichever is greater. C. No openings with smaller diameter than the maximum solids size. D. No internal devices that will inhibit maintenance or interfere with priming and performance. E. Design to retain sufficient liquid in the casing to ensure unattended operation. F. Design casing such that the entire rotating assembly, consisting of bearings, pump shaft, seal and impeller can be removed as a unit without disturbing the suction and discharge piping connections. G. Provide front access to the pump interior to permit inspection and cleaning of the pump interior without removing suction or discharge piping. 710.04- IMPELLER Two-vane, semi-open, ductile iron, non-clog clog type. A. Balance statically and dynamically, within the operating range and to the first critical speed at 150 percent of the maximum operating speed. B. Securely key impeller to the shaft with a locking arrangement whereby the impeller cannot be loosened by torque from either forward or reverse rotation. 710.05-WEAR PLATE A. Provide replaceable steel wear plate. 710.06- PUMP SHAFT A. Pump shaft of high-strength alloy 4150 steel. B. Shaft sized to transmit the full driver horsepower with a liberal safety factor. 710 - 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 710-SELF PRIMING CENTRIFUGAL PUMPS 710.07- PUMP SHAFT SLEEVE A. Protect pump shaft from wear with alloy 4130 steel shaft sleeve. B. Provide seal between the shaft and sleeve, if required, to prevent leakage. 710.06-SEALS A. Seal pump shaft against leakage with oil lubricated mechanical seal. B. Provide double floating, self-aligning, tungsten titanium carbide rotating and stationary faced mechanical seal. C. Provide rotating member constructed of tungsten carbide. D. Provide seal, designed so that faces will not lose alignment during shock loads that cause deflection, vibration and axial or radial movement of the pump shaft. 710.07- BEARINGS A. Design bearings for AFBMAL-10 life of 100,000 hours minimum, as specified in AFBMA-9 ball and shall be oil lubricated. 710.08- LUBRICATION A. Provide oil bath lubricated bearings. B. Provide oil reservoir for oil bath lubricated bearings. The reservoir shall have an overflow opening to prevent overfilling and shall have a drain at the lowest point. 710.09- PIPING CONNECTIONS A. Suction and discharge connection: 125 lb. flat face flange with bolt holes and spacing to ANSI B16.1. B. Provide suction and discharge connections for pressure gauges sealed with brass plugs. 710.10- DRIVE A. Pump drive: V-belts and pulleys with OSHA approved guards for all pulleys, belts and couplings. 710.11 - MOTOR A. Constant Speed Application 1. TEFC induction motor with 1.15 Service Factor. a. Suitable for operation on 240/480 volt, 3-phase, 60 Hertz power supply. 710.12 - BASEPLATE A. Fabricated steel conforming to ASTM A36 with grout holes. B. Factory mount the complete pumping unit, including motor, drive and pump. C. Provide a lockable dual side arrangement for belt alignment and tensioning. 710 - 3 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 710-SELF PRIMING CENTRIFUGAL PUMPS 710.13-SPARE PARTS A. Provide spare parts in quantities indicated for each size or type of pump. Item Quantity Impeller 1 Wear Plate 1 Shaft Sleeve 1 set Bearings Complete 1 set Mechanical Seal 1 V-belts 2 sets 710.14- PAINTING A. Paint ferrous surfaces, not finished at the factory, with epoxy primer and polyurethane topcoat. B. Coat stainless steel bolts and nuts with anti-seize compound prior to assembly. 710.15- PAYMENT The Self Priming Centrifugal Pumps will be paid for at the appropriate unit price, as shown on the bid proposal upon delivery to the City. 710 -4 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 2010 -TRENCH SAFETY SYSTEMS 2010.01 -GENERAL A. Description: The Contractor shall comply with the requirements of OSHA Excavation Standard 29 CFR, Part 1926, 1926.651. Maintenance and inspection of any shoring and related equipment shall be the responsibility of the Contractor. Contractor shall provide a "competent person" who is capable of identifying hazards and who has authorization to take prompt corrective measures to eliminate them. The Contractor shall determine, as outlined by the OSHA Excavation Standard, the safety system needed for the project and submit to the Owner's Engineer information to describe the procedures which are planned to be used. Review of submitted information on trench safety system by the Owner and/or Engineer shall not relieve the Contractor of his responsibility to provide a safe working place for his employees. The Contractor agrees to hold harmless and defend the Owner and/or Engineer against any claim resulting from failure of the trench system or lack of one. B. Submittal Requirements 3. Provide the name and qualifications (certifications) of the person to be considered the Contractor's "competent person" as defined by the OSHA Excavation Standard, 4. Identify whether trench safety will be provided utilizing sloping or benching systems, by support, shield and other protective systems or both. Identify, for each system used, which of the four options in the OSHA Excavation Standard is being used for design. 5. For the selected system, provide descriptive information such as geometry of slopes or benched excavation, manufacturer's data or plan sealed by registered engineer. 