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PR 23204: EXECUTION OF A CONTRACT WITH ALLCO, INC OF BEAUMONT, TX FOR THE DALLAS & 4TH ELEVATED STORAGE TANK PIPING REPAIRS PROJECT
£nrr,�r r 111'1 YI�l IIP Ir w c INTEROFFICE MEMORANDUM -WATER UTILITIES DEPARTMENT- Date: July 7, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23204 —Execution of a contract with ALLCO, Inc. of Beaumont, Texas for the Dallas&4th Elevated Storage Tank Piping Repairs Project Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to execute a contract with ALLCO,Inc.of Beaumont,Texas,for piping repairs for the Dallas&4th Elevated Storage Tank. Background: The elevated storage tank,located at Dallas&4th,is in need of pipe and valves design and repair for the lead joint pipes and malfunctioning valves. Schaumburg&Polk,Inc.of Beaumont,Texas is the project engineer and construction manager by providing professional engineering services by preparing specifications and documents, bid procedures phase and the construction phase. Budget Impact: Professional services rendered as Project Engineer for the Dallas & 4th Elevated Storage Tank Rehabilitation Project has a projected budgetary impact of$207,994.00. Funding is available in City Account No. 405-40-000-8516-00-00-000,Project No. WS-0004 CON. Recommendation: It is recommended that City Council approve PR 23204, as discussed/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 23204 7/7/23 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ALLCO, INC. OF BEAUMONT, TEXAS, FOR PIPING REPAIRS FOR THE DALLAS AVENUE & 4TH STREET ELEVATED STORAGE TANK PIPING REPAIR PROJECT WITH A PROJECTED BUDGETARY IMPACT OF $207,994.00; FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO.WS-0004 CON. WHEREAS, the Elevated Storage Tank, located at Dallas Avenue & 4th Street has lead joint pipes and malfunctioning valves that need to be rehabilitated to properly operate the water tower; and, WHEREAS, the City of Port Arthur hired Schaumburg & Polk, Inc. of Beaumont, Texas as Project Engineer to oversee the project, approved by Resolution No. 22-372; and, WHEREAS,the City of Port Arthur advertised for bids in the Port Arthur News on April 26 and May 3, 2023 for the Dallas & 4th Elevated Storage Tank piping repairs under Bid # P23- 043; and WHEREAS, two (2) bids were received, and have been evaluated by Purchasing and Schaumburg& Polk, Inc., a copy of the Bid Tabulation is attached hereto as Exhibit "A"; and, WHEREAS, Schaumburg& Polk, Inc. recommends awarding the piping repairs contract for the Dallas Avenue & 4th Street Elevated Storage Tank piping repairs to ALLCO, Inc., the lowest and most responsive bidder, as delineated in Exhibit "A", with a projected budgetary impact of$207,994.00; and, WHEREAS,a copy of the contract is attached as Exhibit"B". 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, PR No. 23204 7/7/23 bw Page 2 of 3 THAT, the City Manager is hereby authorized and directed to execute, on behalf of the City of Port Arthur, a contract, in substantially the same form as the attached Exhibit "B", with ALLCO, Inc. of Beaumont, Texas for the piping repairs for the Dallas & 4th Elevated Storage Tank,with a projected budgetary impact of$207,994.00; and, THAT, funding for this contract is in City Account No. 405-40-000-8516-00-00-000, Project No. WS-0004 CON. 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, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: Councilmembers: • NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: bte (}/ki-1( k-) Cat 6c' i /Valecia Tiz no City Attorney PR No. 23204 7/7/23 bw Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton :::� ' an er Matth ws, P. Water Utilities Director APPROVED AS TO FUND AVAILABILITY: \ -7-1) Kandy Dan1 Finance Director /04;%, Zczaer. Clifto Wil iams, CPPB Purchasing Manager EXHIBIT "A" 2 m 8 8 8 8 8 8 88 8 8 8 e 0 Q o 4 v 8 $ 8 g g § g § N § 0 J O $a= 8 ,��0• h . ♦ f O L i O-8 N § 3 N H m N N N M M N �(Npp N • ctOr- en ,e 1.143aa0 8Q 8 8 8Q 8 8 88 88os: 0 8 NN ci f >0 a S § X S $ § $ § f8 § N O N w 2 N N .4 N a N « N m , 8 8 $ 8 8 8 8 8 p 8 8 8 8 N P F m max~ — mm1»»»X» �2 g� o <OE$ $ $ 8 8 8 8 8 88 8 8 8 N0 � Q g gQ g g gg p, ` 8 y N a 2 s a` S § § 0 § § § 0 o = g s » M U S H " 1 N w w CC(Ny b I " O Q C3m S1�? Nb V (A s E § 1 aCaC C • mpaLm $ O E m W~i i g C> c t 0 U m Qg e .. C ) RI z ~ $'O 18 .21U ILI E.m CC o » g° m 8 m m F-0 g4 a m O U m Z i m 0 a T. 5 o c c c ��' o m Q cU s o c n S m Q Em a p w 2 0 8 N G a a� w c a m b m m z Ormag a3 mo. ma. g . 1� 0 LL �o m c O c ; C a ro - 2.2 Qygy W a '3c 3 c§ t g a 3@ t 1 3 3 Z U &' i c 1 m q f6 3 m 1 W -U m m -2 1 m g o m c 52 O 3 r E a 8 - m 2 m o c 1 1 5 i i m o i c m m 12 d " .8 y m> e m o W m ccnc t g i0$ 6 f 1 £ 8 C 0 3 L 'pm co O c m 0 l ai m 8LW M 2 a § — E lo• 3s .2 g c �EB gI, 2 fm 24g 5 o _ I i- c"3 s ro m H Q)g• 'MR 3 ��r g Qa- D Q�W .3e�H c o S 5 c Ic a c � m wap 9• c Eg....8. ,t c ~• 9vz m5yti g ' a ..aA g c 1 • O}� m 4 �O m e c 2 �. .2 go Z m cvN FF-- _] is 3y q c c m y , . c % U_, U C C it .1 N g 8 i6 T2� G m V N t O m m r c• U<3�9 go�% 83CG0 mO C Ei", m �.c4 c a coe r 9 O gCyiVOyiG 21 gQ 5uI _.—.. y a15 9 wOw� o =mac m a a do'Y. ?, �IA a6 at. m ] H d:8 a E,4. U VIII m g e' ` $ 4AG ..0 1 CO �•24 •y P c 03'o E com C 4 O 3 ! 5 lio~4•1-+i: Zo P E.5m ocE .1% * m � me c. ,¢C: :23�`J.�j o o m m� c c* 'AK E' g g -g, 41-4% 2: "-••63C U m = C L ,G� E gm : E 2n gso o c 32 F L m ¢}}t�#*en• ,e` � c— c Q m m E cm C g C m 1 -, m c m - N 'O a• m m V 28E. .i V W , 8 21 . 2511 m do v b @O m a J a C m m A m m i s,,m• 5 m m 40 W g! c 5- ! EgB 25m E Eg§ Sa 5 v,.), i' v m m g m;�5 5 7,4` g k Q LL �c 0 _ a u L Oes t0 �3_.N E G m 'E m 6 a C C m m a u a 'AI m Ts'L c?�E c LL 2 LL m Lt. 3 ap°:<c W ¢e¢i t I g 8 yj.g § LL YI J L g _r ct S J C y , <") c 2 E 4. YI = > LL u_m 7 is 0 g W = m @ S mW amm W`oLL 6 n.0,sWc w = a` M m 2 T= J go ~_g 6 Z = O W-a U S_e x a a ym. <na yr ao a x.4>4u'C./C Z ca a O ›-a--is Y mW O o mC CW—yO _ o^ a y 0 co 0 CO CO CO (3 CO CO 0 G CO U aPEo r = W m tp C 9S to H W 3 m Ln (qWq W q N a7 P ci• o r ap of 2 e- J O EXHIBIT "B" SPECIFICATIONS AND CONTRACT DOCUMENTS Dallas Avenue & 4th Street EST Piping Repairs Cry,4; F f''t1{ii',h ort rtlt:t :"..7. CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS BID NUMBER P23-043 Prepared by: SPI SCHAUMBURG POLK, ._ CONSULTING ENGINEERS 4...mom'N°‘7 8865 College Street ,�* �., �", �, 9,•••••9 ! t.a Tor y� Beaumont, Texas 77707 ..PHEN J. JORDANa• (409) 866-0341 its e. /87�768 .lrc.i/C ENS ? : Firm Registration Number: F-000520 ��k SONA, .0.1. 6,(,2_, _1,02)3 April 2023 TABLE OF CONTENTS RETURN WITH BID A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID PROPOSAL YES E. GENERAL CONDITIONS F. SPECIFICATIONS G. SCOPE OF WORK H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. BID BOND YES J. PAYMENT BOND K. CERTIFICATE OF INSURANCE L PERFORMANCE BOND M. NON-COLLUSION AFFIDAVIT YES N. HOUSE BILL 89 VERIFICATION YES O SB 252 YES P. QUALIFICATION STATEMENT YES Q. CERTIFICATE OF INETERSTED PARTIES YES R. CONFLICT OF INTEREST YES DRAWINGS SECTION A CONSTRUCTION CONTRACT AGREEMENT 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 ALLCO, LLC, 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 Dallas Avenue & 4th Street EST Piping Repairs 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 90 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$207,994.00, or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) CONSTRUCTION CONTRACT AGREEMENT (B) ADVERTISEMENT FOR BIDS (C) INFORMATION TO BIDDERS (D) BID PROPOSAL (E) GENERAL CONDITIONS (F) SPECIFICATIONS (G) SCOPE OF WORK (H) SUPPLEMENTAL GENERAL CONDITIONS Part A Part B (I) BID BOND (J) PAYMENT BOND (K) CERTIFICATE OF INSURANCE (L) PERFROMANCE BOND (M) NON-COLLUSION AFFADVIT (N) HOUSE BILL 89 VERIFICATION (0) SB 252 (P) QUALIFICATION STATEMENT (Q) CERTIFICATE OF INTERESTED PARTIES (R) CONFLICT OF INTEREST A-1 Addenda: No. 1, dated May 12, 2023. 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: City of Port Arthur BY: NAME: TITLE: CONTRACTOR: ALLCO, LLC BY: NAME: ADDRESS: [CORPORATE SEAL] ATTEST: NAME: A-2 SECTION B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00PM, on WEDNESDAY, MAY 24, 2023 and all bids received will thereafter be opened and read aloud at 3:15PM, on WEDNESDAY, MAY 24, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: Dallas Avenue & 4th Street EST Piping Repairs BID No. P23-043 Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FORT TUESDAY, MAY 9, 2023 AT 10:00 A.M. AT CITY HALL 5TH FLOOR COUNCIL CHAMBERS, 444 4TH STREET, PORT ARTHUR, TEXAS. The Contract Documents, Specifications, and Plans may be examined at the following locations: A Complete set of the bidding documents are on file at www.civcastusa.com. There is no cost to view the plans, and printing can be done through the website. Sets of hard copies of bidding Documents will not be sold. Complete sets of bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding Documents. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. All questions concerning the project shall be routed thru the CivCast website. Plans can be viewed at Schaumburg & Polk, Inc., 8865 College Street, Beaumont, Texas 77707. Copies of the Specifications and other Contract Documents are also on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.qov or www.publicpurchase.com. 4 The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Please make sure to reference to BID No. P23-043 YoGanala ScyroM—GogieeaGtx on behalf of Clifton Williams, CPPB Purchasing Manager FIRST PUBLICATION: Wednesday, April 26, 2023 SECOND PUBLICATION: Wednesday, May 3, 2023 B-1 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. BID SECURITY AND LIQUIDATED DAMAGES Bids shall be accompanied by a bid guarantee of not less than five percent (5%) Check or Cashier's Check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within sixty (60)days after the date of the opening of the bids; that if a bid is accepted, the Bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed,the checks of the two remaining unsuccessful Bidders will be returned;that of the successful Bidder will be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER, within said period, of reasons which, in the sole discretion of the OWNER, justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified,the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within fifteen(15) calendar days of receipt of acceptable Performance and Payment Bonds. Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney. 4. NOTICE TO PROCEED Notice to Proceed shall be issued within fifteen(15) calendar days of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the fifteen (15)calendar day period or a period mutually agreed upon,CONTRACTOR may terminate the Contract without liability on the part of either party. 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount] aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). I. 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. 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and Schaumburg and Polk, Inc., its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of $100,000 3. Comprehensive Automobile Liability (Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10)days after execution of this Contract. The original Builder's Risk policy (if required)shall provide for fifteen(15)days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid, the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b)the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of he above will not relieve a successful Bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the considerations set forth in the bid. Any information shown in the specifications or on the Plans in regard to subsurface data, test borings and similar conditions is to be considered approximate and does not relive the Bidder of the responsibility for its verification. OWNER is not responsible for any failure by the CONTRACTOR to acquaint himself with available information for estimating properly the difficulty or cost of successfully performing the work. The OWNER is not responsible for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the OWNER. In conformity with applicable statutes, the OWNER has adopted a labor classification and a minimum wage scale, which is included preceding the Specifications. 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization, and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the City of Port Arthur and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for (1) non-consumable materials and equipment that are permanently incorporated into the project and (2) charges for skill, labor and consumable materials,tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants, tools, forming materials, etc.)are not eligible for exemption and are not to be included in the statement as "Non-Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER, furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including. without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 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. 44, __ TI Attention is direete4te-then er- wfhieh he wort€ ernpletion of-tbe-woricAviil be a considerate in the determination of 414e s ess-ett ise specified--ic#der must-state-time-in i�sl g,bet not limited to, 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. ('-6 14. EQUAL OPPORTUNITY Bidder agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the General Conditions. 15. MATERIAL SUPPLIERS AND SUBCONTRACTORS Low bidder shall supply the names and addresses of major material suppliers and Subcontractors when requested to do so by OWNER. 16. RETAINAGE Five percent (5%) of the amount of each periodic progress payment shall be retained, by OWNER, until final completion and acceptance of all work under the CONTRACT. 17. UNIT PRICES If the Contract may be let on a unit price basis,the Specifications furnished to bidders shall contain approximate quantities estimated upon the best available information, but the compensation to be paid to the CONTRACTOR shall be based upon the actual quantities constructed or supplied. 18. PRE-BID CONFERENCE Prospective bidders shall not be required to attend the Pre-Bid Conference outlined in page C-7 of the Information to Bidders. A NON-MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on: at, , at City of Port Arthur City Hall, 444 4tt'Street, 5t"Floor Conference Room, Port Arthur, TX 77640. The purpose of the NON-MANDATORY P_RE-BID CONFERENQE is to make certain that the scope of work is fully understood,to answer any questions,to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. c -7 SECTION D BID PROPOSAL 0 SPI SCHAUMBURO r' POLK, May 30, 2023 Mrs. Jess Liao, PE Utility Engineering Manager City of Port Arthur 444 4th St, Port Arthur, Texas 77640 Re: Dallas Avenue & 4Th Street EST Piping Repairs Recommendation of Award Dear Mrs. Liao, Based on our review of bids received on Wednesday, May 24, 2023, it is our recommendation that the above referenced project be awarded to Allco, LLC in the amount of $207,994.00 for the Base Bid (Items 1-11). Should the City elect to use Alternate Bid Item 10A instead of Base Bid Item 10, the total Contract Amount will be $210,506.00. See enclosed Bid Tabulation. Sincerely, Schaum ur & P k, Inc. Nestor Ba eta Project Manager G:\Port Arthur\3621 DALLAS&4TH EST\Bidding\ROA&Cont.Exec\ROA Allco.docx NZ' -gym� :,;;;14:fail4 8865 College Street, Suite 100 Beaumont, TX 77707 P: 409 866 0341 I F: 409 866 0337 ° p � ` , BID PROPOSAL CITY OF PORT ARTHUR, TEXAS DALLAS AVENUE & 4th STREET EST PIPING REPAIRS BID NUMBER P23-043 Item Quantity Unit Description Unit Price Total Price BASE BID ITEMS 1. 1 LS MOBILIZATION. costs, including payment bond, performance bond, insurance, & moving equipment to project, all in strict accordance with plans & specifications; NOT TO EXCEED 4% OF TOTAL PROJECT BID for, DOLLARS /kJp - CENTS $6,,p00.0cc $ " Lump Sum 2. 1 LS SYSTEM LINE. Furnish all labor, materials and equipment to remove and replace existing 12" AC water line outside of the tank site; under concrete, including saw cutting, removing and replacing existing 6" concrete driveway, removing and resetting the existing iron gate, excavation and backfill, disposal of the AC piping, new DI piping, fittings, valves, connections between existing AC pipe and new DI pipe,testing and sterilization, all in accordance with the plans and specifications for ,€ ati+..Sct,'nd DOLLARS ;,1,is, CENTS $54/ o4c:cc $ Lump Sum 3. 1 LS FILL LINE. Furnish all labor, materials and equipment to remove and replace existing 12" lead joint DI water line from the city's system line to the tank fill line inside of the dry riser, including excavation and backfill, new DI piping, disposal of the lead joint DI piping, fittings, valves, connection to the existing lead joint DI piping, repairing the concrete pedestal wall penetrations, testing and sterilization, removing and reinstaling the existing pressure transducer, all in accordance with the plans and specifications for poi `f10c.�-a,"Ac\ DOLLARS e CENTS $Lj c c .C e $ * Lump Sum 4. 1 LS DRAIN LINE. Furnish all labor, materials and equipment to remove and replace the existing 6" diameter drain line gate valve including piping, fittings, concrete supports and valve,connection to the existing lead joint DI piping, all in strict accordance with the plans and specifications.for i e-1 -11\C —SCtin - -- - -_ DOLLARS 4G CENTS $/O CC L,t i' $ Lump Sum 13- 1 ADD 1o.1 BID PROPOSAL CITY OF PORT ARTHUR, TEXAS DALLAS AVENUE & 4th STREET EST PIPING REPAIRS BID NUMBER P23-043 Item Quantity Unit Description Unit Price Total Price 5. 1 LS BYPASS LINE. Furnish all labor, materials and equipment to remove and dispose of the existing 6" bypass line including removing piping, fittings, and valves, all in accordance with the plans and specifications_ for `-1 4 41Q SCfrJ :J Z tl,rlc,^Y DOLLARS A); CENTS $ I SQO•c'D $ * Lump Sum 6. 1 LS 6" SYSTEM LINE. Furnish all labor, materials and equipment to remove the existing abandoned 6" line from the east side of the inner wall to the west side of the clutter wall, including 6" MJ caps, removing and disposing of the piping, valve and fitting, all in strict accordance with the plans and specifications for DOLLARS pp 4,1e - CENTS $Ipi500.CO $ Lump Sum 7. 1 LS DEBRIS. Furnish all labor, materials and equipment to remove all debris, trash, and all wooden shelving from the first floor of the interior of the tank, all in strict accordance with the plans and specifications for 4`);ne_ 14\0AA—SainA DOLLARS CENTS $Ci 000 ,OD $ Lump Sum 8. 1 LS COATING. Furnish all labor, materials and equipment to provide surface preparation and apply coating to all exposed piping, in accordance with Item 600, all in strict accordance with the plans and specifications for �--�re fe_ cl DOLLARS A o - CENTS $3DoO,o0 $ Lump Sum D-2 ADD No.l BID PROPOSAL CITY OF PORT ARTHUR, TEXAS DALLAS AVENUE &4th STREET EST PIPING REPAIRS BID NUMBER P23-043 Item Quantity Unit Description Unit Price Total Price 9. 1 LS LIGHTING. Furnish all labor, materials and equipment to inspect and repair the existing dry riser lighting system;from ground level to the top of the dry riser and install four(4) light fixtures at ground level around the interior of the tank pedestal, including all conduit and conductors, light fixtures, switches, and connections to the existing lighting panel, all in strict accordance with the plans and specifications for i e- DOLLARS \j CENTS $4-15,5b5.0 $ Lump Sum 10. 1,256 SF GRAVEL SURFACING. Furnish all labor, materials and equipment to fine grade and place a 4"compacted layer of gravel inside the entire interior surface of the tank pedestal, all in strict accordance with the plans and specifications for DOLLARS is)L CENTS $9=Cc $ Per Square Foot 11. 