2010.02-CONSTRUCTION, MATERIALS, AND MAINTENANCE A. The Contractor is responsible for the selection of materials required support and shoring systems. Before beginning any excavation, the Contractor shall make an inspection of the job site. He shall pay special attention to the type of soil or soils in which he will be working, any adjacent roads, highways, and railroads, and any previous excavations. All underground installations shall be located, including utility lines, pipelines, etc., before any excavation begins. B. Each Contractor shall be responsible and liable for his own Trench Safety System, including self-inspections, whether or not a representative of the Owner or Engineer is present on the job site. All trenches shall be provided with an adequate means of exit at all times. C. All maintenance of the trench safety equipment shall be the sole responsibility of the Contractor. The Contractor shall make an inspection of all trench excavations. He shall check for any evidence of cave-ins, slides, etc. If any change in soil conditions or failure of the trench is found, the Contractor shall remedy such. All water shall be diverted by suitable means to prevent the entrance of same into any excavation. No water shall be allowed to accumulate in any excavation and shall be removed as soon as possible 2010 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 2010 -TRENCH SAFETY SYSTEMS 2010.03-IMPLEMENTATION Prior to beginning any construction, the Contractor shall submit, in writing, the information as required by 2010.01.2. Any delays due to failure to submit the information will not be considered for extension to the contract time. 2010.04-INDEMNIFICATION A. The Contractor shall indemnify and hold harmless the Owner, and the Owner's employees, agents and Engineer, from any and all damages, cost (including without limitation, legal fees, court costs, and investigation costs), judgments, or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. These specifications for the trench safety system in no way relieve the Contractor of his responsibilities and liability to ensure the safety of the workers or any other party from the hazards of the construction operations. B. The Contractor is responsible for determining the appropriate trench safety systems necessary for specific locations based on actual subsurface conditions encountered during construction. The Owner and Owner's Engineer shall be held harmless from any claim or liability for injury or loss that results from failure on the part of the Contractor to implement the Trench Safety System plan properly or to make necessary changes to the trench safety systems necessitated by conditions encountered during construction. 2010.05-MEASUREMENT AND PAYMENT The specified trench safety system will be measured by the linear foot along the centerline of the pipe, including manholes/inlets, in accordance with the specifications. Payment for the trench safety system, measured as prescribed above, will be made at the unit price bid per linear foot based on depth, less than 5 foot or greater than 5 foot. Payment will not be made for linear footage of pipe installed by boring methods; however, the excavated pits required for installation by boring will be included in the measurement for trench safety. Payment shall be full compensation, in accordance with the pay item set in the bid for the trench safety system, including but not limited to all benching, sloping, hauling,shoring, sheeting, excess excavations, dewatering, sheet piling, bracing, trench shields, and all other incidentals necessary to provide the trench safety system as provided in the Contractor's submitted information. 2010 - 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 2512-HORIZONTAL DIRECTIONAL DRILLING FOR POLYETHYLENE PRESSURE PIPE ON POTABLE WATER MAINS AND GRAVITY SEWER LINES 2512.01-General This specification covers the installation of high density polyethylene potable water and sanitary sewer pipe in sizes 4" to 63" joined by horizontal directional drilling, meeting the specifications and requirements of American Water Works Association Standards. 2512.02- References A. AASHTO M 294 - Standard Specification for Corrugated Polyethylene Drainage Pipe, 18"- 60" diameter. B. AASHTO Section 18 - Soil Thermoplastic Pipe Interaction Systems. C. AASHTO Section 30- Standard Practice for Underground Installation of Thermoplastic Pipe for Sewer and Other Gravity Flow Applications. D. ASTM D 618 - Standard Practice for Conditioning Plastics for Testing. E. ASTM D 1248- Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable. F. ASTM D 2321 - Standard Recommended Practice for Underground Installation of Flexible Thermoplastic Pipe. G. ASTM D 2657- Standard Practice for Heat Fusion Joining Polyolefin Pipe and Fittings. H. ASTM D 2837- Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. I. ASTM D 3035 - Standard Specification for Polyethylene (PE) Plastic Pipe (DR-PR) Based on Controlled Outside Diameter. J. ASTM D 3212- Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. K. ASTM D 3350- Standard Specification for Polyethylene Plastics Pipe and Fittings Materials. L. ASTM F 477- Standard Specification for Elastomeric Seals (Gaskets)for Joining Plastic Pipe. M. ASTM F 714 - Standard Specification for Polyethylene Plastic (PE) Pipe (SDR-PR) Based on Outside Diameter. N. ASTM F 894 - Standard Specification for Polyethylene (PE) Large-Diameter Profile Wall Sewer and Drain Pipe. O. National Sanitation Foundation - NSF 61. 2512.03- Definitions A. Horizontal Directional Drilling: A method of installing pipe that begins with boring a small, horizontal hole (pilot hole) underground with a continuous string of steel drill rod. When bore head and rod emerge at opposite side of crossing, a special cutter, called a reamer, is attached and pulled back through the pilot hole to pull pipe through. B. Pilot Hole: Establishes path of drill rod and subsequent location of pipe. C. Pilot Hole Reaming: Operation consists of using appropriate tool to open pilot hole to a slightly larger diameter than water line. 2512.04-Submittals 2512 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 2512-HORIZONTAL DIRECTIONAL DRILLING FOR POLYETHYLENE PRESSURE PIPE ON POTABLE WATER MAINS AND GRAVITY SEWER LINES A. Submittal package to include the following items: 1. Horizontal Directional Drilling methodology. A brief description of directional drilling methodology. Description to be sufficient to convey: a. Names of directional boring machine operator and directional boring machine navigational equipment operator. b. Manufacturer and type of directional drilling equipment proposed. c. Satisfactory documentation of workers directional drilling qualifications. d. Number and duration of shifts planned to be worked each day. e. Proposed pit sizes and locations. f. Sequence of operation. g. Locations of directional drilling equipment and work sites, including verification of pilot bore location. h. Method of soils transportation, surface storage and disposal location. i. Identify critical utility crossings and special precautions proposed. B. Provide means for accurately verifying location and depth of pilot bore at certain points throughout bore. Verification may be by electronic detection. Electronic detection equipment must be capable of achieving accuracy within 0.1 feet at all points throughout bore. 2512.05-Quality Control A. Work specified herein shall be performed by trained workers who have minimum of 3 years of experience with directional drilling equipment and have successfully completed directional drilling installations of utilities similar in size and nature. B. Similar installations: Horizontal Directional Drilling completed in an urbanized area with geological conditions similar to those at the site. River crossing installations and cable or phone duct installations are not considered similar due to significantly different drilling techniques involved. 2512.06- Installation A. Use equipment documented to be of sufficient size for the project to pull pipe. Use a suitable cutting head to bore face of excavation. Minimize overcut of excavation. 1. Annular space around greatest diameter of pipe to be kept to a minimum to avoid surface settlement. 2. Use method that allows for removal of a volume of earth and fluid mixture, on a unit foot basis, that equals nominal volume of pipe, on a unit foot basis, being installed. 3. Do not leave unfilled reamed bore holes. Grout reamed bore holes not used for pipe placement with mixture approved by Project Manager. Generally, this applies to bore holes created by pulling pipe from the ground surface rather than from pit to pit, but may apply elsewhere. 4. Displaced volume for pilot bore stems alone is not of sufficient volume to require grouting. B. Drill pipe at depth and grade shown on Contract Drawings. C. Do not exceed a maximum overall linear distance of 500 linear feet for individual bores unless otherwise approved by Project Manager prior to start of installation. 2512 - 2 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 2512-HORIZONTAL DIRECTIONAL DRILLING FOR POLYETHYLENE PRESSURE PIPE ON POTABLE WATER MAINS AND GRAVITY SEWER LINES D. Continuously lubricate pipe with bentonite slurry or other suitable techniques. E. Lay pipe on rollers or other apparatus to facilitate pullback and prevent damage to pipe. F. Use end cap while pulling pipe. G. Lay out, fusion-weld and test in one complete unit full length of pipe before pulling back through drilled hole. Once started, pipeline pullback shall be continuous. H. Install relief pits at a maximum distance of every 100 feet unless otherwise approved by Project Manager. Locate of relief pits to coincide with the location of existing utilities, manholes, service taps, inline valves and tees. I. Size drilling and relief pits to provide adequate room to meet operational requirements for horizontal drilling requirements as well as structures indicated on Drawings. Provide minimum 6-inch space between pipe and walls of drilling and relief pits. Maximum allowable width of drilling and relief pits shall be 5 feet. Width of pit at surface shall not be less than at bottom. Maximum allowable length of drilling pit shall be no more than 5 feet longer than one full section of pipe and shall not exceed 25 feet. Maximum allowable length of relief pit shall be 10 feet. J. Do not install drilling and relief pits at street intersections between curb returns. K. Replace sidewalks, driveways and pavement removed for relief pits in accordance with City of Port Arthur Standards and Specifications. L. For pressure pipe, provide tees and plugs installed in piping subject to internal hydrostatic heads with suitable reaction blocking, anchors,joint harnesses, or other acceptable means of preventing movement of the pipe caused by internal pressure. Extend concrete blocking from fitting to undisturbed earth. Install blocking so joints are accessible for repair. M. Backfill and compact excavations, including relief pits, in accordance with City of Port Arthur Standards and Specifications. N. Traffic control shall be in accordance with Special Provisions section. 