1 LS SERVICE POLE. Furnish all labor, materials and equipment to remove and replace the existing service pole serving the tank, including coordination with Entergy to disconnect and reconnect power, and reconnections to the lighting panel inside the tank pedestal, all in strict accordance with the plans and specifications for c- w—s TIN t..w 5(4-A-d Cn C c; d+v - DOLLARS CENTS $I5'I 5,CC $ Lump Sum ALTERNATE BID ITEMS 10.A 1,256 SF CONCRETE SURFACING. Furnish all labor, materials and equipment to place a 4" thick layer of concrete inside the entire interior surface of the tank pedestal,all in strict accordance with the plans and specifications for Eli e v DOLLARS Aic, - CENTS $ ��rt)t $ R Per Square Foot * Do Not extend unit prices or total out bid items. Show unit and lump sum 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 total bid amount is to be provided on accompanying"Bid Opening"Sheet. D-3 ADD No.l BID BREAKDOWN CITY OF PORT ARTHUR,TEXAS DALLAS AVENUE&4th STREET EST PIPING REPAIRS BID NUMBER P23-043 Bid item 1 Description Unit Quantity Cost/Unit Item Amount 1 MOBILIZATION(4%) /jpt j<noiOn AA- giv t,t C. („)e ta.N‘ a Moving equipment to site LS 1 slice e55c-KA e d Insurance LS 1 c Performance bond LS 1 d Payment bond LS 1 TOTAL BID ITEM NO.1 2 SYSTEM UNE a Saw cut existing 6"concrete drive LF 80 b Excavation and backfill LS 1 c Remove existing 12"AC line,including fittings,and valves LS 1 d New 12"DI pipe spools EA 4 e New 12"AWWA gate valve EA 3 f Connections between existing 12"AC and New DI pipe EA 2 g New 12"Tee EA 1 h New 6"concrete drive SF 300 i Testing LS 1 I Sterilization LS 1 j Removing and resetting the existing iron fence LS 1 k Disposal of AC pipe LS 1 TOTAL BID ITEM NO.2 3 FILL LINE a Excavation&backfill LS b Remove existing 12"fill line,including fittings,and valves LS 1 c Remove and reinstall existing pressure transducer LS 1 d New 12"DI pipe LF 34 e New 12"22.5 degree bends EA 2 f New 12"x 6"Tee EA 1 g New 12"AWWA gate valve EA 1 h Connection to existing 12"lead joint DI pipe EA 1 i Connect to new 12"Tee EA 1 j Repair concrete tank wall penetration EA 1 k Testing LS 1 I Sterilization LS 1 j Disposal of AC pipe LS 1 TOTAL BID ITEM NO.3 4 DRAIN LINE a New 6"AWWA gate valve EA 1 b New 6"DI spool LF 6 c Connection to existing lead joint DI pipe LS 1 d Concrete support LS 1 TOTAL BID ITEM NO.4 6 6"SYSTEM LINE(inside of tank) a Cut and dispose of existing 6"lead joint DI pipe LS 1 b Install MJ caps on existing 6"lead joint DI pipe EA 2 c Remove and dispose of exising TEE and valve LS i d Disposal of AC pipe LS e Thrust blocking LS 1 TOTAL BID ITEM NO.6 9 LIGHTING a Test and repair existing dry riser lighting system LS 1 b New light fixtures(at ground level) EA 4 c Conduits and conductors LS 1 d Light switches LS 1 e Connections to existing lighting panel LS 1 TOTAL BID ITEM NO.9 D-4 ADD No.S BID OPENING In the space provided below,please enter your total bid amount for this project. Only this figure will be read at the public bid opening. It is understood and agreed by the bidder in signing the proposal that the total base bid amount entered below is not binding on either the bidder or the Owner. It is further agreed that the official total bid amount for this proposal will be determined by multiplying the unit prices for each unit price pay item by the respective estimated quantities shown in this proposal,and then totaling all of the extended amounts plus the amounts bid for all lump sum items. Project: Dallas Avenue & 4fi' Street EST Piping Repairs Bid Number P23-043 Owner: City of Port Arthur 444 4=r' Street Port Arthur, 77641 • Total Base Bid Amount(Item 1 - 11) $ 1 � g 1,• 00 Total Alternate Bid Amount (Item 10.A) V 3 4 ...... ALLCO LLC 4i Name of Bidder - -' e o • —77C.A1 •- • ,s> T.W. HARRISON - PRESIDENT Jowl- SFID-5 ADD No,1 SCHAUMBURG S. POLK, FINANCIAL STATEMENT The Bidder shall include in his bid package a current financial statement as required by Instructions to Bidders. The statement shall be enclosed in a separate sealed envelope within the bid package labeled with name of bidder and project title. The envelope will be opened and the statement examined only if bidder is actively considered for award. Otherwise,upon request the envelope will be returned unopened after contract award. The attached statement will remain confidential and will not be included in contract documents. MIX SCHAUMBURG POLK, FINANCIAL STATEMENT The Bidder shall include in his bid package a current financial statement as required by Instructions to Bidders. The statement shall be enclosed in a separate scaled envelope within the bid package labeled with name of bidder and project title, The envelope will be opened and the statement examined only if bidder is actively considered for award. Otherwise,upon request the eove?ope will be returned unopened after contract award. The attached statement will remain confidential and will not be included in contract documents. • pi • SLHAUMBURG r=. POLK,- „ BONDING COMPANY INFORMATION The following person, firm, or corporation has agreed to execute the required payment and performance bonds in the event this contract is awarded to the bidder: Name of Surety: ZURICH Mailing Address: 2000 W. Sam Houston.Parkway.South,Suite 900 City,State,Zip: Houston,Texas 77042 Telephone Number: 713:782-5937 Is surety authorized to operate in Texas? Yes Is surety aware of size of project? Yes Does surety have adequate authorization and resources to cover hones for the amount of this contract? Yes _ Rating from Best's Key Rating Guide A+155_n �_ Project: Dallas Avenue&4th Street EST Piping Repairs Owner: City of Port Arthur 444 4th Street Port Arthur,77641 ALLCO LLC Name of Bidder 7 - I spi Sty AUMEU4 r=. POLK,a x SECTION E GENERAL CONDITIONS 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 [-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 64 6g-- ock-l= s 357 364, Title-40 U.S.C., 641. Employment of Certain Persons Prohibited o-Ades Det 6 Cringe Benefits Not ExpreaserJ as sourly Wage-Rates 6 7- and^� 68: -Complaints, 7. o€Contr 72- -Specific Ca by Employees 73. Ineligible 74. Provisions to be tnsledec in-Certain--Subcontracts 75. Breach of Foregoing Federal Labor St 77. Contract 78. Kickbacks from Public-Works Employees 7R.-L t: 3 8a P-fesepiatioR RayFett Resefds the-8esfetary-o -Labef 85,- estieR 3.8 Astief De4ustieffs 91. Civil Rights Act of 1964 afl4 G w ty 93. Indemnification 94. Delays 95. Maintenance of Work 96. Antitrust 07. Federal Labor Standards Provi ions 98. Delay, Disruption and/or Other Claims 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. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at)the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER Refers to the City of Port Arthur, Port Arthur, Texas. e. "CITY OF PORT ARTHUR Refers to the City of Port Arthur, Port Arthur, Texas. 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, • maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above. the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY OF PORT ARTHUR. b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract, 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three (3) years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract: and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and t'-7 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. The Contractor shall submit a request in writing to the City at least 72 hours in advance of the days requested to work on. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 20. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers'or vendors'names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material,article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable to the City Manager or his/her designee and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. c. If the CONTRACTOR uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to the t.._9 CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract,within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved (See information to Bidders, paragraph 5.). 25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00.) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended. 42 U.S.C. 1857, et seq.. the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15. as amended. In addition to the foregoing requirements, all nonexempt CONTRACTORS and Subcontractors shall furnish to the OWNER the following: a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Act, as amended(33 U.S.C. 1318)relating to inspection, monitoring, entry. reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. A stipulation that, as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the CONTRACTOR that he will include, or cause to be included,the criteria i-I and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-base paint hazards under subpart B of said regulations. The OWNER will be responsible for the inspections and certifications required under Section 35.14(f) thereof. b. Use of Explosives: When the use of explosives is necessary for the prosecution of the work, the CONTRACTOR shall observe all local, state and federal laws in purchasing and handling explosives. The CONTRACTOR shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The CONTRACTOR shall notify all OWNERS of public utility property of the intention to use explosives at least eight(8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found F:-I I and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 29. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted,then upon the application of either party,the Contract shall forthwith be physically amended to make such insertion or correction. 30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract,the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR alone shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer,the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s) permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 32. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTORS; I. I2 r- c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To effect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other CONTRACTOR. 33. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved,except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract,and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 34. LAND AND RIGHTS-OF-WAY Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions). Performance Bond, Payment Bond, Special Bonds(if any), Proposal,Special Conditions(including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 37. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTORS. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTORS and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTORS. f`.-!3 Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 38. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor,which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is responsible for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. The CONTRACTOR shall not sublet the contract work to subcontractors more than 50% of the awarded project contract amount. 39. ARCHITECT/ENGINEER'S AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications,the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 40. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTORS, performing work for the OWNER. shall be adjusted and determined by the Architect/Engineer. I .14 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 CONTRACTORS If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR or Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER against any such claim. 45. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER of all claims and all liability to the CONTRACTOR for all things done or furnished in connection with this work and for every act and neglect of the OWNER and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the CONTRACTOR or his Sureties from any obligations under this Contract or the Performance and Payment Bonds. 46. PAYMENTS BY CONTRACTOR The CONTRACTOR shall pay(a)for all transportation and utility services no later than the 20th day of the calendar month following that in which services are rendered, (b)for all materials, tools and other expendable equipment to the extent of ninety-five percent (95%) cost thereof. no later [:-IS 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 AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract,the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER,showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER (a) a detailed estimate giving a complete breakdown of the Contract price and(b)periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. 48. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30) calendar days from the date of submission of application for payment to the City of Port Arthur. the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain five percent(5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract: Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th)day of the month. Provided further,that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the City of Port Arthur Council's regular schedule of meeting. The CONTRACTOR may alter his estimate period such as to give the Engineer (ten)10 working days prior to the next scheduled City of Port Arthur Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, No materials on hand will be paid.The material delivered on the site and preparatory work done may be taken into consideration by the Engineer. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all f,-Iti claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may,after having served written notice on the said CONTRACTOR,either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. 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. E:-17 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 on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age unemployment contributions. To the cost under(c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 53. EXTRAS Without invalidating the Contract, the OWNER may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the OWNER or its Architect/Engineer, acting officially for the OWNER, and the price is stated in such order. 54. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the CONTRACTOR and the OWNER, that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed". The CONTRACTOR agrees that said work shall be prosecuted regularly, diligently and without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed. by and between the CONTRACTOR and the OWNER,that the time for the completion of the work described herein is a reasonable time for the completion of same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER,then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract,to pay to the OWNER the amount specified in the Contract, not as a penalty. but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays. and Federal. State, and City of Port Arthur holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. t:-18 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. It is also agreed that for each five (5) regular days of work lost due to any of the foregoing reasons, seven (7)calendar days will be added to the contract time(or 1.4 calendar days added for each one(1)regular day of work lost) Fractional calendar days will be rounded to the nearest whole number of days. Provided,further,that the CONTRACTOR shall,within ten (10)days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the 1.-19 Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. The Contract Time includes 20 calendar days for delay due to inclement weather. The CONTRACTOR will be required to submit a request for extension due to inclement weather, however, the Contract Time will only be revised if the 20 calendar days are exceeded. 56. PROTECTION OF WORK AND PROPERTY--EMERGENCY The CONTRACTOR shall at all times safely guard the OWNER'S property from injury or loss in connection with this Contract. He shall at all times safely guard and protect his own work, and that of adjacent property, from damage. The CONTRACTOR shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the Contract or by the OWNER, or his duly authorized representatives. In case of an emergency which threatens loss or injury of property and/or safety of life, the CONTRACTOR will be allowed to act,without previous instructions from the Architect/Engineer,in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the CONTRACTOR due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the CONTRACTOR has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the CONTRACTOR on account of any emergency action shall be determined in the manner provided in paragraph 52 of the General Conditions. 57. INSPECTION The authorized representatives and agents of the OWNER/ENGINEER shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59--P€DERni i eBOR c I-StQNS e1l-iabe a erred--upeh-the work covered by,this Contract shalt-be-paid lc c often than once-each--week--aed without-subsequernt-deduction of as -ss# ether payroll deductions-as-are peffnitted-by4heapplicable-regulations-issued-by-the Secretary-of La bar; the-full-a-mount due at time of payment computed-at wage-rates-not less thaff ose-seatained--in-t-he wage determination decision of-said--Secretary of labor 4a copy of- which is attached hereto and t•-2() be-by check i€-the s. -Also; €4,--4.NDE-R.RAY--ME44-T,S-OF-WAGE---8-OR-SAL-ARIE-S Contfact, 61. ANTICIPATED COSTS OF FRINGE BENEFITS listedl--in the which-is-a-pact-o€ the-CONTRACTOR to sot aside in under t to-ffinge benefits -first HOURS AND SAFETY STANDARDS ACT(76 Stat. 357-360: TITLE 40 LI.S.C., SECTIONS 327 332 -._-_a ooltfastilg-fef-any paft-of urs-in-such mot-less than ene thy. set h- (a};--the CONTRACTOR--and any-Subcontfactof responsible T liquidated ns-of-the-clause set-fodb-inacagfaph E:21 —e— olding€ar Li d. Subcontracts: The CONTRACTOR shall 64,---E-A44;264YUENT--OF-APPRE-NT-4-G-Egg-RA444E-ES A-be eligible-fe Labor--wfitteR-evidence--cf-the--registration-ef--his--pcogram-and-apprentices-as-well-as-the _o rates)for the area-ef- work. The wage. -percentage-of-the determination. and individual y- -evidenced-y —T than -the and Training--€ver-y trainee-must-be-paid-at-not-less-than the of progress--Any a i Apprenticeshipan€14rainingr shall be paid not less than -thee -- . repulred reglstr'atien-e€ -aad that-program. In thhe the CONTRACTOR -to ut+li a trainees-at-lees than the applicable E -22 64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED Contract. ESAID stancianzts-centfact clauses(29 CFR, 5.5 (a) (1) (ii). 66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES rate-and a sash-equi 67. POSTING WAGE-- €RM►NAT►ON DECIS► .AND ►q THORIZED WAGE D€-SUCTIONS The applicable wage the var all deductions, if any, in 68. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 69. CLAIMS AND DISPUTES Claims and disputes toe mechanics P1•ER for the -Urban t?-23 70. QUESTIONS r�n.�N-GE Nr_GER-TAIN cGncRA c-rATi ES Ng REG ii oTinnrS (a) --e#-tabor, United States other pertinent-federal-etatdte7shalt-be-referred;-through-theGANNE-R--and-the-Seoretary of-Housing-and Secretary 1 # be-relied-men 71. PAYROLLS AND BASIC RAY-ROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR RACTOR and of the stbrn+ss,+or fs,--€ ta+r the-"Weekly Statement the-work l-be se of-Ike-wockan4p thereafter. Such payrolls-andbasio-payfell of the Davis-Bacon --o#hours and-actual--wages . never-the under Title 1(b) (2) (B) of the Davis-Bacon--Act, the CONTRACTOR of-Subcentras i feoofds brogram--is which-show-the-costs-anticipated or-the actual-cost benefits The-GON-TRAGTOR-and-each Sub-contractor--shall able for" representativesof the Secretary-of-Housing-and Urban- Development, the OWNER -and- the United States Department of Labor. Such representatives shall be-per of the any 72. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES n-s by -CON•TRAC and--the rr+anufaoturi ;acticics, -on-the site-of-the-project-or Subcontractor;-shall, for the- race, and--witout li-miting-the-generality of-the Standards-PrOVIsidatS are applicable, 73. - -The--GON-TRACTOR shall not subcontract any part of the work--covered-by-t is Contract-or 1:-24 GonEract-whe 75. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS here set forth, the OWNER reser 76. EMPLOYMENT PRACTICES The empleyment Toyed,_ struction Subcontract. A breach of Section 45 and the Feder 78. KICKBACKS FROM PUBLIC WORKS EMPLOYEES any- a , financed ef-gf than five (5) years, b. Subcontractor pre0ed+Rg-weep-section -4404 of-Title 18 (United Statesly to such statements- Department---of L the--regulations- t:-25 , ,11 •• �Lp " , 'fast���'abo e 79. LABOR TITLE 29 CFR PART 3 1 „ This part-is-intentleel-to-aiii-i-n4he-erifEWGerhellt of-the 1 e s work. �����(rL�erm 1n1 " 11 " C manu1Wturing'j s`.. , , and-at-the--sitepf-suoh--a-Pu4kling--er-work-aa-is-desoribect-in4he-foregoing-senterioe7-the federal or-state-agenraoquirea-titie-to--stish-materials,-artioies, supplies-or-equipment or "building -oril 11 b. The terms-"construction", "prosecution", " " " doneehapaftisular-lauilciling•or-work-at-the-site-thereof-r-inoluding-,--without-timitationr altering; -supplies--or equipment-on-the the CONTRACTOR-or-Subcontractor. c. The terms " " d. " States"includes-t #ing prosecution • , as defined by term building.or work N-26 e. Every ks-er „ -to # QNT.RAC. RACTOR or The term "federal ag , and all executive agencies- nd all-or substantiall District--of-Columbia-or any--o€-t e A(1 WNE-E-Ki Y CTAT MENT W-T-4 RESPECT TO PAYMENT OF WAGES u n borer #hose whe-acre-the of s14 -e+10eyee6, b. Each CONTRACTOR or Subcontractor engaged in the construction, proscsution, completion or-Fepaic-of-ar}y-public statement-with ro,pcct to the wages-paw k covered be executed by the CONTRACTOR or ara enployeeaf-the-CONTRACTOR or hesupervises--the-payment of wages and-shalt-been-form-WH-34W, „ l form-ern—the—bask of WH 347, "PayrollCONS--Optional-" Of on-any form with identical wording---Samplesopies-o€ 4 y_be-obtained from-the-government ring--agency-arid copies of-these-fors--may-be-purchased-at-the o-- ($2-,988-)-oF loco, d federalrul agency;---the Secretary-of-Labor-may provide reas4 ,-var -and exemptions from-the requirements of-this condltierrs--as-the specify. EEKLY---STATEMENTS AND—THE PRESERVATION AND INSPECTION OF WEEKLY PMROLL RECORDS -- ,-Eash weekly-statement-required under be delivered-by-the CONTRACTOR--or Subsentrastorr F .-to a-representative of-OWNER-in-charge at the site of the building, if there is-no -at by-the CONTRACTOR or-Subsontr-astor, within such time, to the OWNER.--After such 1 -2..7 avaiiable i a report of any violation, appitoable-ice the-United States Department-of-Labor. period of three pa ec rds-s set-out.assurateiyand-completely-thenameandaddressefeaoh-laborer-and-meohanto--his -rate-of-pay,-daily his-authorized representative-and-by-authorized OF THE SECRETARY OF LABOR this-section-may-be-madewithout . eguirementso€federal, state or--local-lev.L; as or a-ide--pcepayment of prepayment-of-wages"' -made-anly-when-sash--or-its-eg alent hasthemanraec-asa give#i144-samplete freedom-of-disposition of-the-advanced-funds- c. Any--ded erg-ef d by-sea#-process-to--bepaidtoanethe r ess-sae sallosi4n exists. d. Any on-behalf-of-the person--employed-to-funds h;-for--the-purpose of providing-either from-principal-orions or annuities on retirement, e ath benefits, -compensation-tor injuries, illne&c---accidents: to provide any of-the-foregoing-, or-unemployment n pay-savings the-benefit of mpioyees; the deduction-is-not by law; (2)itis to-by such consent is-not--a for--the obtaining--of or for-the continuation-of CONTRACT ntatives-of its-enap benefit--is-othewrise s itaineddirectlyor indirectly;-icy--theCONTRACTOR-of-Subcontractor er-any-a#il+ated pers,�ony��,r -the ;-dividend-ef ('l) the deductions-shall--serve-the and interest-of-theemployee; toward the purchase-of-Linited--States Defence Stamps-and Bonds whew authoremployee. purchase shares-in credit-unions organized-and operated-in accordance-with-federal and-state-credit union: • gover -agencies-such h. Any ed e rnak i. Any deductions-to-payi -not includin9 fines-o r specia- provides-for suc „ meeting the required-under§-516.27(a) of this title shall be-kept. 83. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE SECRETARY OF LABOR make.