2512.07- Pipe Location Tolerance A. Continuously monitor actual location of pipe with respect to proposed line and grade. Use steering head or other suitable method to control line and grade of pipe to within 6 inches of proposed line and 3 inches of the proposed grade. B. Continually monitor downhole probe location with magnetic guidance system. Establish a surface locating system to provide a backup and independent determination of pipeline location. System to be comparable to Sharewells TruTrack System or approved equal. C. Excavation to locate drilling head at exit point may occur provided no excavation is conducted or occurs within wetlands, submerged lands, street intersections, railroad crossings, or other similar areas. D. Keep Project Manager informed of and allow to monitor drilling progress and pipe location. 2512.08- Drilling Fluids and Excavation Materials A. Contain drilling fluids and cuttings within designated limits of construction. B. Properly meter City water that is used in accordance with City of Port Arthur Standards and Specifications. C. Use biodegradable fluid additives which are environmentally safe. D. Dispose excess fluids, cuttings, and other related materials in accordance with governing regulations. Do not allow fluids to enter wetland area, body of water, sanitary or storm sewer 2512 - 3 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 2512-HORIZONTAL DIRECTIONAL DRILLING FOR POLYETHYLENE PRESSURE PIPE ON POTABLE WATER MAINS AND GRAVITY SEWER LINES systems. 2512.09- Damaged or Improperly Installed Pipe A. Replace pipe damaged before installation or does not meet the specifications. B. Unless otherwise approved by Project Manager, abandon in place pipe damaged during installation or placed at improper line or grade. After abandoning pipe, make alternative construction installation as approved by Project Manager. C. Excavate to determine obstacle when pipe cannot be advanced due to unforeseen obstruction. Offset pipe alignment, as approved by Project Manager, to avoid obstruction. 2512.10-Acceptance Testing A. Hydrostatically test pipeline before insertion into drilled hole. After installation section shall be tested in accordance with Item 450. End of Section 2512 -4 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 4003-TELEVISION INSPECTION 4003.01 -GENERAL The Sanitary Sewer lines shall be televised in conjunction with the cleaning operation. The sewer shall be visually inspected by means of closed-circuit television. The inspection will be done one manhole section (or dead-end segment) at a time, and the flow in the section being inspected will be suitably controlled, as specified in Item 411. 4003.02 -VIDEO EQUIPMENT The television camera used for the inspection shall be one specifically designed and constructed for such inspection, and shall provide a color picture(record)and be equipped with a 300° pan and tilt head. Lighting for the camera shall be suitable to allow a clear picture for the entire periphery of the pipe. The camera shall be operative in one hundred (100%) percent humidity conditions. The camera, television monitor, and other components of the video system shall be capable of definition to the satisfaction of the Engineer and if unsatisfactory, equipment shall be removed and no payment made for unsatisfactory inspection. 4003.03-PROCEDURE The camera shall be moved through the line in either direction at a uniform rate, stopping when necessary to insure proper documentation of the sewer's condition. In no case shall the television camera be pulled at a speed greater than thirty (30') feet per minute. The camera shall be moved through the sewer line by devices which will not obstruct the camera view or interfere with proper documentation of sewer conditions. Such devices include manual winches, power winches, TV cable, and powered rewinds. When pulling between manholes is inapplicable, such as dead-ends segments, the Contractor may push the camera for a short distance with jointed rods or similar devices, or may pull the camera by running cables through a cleanout. If, during the inspection operation the camera will not pass through a portion of the pipe the Contractor shall follow one or both of the following procedures (if directed by the Engineer): A. Attempt to remove the blockage in the pipe without a point repair. B. Re-set up equipment in such a manner as to perform the inspection from the opposite manhole and note the location of the blockage. If, in the opinion of the Engineer, the Contractor has followed the procedure(s) above, and the camera still fails to pass through the pipe, the blockage shall be noted and the Contractor shall move too the next line segment. 