-arm-deduction not-permitted-under§3.5. The Secretary may--grant-per ss+on-whenevef-he finds that: -- The-CONTRACTOR,_ Subcontractor--orr--any-affiliated-person-does-not-make-a profit-or benefit-directly-erindirestly--frerwthededuction-either in the#orm-ef-a-semmiesiorr,d+vldend or-otherwise:- a-The-deduction is ey- ; e, The deduction is either (1) .employee-in-writing-and in eitherfor-the--obtaining"a#-employm ovided-#sr-ir-a bonafide t between--the CONTRACTOR or representati -_ d serves the intnn et-ornhe-employee. 84. APPLICATIONS FOR THE APPROVAL OF TUG SECRETARY OF i ©BOR with he requirements-prescribed-in-the f section: a. T application shal4-be n-writing the-Secretary of La-bor. -.--b -The-appli tiff-the-Contract-or•Contracts under-which-thework in-guestion-is to-be performed---Pn-wilt-be-given-for-deductions-only-arti-spec►€+c;-identified Contracts;-ex eptional-circumstances. c. The-application-. met forth-in-the provisions-of-§3.6. The-affirmation-shalt-be-accompanied-by a full-statement of the facts . d. The appl ,the-purpose-te-be served thereby-and the-classes of laborers-or-mechanics--f whose-wages the proposed E:-2) • 85 CECTtON ACTION BY THE SECRETARY Q I AB R 1 1 -,�� F�uPON-APRL-{CATIOAtS 86. PROHIBITED PAYROLL DEDUCTIONS perm+ss}ble 87. METHODS OF PAYMENT OF WAGES nd-or the putalio-1944€141g-Gf-otiblio-WG44-,EK4atAdif4g-Of-Vse9f4-4nanGe€1- whole-or-i.n-part-lay-loans-or-grants-from compl—with t+ 89. EQUAL OPPORTUNITY PROVISIONS (E.O. 11216) (applicable-to T (1) The CONTRACTOR shall not g, 431e otioe-er F-33 fort#--the- revisions--of this consideratie • (3) CONTRACTOR'S shall B. Contracts ,- n { ppl► ta-fect y-as d latoing ,-the--CONTRACTOR-agrees-as follow E-30 (1} The CONTRACTOR--wilt-rot -d wl take that--applicants--ate Such limited-to,-the sF-termination;-rates of pay slaese.. for-emplsy national-eigia: - (3) The CONTR , which#e ta-e-provided-by copies-of notice in--conspicuou -ptaees-availadle to-employees and-applicants-for employment. (4)-The CONTRACTOR--wil-Gem _with- r--11216-of September 24, 1965, and of ttiYr.e leTrega4at orders-of-the Secretary-of Labor. —(5) The 0�3l�tTRAOTOR will fur Executive Order Labor-orpursuant-thereto.,and s; recordsand-acee&►nts-by-the (6) In the-event of the CONTRACT—OR—'CONTRACT-OR-LS noosempliansewitkr4he-non--disori inatiocI-elaoses of-this--Gentr-act or--with--any-of the said rules, reg s, this Contract-may-be cancelled, - ,.and-the-sell -be declared-ineligible for further governme NTRACTOR'S-ar federally- -assisted -or of-the Secretary-of Labor, or as (1) Tom. paragraph-0-}-and--the-provisions-of-paragraph(1) through (7 purchase-orderunlessexempted-by-rules;regulations-ororder-s-of'-theSecretacy-of-Labor issued-pursuant to Mien-2O4of-€xeeutive-Order ,-so-that upon-eac Suboontracter-or-vendor-The CONTRACTOR wilt take such action with respect to any-204- f Executive Order 11246 of-September-24, 1-9657-se-thatt--such-provisions Will be-binding-upon-each-Subcontrac as-the Department may-direct-as-a means-of--enforcing--such-provisions-including ACTOR becomes involved-in;-or+s threatened with;-litigation with a-Suboontract or-vendor as a y-request the-United States to enter into-such litigation-to protect the interest of the United-States. F - 1 C. Notice of Requirement foe-Affirmative rE.,� e-grder. Ten Thousand D dare- -1-0 00O)) (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"and the "Standard-F "set forth--herein. force in each trail is--the cove Goals for Minority Timetable Coals for Female Participation for Each Trade 8% _,- Each Trade 8% These goals are applic Part 60 c Opportunity GlauseT-speciffc ig named resulting be--performed. The- -minority-an421-ferna4e ern substantially h---of-the Contract;-anal--in--each-trade; ,arid-the CONT od-fa-ith-effort to The transfer of minority or female-employeesor trainees from CONTRACTOR to CONT the-Gon#act--floe-Executive Order-and the regulations-in-44-CFR--Part 601.—Compliance (3) The CONTRACTOR-s -previ4e-written--notifioatien-to the-Director-of 4he-Office-of Federal Contract-Compliance Programs-within-ten- (104-working d of-,any at any tier for_Censtrt etioon-wer4-ti er-the Contras-result+ t is solicitation- The-notification-shalt-listthe amount-of-thou and-sompletion dates-ef-the area---is City-of--Port-A Gounty Texas_ a.. Standard Feder. ldal . (Executive Order 41-246} (1) As (a)- Covered area"-means-the geographical-area described-in the-solicitation from-which-this (b) "Director means Director, Office of F Gemptiance Pcograms,Llnited States Department of Labor, or any person-to-whom the-Director delegates authority;(e) I•:-t2 y-Be ent--€oc-941. {d) -'' 4410-ri#y1-i+aGkfdes- oigin); (iii) Asian and Pacific #aving origins- aey of e-original-peoples-o€ peoples--e a-portion ally-irclude-in-eacl-Subsontractio applicable-goals-for.._minority--and--ferrule-participation-and• s-from -revultcd. (-2)--#-the-CO1 TRACT CFR 6&4.5) in a-l4ometown-flan —approved-by t o€ ed a either-individually-er-through an inthc Plan area{includinggeals participating-in the Plan. CONT -be or ontractor-participating-ir}an-approved-Plan isind+vidoatly-repuared4o-co ply-unith-its under the Plan in-eachtradein-whishithas employees. performance by-other trwvard--a goal-in an appr ar+-does-riot excu T e �take-goed-faitt efferts-to goats-arid-timetables: {4} The CONTRACTOR shall-implement-the specific a#irmative-action-standardeprovided--in ges- of the total hours-of reasonably be able-to-achieve-in ea it has--employees ir♦the where-they-do_not-have-a-federal or-federally-assist Contract rity anar.d .ale goats established for the-geographisa4 area where the-work--is--being-performed. Goals-are blished-periodically-in he-l=ederal-Register in--notice-form., and-such-notices-may.--be-obtained from--anyO#ice-of Federal Contract Compliance Programs e##ice-er--#rem--Federal Procurement -Contracting-Othcers:- The CONTRACTOR is expected-to-make-substantially-uniform progress-towarditsgoals-in-each era#-Eturrng-the--period-specified. -45)--Neither-the-previsions of any collective bargaining--agreement nor-the--failure-by a union with to refer either minorities or- --women--shall --excuse the -CONTRACTOR'S -obligations—under these Order 11216, or-the-regulations-promu4gated-pursuant thereto. f -3i meeting-the-goals, mutt be-employed by-theCONT RACTOR ng subject-te-t#e availability-of-employment-oppoftunities -Trainees-must-bo-trained-pursuant-te4raining (7) s based-upon its effort to achieve TRACTOR (a) Ensure and -and to each eonst -wait# facilities. -to -r s organic FACTOR or its unions-have- nities --repoo se&- #men o tte'fpet recru t was-RCA-referred-back to the CONTRAC red-,-not-employed-by the-CON-TRACTOR,this shall file ere,-along tional OR . Pr itten o€_ unions-with which-the-CONTRAC has-not referred to the CONT COAL referral-process-has-impeded-the (e) which expressly- i and upgrading._-pr rams-.-and ogra T nt•nccds, ams by -the---Department_-of Labor—The CONTRACTOR - of these-programs-to-the sources-eempiled--under 7b above. (f) Disseminate training-programsand--requesting-their-cooperation- in assisting the-CONTRACTOR in meeting its EEO agreement;-by--pubtieiz-ing-.it+n the r, annual-report, etc:;--by specific y- personnel and with all-minority-and female employees at a year;and by--posting-the-company-EEO policy on bu+letinboards 1:-31 1 pp y 1 _'withother r doing-business applications"for CONT process, fermi. under 11 CFR Part 60 3. --ta to ensure that the EEO policy and tho (n) Ensure of flry minority-and 1 -of associations. lea:t rvisors' performance fy35 --fbil#i g.tee- e action-ebli Tne-e#e#s-of-a CONTRACTOR association, i of other-similar -is p , makes has which-demonstrates Tf AC-TBR- (9) A single to rn+raerity-and be Executive Order if a partist exple (10) The CONTRACTOR shall not use the goals and timetables or affirmative action standards-tedissriminate-againstefaational engin: any--persen +r+ Order 1124 6. -(42) The CONTRACTOR shall-carry ca+cellatiene# -reay-be imposed or ordered pur Order 11246, as amended, and ens,,-by al Programs. Any CONTRACTOR-w notions and--penaltiesshalt1=xecutive-Order 11246, ac amended- action steps, at least- as its CONT-RAC y with the requirements of the Executive Order, the ' -these Specifications, --n 60-4.8. (14) The CONTRACTOR pleymeet ____.related y€-EO-policy-is-beingearried.out,to--submit-reports relating to the provisions4hereof asmay-be-r ired-by--t e reGerds" _— Q�ords_ the name, address, telephonernumber, %ed, social secs rity--number, race, -sex, status (e.g., mechanic, �-helper er laborer), dates-of-changes-in--status,-his worked-per week in the-indicated trade, rate of-pay-and the t:-16 the TRACT to maintain separate records. BUSINESS OPPORTUNITIES d. Section 3 clause as set forth in 24 CFR 135.20(b}: -(11�)-Th -weflE eject set-forth-+n•-24 CFR 1 agree-that-they ara Ai the -said -#is co itments applicantsr (4) The-CONT irr federal-financial-as -to-the &+bsentrast E?-37 wild fact unlesc the Su f i the egelations CFR 135 and a11--applisal3le entice-of -to 4s CONI_T sanctions 91. CIVIL RIGHTS ACT OF 1964 ___ Civil ee-pecsee-shall;_oe , selef; 92. SECTION 109-OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 — No-person in,the Unit ed-States-.shall-o ,-seler;-national-origin err sex-be preg er-activity it kinder-this-tittle- 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 or damage. 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 submitted to the CITY OF PORT ARTHUR for final approval or disapproval; and the action thereon by the CITY OF PORT ARTHUR 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 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, any work is found to be defective,CONTRACTOR shall promptly,without cost to OWNER and in accordance with the OWNER'S written instructions, correct such defective work. If CONTRACTOR does not promptly comply with such instructions, OWNER may have such defective work corrected and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. 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. FEDERAL LABOR STANDARDS PROVISIONS Seetion-intentienatIy-left blank- 98. 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, E-40 SECTION F SPECIFICATIONS GOVERNING CONSTRUCTION SPECIFICATIONS Item 98 Abandonment or Removal of Old Structures 2 page Item 104 Fine Grading and Seeding 3 pages Item 110 Exiting Utilities I page [tem 200 Structural Concrete 10 pages Item 201 Reinforcement Steel 5 pages [tern 455 Testing and Sterilization of Waterlines 2 page Item 500 Ductile Iron Pipe for Potable Water Lines 2 pages Item 600 Painting 3 pages Item 709 Resilient Seat Gate Valves 2 pages Item 1300 Submittals 4 pages Item 2000 Safety 3 pages End of Governing Construction Specification F-1 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 concrete unless 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 cut off 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. 98.04- 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. C;-P r,l,rthw-il f i.ALt A: :d t H F z;`f;pntr3Ct f,CCUment., AnaI t Ac,,,er t ne 9h t.neL,t1GCz 98 - 1of2 Maar SO 1AL JME3UHt FOLK, ITEM 98 -ABANDONMENT OR REMOVAL OF OLD STRUCTURES 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 to avoid 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. G-Port Arthur13621 DALLAS&4TH EST Contract Documents\Specs,9$-Abandonment of Removal of Oki Structures doex pir 98 -2of2 SCHAUMBUJRG POLK, ITEM 104 - FINE GRADING AND SEEDING 104.01 - DESCRIPTION This item shall provide for furnishing and planting seed of the kind specified along and across the areas disturbed within the construction site. These areas shall be seeded and erosion control devices installed, as per the contractors approved "Pollution Prevention Plan". (See "Special Conditions of Agreement"). This item also includes preparation of the ground (including fine grading); all required fertilizer, mulch and asphalt; and any erosion control fabric which may be required. The Contractor shall broadcast seed or hydro-mulch seed as directed by the Engineer. 104.02-MATERIALS & EQUIPMENT All seed used must meet the requirements of the Texas Seed Law including the labeling requirements for showing purity, germination, name, and type of seed. Seed furnished shall be of the previous season's crop and the date of analysis shown on each tag shall be within 9 months of the time of delivery to the project. Each variety of seed shall be furnished and delivered in separate bags or containers. A sample of each variety of seed shall be furnished for analysis and testing when directed by the Engineer. The seeds planted per acre shall be of the type specified with the mixture and rates as follows: Broadcast Seeding Bermuda Grass (hulled) 40 lbs. (Sandy Soils) Millet 50-80 lbs. Fertilizer (15-15-15) 500 lbs. Hydro-Mulch Bermuda Grass (hulled) 40 lbs. Millet 50-80 lbs. Fertilizer (15-15-15) 500 lbs. Cellulose Fiber Mulch 2000 lbs. The specified seed shall equal or exceed the following percentages for purity and germination: COMMON NAME SCIENTIFIC NAME PURITY GERMINATION Bahia Grass Pasphalum notatum 90% 80% Bermuda Grass Cynodon dactylon 95% 90% Green Sprangletop Leptochloa dubia 60% 50% 104.03-CONSTRUCTION METHODS A. General After the designated areas have been completed to the lines,grades,and cross-sections shown on the plans and as provided for in other items of this contract, seeding shall be performed as hereinafter described. All areas to be seeded shall be cultivated to a depth of at least 4 inches. The seed-bed shall be cultivated sufficiently to reduce the soil to a state of good tilth.The seed- bed shall be deemed in a state of good tilth when the soil particles on the surface are small enough and lie closely enough together to prevent the seed from being covered too deep for optimum germination. Cultivation of seed-bed will not be required in loose sand where depth of sand is four inches or more. B. Finish Grading Finish grading shall include all filling and the moving of all earth necessary to bring the above described area into accord with the grading plan indicated by the finish ground contours or 104 - 1of3 SPI SCHAUMBURG POLK, ITEM 104 - FINE GRADING AND SEEDING grades shown on the plans. Grading shall be such as to assure drainage away from structures and into the drainage channels indicated on the plans. Grading shall be done with selected materials as directed by the Engineer and the top soil of the finished graded area shall be good selected earth. Prior to final completion of the work, the Contractor shall refill and dress any areas which may have settled or washed away. C. Planting Season All planting shall be done between December 1 and May 1 except as specifically authorized in writing. D. Watering Water shall be used to moisten the seed-bed only for asphalt mulch seeding. E. Finishing The cross-section previously established shall be maintained throughout the process of cultivation, and any necessary reshaping shall be done prior to any planting of seed. F. Planting Seed The seed mixture specified shall be planted at the rate required and the application shall be made uniformly. If the sowing of seed is by hand, rather than by mechanical methods,the seed shall be sown in two directions at right angles to each other. Seed and fertilizer may be distributed at the same time provided the specified uniform rate of application for both is obtained. When seed and fertilizer are to be distributed as a water slurry, the mixture shall be applied to the area to be seeded within 30 minutes after all components are placed in the equipment. G. Covering The seed shall be covered according to the seeding method selected, as described below. All areas having a slope of 1% or greater shall be hydro-mulched. Areas having a slope less than 1% may be broadcast seeded, cultipacked, and fertilized. H. Broadcast Seeding After planting as in 104.05 above,the planted area shall be rolled with a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. I. Hydro-Mulch Hydro-mulch seeding shall be performed by persons experienced in performing such work. The mixture of seed,fertilizer, and cellulose mulch shall be uniformly applied to the prepared area(s). Growth in areas seeded by hydro-mulching shall be guaranteed. If necessary, reapplication for touch up shall be made 60 - 90 days after the original seeding. 104.0.4-TESTING & ACCEPTANCE Prior to final completion of the work,the Contractor shall refill and dress any areas which may have settled or washed away. Touch up of areas that have been hydro-mulched shall occur 60-90 days after the original seeding as needed. 104 - 2of3 3FI SCHAUMBURG POLK, ITEM 104 - FINE GRADING AND SEEDING 104.05- MEASUREMENT& 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. 104 - 3of3 SFI SCHAUUMBURG POLK, 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 - 1of1 II SCHAUMBURG POLK, 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 1. 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. 2. 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.) 1. 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. a. Portland Cement shall conform to ASTM C-150. b. Blended Hydraulic_Cement shall conform to ASTM C-595, excluding Type S and Type SA. c. Expansive Hydraulic Cement Type E-1 shall conform to ASTM C-845-76T. Mrip200 - 1 ITEM 200 - STRUCTURAL CONCRETE CLASSIFICATION TABLE Min. Min. Comp. Max. Water Cement Per Strength (psi) Content(1'6) C.Y. c',z> Gallons Slump Range Total Air Class - Type lbs. of of (in.) * Content(%) 7-day 28-day W lb r/ Water/ Lbs. Bags Cement Bag Cement A- Structural 2,000 3,000 0.55 6.25 494 5.25 2-1/2 to 4-1/2 2-1/2 to 4- 1/2 Asp - Structural (1 2,000 3,000 0.50 5.65 423 4.50 7 to 101') 3 to 5 B - Slope Protection 1,200 2,000 0.75 8.50 400 4.25 2-1/2 to 4 2-1/2 C - Pipe Blocking --- 1,500 0.97 11.00 282 3.00 3 to 5 3 to 6 D - Seal Slab --- --- --- --- 376 4.00 6 to 8 as needed E-Monolithic Sewer 2,000 3,000 0.55 6.25 564 6.00 4 to 6 3 to 5 F - Prestressed') --- 5,000 0.51 5.75 635 6.75 2 to 3 as needed G - Prestressed 15> --- 6,000 0.49 5.50 658 7.00 2 to 3 as needed K - Structuralo> 2,800 4,000 0.45 5.65 564 6.00 3-1/2 to 5 2-1/2 to 4- 1/2 Ksp - Structural (3) 2,800 4,000 0.45 5.00 517 5.50 7 to 10(4) 3 to 5 P - Paving 3,500 4,400 0.45 5.00 564 6.00 3 to 5 2-1/2 to 4- 1/2 650 t7> * All Slump Ranges +1/2 inch Tolerance. t t> Include in maximum water,free water in aggregate minus absorption of aggregate based on a 30-minute absorption period. (2) For concrete placed under water,minimum cement per cubic yard shall he 61 I pounds(6.5 bags). (3) A,and K.„to contain approved High Range Water Reducing(11RWR)Admixture. (4) Maximum 2-inch slump before additional HRWR Admixture. t'> For pre-stressed concrete,water reducing admixture may he used as needed. �'� 1!se approved water-reducing and retarding admixtures. Minimum flexural strength at 28 days. 6141 = i/ 200 - 2 p J ITEM 200 - STRUCTURAL CONCRETE 2. Water used in mixing concrete shall be clean and free from injurious amounts of oils, acids, alkalis, salts, organic materials, or other substances that may be deleterious to concrete or reinforcement. 3. Aggregate shall conform to ASTM C-33. Nominal maximum size of coarse aggregate shall not be larger than: (1) 1/5 the narrowest dimension between sides of forms, nor (2) 1/3 the depth of slabs, nor (3) 3/4 the minimum clear spacing between individual or bundles or reinforcing bars. 4. Fibermesh Reinforcement. Shall be 100 percent virgin polypropyline, fibrillated fibers containing no reprocessed olefin materials and specifically manufactured for use as concrete secondary reinforcement. Volume per cubic yard shall equal a minimum of 0.1%(1.5 pounds). 5. Admixtures(requiring prior approval of the Engineer)to be used in concrete shall be produced and serviced by established, reputable manufacturers and used in compliance with manufacturer's recommendations. a. Air-entraining Admixture shall conform to ASTM C-260,and when requested,certification attesting to compliance shall be furnished by the manufacturer. b. Water-reducing, Set Controlling Admixture shall conform to ASTM C-494 and when requested, a qualified concrete technician employed by the manufacturer shall be available to advise and assist in the use, proportioning and adjustment of concrete mix. c. Fly-ash or Other Pozzolans used as admixtures shall conform to ASTM C-618. 200.04- CONCRETE PROPORTIONING The Contractor shall be responsible for the design of concrete mixtures. Concrete shall be proportioned and produced to provide an average compressive strength as provided for herein.(f,= specified compressive strength of concrete). 1. Proportioning of concrete for the required f',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. 2. Proportions of materials for concrete shall conform to minimum cement content and maximum water content for various classes as shown on Classification Table. 3. Where different materials are to be used for different portions of the work, each combination shall be evaluated separately. 4. Concrete proportions, including water-cement ratio, shall be established on the basis of field experience, or laboratory trial batches, with materials to be employed, as required herein. 200 - 3 SPI ITEM 200 - STRUCTURAL CONCRETE 5. 1.5 lbs of fiber mesh per cubic yard of concrete, where noted for use on plans, shall be added to the mixer before placement. Fibermesh is required in all sidewalks. 