4003.04-COMMUNICATION Whenever non-remote powered and controlled winches are used to pull the television camera through the line, telephones or other suitable means of communication shall be set up between the two manholes of the section being inspected to insure good communications between members of the crew. 4003.05-MEASUREMENT The accuracy of measurements cannot be stressed too strongly. Measurement for location of defects shall be by means of a meter device. Marking on cable, or the like, which would require interpolation for depth of manhole, will not be allowed. Measurement meters will be accurate to two tenths (0.2). of a foot over the length of the section being inspected. Accuracy of the measurement 4003 - 1 CITY OF PORT ARTHUR, TEXAS SANITARY SEWER SYSTEM - 9TH AVE. EXTENSION CONTRACT ITEM 4003-TELEVISION INSPECTION meters shall be checked daily by use of a walking meter, roll-a-tape, or other suitable device 4003.06-DOCUMENTATION Documentation of the television results shall be as follows: A. Television Inspection Logs. Printed location records shall be kept by the Contractor and will clearly show the location, in relation to adjacent manholes, of each infiltration point discovered by the television camera. In addition, other points of significance such as locations of sewer connections,joints, unusual conditions, roots, storm sewer connections, collapsed sections, presence of scale and corrosion, and other discernible features will be recorded and a copy of such records will be supplied to the Owner. Video Tape Recordings. The Contractor shall make a continuous video tape recording of all line segments (or portions thereof) televised, including verbal comments on line conditions. The purpose is to supply a visual and audio record of problem areas of the lines that may be replayed both daily and at future presentations. The Contractor shall keep all tapes and necessary playback equipment readily accessible for review by the Owner during the project and for thirty (30) days after project completion. Video tape recording playback shall be at the same speed that it was recorded. Slow motion, stop motion, and recap features shall be available on the playback equipment. At least one (1) copy of each video tape shall be supplied to both the owner and the Engineer. The copies shall be exact duplicates of the original tapes and shall be of equal quality in tape, audio, and visual. 4003.07-RESTORATION OF SITE If the Contractor digs any pull pits for the purpose of televising or for equipment removal, he shall restore the sites to their original condition or better. All sewer pipe broken to provide access for equipment shall be repaired or replaced, using material similar to the existing line where practical. The restored lines shall be structurally sound and free of infiltration/inflow. All bedding and backfill shall be 1-1/2 sack cement stabilized sand to one (1) foot above the pipe then the remaining backfill and surface restoration shall be equal to or better than the existing. 4003.08-SAFETY If during construction operations, entry into a confined space is required, the Contractor shall comply with the requirements set forth in "Part II, Department of Labor, OSHA, 29 CFR Parts 1910, Permit-Required Confined Spaces for General Industry; Final Rule, dated January 14, 1993 or latest revision thereof. 4003.09-PAYMENT Payment for television inspection of the sewer lines shall be per the Bid Item provided in the Bid Proposal for this work. No separate payment shall be made for (a) keeping television inspection logs and supplying the Owner with copies of these logs; (b)setting up(or resetting up)equipment for cleaning, televising, viewing, recording, and communicating; (c) bypass pumping; or(d) video tape recording. 4003- 2 SECTION P QUALIFICATION STATEMENT J SUBMI l TED TO: CITY OF PORT ARTHUR BY [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name: 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor (b) As a sub-contractor 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner P-1 4. Have you ever failed to complete any work awarded to you? If so, where and why? 5. In what manner have you inspected this proposed work? Explain in detail. 6. Explain your plan or layout for performing the proposed work: 7. The work, if awarded to you, will have the personal supervision of whom? (a) For administrative management? (b) For resident construction superintendence? (c) What experience in this type of work is enjoyed by the superintendent designated under(b) above? I 8. What portions of the work do you intend to sub-let? 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 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? I I I I P-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer Dated at this day of , 20_. BY: TITLE: P-4 SECTION Q House Bill 89 Verification I, T.W. HARRISON (Person name), the undersigned representative (hereafter referred to as "Representative") of ALLCO LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary,do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. "<.��i,�� SI NATURE OF REPRESENTATIVE = A T.W. HARRISON - PRESIDENT * SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1ST day of JACQUELINECHRISTOPHER1 t oi_r�p0°� NotaryPublic,State of Texas t MARCH ,20 23 - - �=•� Com.Expires 05-21-2024 t 4"fooE Notary ID#155932-5 r 2 fi - 1 �k No4,y P is SECTION R CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. �;a+ ; ;!r,, SieLI-Signature: C rjk )CiWZIAC:a/'D . C��' 9 E - Printed Name: r Printed 's • • Name: T.W. HARRISON /"ei, * 00°' Title: PRESIDENT Company: ALLCO LLC Date: MARCH 1, 2023 SUBSCRIBED and sworn to before me by the above named T.W. HARRISON on this the 1ST day of MARCH , 20 23 . t PY PI, JACQUELINE CHRISTOPHER t f 1.0(frt. �`��L;Y No#�ary Reiblic in and for the '' ,va , Notary.Expirlic,State 1 Texas t State of Texas Comm.Expires 05-21-2024 t rlEOF�E� Notary ID#155932-5 t t My commission expires: 5-21-24 SECTION S AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc.,shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. ALLCO LLC MARCH 1,2023 Firm Name Date rP ��• .1 PRESIDENT Authorized Signature E1 Title T.W. HARRISON l 409-860-4459 Name(please print) * ��� Telephone tharrison@allco.com Email STATE: TEXAS COUNTY: JEFFERSON SUBSCRIBED AND SWORN to before me by the above named T.W. HARRISON on this the 1ST day of MARCH ,20 23 r.