6. Average Strength Reduction After sufficient test data become available from the job, methods of"Recommended Practice for Evaluation of Compression Test Results of Concrete (ACI 214-65)"may be used to reduce the amount by which the average strength must exceed f'c . (1) Probable frequency of strength tests more than 500 psi below f',will not exceed 1 in 100; (2) Probable frequency of an average of three consecutive strength tests below fc will not exceed 1 in 100, and; (3) Concrete Classification Requirements Table are met. 8. Evaluation and Acceptance of Concrete a. Frequency of Testing. Samples for strength tests of each class of concrete placed each day shall be taken not less than once a day, nor less than once for each 150 cubic yard of concrete, nor less than once for each 5000 sq. ft, of surface area for slabs or walls. On a given project, if total volume of concrete is such that frequency of testing required would provide less than five strength tests for a given class of concrete, tests shall be made from at least five randomly selected batches or from each batch if fewer than five batches are used. When total quantity of a given class of concrete is less than 50 cubic yards,strength tests may be waived by the Engineer if in his judgment adequate evidence of satisfactory strength is provided. Average strength of two cylinders from the same sample, tested at 28 days or the specified earlier age, is required for each strength test. b. Tests of Cured Specimens. Samples for strength tests shall be taken in accordance with "Method of Sampling Fresh Concrete" (ASTM C-172). Cylinders for strength tests shall be molded and laboratory-cured in accordance with "Method of Making and Curing Concrete Test Specimens in the Field"(ASTM C-31) and tested in accordance with "Method of Test for Compressive Strength of Cylindrical Concrete Specimens" (ASTM C-39). Strength level of an individual class of concrete shall be considered satisfactory if both of the following requirements are met: (1) The average of all sets of three consecutive strength tests equal or exceed required (2) No individual strength test(average of two cylinders)falls below required f,by more than 500 psi. =WO 200 -4 ITEM 200 - STRUCTURAL CONCRETE c. Investigation of Low-Strength Test Results. If any strength test of cured cylinders falls below required f', 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 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', and if no single core is less than seventy-five (75%) percent of f'c, To check testing accuracy, locations represented by erratic core strengths may be retested. If criteria above are not met, and if structural adequacy remains in doubt, the Engineer may order load tests for the questionable portion of the structure, or take other action appropriate to the circumstances. 200.05 - MIXING AND PLACING CONCRETE 1. Preparation Preparation before concrete placement shall include the following: (1) All equipment for mixing and transporting concrete shall be clean. (2) All debris and ice shall be removed from spaces to be occupied by concrete. (3) Forms shall be properly coated. (4) Masonry filler units that will be in contact with concrete shall be well drenched. (5) Reinforcement shall be thoroughly clean of ice or other deleterious coatings. (6) Water shall be removed from place of deposit before concrete in placed unless a tremie is to be used or unless otherwise permitted by the Engineer. (7) All laitance and other unsound material shall be removed before additional concrete is placed against hardened concrete. 2. Mixing All concrete shall be mixed until there is a uniform distribution of materials and shall be discharged completely before mixer is recharged. 200 - 5 SPI ITEM 200 - STRUCTURAL CONCRETE Ready-mixed concrete shall be mixed and delivered in accordance with requirements set forth in "Specification for Ready-Mixed Concrete" (ASTM C-94). Job-mixed concrete shall be mixed in accordance with the following: (1) Mixing shall be done in a batch mixer of approved type. (2) Mixer shall be rotated at a speed recommended by the manufacturer. (3) Mixing shall be continued for at least 1-1/2 minutes after all materials are in the drum, unless a shorter time is shown to be satisfactory by the mixing uniformity tests of "Specification for Ready-Mixed Concrete" (ASTM C-94). 3. Conveying Concrete shall be conveyed from mixer to place of final deposit by methods that will prevent separation or loss of materials. Conveying equipment shall be capable of providing a supply of concrete at site of placement without separation of ingredients and without interruptions sufficient to permit loss of plasticity between successive increments. 4. Depositing Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. Concreting shall be carried on at such a rate that concrete is at all times plastic and flows readily into spaces between reinforcement. Concrete that has partially hardened or been contaminated by foreign materials shall not be deposited in the structure. Retempered concrete or concrete that has been remixed after initial set shall not be used unless approved by the Engineer. After concreting is started, it shall be carried on as a continuous operation until placing of a panel or section, as defined by its boundaries or predetermined joints, is completed except as permitted or prohibited by Item 200.07,4. Top surfaced of vertically formed lifts shall be generally level. When construction joints are required,joints shall be made in accordance with Item 200.07.4. All concrete shall be thoroughly consolidated by suitable means during placement and shall be thoroughly worked around reinforcement and embedded fixtures and into corners of forms. 200.06 CURING 1. Concrete (other than high-early-strength) shall be maintained above 50° F and in a moist condition for at least the first seven (7)days after placement,except when cured in accordance with 200.06.3. 200 - 6 III ITEM 200 - STRUCTURAL CONCRETE 2. High-early strength concrete shall be maintained above 50° F and in a moist condition for at least the first three (3) days, except when cured in accordance with 200.06.3. 3. Accelerated Curing a. Curing by high pressure steam, steam at atmospheric pressure, heat and moisture, or other accepted process, may be employed to accelerate strength gain and reduce time of curing, with prior approval of the Engineer. b. Accelerated curing shall provide a compressive strength of the concrete at the load stage considered at least equal to required design strength at that load stage. c. Curing process shall be such as to produce concrete with a curability at least equivalent to the curing method of 200.06.1 or 200.06.2. d. Supplementary strength tests may be required to assure that curing is satisfactory. The Engineer may require strength tests of cylinders cured under field conditions to check adequacy of curing and protection of concrete in the structure. 4. Cold Weather Requirements a. Adequate equipment shall be provided for heating concrete materials and protecting concrete during freezing or near-freezing weather. b. All concrete materials and all reinforcement,forms fillers, and ground with which concrete is to come in contact shall be free form frost. c. Frozen materials or materials containing ice shall not be used. 5. Hot Weather Requirements During hot weather, proper attention shall be given to ingredients, production methods, handling, placing, protection,and curing to prevent excessive concrete temperatures or water evaporation that may impair required strength or serviceability of the member or structure. 200.07- FORMWORK AND CONSTRUCTION JOINTS 1. Design -Contractor shall be solely responsible for the form design for the anticipated work. a. Forms shall result in a final structure that conforms to shapes, lines, and dimensions of the members as required by the design drawings and specifications. b. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. c. Forms shall be properly braced or tied together to maintain position and shape. d. Forms and their supports shall be designed so as not to damage previously placed structure. e. Design of formwork shall include consideration of the following factors: (1) Rate and method of placing concrete; 200 - 7 ■ ITEM 200 - STRUCTURAL CONCRETE (2) Construction loads, including vertical, horizontal, and impact loads; (3) Special form requirements for construction of shells, folded plates, domes, architectural concrete, or similar types of elements. f. Forms for prestressed concrete members shall be designed and constructed to permit movement of the member without damage during application of prestressing force. 2. Removal of Forms a. No construction loads shall be supported on, nor any shoring removed from any part of the structure under construction except when that portion of the structure(in combination with remaining forming and shoring system) has sufficient strength to support safely its weight and loads placed thereon. Sufficient strength may be demonstrated by field-cured test cylinders and by a structural analysis considering proposed loads in relation to field-cured cylinder strengths and strength of the forming and shoring system. Such analysis and strength test data shall be furnished by the Contractor to the Engineer when so required. b. No construction loads exceeding combination of superimposed dead load plus specified live load shall be supported on any unshored portion of the structure under construction, unless analysis indicates adequate strength to support such additional loads. c. Forms shall be removed in such manner as not to impair safety and serviceability of the structure. All concrete to be exposed by form removal shall have sufficient strength not to be damaged thereby. d. Form supports for prestressed concrete members may be removed when sufficient prestressing has been applied to enable prestressed members to carry their dead load and anticipated construction loads. e. Forms will remain in place a minimum of 72 hours for all conditions except in the following case: Concrete subject to high bending stress and wholly(or almost wholly)reliant on forms for vertical support. Examples: Roof or floor slabs and beams; undersides of sloping surfaces (flatter than 1 :1); walkways and platforms: bridge decks and girders. Forms will remain in place a minimum of 4-1/2 days in those areas where no immediate superimposed loading will occur and a minimum of 10 days at all other areas. f. The early removal of forms (except as noted above) to facilitate the normal progress of work will be permitted only be approval of the Engineer, and in no case less than 24 hours. 3. Conduits and Pipes Embedded in Concrete a. Conduits, pipes and sleeves of any material not harmful to concrete may be embedded in concrete with approval of the Engineer, provided they are not considered to replace structurally the displaced concrete. 200 - 8 SPI ITEM 200 - STRUCTURAL CONCRETE b. Except when plans for conduits and pipes are approved by the Structural Engineer, conduits and pipes embedded within a slab, wall, or beam (other than those merely passing through) shall satisfy the following: (1) They shall not be larger in outside dimension than 1/3 the overall thickness of lab, wall, or beam in which they are embedded. (2) They shall not be spaced closer than 3 diameters or widths on center. (3) They shall not impair significantly the strength of the construction. (4) Concrete cover for pipes and fittings shall not be less than one and one-half(1-1/2") inches for concrete exposed to earth or weather, nor three-fourths (3/4") inches for concrete not exposed to weather or in contact with ground. 4. Construction Joints a. Where a construction joint is to be made, the surface of concrete shall be thoroughly cleaned and all laitance and standing water removed. b. Vertical construction joints shall be thoroughly wetted and coated with neat cement grout immediately before new concrete placement. c. Construction joints not indicated on the design drawings shall be so made and located as not to impair significantly the strength of the structure. d. Construction joints in floors shall be located near the middle of spans of slabs, beams,or girders, unless a beam intersects a girder at the middle location, in which case joints in the girders shall be offset a distance equal to twice the width of the beam. Provision shall be made for transfer of shear and other forces through construction joints. e. Beams,girders, or slabs supported by columns or walls shall not be cast or erected until concrete in the vertical support members is no longer plastic. f. Beams, girders, column capitals, and haunches shall be considered as part of a slab system and shall be placed monolithically therewith. g. Structures containing liquids shall have all exterior walls and bottom slab joints constructed with water stops and/or seals. When prevention of contamination and/or control of leakage is necessary at exterior or interior wall/slab, water stops and/or seals shall be provided at joints. h. Horizontal joints in walls less than twelve feet high are not to be located for contraction or expansion, but for construction only. Such horizontal wall joints shall be minimal and as approved by the Engineer only. Triangular fillet seals should be made on liquid-face when leakage control is necessary. Vertical joints in walls shall be located at points of no shear. Joints shall be constructed with water-stops and fillet seals where control of leakage is required. � r 200 - 9 ITEM 200 - STRUCTURAL CONCRETE j. Where slabs are cast in two separate lifts,joints are to be staggered. All joints shall be located at positions of no shear. k. Longitudinal keys at least one and one-half(1-1/2") inches deep shall be provided in all joints in walls and between walls and slabs or footings. I. When joints are not indicated on plans, Contractor shall supply shop drawings clearly indicating all joints in any part of the structures, sequence of pours and time lapse for control of shrinking,for approval by the Engineer. No intermediate joints will be allowed other than those on the approved shop drawings without the express approval of the Engineer. 200.08 - PATCHING AND SURFACE FINISH After forms are removed,the Contractor shall remove all concrete fins,projections and form ties. All surfaces which will remain exposed will be inspected by the Engineer and all voids, stone pockets, tie holes, honeycombed and defective areas shall be patched as directed. The patching mortar shall be sand-cement grout with sufficient white Portland Cement added to effect a match with the concrete surfaces. Areas to be patched shall be clean,free of loose material and dampened before applying grout. The patched areas shall be rubbed before the grout is set hard to blend into adjacent areas. Rub-Finish exposed vertical and battered surfaces from 6-inches below ground surface or from 6- inches below normal water level to top,except for small plinths and similar structures which extend less than 12 inches above finished grade, 200.09 - DEFECTIVE WORK The following defects shall be cause for rejection of placed concrete: 1. Voids, rock pockets, honeycombing, and 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. 2. Uneven or bulged surfaces resulting from shifting of the forms during placement or curing. 3. Concrete found structurally inadequate after thorough investigation according to Item 200.04.8, Subsections a through c. Upon discovery of any of these defects, the Engineer may declare the structure defective and require the Contractor to remove and replace the portion of the structure affected, at the Contractor's expense. 200 - 10 SF' 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. specified to be welded is indicated on the drawings. Reinforcement of the ASTM steel, except for ASTM A-706, shall require a report of material properties conforming to "Reinforcing Steel Welding Code" (AWS D12.1) of the American Welding Society. 201.02 - MATERIALS 1. Deformed Reinforcement a. Deformed reinforcing bars shall conform to one of the following specifications, except as provided in Section 1.b below. (1) "Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement" (ASTM A-615), Grade 60. (2) "Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-616), Grade 60. (3) "Specification for Axle-Steel Deformed and Plain Bars for Concrete Reinforcement" (ASTM A-617), Grade 60. (4) "Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement" (ASTM A-706). b. Deformed reinforcing bars shall conform to the following exceptions to the ASTM specifications listed in Section 1.a. above. (1) For ASTM A-615,and A-617, yield strength shall correspond to that determined by tests on full size bars. (2) For ASTM A-615, A-616, and A-617, bend test requirements for all bar sizes #3 through#11 shall be based upon 180 deg. bends of full-size bars around pins with diameters specified in Table 1. If#14 or#18 bars meeting these specifications are to be bent, full-size bar specimens shall be bend tested 90 deg. at a minimum temperature of 60° F around a 9db pin without cracking of the bar. However, if#14 and #18 bars as used in the structure are required to have bends exceeding 90 deg., specimens shall be bend tested 180 deg. with other criteria the same as for 90 deg. 201 - 1 Marily ITEM 201 - REINFORCEMENT STEEL TABLE 1 BEND TEST REQUIREMENTS Bar Designation Pin Diameter for Bend Test #3, #4, and #5 3-1/2db #6, #7, and#8 5db #9, #10, and#11 7db #9, #10, and #11 5db (of Grade 40) c. Bar and rod mats for concrete reinforcement shall conform to "Specification for Fabricated Deformed Steel Bar Mats for Concrete Reinforcement" (ASTM A-184). d. Deformed wire for concrete reinforcement shall conform to"Specification for Deformed Steel Wire for Concrete Reinforcement" (ASTM A-496). e. Welded deformed wire fabric for concrete reinforcement shall conform to "Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement" (ASTM A-497). 2. Plain Reinforcement a. Plain bars for spiral reinforcement shall conform to the specification listed in Section 1.a. (1), (2), or (3) including additional requirements of Section 1.b. b. Smooth wire for spiral reinforcement shall conform to"Specification for Cold-Drawn Steel Wire for Concrete Reinforcement"ASTM A-82). c. Welded smooth wire fabric for concrete reinforcement shall conform to"Specification for Welded Steel Wire Fabric for Concrete Reinforcement" (ASTM A-185). 3. Prestressing Tendons a. Wire, strands, and bars for tendons in prestressed concrete shall conform to one of the following specifications: (1) "Specification for Uncoated Stress-Relieved Wire for Prestressed Concrete"(ASTM A-421). (2) "Specification for Uncoated Seven-Wire Stress-Relieved Strand for Prestressed Concrete" (ASTM A-416). (3) "Specification for Uncoated High-Strength Steel Bar for Prestressing Concrete" (ASTM A-722). 201 - 2 SPI ITEM 201 - REINFORCEMENT STEEL b. Wire, strands, and bars not specifically listed in ASTM A-421, A-416, or A-722 may be used provided they conform to minimum requirements of these specifications and do not have properties that make them less satisfactory than those listed in ASTM A-421, A- 416, or A-722. 4. Structural Steel, Steel Pipe, or Tubing a. Structural steel shall conform to one of the following specifications: (1) "Specification for Structural Steel" (ASTM A-36). (2) "Specification for High-Strength Low-Alloy Structural Steel" (ASTM A-242). (3) "Specification for High-Strength Low-Alloy Structural Manganese Vanadium Steel" (ASTM A-441). (4) "Specification for High-Strength Low-Alloy Columbium-Vanadium Steels of Structural Quality" (ASTM A-572), Grade 60. (5) "Specification for High-Strength Low-Alloy Structural Steel with 50,000 psi Minimum Yield Point to 4 in. Thick" (ASTM A-588). b. Steel pipe or tubing shall conform to one of the following specifications: (1) Grade B of "Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless" (ASTM A-53). (2) "Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes" (ASTM A-500), Grade B. (3) "Specification for Hot-Formed Welded and Seamless Carbon Steel Structural Tubing" (ASTM A-501). 201.03 - SIZES AND WEIGHTS The nominal sizes and areas, and the theoretical weights of deformed bars shall not be less than the current standard of the Concrete Reinforcing Steel Institute. 201.04 - BENDING Bending of deformed reinforcement bars shall conform to Section 7.3- Bending of ACI 318 latest version. Reinforcement bars shall be bent cold to the shapes indicated on the plans.All bending of hard grade new billet and rail steel bars shall be done in the shop;other grades shall preferably be bent in the shop. Bends shall be made around pins; the diameter of pins shall be not less than four (4) times the minimum thickness of the bar. Heating for bending shall be employed only when authorized specifically. 201.05 - STORAGE Reinforcement shall be stored above the ground surface upon skids, platforms, or other supports. and shall be protected from mechanical injury and from deterioration by exposure to the weather. When placed in the work, the reinforcement shall be free from dirt, loose rust, scale, paint, oil, or other foreign material. 201 - 3 Miry ITEM 201 - REINFORCEMENT STEEL 201.06 -SPLICES Splices of deformed reinforcement bars shall conform to Section 12.14-Splices of Reinforcement of ACI 318 latest version. No splices of bars, except when shown on the plans, will be permitted except upon the written approval of the Engineer. Splices which are permitted shall have a length of not less than that required by the ACI Code,and shall be well distributed or else located at points of low tensile stress. The spacing between bars shall meet the recommendation of the ACI Code for anchorage bond and placing concrete. Where welded splices may be required, they shall conform to AWS D 12.1 "Recommended Practices for Welding Reinforcing Steel, Metal Inserts and Connections in Reinforced Concrete Construction." Welded splices shall develop in tension at least 125% percent of the specified yield strength of the reinforcing bar. Splices shall transfer the entire computed stress from bar to bar without exceeding three-fourths of the permissible bond. Welded wire fabric shall be lapped not less than two mesh, i.e., the length of the lap shall be at least equal to the spacing of wires parallel to the lap. Bars shall be rigidly clamped or wired at all splices in a manner approved by the Engineer. 201.07 -REJECTION Reinforcement may be rejected for failure to meet any of the requirements of this specification on account of any of the following: 1. Reinforcement exceeding the allowable variations in size or weight. 2. Reinforcement with bends not in conformity with the details. 3. Reinforcement with a coating of dirt, loose rust, scale, paint, oil, or other foreign substance at time of placing in the work. 4. Twisted bars. 201.08 - DETAILING 1. Completely detailed shop drawings and schedules shall be submitted by the Contractor for approval of the Engineer in accordance with requirements specified for working drawings. 2. The bars shall be supplied in lengths which will allow them to be conveniently placed in the work and provide sufficient lap at joints. Dowels of proper length, size, and shape shall be provided for tying walls, beams, floors, and the like together where shown, specified, or ordered. 3. Steel reinforcement shall be of the type and size, cut to lengths, and bent to shape as indicated on the plans. Where dimensions of hooks are not shown, the diameter of the hook shall equal six (6)times the bar diameter for bar sizes#3 through #8 and 8 times for#9, #10 and #11, with a straight length of bar at the end of the hook equal to four (4) times the bar diameter, or 2-1/2" minimum, whichever is greater. 201.09 - PLACING REINFORCEMENT 201 - 4 ITEM 201 - REINFORCEMENT STEEL 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 requi red 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. • !Warr 201 - 5 ITEM 455 -TESTING AND STERILIZATION OF WATER LINES 455.01 -GENERAL This specification provides for pressure testing and sterilization of completed water lines prior to placing them in service. 455.02 - PROCEDURE The flushing, checking, chlorinating, sampling, and testing of the completed line shall be done in the following sequence: A. Flush line properly through valve or other opening at dead end. Area of opening should be no less than one-fourth (1/4) area of pipe being flushed. B. Chlorinate line. Pressure drop and flow should be away from point of chlorination and should be toward dead end (open) of line, not toward Owners connection. Chlorination shall be in accordance with AWWA Specification C651- Latest Edition. C. Make specified pressure test using potable water through a direct connection to pump suction. D. Make bacteriological test before and after pressure test. E. Installation, disinfection, and testing shall meet the requirements of the "Rules and Regulations for Public Water Systems" adopted by the Texas Commission on Environmental Quality. In case of line failure where a joint or portion of a joint of pipe has to be replaced, that section of line should be isolated by closing adjacent line valves, open line kept free of foreign matter, repairs made and HTH used liberally, then flushed out at the nearest hydrant. In extreme cases of failure, the Contractor may be required to repeat the entire chlorination procedure. Unless other provisions have been made only a representative of the Owner may open and close existing valves. 455.03 - PRESSURE TESTING After the pipe has been laid and backfilled as specified, all newly laid pipe shall be subjected to a hydrostatic pressure of 150 pounds per square inch. Water for testing shall be furnished by the Owner, unless otherwise noted, at the nearest approved connection. The duration of each pressure test shall be two (2) hours. Contractor shall be required to pre test all line sections to check for leaks and failures prior to final test witnessed by the Engineer. Contractor shall make all necessary repairs to allow for proper testing. Any line section that fails the final test witnessed by the Engineer shall be charged $500.00 each per test in liquidated damages to cover costs to witness the retest. 455.04- PRESSURE TEST PROCEDURE The Contractor shall, after backfilling or partially backfilling all newly laid pipe, slowly fill the lines with water, expelling all air. The Contractor shall use all available outlets to accomplish this, such as hydrants, air relief valves, and taps when specified. Should additional taps be needed to vent the air from high points in the line, they shall be installed by the Contractor at no additional expense to the owner. The Contractor shall install certified gauges on the line being tested at spacing not to exceed 2,000 feet and at the end of the test section. The water under pressure (10 to 50 psi) shall be allowed to stand for a period of not less than 24 hours to allow absorption by the cement lining of the metal pipe before applying the pressure 455 - 1 of2 Wy ra SCHAUMBURG POLK, ITEM 455 - TESTING AND STERILIZATION OF WATER LINES test. During this period, the bulkheads, valves, manholes, and connections shall be examined for leaks and any found shall be sealed. A test pressure of not less than 150 psi shall be applied to valved or bulkheaded sections by means of a hand pump or small power pump. The Contractor shall furnish, install, and operate at his own expense the necessary connection, pumps, meters, and gauges necessary for filling the line and performing the test, The water necessary to maintain the test pressure shall be measured through a meter or other means satisfactory to the Engineer. 455.05 -ALLOWABLE LEAKAGE No pipe installation will be accepted until the leakage is within the values allows by the AWWA standard for the installed pipe material. Ductile Iron: AWWA C600 PVC: AWWA C605 HDPE: Monitored Water Make-up Test by the Plastic Pipe Institute, Inc. The leakage shall be considered the amount of water entering the pipe line during the test, less the measured leakage through valves or bulkheads. 455.06 -STERILIZATION When repairs are made to existing mains or when new main extensions are provided, the Contractor must disinfect the lines by using enough chlorine or chlorine compounds to fill the 50 m chlorine. After the appurtenances with water containing repaired or new mains and PP water containing this amount of chlorine (which is greater than that normally present in drinking water) has been in contact with the pipe and appurtenances at least 24 hours, the water shall be replaced with water to be transported normally. Samples of normal water from the new or repaired main shall be submitted to laboratories for bacteriological examination to be assured that the disinfection procedure was effective. All pipeline disinfection shall be performed in strict accordance with AWWA C-651. 455.07- PAYMENT No separate payment will be made for testing and sterilizing water lines. Payment for testing and sterilization shall be included in the unit price of the line construction or repair. 455 - 2of2 SPI CF-1AUME:31 iRt POL.K, ITEM 500-DUCTILE IRON PIPE FOR POTABLE WATER LINES 500.01 -GENERAL Furnish ductile iron pipe and fittings of size(s) shown on the Plans. This item governs materials, fittings and incidentals required for the joining and bedding of pipe type for use in water distribution system. 500.02-MATERIALS A. Pipe. Manufactured and tested in accordance with AWWA C151/ANSI A21.51. Unless otherwise noted on Plans, pipe shall be minimum Pressure Class 250. B. Fittings. Fittings shall be manufactured and tested in accordance with AWWA C110/ANSI A21.10. C. Joints. Joints shall be one of the following types or as shown on the plans: 1. Bell and spigot with confined elastomeric gasket (AWWA C-111/ANSI A21.11). 2. Mechanical joint (AWWA C-111/ANSI 21.11). 3. Flanged joint (AWWA C-115). D. Restrained Joints. Use one of three restraint methods. 1. Use mechanical joints at fittings. The mechanical joint restraint device shall be designed to fit standard mechanical joint bells with standard T head bolts conforming to ANSI/AWWA C111/A21.11 and ANSI/AWWA C153/A21.53 of latest revision. Glands shall be manufactured of ductile iron conforming to ASTM A 536-80 grade 60-42-10. 2. Manufactured restrained joint such as American Ductile Iron Pipe "Flex-Ring" or "Lok- Ring" joints. 3. Mechanical restraint system such as Megalug manufactured by EBAA Iron Sales, Inc. or equal. Joint restraint ring and its wedging components shall be made of grade 60-42-10 ductile iron conforming to ASTM A536-84. Wedges to be ductile iron heat treated to a minimum hardness of 370 BHN. Set screws shall be of hardened ductile iron and require the same torque in all sizes. Steel set screws are not permitted. E. Lining The material used for lining the pipe and fittings must have a successful history of protecting pipe lines in potable water service. Lining to be one of the types specified below. F. Cement - Mortar Lining with seal coat. Cement - mortar lining shall be ANSI/NSF 61 approved and shall conform to ANSI/AWWA C104/A21.4 Standards for Cement - Mortar Lining for Ductile- Iron Pipe and Fittings for Water. G. Fusion - Bonded Epoxy Lining. Fusion - Bonded Epoxy Lining shall be ANSI/NSF 61 approved and shall conform to ANSI/AWWA C116/A21.16 Standards for Protective Fusion - Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile - Iron and Gray-Iron Fittings for Water Supply Service. Fusion - Bonded Epoxy Linings shall be recoatable for repair of damaged lining. H. Coating for Underground Pipe: Exterior of pipe shall be bituminous coating in accordance with ASTM A746. Provide polyethylene encasement, for burial installation, minimum of eight (8) mil thickness in accordance with AWWA C105. For Aboveground Pipe: Pipe shall be shop primed and painted per Item 600. 500.03 - INSTALLATION. A. Trenching, To be in accordance with applicable underground piping technical specification contained herein. 500 -1 of 2 Wear SCHAl1MBLIF1G POLK, ITEM 500-DUCTILE IRON PIPE FOR POTABLE WATER LINES 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. 500.04- MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with the Bid Proposal. MuMar 500 -2 of 2 `_I F(At 1MBLUF (1 ruL K ITEM 600 - PAINTING 600.01 -GENERAL A. This specification covers surface preparation, performance, and completion of painting and finishing of all exterior and interior surfaces as required by the drawings and as specified herein. B. All materials delivered to the job site shall be in original sealed and labeled containers of the paint manufacturer. C. Coatings shall be applied during good painting weather. Air and surface temperatures shall be within limits prescribed by the manufacturer for the coating being applied, and work areas shall be reasonably free of airborne dust at the time of application and while coating is drying. 600.02 - MATERIALS A. All Materials provided for herein shall be as manufactured by one or more of the following: The Sherwin-Williams, Tnemec Co., International Paint LLC or Carboline. B. Equivalent materials of other manufacturers may be submitted for pre- approval of the Engineer. Requests for substitution shall include manufacturer's literature for each product giving the name, generic type, descriptive information, solids by volume, and recommended dry film thickness. No request for substitution shall be considered that would decrease film thickness and/or number of coats or offers a change in the general type of coating specified. C. Colors, where not specified, shall be selected by the Owner. D. All coats of paint for any particular surface shall be from the same manufacturer 600.03 -SUBMITTALS A. After award of the contract, and before delivery of any paint materials to the job site, the Contractor shall submit to the Engineer a complete list of all materials proposed to be furnished and installed under this portion of the work. This shall in no way be construed as permitting substitution of materials for those specified or approved for this work by the Engineer. B. The Contractor shall submit to the Engineer two copies of the full range of colors available in each of the proposed products. C. When required by the Engineer, the Contractor shall prepare and deliver to the Engineer two identical sets of samples of the selected colors painted into 8-1/2 inch x 11-inch pieces of material. Whenever possible, the material for samples shall be the same material as that which the coating will be applied to in the work. 600.04 - SURFACE PREPARATION A. All surfaces to be painted shall have all contaminants removed that will interfere with the full development of adhesion of the coating system. B. The method of surface preparation shall be as indicated below, depending upon the type and concentration of contaminants and the specific requirements of the coating system being used. 1. Ferrous Metal a. Submerged Surfaces - Shop and/or Field Cleaning: SP-10 Near-White Blast Cleaning 600 - 1 of 3 WriraFr SCHAUMf 1HG POLK, ITEM 600 - PAINTING b. Non-Submerged Surfaces: Shop and/or Field Cleaning: SP-6 Commercial Blast Clean; SP-1 and SP-2 Solvent and Hand Tool Clean 2. Non-Ferrous and Galvanized Metal - SP-1 Solvent Cleaning 3. Masonry Surfaces- Pressure wash masonry and wood surfaces to remove all dirt and loose paint. 600.05 -APPLICATION A. Materials shall be mixed, thinned, and applied according to the manufacturer's printed instructions. B. Each coat shall be allowed to dry as prescribed in the manufacturer's technical data sheet prior to application of the succeeding coat. C. All work shall be cut in neatly, and finish coats shall be uniform in color and texture without streaks, laps, heavy build-ups, runs, sags, or missed areas. 600.06 FIELD PAINTING A. All painting at the site of the work is hereby defined as field painting and shall be under the direction of the Engineer to the extent that he shall determine where and when painting may be done. All surfaces to be painted shall have their readiness for painting approved by the Engineer before work is started. Surfaces of exposed members inaccessible after erection shall be cleaned and painted prior to erection. B. Before final acceptance of the project, any damaged paint surfaces shall be touched up or repainted, as directed by the Engineer. 600_07.-DRY FILM THICKNESS - (DFT) A. The Contractor shall apply all coatings to the dry film thickness indicated in Item 600.08 below. B. The contractor shall provide and make available to the Engineer a dry film thickness gauge to prove the dry film thickness of the paint applied. 600 - 2of3 1 SCHAUMBURG POLK, ITEM 600 - PAINTING 600.08 - PAINTING SCHEDULE A. Exterior Steel - Structural, Tanks, Piping, and Equipment- Non-Immersion 1. Zinc/Epoxy/Urethane 1st Coat: Inorganic Zinc Primer 3.0 - 5.0 mils DFT 2nd_Coat:: Epoxy Primer 4.0 - 6.0 mils DFT 3rd Coat: Polyurethane 3.0 - 6.0 mils DFT 2. Epoxy/Urethane 1y1 Coat: Polyamide Epoxy 4.0 - 6.0 mils DFT 2"d Coat: Polyurethane 3.0 - 6.0 mils DFT B. Concrete Masonry Units and Porous Masonry Latex Block Filler/Acrylic/Acrylic 1s' Coat: Latex Block Filler 10 - 18 mils DFT 2"d Coat:: Water-based Acrylic 2.5 - 4.0 mils DFT 3rd Coat: Water-based Acrylic 2.5 -4.0 mils DFT C. Wood Surfaces - Exterior 1 y' Coat: Exterior Oil Wood Primer 2.0 - 3.0 mils DFT 2nd Coat: Alkyd Enamel 2.0 - 4.0 mils DFT 600 - 3of3 SPI SCHALIMBURG POLK, ITEM 709 - RESILIENT SEAT GATE VALVES 709.01 - GENERAL Gate valves shall conform strictly to the requirements of American Water Works Association Standard for Resilient Seat Gate Valves for Water Supply Service, C515, latest revision, including changes and additions specifically stated Gate valves shall be of the single-disc design, in which the disc is lowered into the valve body and seats against the body through a resilient seat.The seat may be attached to the disc or to the body, and shall be firmly bonded or mechanically attached.The disc shall be fitted at the top with a heavy bronze or corrosion resisting stem nut, threaded to accept the value stem. 709.02-SUBMITTALS The following information shall be provided for all valves for installation on the project. Each valve shall be clearly identified with mark, size,type, location, quantity,etc.as required to facilitate review of the submittal. Three copies of instructions, parts manual, spare parts list, maintenance procedures and ship drawings showing dimensions, weight and material specifications of each size and type of valve shall be submitted for approval by the Engineer. 709.03 - MANUFACTURER Valves furnished under these specifications shall be American Flow Control AFC-2500 or approved equivalent. 709.04-TESTING AND OPERATING PROCEDURES All parts of the gate valve shall be designed to withstand safely and without permanent deformation the following stresses: 1. Internal test pressure of 500 psi, with valve open. 2. Combination of following stresses occurring simultaneously: a. Internal Pressure of 250 psi; and b. Moving of the gate under fully unbalanced service pressure from the fully closed position to the fully open position and back again, using flows from either direction successively. Further,the valve body and the internal parts of all valves shall be so constructed as to develop full strength of the valve to the point of failure, in moving the valve gate in either direction from the fully open position to the fully closed position under full service pressure, without rupture or permanent deformation of any other part. The gate valve shall show no measurable leakage in the fully closed position in the 200 psi test. 709.05 -VALVE CONSTRUCTION 1. Valves shall open counterclockwise with stationary non-rising stem,and shall be designed for opening with a portable wrench. Above grade valves shall contain a handwheel, below grade shall be square nut operators. 2. Operating nut shall be two (2") inches square, with required operating torque of not over 200 ft.-lb for 3" and 4" valves, or 300 ft.-lb for 6" thru 12" valves. 3. Stem shall be made of bronze with yield strength of not less than 32,000 psi and an elongation of not less than fifteen (15%) percent. The stem collar shall be integral with the stem. 709- 1 of 2 EFI SCHAUMBURG' POLK, ITEM 709 - RESILIENT SEAT GATE VALVES 4. The waterway through the valve shall be not less than the nominal valve diameter. 5. All valves shall be manufactured with mechanical joints, flanged joints, or push on joints as specified in plans. 6. The body, bonnet, gate, wrench nut, and other parts specified shall be cast from ductile iron. 7. Valve stems, stem collars, and stem nuts shall be cast or forged from manganese bronze, or low Zinc material with the following minimum properties: Yield Strength Bronze 32,000 psi Zinc 40,000 psi 8. The bronze alloy used for seat rings and other miscellaneous parts shall have a yield strength of at least 14,000 psi and an elongation of not less than fifteen (15%) percent. 9. Gaskets shall be non-corrosive. 10. Elastomers shall be resistant to deterioration from biological organisms, ozone, and copper. 11. The manufacturer shall supply certified reports stating that the materials used in the gate valves conform to this Specification and the latest AWWA C-515 Specification. 12. Packing may be conventional stuffing box or "0" ring stuffing box. 13. All parts of valves shall be interchangeable with valves of like make previously manufactured. 14. Valves shall not contain gears. 15. Body of valves shall have minimum shell per AWWA C515. 16. The direction in which the operating nut is turned for opening shall be cast into the bonnet or bonnet cover. The operating nut shall be color coded black for counterclockwise opening or red for clockwise opening. 17. Tapping valves shall meet the same specifications as ordinary gate valves of the same size. 18. All necessary bolts, glands, and gaskets for complete installation of each valve shall be supplied with each valve and shall conform to AWWA Standard Specifications C-111. They shall be shipped and stored in such a manner as to prevent rusting or damage before installation. 19. Minimum number of turns required to move gate from fully open to fully closed position shall be three turns per inch of nominal diameter. 709.06-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. MilliFr 709 -2 of 2 SCHAUMBURG POLK, TN- ITEM 1300-SUBMITTALS 1300.01 -SUBMITTAL PROCEDURES A, Provide a Schedule of Submittals. B. Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. C. No work shall be started and no materials shall be furnished until the Engineer has approved the submittals for that work or materials. D. Unless otherwise noted, Contractor shall provide either a minimum of six hard copies or a minimum of two hard copies and an electronic version. Three hard copies will be retained by Engineer if no electronic version is submitted. Two hard copies will be retained by Engineer if an electronic version is submitted. E. Each submittal shall identify the relevant specification. F. Each submittal shall be dated, and shall show on the label the Project, Contractor, Subcontractor or supplier, the equipment or materials, and location where they are to be installed. G. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. H. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission of related items. I. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. J. Provide space for Contractor and Engineer review stamps. The Engineer will promptly review each manual submitted, noting necessary corrections and revisions. K. Revise and resubmit submittals as required until it is acceptable to the Engineer as being in conformance with their design concept of the project and in compliance with information given in the Contract Documents. Each resubmittal shall identify all changes made since previous submittal. The Owner may assess the Contractor a charge for reviews of same items in excess of three (3) times. Such procedure shall not be considered cause for delay. L. Acceptance of any submittal by the Engineer does not relieve the Contractor of any requirements of terms of the Contract. M. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1300.02-SCHEDULE OF VALUES Submit a preliminary schedule of values for all of the work, including quantities and prices of items, within ten days of the effective date of the contract. The total value of all work and equipment should equal the Contract Price. Work and equipment items should be numbered in accordance with the Bid Proposal numbering. The Schedule of Values should be sufficiently detailed to serve as the basis of progress payments throughout the completion of the Contract. This shall be Submittal No, 1. 1300 - 1 of 4 SPI SCHAUMBURG POLK, ITEM 1300- SUBMITTALS 1300.03-WORK PROGRESS SCHEDULE Submit a preliminary Work Progress Schedule for all of the work, including estimated start and completion dates, within ten days of the effective date of the contract. This schedule should include the various stages of the work and all major milestones. This shall be Submittal No. 2. 1300.04-SCHEDULE OF SUBMITTALS Submit a Schedule of Submittals for all required submittals within ten days of the effective date of the contract. This shall be Submittal No. 3. 