� (/ ��..•a+v.r.+.aw..w. .d w .+.,w+n .a r.ar . pY �� o� . Po JACQUELINE CHRISTOPHER , ��� Notary Public,State of Texas/ hf Notary Public c V P Comm.Expires 05-21-2024 FORE Notary ID#155932-5 t RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION T SB 252 CHAPTER 2252 CERTIFICATION I, T.W. HARRISON ,the undersigned an representative of ALLCO LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Depai tuient. T.W. HARRISON - PRESIDENT Name of Company Representative(Print) 1, Si nature of Company Representative = Y /, '" .4 • MARCH 1, 2023 1i,, *„►���`'' Date c • .... tip ...1.1.1 3,..., a) (..) IIIrc')" rn . ,. .' _ . 7f' C'r) CA 0 CA . 1,---i •-...i CI.) r-Ce_i = CD 0 • 7; co 0 .. •..,, -,., Ny 0.) --cf) Et) a_ rfi CO U a) OW _., k- ;11 co — 0 co ---) a) © 0 :,-_-_J ..!! c....) ct----- 0 r' ''' -0 mil Ems • = a) • r--i (-NI • • • in co ui ... a) X cz C• 0 X - C 0 a C...) • OD < < m .-----------77, C Hi 71- . 1-1 -.:-.• (0 . (f)7 —i 4S 1.---4 ;.--1 ":'7 X I• ..) 1--- __Q (I.) - 1 0 0 00 0.-' rCED 'i . • . >111 (4.1) a) •--i . 4-1 • ,--i (1) l ;- ---w-------:, I--- , •Iwo 0 F .•.) z I) I) 0 _• II IMO 0 C CC5 C. CC5 •X CC5 , C) 0 0 (1.) E -4=i co c o o a) o (...) U ._..1 0 - • SECTION U FEDERAL CLAUSES 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FR.-IUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 3. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the TXDOT assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious,or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 4. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by TXDOT under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1)on the Contractor, to the extent the Federal Government deems appropriate. 5. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. 3. ,4CCESS TO RECORDS The following access to records requirements applies to this Contract: • Where the Purchaser is not a State but a local government and is the TXDOT Recipient or a subgrantee of the TXDOT Recipient in accordance with 49 C. F. R. 18.36(i),the Contractor agrees to provide the Purchaser, the TXDOT Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the TXDOT Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 4. FEDERAL CHANGES Federal Changes- Contractor shall at all times comply with all applicable TXDOT regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and TXDOT, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. S. CIVIL RIGHTS 1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d,section 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C. §6102,section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed. national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements TXDOT may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race,Color, Creed,National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to,the following:employment, upgrading,demotion or transfer,recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R. Part 1630,pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by TXDOT, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 7. It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con-tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. 8. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. TERMINATION TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract,or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days' notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. 8. DEBARMENT&SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9. BUY AMERICA REOUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323G) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in CITY-funded projects are produced in the United States,unless a waiver has been granted by CITY or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C)and 49 C.F.R.661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 10. RESOLUTION OF DISPUTES.BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 11. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law I01-121, as implemented by the Department of Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier,such disclosure form shall be furnished to the Authority. 12. CLEAN AIR a) The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C. §§7401 et seq.The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 13. CLEAN WATER ACT (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels-The contractor agrees: a. to use privately owned United States- Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material,or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the CITY recipient(through the contractor in the case of a subcontractor's bill- of lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 15. FLY AMERICA REO L'IREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10,which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 16. DAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874.The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over $2,000. 