1300.05-PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1300.06 -SHOP AND WORKING DRAWINGS A. Shop drawings shall be detailed sufficiently to demonstrate adherence with the Items of this contract.At a minimum, they shall show dimensions, weight and material specifications. B. Should shop drawings show departures from the plans and specifications, the Contractor shall make specific mention thereof on the submittal drawings; otherwise, acceptance of such submittals shall not constitute acceptance of the departure. C. The acceptance of the drawings shall be general and shall in no way relieve the Contractor of his responsibility for the accuracy of such drawings; nor for the proper fitting of the work; nor for the furnishing of materials or work required by the contract and not indicated on the drawings D. After review, reproduce and distribute for installation and record. 1300.07- PRODUCT DATA A. Product data shall be detailed sufficiently to demonstrate adherence with the Items of this contract. At a minimum, the information shall include instructions, parts manual, spare parts list, and maintenance procedures. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. 1300.08- SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of finishes from the full range of manufacturers' standard colors, textures, and patterns for Architect/Engineer's selection. C. Include identification on each sample, with full Project information. E. Submit the number or samples specified in individual specification Sections. F. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1300 - 2of4 Miar SCHAUMBURG POLK, ITEM 1300-SUBMITTALS 1300.09 - MANUFACTURER'S INSTRUCTIONS A. Submit a minimum of two hard copies and one electronic version of manufacturers' instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing thirty (30) days prior to shipment. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1300.10 - MANUFACTURER'S CERTIFICATES A. Submit manufacturers' certificate to Engineer for review in quantities required by Section 1300.01. B. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect/Engineer. 1300.11 -OPERATION AND MAINTENANCE MANUALS A. For each class of equipment, a minimum of two hard copies bound in three ring binders and one electronic version of each operation and maintenance manual shall be provided at least 30 days prior to startup of equipment. Two copies shall be retained by the Engineer. B. Each manual shall be dated and labeled on the spine and the cover to identify the contents and project to which it applies. C. Manuals shall include: 1. A listing of the manufacturer's identification, including order number, model, serial number . 2. Name, address, and telephone number of the nearest competent service representative who can furnish parts and technical service. 3. Equipment function - normal operating characteristics and limiting conditions. 4. Descriptive literature, including illustrations, covering the operational features of the equipment, specific for the particular installation, with all inapplicable information omitted or marked out. 5. Operating, maintenance and troubleshooting information, including the amount of and specification for any lubricant required, a recommended maintenance schedule, and a list of special parts needed. 6. Complete maintenance parts list, including recommended stock parts, with part number and quantity. 7. Complete replacement parts list and predicted life of parts subject to wear. 8. Performance data, engineering data, and rating tables. 9. Specific instructions for assembly, installation, alignment, adjustment, checking, and maintenance. 10. Operating instructions for start-up, routine and normal operation, regulation, control, shut-down, and emergency conditions. 11. Complete connection, interconnecting, and assembly diagrams. 12. Complete list of all special tools needed for operation and maintenance. 1300- 3 of 4 API SCHAUMBURG POLK, ITEM 1300-SUBMITTALS 13. Complete equipment wiring diagrams and control schematics with terminal identification. 14. Approved Shop Drawings, including outline, cross section, and assembly drawings, with exploded view drawings for major equipment items. D. After final approval of the manuals by the Engineer, the Contractor shall supply three additional copies of each manual for a total of six copies. 1300.12- MANUFACTURER'S CERTIFICATES OF INSTALLATION Provide manufacturer's certificate of installation and commissioning following functional testing and startup for all equipment that requires a manufacturer's representative to provide field service as part of the installation of the equipment. 1300.13-PAYMENT No separate measurements or payment for work performed or materials furnished in the section. Include cost of same in contract price bid for work of which this is a component part. ./ 4 SPI SC F1nl 1MH(1F-tG POLK. ITEM 2000-SAFETY 2000.01 - GENERAL The Contractor shall furnish and install signs described herein and where shown on plans, and shall color code all piping as indicated in these specifications and as shown on plans. 2000.02 - MATERIALS A. Metal. Twenty (20) gauge steel. B, Plastic. Fiberglass, modified resin for UV stability, 0.060 inches thick. C. Paint. Colors as specified in Table 1 of Fundamental Specification of Safety Colors for CLE Standard Source "C", American National Standard Z53.1. The following general requirements are set forth as a guide: 1. RED - Fire protection equipment, danger signs, fire exit signs, and portable containers of flammable material. Include yellow band or name of contents stenciled in yellow. 2. ORANGE - Moving or rotating parts of equipment protected by guards, including shafts and couplings, pulleys, and sprockets. (Do not paint wearing surfaces.) 3. YELLOW - Caution signs and all physical hazards, including outside levers and weights on check valves; lower pulley blocks and hooks; sprockets and chains on valve operators; inside of openings adjacent to steps or ladder; platforms provided for vertical ladders at transition levels; exposed unguarded edges of pits, platforms, and walls subject to being struck; and any piping or equipment extending into normal operating areas. 4. GREEN - To designate "Safety" and location of first-aid equipment such as gas masks, first-aid kits, and safety deluge showers. 5. BLACK & WHITE - To indicate areas that must remain clear, such as areas around first-aid, fire-fighting, and other emergency equipment. D. Supports and Fasteners. Galvanized steel or stainless steel. E. Pipe Markers. Pressure sensitive vinyl. 2000.03- CONSTRUCTION Signs shall be ten (10") inch by fourteen (14") inch with rounded corners and smooth edges. Metal shall be painted after edges have been ground smooth and holes for fasteners drilled. Pipe markers (directional arrows, product identification name, i.e. sludge, gas, etc.) shall be proportional to pipe being identified. All construction, sizes, and markings shall meet current OSHA and ANSI standards. 2000.04- MOUNTING A. Posts. Fasten to a two (2") inch galvanized steel post with two corrosion resistant U-bolts and nuts. Set post minimum of twenty-four (24") inches in ground in concrete footing at least six (6") inches in diameter. Use 2500 psi concrete and crown to shed water. Top of sign shall be three feet above finished grade. B. Doors and Wood Fences. Fasten with four corrosion resistant metal screws. Top of sign shall be five feet above finished grade or as shown on plans. 2000 - 1 of 3 SPI SCHALIMRURG POLK. ITEM 2000-SAFETY C. Chain Link Fence. Fasten with four corrosion resistant wires at each corner of sign. Top of sign shall be five feet above finished grade. 2000.05 -SIGN DESIGN Sign design shall be in accordance with OSHA regulation paragraph 1910.145 Specifications for Accident Prevention Signs and Tags. 2000.06 -SIGNS REQUIRED The Contractor shall furnish signs as required by Special Provision. A. DANGER - DO NOT ENTER WET WELL WITHOUT PROPER SAFETY EQUIPMENT - Mount on post near entrance to Lift Station Wet Well. B. CAUTION - AUTHORIZED PERSONNEL ONLY - Mount on chain link fence adjacent to main gate. C. DANGER - HIGH VOLTAGE - Mount on post in front of all Switchgear, Transformer, MCC's, and Electrical Racks. D. DANGER - CHLORINE GAS - OPERATE EXHAUST FAN BEFORE ENTRY - Mount on door to Chlorinator Room. E. DANGER - CHLORINE GAS - Mount on column in front of Chlorine Storage Area. F. DANGER - SULPHUR DIOXIDE GAS - Mount on column in front of sulphur dioxide storage area. G. DANGER - OPEN TANKS - NO TRESPASSING - Mount in twenty locations (within sight of each other) on site fence, as well as on all gates. 2000.07 - POTABLE WATER When a potable water source is provided to the plant site for the Contractor's use, the Contractor will provide and install an automatic backflow prevention device in the water line where it first enters the treatment plant and prior to any piping connections, including hydrants, to prevent possible contamination of the water supply. 2000.08 - UNSAFE WATER When non-potable water is made available to any part of the plant for various purposes, all yard hydrants and outlets shall be properly marked "Unsafe Water", and all underground and exposed piping shall be identified as specified under Item 2000.09, Color Coding of Piping. 2000.09 -COLOR CODING OF PIPING Color coding of piping shall be in accordance with the following, as approved by, the TCEQ - Chapter 217: Sludge Line brown Natural Gas Line red Potable Water Light blue Chlorine yellow Sulfur Dioxide Lime green with yellow bands Sewage Grey Compressed Air Light Green Heated Water Blue with 6 inch red bands spaced 30 inches apart Power Conduit In compliance with the Natural Electric Code 2000 - 2 of 3 SPI SCHAt.1MHt JRG POLK, ITEM 2000-SAFETY Reclaimed Water Purple Instrument Air Light green with dark green bands Liquid alum Yellow with orange bands Alum (solution) Yellow with green bands Ferric chloride Brown with red bands Ferric sulfate Brown with yellow bands Polymers White with green bands Ozone Stainless steel with white bands Raw water Tan Effluent after clarification Dark green This color code shall apply to all new sewage treatment plant or lift station piping in any of the categories above, whether underground, enclosed, or exposed. 2000.10- PIPE MARKERS All provided pipe shall be identified as to content and direction flow in accordance with current safety regulations and the following guidelines. A. Pipe markers and arrows shall be placed at approximately twenty (20') foot intervals along the length of the pipe, and not less than two for any pipe run. B. Pipes passing thru walls or obstructions shall have a pipe marker and arrow at the entrance and exit. C. Before and after a valve, union, or elbow, a pipe marker and arrow shall be placed on all pipes to assure flow direction of the contents. SPI �,...�iarutdmisT)o,: SperstZ 18:,t w. 2ooa- 3of3 E;CHAUMHURU POLK, 7. Contractor shall provide surface preparation and apply coating to all exposed piping, in accordance with Item 600,all in strict accordance with the plans and specifications. 8. Contractor shall inspect and repair the existing dry riser lighting system; from ground level to the top of the dry riser and install four (4) light fixtures at ground level around the interior of the tank pedestal, including all conduit and conductors, light fixtures, switches, and connections to the existing lighting panel, all in strict accordance with the plans and specifications. 9. Contractor shall fine grade and place approximately 1256 square feet of 4" thick compacted gravel surfacing inside the entire interior surface of the tank pedestal, all in strict accordance with the plans and specifications. Alternate Bid Items, 1. Contractor shall place approximately 1256 square feet of 4" thick of concrete surfacing inside the entire interior surface of the tank pedestal, all in strict accordance with the plans and specifications. C. WARRANTY The Contractor shall provide warranty to the Owner for a period of one (1) year on the new piping installation from the date of final acceptance to the extent that he will repair any defects which may appear during warranty period. In addition, it shall be the responsibility of the Contractor to meet with the Engineer and inspect the piping installation eleven and one-half (11 %) months from the date of the final acceptance to determine whether there are any deficiencies that need to be corrected under warranty. D.SPECIAL REQUIREMENTS 1. The Contractor shall contact Mrs. Jess Liao, Water Utility Engineer at (409) 983-8151 prior to starting any work within the project site. 2. The City will provide electrical service to the Contractor at no cost for this project. The Contractor will be required to apply for a construction water meter at the City of Port Arthur City Hall Customer Service office. 3. The Contractor shall restore the project site to its original condition or better prior to the project completion and acceptance by the Owner. 4. Handling of pipes with lead joints and AC pipes including working with and disposal, shall be accomplished in strict accordance with the applicable regulations. SOW 2 of 2 zij ,� SCHAUMHURG POt K. 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 Dallas Avenue & 4th Street EST Piping Repairs —Bid No. XXX-XXX 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 5 l60 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change,extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. J-1 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) , 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 hind 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 2023, a copy of which is hereto attached and made a part hereof for the construction of: DALLAS AVENUE & 4111 STREET EST PIPING RI;PAIRS---BID NUMBER: PXX-XXX. 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. House Bill 89 Verification I� (Person name), the undersigned representative (hereinafter referred to as "Representative" of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do here depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the 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 Israel-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFOR ME, the undersigned authority on this day of 20 Notary Public SECTION G SCOPE OF WORK SCOPE OF WORK CITY OF PORT ARTHUR Dallas Avenue &4th Street EST Piping Repairs BID NUMBER P23-043 A. GENERAL This project provides for the piping repairs at the Dallas Avenue & 4Th Street EST in the City of Port Arthur. B. WORK TO BE ACCOMPLISHED Contractor shall coordinate with City personnel prior to commencing work. All work is to be performed in strict accordance with the guidelines and procedures set forth within the Contract Specifications. This contract includes, but is not limited to, the following: Base Bid Items, 1. Contractor shall remove and replace existing 12" AC water line outside of the tank site; under concrete, including saw cutting, removing and replacing existing 6" concrete driveway, excavation and backfill, disposal of the AC piping, piping, fittings, valves, connections between the existing AC line and new DI line, testing and sterilization, all in accordance with the plans and specifications. 2. Contractor shall remove and replace existing 12" lead joint DI line from the city's system line to the tank fill line inside of the dry riser, including excavation and backfill, new DI piping, disposal of the AC piping, fittings, valves, repairing the concrete pedestal wall penetrations, connections between new DI line and existing lead joint DI line, removing and reinstalling the existing pressure transducer and connections to the existing lighting panel, testing and sterilization, all in accordance with the plans and specifications. 3. Contractor shall remove and replace the existing 6" diameter drain line gate valve including piping, fittings, concrete supports and valve, connections between new DI line and existing lead joint DI line, all in strict accordance with the plans and specifications. 4. Contractor shall remove and dispose of the existing 6" bypass line including removing piping, fittings, and valves, all in accordance with the plans and specifications. 5. Contractor shall remove and dispose of the existing abandoned 6" line from the east side of the inner wall to the west side of the outer wall, including cutting the existing 6" water line and installing MJ caps, removing and disposing of the valve and fitting, all in strict accordance with the plans and specifications for 6. Contractor shall remove all debris, trash, and wooden shelving from the interior ground level of the tank, all in strict accordance with the plans and specifications. SOW 1 of 2 gani 1► SCHAUMBURG POLK, 7. Contractor shall provide surface preparation and apply coating to all exposed piping, in accordance with Item 600, all in strict accordance with the plans and specifications. 8. Contractor shall inspect and repair the existing dry riser lighting system; from ground level to the top of the dry riser and install four (4) light fixtures at ground level around the interior of the tank pedestal, including all conduit and conductors, light fixtures, switches, and connections to the existing lighting panel, all in strict accordance with the plans and specifications. 9. Contractor shall fine grade and place approximately 1256 square feet of 4" thick compacted gravel surfacing inside the entire interior surface of the tank pedestal, all in strict accordance with the plans and specifications. Alternate Bid Items, 1. Contractor shall place approximately 1256 square feet of 4" thick of concrete surfacing inside the entire interior surface of the tank pedestal, all in strict accordance with the plans and specifications. C. WARRANTY The Contractor shall provide warranty to the Owner for a period of one (1) year on the new piping installation from the date of final acceptance to the extent that he will repair any defects which may appear during warranty period. In addition, it shall be the responsibility of the Contractor to meet with the Engineer and inspect the piping installation eleven and one-half (11 %) months from the date of the final acceptance to determine whether there are any deficiencies that need to be corrected under warranty. D. SPECIAL REQUIREMENTS 1. The Contractor shall contact Mrs. Jess Liao, Water Utility Engineer at (409) 983-8151 prior to starting any work within the project site. 2. The City will provide electrical service to the Contractor at no cost for this project. The Contractor will be required to apply for a construction water meter at the City of Port Arthur City Hall Customer Service office. 3. The Contractor shall restore the project site to its original condition or better prior to the project completion and acceptance by the Owner. 4. Handling of pipes with lead joints and AC pipes including working with and disposal, shall be accomplished in strict accordance with the applicable regulations. SOW2of2 EFI SCHAUMBURG PAX, SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled Dallas Avenue& 4th Street EST Piping Repairs 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 removal and replacement of the existing EST influent piping, valves, fittings and appurtenances. 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 Dallas Avenue &4th Street EST Piping Repairs Project Drawings D. BASIS OF PAYMENT. All work outlined in Paragraph B. above, and shown on PLANS listed in Paragraph C. above, is included in items of BID for which unit prices are shown, and these prices shall be basis of payment. E. OTHER CONTRACTS. Other construction may be underway concurrently in this area. Contractor shall afford utility companies and other Contractors reasonable opportunity for introduction and storage of their material and execution of their work. All work under this Contract must be properly connected and coordinated with that constructed by others. F. SEQUENCE OF WORK. City reserves the right to schedule sequence of construction. G. SPECIAL PROVISIONS. Basic TECHNICAL SPECIFICATIONS Items which follow describe general requirements. When necessary, Special Provisions are inserted to describe additional requirements applicable to this Contract. Special Provisions are to be used in conjunction with basic TECHNICAL SPECIFICATION Items. In event of conflict between requirements of the Special Provisions and the basic TECHNICAL SPECIFICATION Item, the requirements as set forth in the Special Provisions shall govern. H. SUPPLEMENTAL PAY ITEMS. Approximate Quantity and a minimum Unit Price have been established for Supplemental Items shown in SECTION D - BID. The Contractor may not bid a unit price less than the minimum value; however, he may increase the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown shall apply. These items are included to facilitate payment for charges and alterations that may be required to complete work. The actual work as provided by the GENERAL and SPECIAL CONDITIONS OF THE AGREEMENT and TECHNICAL SPECIFICATIONS and shown on PLANS is described in PROPOSAL items other than Supplemental Pay Items. When work covered by Supplemental Items is requested by the Contractor and approved by the Engineer, payment will be based on the quantity actually constructed and Unit Prices bid in BID. I. AS-BUILT DIMENSIONS. Contractor to make daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. On completion of job, Contractor to furnish Owner with one (1) set of direct prints marked with red ink to show as-built dimensions and location of all work constructed. J. SURVEY MONUMENTS. Contractor is to protect existing survey monuments consisting of right-of-way markers and horizontal and vertical control monuments in the vicinity of the project. All monuments destroyed during construction shall be replaced by the Owner and the Contractor shall pay all costs involved in re-staking. H-2A SUPPLEMENTAL GENERAL CONDITIONS - PART B A. TECHNICAL SPECIFICATIONS 1. TECHNICAL SPECIFICATIONS are of the abbreviated, simplified, or streamlined type and include incomplete sentences. The omission of words or phrases such as "Contractor shall", "in conformity therewith", "shall be", "as noted on PLANS", "according to PLANS", "a", "an", "the", and "all",are intentional. Omitted words or phrases shall be supplied by inference in same matter as they are when a "note" occurs on PLANS. 2. The TECHNICAL SPECIFICATIONS are interpreted to require that Contractor shall provide all items, articles, materials, operation or methods listed, mentioned, or scheduled either on PLANS or specified herein, or both, including all labor, materials,equipment, and incidentals necessary or required for their completion. 3. Whenever the words "approved", "satisfactory", "designated", "submitted", "observed", or similar words or phrases are used, it shall be assumed that the word "Engineer" follows the verb as the object of the clause, such as "approved by Engineer". 4. All references to standard TECHNICAL SPECIFICATIONS or manufacturer's installation directions shall mean the latest edition thereof. 5. Referenced to technical society, organization, or body is made in TECHNICAL SPECIFICATIONS in accordance with following abbreviations: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ASTM American Society for Testing and Materials AWWA American Waterworks Association FS Federal Specifications PCA Portland Cement Association IEEE Institute of Electrical and Electronic Engineers NEC National Electric Code UL Underwriters' Laboratories AISI American Iron and Steel Institute API American Petroleum Institute IPCEA Insulated Power Cable Engineers Association NEMA National Electrical Manufacturers Association AWS American Welding Society ti-lIi PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute(Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer, stake out work, establish elevations, and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line, valves, and tire hydrants, and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms H-2F provided by Engineer. Contractor to have a representative on job at time field party begins work. D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER,and the OWNER. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items H-3B of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Prestressed reinforced concrete members. 5. Reinforced concrete pressure pipe. 6. Mechanical equipment, including valves and sluice gates. 7. Electrical equipment, including instruments. 8. Special items, as directed. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to Engineer. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. Engineer will pass promptly upon drawings submitted, noting necessary corrections or revisions. If Engineer rejects drawings, resubmit corrected drawings until drawings are acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Such procedure shall not be considered cause for delay. Acceptance of drawings by Engineer does not relieve Contractor of any requirements of terms of Contract. 11-4B OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety (90) days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 8V2-inch x 1l-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 8Y2-inch x 1 I-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15)days after execution of Contract, submit, in acceptable form, schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to he performed. F{-5B L. GUARANTEES. Guarantee work, including equipment installed, to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction, remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. H-6B Q. PROTECTION AND REPLACEMENT OF PROPERTY. In addition to requirements of Paragraph 56 of GENERAL CONDITIONS OF AGREEMENT, the following applies: "Where necessary to take down fences, signs, or other obstructions, replace in their original condition and restore damaged property or make satisfactory restitution, at no cost to Owner." R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. If CONTRACTOR determines that a street closure is needed, he shall provide a signed and sealed traffic plan by a Registered Professional Engineer in the State of Texas to the Public Works Traffic Division for review and approval. 2. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 3. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed, place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 4. When street is closed, notify Fire Department, Police Department and Public Works Traffic Division. 5. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. U. FINAL INSPECTION. When construction is substantially complete as determined and approved by the City Engineer, Contractor and City of Port Arthur representatives will walk through the project from start to end limits to develop a punch list which notes and marks on site work deficiencies. This punch list of work deficiencies will be rectified and completed within thirty (30) calendar days from the date contractor has received the formal written Punch List notice. Failure to repair deficiencies or replace defected materials after thirty 30 calendar days, entitles the Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Retainage. Retainage Payment will only be released when the following are submitted and complied for Closing out of Project: 1. Completion of Punch List. 2. As-Built drawings submittal. 3. Substantial Completion Letter from contractor and Approved by City Engineer. 4. Affidavit of all Labors Paid. S. 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. SECTION I BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, the Undersigned, ALLCO,LLC as Principal, and Colonial American Casualty and Surety Company as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of FIVE Percent of the Greatest Amount Bid(5%G.A.B.) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,successors and assigns. Signed, this 24th day of May , 20 23 The Condition of the above obligation is such that whereas the Principal has submitted to City of Port Arthur a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the Dallas Avenue&4th Street EST Piping Repairs —Bid Number P23-043. NOW,THEREFORE, (a) If said BID shall be rejected,or (b) If said BID shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,exceed the penal amount of this obligation as here in stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper Officers,the day and year first set forth above. I-1 ALLCO,LLC (L.S.) PRINCIPAL ,0. % T.W.Harrison, resident `¢ `. /ipi ..,+ -7. Colonial American Casualty and Surety Company , •,) SURETY /1// * ,‘``‘� fliffillty� BY: G !/ _ Jillian eal,Attorney-In-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the state where the project is located. I-2 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Edward ARENS, Philip BAKER,Michele BONNIN,Jillian O'NEAL,Erica A.COX and Rebecca GARZA, all of The Woodlands,Texas,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of November,A.D.2019. 'e ji�iMs"'°? a cagily '' _ = NOM SEAL )_ lit ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of November, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. oti to ?'14 +'•. / b:V nuati�.:.` Constance A.Dunn,Notary Public '•,�irnifiirti;. My Commission Expires:July 9,2023 'hn+uuP� EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact, The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2491 day of May , 2023 d W By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimsgzurichna.com 800-626-4577 0 ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaciOn o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacion o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informacion sobre com- 1-800-252-3439 panias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512)490-1007 Austin, TX 78714-9104 Web: www.tdi.texas.gov Fax: (512)490-1007 E-mail: ConsumerProtection@tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS 0 about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 SECTION J 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 Dallas Avenue & 4th Street EST Piping Repairs — Bid No. P23-043 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. J-I IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 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. J-2 SECTION K CERTIFICATE OF INSURANCE �AWRL 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 PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .,r'ORTANT: 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, INC,No,EXt): No); E-MAIL ADDRESS: INSURER(SIAFFORDINGCOVERAGE NAIL p INSURER A: INSURED INSURER 8: INSURER C INSURER 0:_ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS tNSR AODLSUBRj POLICYEFF POLICY EXP .LTR TYPE OF INSURANCE INSfYWO POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCED $ ---- COMMERCIAL GENERAL LIABILITY RREEMA SESE0(Ea occurrence) $ ICLAIMS-MADE I OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ POLICY" JECOT I I I LOC AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO _ BODILY INJURY(Per person) $ ALL OWNED I ' SCHEDULE BODILY INJURY(Per acc dent) $ AUTOS ; D AUTOS HIRED AUTOS I NON-OWNED PROPERTY DAMAGE AUTOS iPer accdent) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO I RETENTIONS _$ ANY fRUPRIE SLIAHTNEWEXECutfVE EL VJCSTATU- OTH-T WORKERS COMPENSATION I TORYTATU- I ER OR/P ANDEMPLOYERS'LIABILITY Y/N OFFICER/MEMBER EXCLUDED? �� N/A EACH ACCIDENT $ (Mandatory In NH) j E L DISEASE-EA EMPLOYEE $ II yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT $ I � DESCRIPTION OF OPERATIONS 1 LOCATIONS)VEHICLES(Attach ACORD 101,Additional Remarks Schedule,II 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(2010105) The ACORD name and logo are registered marks of ACORD SECTION L 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 2023, a copy of which is hereto attached and made a part hereof for the construction of: DALLAS AVENUE & 4TH STREET EST PIPING REPAIRS —BID NUMBER: P23-043. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. L-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this the day of _, 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. L-2 SECTION M �I NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT FOR PRIME CONTRACTOR State of TEXAS ss. County of JEFFERSON ) T.W.HARRISON _, being first duly sworn, deposes and says that: (1) He is PRESIDENT_.. _____ -- of _ ALLCO LLC . _.•_: the Bidder that has submitted the referenced Bid; (2) He is fully informed respecting the preparation and contents of the referenced Bid submitted to CITY OF PORT ARTHUR (Owner) in connection with Dallas Avenue&4th Street EST Piping Repairs . (name of contract), and of pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived,or agreed,directly or indirectly,with any other Bidder,firm,or person to submit a collusive or sham Bid in connection with such Contract, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder,firm, or person to fix the price or prices in the referenced Bid or in the Bid of any other bidder, or to fix an overhead, profit, or cost element of the Bid price or the Bid price of any ether Bidder, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of (Owner) or any person interested in the proposed Ccntrsct; and Port Arthur (5) The price or prices quoted in the referenced Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its Y.,,,ii� agents, representatives,owners, employees, or part' in i .ter , ' lading this affidavit. �.���CO, L �'',,i (Signed) \.: '. '. , -- Q n 7- T.W.HARRISON -PRESIDENT Title " . t- f _ - Subscribed and sworn to before me by the said T.W. HARRISON on this 24t� ddy of MAY 20 23 •,, ..... y 9ftN t.-A-Li CiVIAZI .)-fr-4,-‘.. . ,Iiiiiiio‘‘‘ ary Public 1 Q,YPo JACQUELINECHRISTOPHERt JEFFERSON County, TEXAS t z4'_,t',- Notary Public,State of Texas[Notary Sea;] t 7,,,ta7 Comm.Expires 05-21-2024 1 My commission expires 5/21 , 20 24 . F°FtE Notary ID#155932 5 t hi-1 .- ` SCIAUMBURC PDLK .- NON-COLLUSION AFFIDAVIT FOR PROPOSED SUBCONTRACTOR State of I6C4S __) ) ss. County of. (Je Cirso1-1 _) JU$/i,, Tutus , being first duly sworn, deposes and says that: CI) He is Vice 1?r- tea-te of i�. S. I. , hereinafter referred to as the "Subcontractor"; (2) He is fully informed respecting the prepay tion apd c ntents of the subcontractor's Proposal submitted by the subcontractor to v'v( vxcfws , the Contractor for certai workin n ection ith ,lLcs 1vtot 9- 'Z 4l EST- ? ' (name of C_ contract), for L j o _ r j r- (Ow er ; (3) Such subcontractor's Proposal is genuine and is not a collusive or sham proposal; (4) Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived,or agreed,directly or indirectly,with any other Bidder,firm,or person to submit a collusive or sham Proposal in connection with such Contract, or to refrain from submitting a Proposal in connection with such Contract,or has in any manner,directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm, or person to fix the price or prices in said subcontractor's Proposal or any other subcontractor's proposal, or to secure through col u ion, coggspi ac , connivance, or unlawful agreement any advantage against the (fly o'-° (.rf r (Owner) or any person interested in the proposed Contract; and (5) The price or prices quoted in the subcontractor's Proposal are fair and proper and are not tainted by any collusion, conspiracy,connivance, or unlawful a reement on the part of the Bidder or any of its agents, representatives,owners,employees, pa . in interest, including this affidavit. (Signed) C'eg et-e.;(1/ . Title . Subscribed and sworn to before me by the said on this : fLi,day of })�a9-Li , 20 fL . By: I_-C-. , , C'l...'\--t 1LI i } I� Notary Public �rj— -- ,- County, 'C_�j 1Th [Notary Seal] My commission expires ,t„ -),- j, 20 kt' . _.. ?..e•. KAREN ANN BIHM Y _:�1�`*. NOTARY PUBLIC .Nr- )\ ;,. ID#125262268 ,TFof4,P State ot Texas Comm.Exp.02-01.2025 spt .. miniiiiiiiimo SCHAUMBURG POLK, SECTION N HOUSE BILL 89 VERIFICATION House Bill 89 Verification I, T.W. HARRISON (Person name), the undersigned representative (hereinafter 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 here depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the 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 Israel-controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE ,', T.W. HARRISON - PRESIDENT '" ' .,< SUBSCRIBED AND SWORN TO BEFOR ME, the undersigned authority on ,, *it.. this 24TH day of MAY 20 23 q i P .0 JACQUELINE CHR STQPHER '� Notary Public State of Texas t � � -- s,, IP Comm.Expires 05-21-2024 t ary(Bublic ' ,l t Notary ID# 155932-5 11 t1 SECTION O - -- -- - -- SB 252 SB 252 CHAPTER 2252 CERTIFICATION �' -------- T.W. HARRISON _.._. __ _____ _ -------�-..____� the undersigned 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 252.153, 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. T.W. HARRISON - PRESIDENT Name of Company Representative (Print) Signature of Company Representative ,� J, 3 MAY 24,2023 ,"I 0• Date SECTION P QUALIFICATION STATEMENT QUALIFICATION STATEMENT SUBMITTED ED TO: CITY OF PORT AR-THt R BY ALLCO LLC pat PRINCIPAL OFFICE 6720 COLLEGE,BEAUMONT,TX 77707 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: 38 YEARS --- 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor . .38 YEARS (h) As a sub-contractor- N/A 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner PLEASE SEE THE ATTACHED. P-t Pt ALLCO LIST OF COMPLE LED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 4,450,540 Stewart's Creek 2022 Conroe City of Conroe Trunk Line Montgomery 300 W. Davis Street Replacement Texas Conroe,Texas 77301 936-522-3136 1,534,148 City of Orange 2022 Orange Fittz& Shipman Engineers Eagle Point Parkway Orange 1405 Cornerstone Court &Medical Center Dr. Texas Beaumont, Texas 77706 Phase I 409-832-7238 1,280,000 City Nederland 2022 Nederland LJA Engineers Wastewater Treatment Jefferson 2615 Calder Suite 500 Plant Upgrades Texas Beaumont, Texas 77702 409-833-3363 493,332 City Anahuac Sludge 2022 Anahuac LJA Engineers Basin Conversion Chambers 2615 Calder Ste 500 Project Texas Beaumont, TX 77702 409-833-3363 6.027000 Bolivar Beach Club 2022 Crystal Beach Bolivar Beach Club RV LLC RV Resort Galveston 1709 Hunters Trail Texas Friendswood,Texas 77546 281-639-0451 3,054,000 City of Mont Belvieu 2022 Mont Belvieu Jones Carter Cotton Bayou WWTP Harris 6330 West Loop South Ste 150 Dewatering Facility Texas Houston,Texas 77401 713-777-5337 3,523,000 Lake Tawakoni 2022 Point Sabine River Authority Spillway Channel Rains PO Box 579 Bank Stabilization Texas Orange,Texas 77631 409-746-2192 16,450,000 Washington Blvd 2021 Beaumont City of Beaumont Improvements Jefferson 801 Main Street Texas Beaumont, Texas 77701 409-880-3725 1,100,000 Sewer Plant 2021 Beaumont City of Beaumont Pump Replacement Jefferson 801 Main Street Texas Beaumont, Texas 77701 409-880-3725 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 12,447,985 Sabine River Authority 2021 Deweyville Garney Construction Pump Station- Civil Orange 1772 West Sam Houston Pkwy North Piping-Sitework Texas Houston,Texas 77403 281-763-7772 1,383,000 Filter Rehabilitation 2021 Nederland Jefferson County WCID #10 and Clearwell Jefferson 3707 Central Blvd. Texas Nederland,Texas 77627 409-722-6922 1,889,500 Trickling Filters 2021 Beaumont City of Beaumont Rehabilitation Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3752 499,117 City of Woodville 2021 Woodville KSA Engineers Wastewater Treatment Tyler 211 E. Shepherd Ste. 205 Plant Mechanical Screen Texas Lufkin, Texas 75901 936-637-6061 784,981 Lift Station Emergency 2021 Port Arthur City of Port Arthur Repairs Jefferson 444 Fourth Street Texas Port Arthur, Texas 77640 409-983-8161 46,688,000 Alligator Bayou Pump 2020 Port Arthur Jefferson County Drainage District 7 Station Annex Jefferson P.O. Box 3244 Texas Port Arthur, Texas 77642 409-985-4369 1.400,000 11th Street 2020 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont, Texas 77701 409-880-3725 892,000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Bar Screen Texas Beaumont, Texas 77701 409-880-3725 75.000 Emergency Repair 2020 Beaumont City of Beaumont Wastewater Treatment Jefferson 801 Main Street Plant Secondary Clarifier Texas Beaumont, Texas 77701 i Junction Box 409-880-3725 i ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 5,389,000 Sanitary Sewer System 2020 Liberty HR Green Improvements Phase 1 Liberty 11011 Richmond Ave, Ste 200 Texas Houston,Texas 77042 713-965-9996 5,185.000 Street Rehabilitation 2019 Beaumont City of Beaumont City Wide Phase 1 Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 4,215,000 Levee 26 Construction 2019 Nederland Sabine Neches Navigation District Jefferson P.O. Box 778 Texas Nederland,Texas 77627 409-729-4588 3,095,000 Discharge Pipe 2019 Beaumont Lower Neches Valley Authority 1,2 & 5 Rehab Jefferson P.O. Box 5117 Texas Beaumont, Texas 77726 409-892-4011 1,724,766 Wastewater Treatment 2019 Beaumont Schaumburg&Polk Inc. Sludge Thickner/Belt Jefferson 8865 College Street Press Rehabilitation Texas Beaumont,Texas 77707 409-866-0341 1,058,961 Replacement of 2019 Westlake City of Westlake Sewer Transport Calcasieu Parish P.O. Box 700 Line, Phase 1 Louisiana Westlake,Louisiana 70669 337-433-0691 2,581,500 Water Treatment Plant 2019 Beeville Enprotec/Hibbs&Todd Pretreatment Improv. Bee 402 Cedar St. Texas Abilene,Texas 79601 832-698-5560 5,343,000 High Surface Pump 2019 Baytown Shrader Engineers Station Improvements Harris 750 Towne & Country Ste 650 Baytown Water Authority Texas Houston, Texas 77042 713-467-9961 3,212,000 Dowlen Road ACP 2019 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont,Texas 77701 409-880-3725 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 12,605,000 Surface Water Treatment 2018 Port Arthur Arceneaux Wilson& Cole Plant Improvements Jefferson 2901 Turtle Creek Dr.#320 Phase I Texas Port Arthur Texas 77642 409-724-7888 2,861,000 Wastewater Treatment 2018 Orange Schaumburg&Polk Plant Expansion Phase Orange 8865 College Street 2A& 2B Texas Beaumont Texas 77707 409-866-0341 726,000 Keith Road 16" Water 2018 Beaumont City of Beaumont Line Installation Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 533,700 Bigner Road Asphalt 2018 Beaumont City of Beaumont Resurfacing Project Jefferson 801 Main Street Texas Beaumont Texas 77701 409-880-3725 23,750,000 Surface Water Treatment 2018 Port Arthur Arceneaux Wilson& Cole Plant Improvements Jefferson 2901 Turtle Creek Dr. Ste. 320 Phase 2 Texas Port Arthur Texas 77642 409-724-7888 2,200,000 City of Anahuac 2017 Anahuac Carroll&Blackman Wastewater Treatment Chambers 3120 Fannin Street Plant Rehab Contract A Texas Beaumont Texas 77702 409-833-3363 1,300,000 City of Rose City 2017 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 740,000 Asphalt Road Repairs 2017 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 . ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,260,000 Jack Brooks Regional 2017 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 2,690,000 Port Acres Wastewater 2016 Port Acres Arceneaux Wilson& Cole Treatment Plant Jefferson 2901 Turtle Creek Dr. #320 Improvements Texas Port Arthur Texas 77642 409-724-7888 3,260,000 Jack Brooks Regional 2016 Beaumont Garver USA Airport Runway Jefferson C/O 1149 Pearl Street Reconstruction Texas Beaumont Texas 77701 713-491-8333 300,000 Site Grading Port 2016 Port Arthur Arceneaux Wilson&Cole Arthur Business Park Jefferson 2901 Turtle Creek Dr. #320 Texas Port Arthur Texas 77642 409-724-7888 740,000 Asphalt Road Repairs 2016 Bridge City Action Engineers Rosen&Various Streets Orange 8460 Central Mall Dr. Ste. J City of Bridge City Texas Port Arthur Texas 77642 409-983-6263 1,300.000 City of Rose City 2016 Rose City Goodwin Lasiter Bridges Project#2 Orange 1609 S. Chestnut Ste. 202 Texas Lufkin Texas 75901 936-637-6336 5.600,000 Crenshaw Water Plant 2016 Pasadena City of Pasadena Ground Storage Tank Harris 1114 Davis Street Ste. 300 Texas Pasadena Texas 77506 713-475-4995 7,950,000 Water Treatment Plant 2016 Livingston Enprotec/Hibbs&Todd Lake Livingston Water Polk 402 Cedar Street & Sewer Service Corp Texas Abilene Texas 79601 325-698-5560 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,612,000 Coopers Gully Pump 2015 Orange Carroll&Blackman Inc. Station-City of Orange Orange 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 3,400,000 Water System Improv. 