40 USC 3142(a), 29 CFR 5.S(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause(see 29 CFR 3.1!) enumerated at 29 CFR 5.S(a)and reproduced below. The clause language is drawn directly from 29 CFR 5.S(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (!)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classifications and wage rates conformed under paragraph(l)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall always be posted by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (iiXA) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (I) Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2) The classification is utilized in the area bythe construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or(C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(v) (B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding-City Utilities shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, City Utilities may, after written notice.to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B)of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CPR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CPR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CPR 5.12. (5)Apprentices and trainees-(i)Apprentices -Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees- Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(l) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general dispute's clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l). 7. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 8. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTI\IE COMPENSATION 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation;liability for unpaid wages; liquidated damages-In the event of any violation of the clause set forth in paragraph(I)of this section the contractor and any subcontractor responsible therefore shall he liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall he computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth in paragraph(1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. 3. Withholding for unpaid wages and liquidated damages-The(write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to he withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may he determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. 4. Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall he responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this section. 18. BONDING BID SECURITY: Bids shall he accompanied by a hid guarantee of not less than five percent (5%) of the amount of the total hid which shall he a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a hid 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 thirty (30) 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 be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REOUIREMENTS;&Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 19. SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 20.PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for CITY,and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third-party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a)The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by CITY. 21.PRE-AWARD AND POST DELIVERY AUDITS REOUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third-party contractors. • Buy America certification is mandated under CITY regulation, "Pre- Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by CITY regulation, "Buy America Requirements--Surface Transportation Assistance Act of I982, as amended," 49 C.F.R. 661.12, but has been modified to include CITY's Buy America requirements codified at 49 U.S.C. A53230). Pre-Award and Post-Delivery Audit Requirements-The Contractor agrees to comply with 49 U.S.C. §5323(1)and CITY's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: I. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists I) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH CITY REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED POT TTPMPNT 22. ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 23. BID PROTESTS. (I) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five (5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen(15) days of receipt of the protest. Within the fifteen (15) day time period, the City will: •Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known,or if there has been an error of law or regulation. • Render a decision supporting or canceling the award,such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by theCity Council. 24. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended(42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 CFR247. ATTACHMENT"1" NONLOBH TTHGE 49,CODE OFERTIFICATiFEDERAL REGULATIONS, PART5 29 CONTRACTOR certifies,by signing and submitting this form, to the best of his or her knowledge and belief, that: tl) No.Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any of person for influencing or attempting to influence an roi eimplovee of ar or vee of any Federal Member of Congressenc onriy, a ectiobn er with the Congress, an officer or employee of Congress,or awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisiteifor e r meaking r entering teri in on tshis transactionb sa Lion tom a civil by Section 1352,Title 31, U.S.Code. Any person who fails penalty of not less than$10,000 and not more than$100,000 for each such failure. CONTRACTOR also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. COtK��'�. Signature: '`' Printed Name: T.W. HARRISON Title: • .. PRESIDENT //'' -""- Firm Name: ALLCO LLC - A-