2015 Port Arthur Arceneaux& Gates Keith Lake to Sabine Pass Jefferson 2901 Turtle Creek Drive Standpipe Texas Port Arthur Texas 77642 409-724-7888 1,130,000 Wastewater Treatment 2015 Orange Schaumburg&Polk Plant Improvements Orange 8865 College Street Phase IA&IB Texas Beaumont Texas 77707 409-866-0341 3,200,000 24" Waterline City of 2015 Port Arthur Arceneaux& Gates Port Arthur-19th St. to Jefferson 2901 Turtle Creek Drive Sabine Neches Canal Texas Port Arthur Texas 77642 409-724-7888 3,492,000 Sanitary Sewer Impr 2015 Beaumont City of Beaumont 54" Interceptor Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 1.750,000 Wastewater Collection 2015 Nederland Schaumburg&Polk Inc. Rehabilitation Jefferson 8865 College Street Texas Beaumont Texas 77707 409-866-0341 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 3,350,000 Detention Ponds 2015 Sugarland LJA Engineers &Drainage Facilities Fort Bend 2929 Briarpark Imperial Phase II Texas Houston Texas 77042 713-953-520 4,500.000 Orange County 2014 Vidor Carroll&Blackman WCID#1 Cloverleaf Orange 3120 Fannin Tiger Lake Lift Texas Beaumont Texas 77702 Station/Force Main 409-833-3363 1 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 1,800,000 City of Missouri City 2014 Missouri City Enprotec/Hibbs&Todd Prestressed Concrete Fort Bend 402 Cedar Street Clearwell Texas Abilene Texas 79601 325-698-5560 2,500,000 Asphalt Road Repair 2014 Bridge City d.p. Consulting Engineers City Wide-Bridge Orange 3727 Doctors Drive City Texas Port Arthur Texas 77642 409-983-6263 430,000 Clarifier Rehabilitation 2014 Orange Firestone Polymers Orange 5713 FM 1006 Texas Orange Texas 77630 409-924-4626 _ 457,000 Post Office Lift Station 2014 Port Neches Carroll&Blackman Inc. Improvements Jefferson 3120 Fannin Texas Beaumont Texas 77702 409-833-3363 2,400,000 Fort Polk Sewer 2014 Fort Polk Arceneaux&Gates American Water Vernon 3501 Turtle Creek Drive Louisiana Port Arthur Texas 77642 409-724-7888 10,000,000. Richland Chambers 2013 Fairfield Alan Plummer Associates Wetland Expansion Navarro 1349 Empire Central Ste 1000 Improvements Texas Dallas Texas 75247 214-631-6100 2,000,000 Water System 2013 Nederland City of Nederland Improvements Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 ' 2,700.000 Sanitary Sewer 60" 2013 Beaumont City of Beaumont Trunk Outfall Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 1,150,000 Asphalt Road Repair 2013 Bridge City d.p. Consulting Engineers Repair City of Bridge City Orange 3727 Doctors Dr. Texas Port Arthur Texas 77642 409-983-6263 1 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 9,971,000 Main&Port Acres 2012 Port Arthur Arceneaux& Gates WWTP Rehabilitation Jefferson 2901 Turtle Creek Dr. Ste. 201 City of Port Arthur Texas Port Arthur Texas 77642 409-724-7888 3,500,000 Sanitary Sewer 2012 Port Arthur City of Port Arthur Rehab Contract 6 Jefferson P.O. Box 1089 Texas Port Arthur Texas 77640 409-983-8226 1,700,000 Diboll Water System 2012 Angelina KSA Engineers Northside Diboll 107 W. Lufkin Avenue Texas Lufkin Texas 75904 936-637-6061 639,000 Nacogdoches WWTP 2012 Nacogdoches Schaumburg&Polk Inc. 2010 Improvements Nacogdoches 8865 College Texas Beaumont Texas 77707 409-866-3413 3,100,000 Sanitary Sewer 2012 Nederland City of Nederland Rehab 2009 Project Jefferson 1400 Boston Avenue Texas Nederland Texas 77627 409-723-1542 800,000 Waterline Installation 2011 Beaumont City of Beaumont Large Diameter Main Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 2,950,000 Wastewater Treatment 2011 Liberty Schaumburg&Polk Inc. Plant Improvements Liberty 8865 College Street Texas Beaumont Texas 77707 409-866-0341 2,000,000 Water& Sewer 2010 Orange City of Orange Area II&III Orange P.O. Box 520 Texas Orange Texas 77630 409-883-1900 1,400,000 Sanitary Sewer 2010 Beaumont City of Beaumont Rehab Project Jefferson 1350 Langham Contract XIV Texas Beaumont Texas 77707 409-785-3000 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 8,500,000 Water Treatment Plant 2010 Beaumont City of Beaumont Expansion/Renovations Jefferson 1350 Langham Texas Beaumont Texas 77707 409-785-3000 4,000,000 Full Dept Concrete 2010 Beaumont City of Beaumont Repair Project Jefferson P.O. Box 3872 Texas Beaumont Texas 77704 409-785-3000 6,700,000 Wastewater Treatment 2009 Dayton O'Malley Engineers Plant Renovations Liberty 1306 North Park Texas Brenham Texas 77833 979-836-7937 3,200,000 Wastewater Treatment 2009 Woodlands Carter&Burgess Inc. Plant Improvements Montgomery 55 Waugh Suite 800 Texas Houston Texas 77007 713-869-7900 25,000,000 East Fork Raw Water 2009 Wylie Alan Plummer Associates Supply Wetland Collin 1349 Empire Centra Ste 1000 Construction Project Texas Dallas Texas 75247 214-631-6100 2,700,000 Alabama Command 2009 Orange Port of Orange Control Center Orange 1201 Childers Road Texas Orange Texas'77630 409-883-4363 3,333,000 Water Treatment 2009 Carthage KSA Engineers Plant Improvements Panola 140 E. Tyler Suite 600 Phase I Texas Longview Texas 75601 936-637-6061 5,500,000 Rolphe Christopher 2009 Beaumont City of Beaumont Blvd. Renovations Jefferson P.O. Box 3827 Texas Beaumont Texas 77704 409-785-3000 13,200,000 FM 1179 2008 Bryan Texas Dept of Transportation Road Improvements Brazos 1300 N. Texas Avenue Texas Bryan Texas 77803 979-778-2165 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,100,000 US 69 Frontage Roads 2008 Nederland Texas Dept of Transportation Nederland Ave&Hwy Jefferson 8350 Eastex Freeway 365-Jefferson County Texas Beaumont Texas 77708 409-898-5711 5.000,000 Avocet Oceanfront 2008 Bolivar Avocet Oceanfront Villas LLP Villas Galveston 3112 East Fourth Avenue Texas Durango, Colorado 81301 1,000,000 Seagrass Development 2008 Caplen Seagrass-Caplen LLC Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 5,200,000 Phelan Boulevard 2008 Beaumont City of Beaumont Extension Jefferson P.O. Box 3827 Texas Beaumont,Texas 77704 409-785-3000 3,200,000 2006 Sanitary Sewer 2008 Lumberton Lumberton M.U.D. Improvements Contract C Hardin 55 W. Chance Cut-Off Texas Lumberton, Texas 77656 409-755-1559 3.800,000 Water Transmission Line 2008 Bolivar Schaumburg&Polk Inc. Singing Sands to Port Galveston 8865 College Street Bolivar Texas Beaumont Texas 77707 409-866-0341 3,300,000 Water Treatment Plant 2008 Carthage City of Carthage Improvements Phase II Panola 812 W. Panola Texas Carthage Texas 75633 903-693-3868 9.500,000 Safety Rest Areas 2008 Livingston Texas Dept of Transportation Hwy 59 Polk County Polk 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 24,200,000 Highway 96 2007 Kirbyville Texas Dept of Transportation Construction Jasper 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 P •..weer,,.. ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3.100.000 Wastewater Treatment 2007 Galveston City of Galveston Plant Renovations Galveston P.O. Box 779 Texas Galveston Texas 77553 409-797-3630 2,600,000 Water Treatment Plant 2007 Winnie Carroll&Blackman Inc. Trinity Bay Conservation Chambers 3120 Fannin District Texas Beaumont Texas 77702 409-833-3363 9,900.000 Wastewater Collection 2006 Port Arthur Bob Shaw Consulting Engineers Rehab Pioneer Park Jefferson 4749 Twin City Highway &Griffmg Park Texas Port Arthur Texas 77643 409-963-0263 $1,600,000 FM 1131 Roadway 2006 Deweyville Texas Dept of Transportation Orange County Orange 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 $1,000,000 Audubon Village 2006 Gilchrist Audubon Village LLC Development Galveston P.O.Box 7754 Texas Beaumont Texas 77726 409-861-4459 7.000,000 Walden Development 2006 Beaumont Crescent-Walden LLC Phase I&II Jefferson P.O. Box 7754 Texas Beaumont, Texas 77726 409-861-4459 8,500,000 FM 364 Major Drive 2005 Beaumont Texas Dept of Transportation Construction Jefferson 8350 Eastex Freeway Texas Beaumont Texas 77708 409-898-5711 6,000,000 Laguna Harbor 2005 Port Bolivar Laguna Resources Ltd. Resort Galveston P.O. Box 7754 Texas Beaumont Texas 77726 409-861-4459 3,200,000 High Island to Singing 2005 Stowell Lower Neches Valley Authority Sands Transmission Chambers 7850 Eastex Freeway Line Contract N Texas Beaumont, Texas 77708 409-892-4011 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 4,200,000 City of Nacogdoches 2004 Nacogdoches Schaumburg&Polk WW Collection System Nacogdoches 8865 College Street SS Replacement Texas Beaumont, Texas 77707 409-866-0341 4,200,000 West Regional Water 2004 Winnie Lower Neches Valley Authority System Transmission Chambers 7850 Eastex Freeway Line Texas Beaumont, Texas 77708 409-892-4011 4.100,000 Water Treatment Plant 2004 Fannett dp Consulting Engineers West Jefferson Jefferson 3800 Highway 365 Municipal Water Dist Texas Port Arthur, Texas 77642 409-983-6263 2,200,000 Orleans Street Inter- 2004 Beaumont City of Beaumont Locking Pavers Jefferson P.O. Box 3827 Texas Beaumont, Texas 77704 409-785-3000 1,300.000 Jasper County FM82 2004 Kirbyville Texas Dept of Transportation Jasper 8350 Eastex Freeway Texas Beaumont, Texas 77708 409-898-5711 1,100,000 WWTP Bar Screen& 2004 Beaumont City of Beaumont Belt Press Conveyor Jefferson 1350 Langham Texas Beaumont,Texas 77706 409-785-3000 9,100,000 Highway Construction 2003 Beaumont Texas Dept of Transportation Jefferson County Jefferson 8350 Eastex Freeway IH-10 Feeder Roads Texas Beaumont,Texas 77708 409-898-5711 9,600,000 Highway Construction 2003 Beaumont Texas Dept of Transportation Jefferson County Jefferson 8350 Eastex Freeway SP 93-Phase III Beaumont Beaumont,Texas 77708 409-898-5711 3,500,000 Highway Construction 2003 Buffalo Texas Dept of Transportation Freestone County Freestone 2800 Commerce Street East Highway 164 Texas Buffalo, Texas 75831 713-802-5551 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 5,500,000 Wastewater Treatment 2003 Nederland Schaumburg&Polk, Inc. Plant Renovations Jefferson 8865 College Street Texas Beaumont,Texas 77707 409-866-0341 849,000 Distribution Parallel 2003 Texas City Gulf Coast Water Authority 66" Line Galveston 3630 Highway 1765 Texas Texas City, Texas 77591 409-935-2438 13,535,000 Highway Construction 2002 Orange Texas Dept of Transportation Orange County Orange 3128 Highway 62 Highway 87 Texas Orange, Texas 77632 409-883-3476 5,500,000 Drainage& Street 2002 Beaumont City of Beaumont Improvements Jefferson P.O. Box 3827 Concord Road Texas Beaumont,Texas 77704 409-785-3000 1,370,725 Highway Construction 2000 Saratoga Texas Dept of Transportation FM787 Bridge Project Hardin 1150 Avenue N Texas Silsbee,Texas 77656 409-385-5269 2.000,000 Highway Construction 1999 Beaumont Texas Department of Transportation Jefferson County Jefferson 8350 Eastex Freeway Walden Road Project Texas Beaumont,Texas 77708 409-898-5711 7,200,000 Wastewater System 1998 Mauriceville Schaumburg&Polk, Inc. Improvements Orange 8865 College Street Contract 3,4& 5 Texas Beaumont, Texas 77707 409-866-0341 7,250,000 Highway Construction 1998 Beaumont Texas Department of Transportation SP93 West Port Arthur Jefferson 8350 Eastex Freeway Phase II Texas Beaumont, Texas 77708 409-898-5711 1.300.000 New Water& Sewer 1998 Pineland Hogan Corporation/City of Pineland Improvements-Delta Sabine 101 Dogwood Heights&Hwy 96 Area Texas Pineland,Texas 75968 409-381-8811 ALLCO LIST OF COMPLETED CIVIL/HEAVY PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 3,365,583 South Park Drainage 1997 Beaumont Schaumburg&Polk, Inc. Project Jefferson 8865 College Street Texas Beaumont, Texas 77707 409-866-0341 4,300,000 Water Treatment 1996 Nederland City of Nederland Facility&New Office Jefferson 1400 Boston Avenue Buildings Texas Nederland,Texas 77627 409-723-1542 4,200,000 Wastewater Treatment 1996 Lumberton Schaumburg&Polk,Inc. Facility&Plant Hardin 8865 College Street Buildings Texas Beaumont, Texas 77707 409-866-0341 ALLCO REFERENCES ARCENEAUX, WILSON& COLE ENGINEERS MR. CALVIN PROSEN, P.E. 2901 TURTLE CREEK DR. SUITE 320 PORT ARTHUR TEXAS 77642 409-724-788.8 calvin.prosen�a,awceng.com ACTION ENGINEERS MR.MARK KELLY 8460 CENTRAL MALL DRIVE, SUITE J PORT ARTHUR TEXAS 77642 409-983-6263 mkelly@acecivilengineers.com PORT OF PORT ARTHUR MR.ED LONG,P.E. 221 HOUSTON AVENUE PORT ARTHUR TEXAS 77642 409-983-2011 ed@portpa.com SCHAUMBURG&POLK ENGINEERS MR. RICKY J. BOURQUE,P.E. 8865 COLLEGE STREET BEAUMONT TEXAS 77707 409-866-0341 rbourque@spi-eng.com PAGE 2 REFERENCES ALLCO CITY OF ORANGE MR JAMES B. WOLF, P.E. 803 W. GREEN ORANGE TEXAS 77630 409-883-1900 jwolf@oranmetx.org ORANGE COUNTY W.C.I.D.NO. 1 MR.NORMAN BLACKMAN, P.E. 460 E. BOLIVAR STREET VIDOR TEXAS 77662 409-769-2669 nblackman@ocwcl.com CITY OF NEDERLAND MR ROBERT WOODS, P.E. 207 NORTH 12TH NEDERLAND TEXAS 77627 409-723-1542 rwoods@ci.nederland.tx.us CITY OF PORT ARTHUR DR. HAM J. TOHME,P.E. 444 4TH STREET PORT ARTHUR TEXAS 77640 409-983-8226 hani.tohme@portarthurtx.gov ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 10,000,000 Textile Manufacture 2022 Ghent Pure Renewable Systems Facility Belgium 6712 E. 118 Street Bixby Oklahoma 74008 918-406-2557 20,000,000 CDBG - 2020 Houston General Land Office Residential Harris 1700 Congress Ave. Construction Services Texas Austin, Texas 78701 512-475-5000 43,600,000 CDBG - Texas 2020 Southeast Texas General Land Office Commercial/Residential Various 1700 Congress Ave. Disaster Recovery Texas Austin, Texas 78701 512-475-5000 22,435,000 STEPS &Roofmg 2019 St. Thomas and Virgin Island Housing Authority Programs St. John 3202 Demarara Plaza,Suite 200 Virgin Islands St. Thomas,Virgin Islands 00802 340-777-8442 150,000 Repairs 2019 Beaumont St. Anthony Cathedral Basilica Jefferson 700 Jefferson Street Texas Beaumont, Texas 77701 409-833-6433 12,000,000 PREPS - 2018 Southeast Texas General Land Office Construction Services Various 1700 Congress Ave. Texas Austin, Texas 78701 512-475-5000 1,300,000 DALHR Program 2018 Southeast Texas General Land Office Residential Construction Various 1700 Congress Ave. Services Disaster Recovery Texas Austin, Texas 78701 512-475-5000 15,990,000 New High School 2016 Buna Architectural Alliance Buna Independent Jasper 350 Pine Street Ste. 720 School District Texas Beaumont Texas 77701 409-866-7196 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 13,000,000 New Training/Office 2015 Nederland Mark Magnuson Architects Facility-Industrial Jefferson P.O. Box 901 Safety Training Council Texas Bridge City Texas 77611 409-735-4999 1,6000,000 New Softball Complex 2015 Beaumont Lamar University CMAR Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 409-880-8471 2,200,000 Tennis Courts Covered 2015 Beaumont City of Beaumont Uncovered& Loggia Jefferson 801 Main Street Design/Build Project Texas Beaumont Texas 77701 409-880-3725 1,150,000 Tennis Center Pro 2014 Beaumont The LaBiche Architectural Group Shop/Clubhouse Jefferson 7999 Gladys Beaumont Athletic Texas Beaumont Texas 77706 Complex 409-860-0197 730,000 Setzer Center Student 2014 Beaumont Lamar University Center Roof Replacement Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 409-880-8471 325,000 Dishman Art Building 2014 Beaumont Lamar University Roof Replacement Jefferson 4410 Jimmy Simmons Blvd Texas Beaumont Texas 77705 409-880-8471 23,700,000 South Park Middle 2013 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 409-617-5000 11,500,000 German Pellets Plant 2013 Woodville Evans Contractors Woodville Texas Tyler 704 Hembree Place Texas Roswell Georgia 30076 678-794-7514 2,379,600 Outdoor Education 2013 Sabine Pass The LaBiche Architectural Group Service Center Jefferson 7999 Gladys Suite 101 Sabine Pass I.S.D. Texas Beaumont Texas 77706 409-860-0197 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,497,000 Regional Marine 2013 Sabine Pass Jefferson County Security Center Jefferson 1149 Pearl Street Texas Beaumont Texas 77701 409-835-8584 38,000,000 High School Renovation 2012 Port Neches Port Neches I.S.D. &Additions Jefferson 643 Ave C Texas Port Neches Texas 77651 409-722-3351 18,100,000 New French Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 409-617-5000 17,200,000 New Fehl Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 409-617-5000 17,400,000 New Dunbar Elementary 2012 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 10,500,000 Stilwell Education 2011 Port Arthur Port Arthur I.S.D. Support Center Jefferson 733 5th Street Texas Port Arthur Texas 77640 409-617-5000 18,300,000 New Martin Elementary 2011 Beaumont Beaumont I.S.D. School Jefferson 3395 Harrison Texas Beaumont Texas 77706 409-617-5000 16,000,000 New Blanchette 2011 Beaumont Beaumont I.S.D. Elementary School Jefferson 3395 Harrison Texas Beaumont Texas 77706 409-617-5000 15,500,000 Thomas Edison 2011 Port Arthur Port Arthur I.S.D. Middle School Jefferson 733 5th Street Texas Port Arthur Texas 77640 409-617-5000 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 14,000,000 New Amelia 2010 Beaumont Beaumont I.S.D. Elementary Jefferson 3395 Harrison Texas Beaumont Texas 77706 409-617-5000 4,500,000 Travis Elementary 2010 Port Arthur Port Arthur I.S.D. Renovations Jefferson 733 5th Street Texas Port Arthur Texas 77640 409-989-6244 3,100,000 Stadium Renovations 2010 Port Arthur Port Arthur I.S.D. Jefferson 733 5th Street Texas Port Arthur Texas 77640 409-989-6244 85,000,000 Memorial High 2009 Jefferson Port Arthur I.S.D. School New Facility Port Arthur 733 5`h Street Texas Port Arthur, Texas 77640 409-989-6244 12,400,000 New Memorial High 2009 Jefferson Port Arthur I.S.D. School C.A.T.E Port Arthur 733 5`h Street Building Texas Port Arthur, Texas 77640 409-989-6244 5,960,000 New Practice Gyms 2008 Beaumont Beaumont I.S.D. Marshall, Austin, Odom Jefferson 3395 Harrison Vincent Middle Schools Texas Beaumont Texas 77706 409-989-6244 10,000,000 Robert E. Lee 2007 Port Arthur Natex Corporation Elementary Jefferson 2500 Wilcrest 3'Floor Texas Houston, Texas 77042 713-975-9525 18,000,000 McDonald Gym 2007 Beaumont Lockwood Andrews Newnam Recreational Facility Jefferson 2925 Briarpark Drive Lamar University Texas Houston, Texas 77042 713-266-6900 9,000,000 DeQueen Elementary 2006 Port Arthur Long Architects Inc. School Facility Jefferson 6465 Calder Suite 206 Texas Beaumont Texas 77706 409-866-3443 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 670,000 Kinsel Lincoln 2005 Beaumont 5 Kinsel Auto x Freeway Mercury Dealership Jefferson Texas Beaumont,Texas 77706 409-898-4444 5,858,650 Performing Arts 2004 Port Arthur Texas University System Center Jefferson Lamar State College Texas Port Arthur, Texas 77640 1,400,000 Eagle Climatized 2004 Port Neches M.O. Turner Self Storage Jefferson Nederland, Texas 77627 Texas 140,400 Information Tech 2004 Port Neches IS NeElaches, Texas 77651 EH& S Jefferson Texas 211,100 Chlorine Building 2004 Lumberton City of Beaumont Loeb Water Plant Hardin P.O. Box 3827 Texas Beaumont, Texas 77704 4,300,000 Wesley United 2004 Beaumont LaBiche Architectural Group Methodist Church Jefferson 7999 Gladys Suite 101 Texas Beaumont,Texas 77706 295,000 Customer Service 2003 Port Neches IS NeElaches, Texas 77651 Building Jefferson Texas 369,000 City of Port Neches 2003 Port Neches LaBiche Architectural Group Service Center Jefferson 7999 Gladys Suite 101 Building Texas Beaumont, Texas 77706 8,690,424 Five-Story Parking 2002 Beaumont Hellmuth Obata& Kassabaum Garage St. Elizabeth Jefferson 2800 Post Oak Blvd Ste 3700 Hospital Texas Houston, Texas 77056 413,000 Kinsel Chrysler-Jeep 2002 Beaumont Kinsel Auto Mall Mazda Showroom Jefferson 3355 Eastex Freeway Texas Beaumont, Texas 77706 735,700 Beaimiont Pediatrics 2002 Beaumont The LaBiche Architectural Group Center Memorial Jefferson 7999 Gladys Suite 101 Hermann Hospital Texas Beaumont, Texas 77706 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 345,000 Kinsel Auto Mall 2002 Beaumont Kinsel Auto Mall &Facilities Jefferson 3355 Eastex Freeway Texas Beaumont, Texas 77706 8,661,400 Southeast Texas 2002 Beaumont Long Architects Entertainment Jefferson 6465 Calder Suite 206 Amphitheater Facility Texas Beaumont, Texas 77706 200,000 Ferguson Baseball 2001 Beaumont Ferguson Sports Foundation Practice Building Jefferson 490 Park Street Texas Beaumont, Texas 77701 15,869,200 Pietzsch-MacArthur 2000 Beaumont Beaumont Independent School District Elementary Jefferson 3395 Harrison Texas Beaumont,Texas 77706 23,000,000 Silsbee High 2000 Silsbee Silsbee Independent School District School Hardin 415 West Avenue N Texas Silsbee, Texas 77656 5,000,000 Newton Middle 1999 Newton Bay Architects,Inc. School Newton 18201 Gulf Freeway Texas Webster, Texas 77598 355,850 MRI Addition 1999 Beaumont Milton Bell Associates Beaumont Bone . Jefferson 711 San Jacinto Building & Joint Institute Texas Beaumont,Texas 77701 6,100,000 Ozen High School 1999 Beaumont Architectural Alliance Additions-Alteration Jefferson 6654 Phelan Blvd. Texas Beaumont,Texas 77706 9,120,000 Dishman Elementary 1999 Beaumont Bay Architects, Inc Jefferson 18201 Gulf Freeway Texas Webster, Texas 77598 25,000,000 Water Treatment 1998 Port Arthur Black&Veatch,Inc. Plant Contract II Jefferson 5728 LBJ Freeway Suite 300 &Plant Buildings Texas Dallas, Texas 75240 2,000,060 Monsignor Kelly 1997 Beaumont Steinman&Associates High School Jefferson 390 Ninth Street Multipurpose Bldg. Texas Beaumont, Texas 77702 9 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 2,500,000 Austin Middle 1997 Beaumont Bay Architects, Inc. School Jefferson 18201 Gulf Freeway Texas Webster, Texas 77598 565,997 Beaumont Institute 1995 Beaumont Bruce Baxter Architect Jesus Christ of Jefferson 2307 North Street Ladder Day Saints Texas Beaumont, Texas 77702 18,500,000 Golden Triangle 1995 Beaumont Texas Youth Commission State School Jefferson P. O. Box 4260 Texas Austin, Texas 78765 2,787,700 Hardin County 1994 Kountze Adams,Richardson, &Fisher, Inc. Jail Addition Hardin 1313 S. John Redditt Drive Texas Lufkin, Texas 75901 899,250 West Harbor Island 1994 Beaumont Architectural Alliance Transit Shed Jefferson 6654 Phelan Boulevard Texas Beaumont,Texas 77706 96,031 Replace Roof on 1994 Beaumont Goodyear Tire &Rubber Finishing Building Jefferson P.O. Box 26003 ',� Texas Beaumont, Texas 77720 i I' r 10,500,000 Jefferson County 1993 Beaumont Jefferson County Commissioners 1 Correctional Jefferson P.O. Box 4025 Facility Texas Beaumont, Texas 77704 162 454 Campus us Site Work 1992" Port Arthur Moore Stansbury&Vaught Architect IV Lamar University Jefferson 3100 25th St reet Texas Port Arthur, Texas 77640 183,250 Additions/Alterations 1992 Beaumont Gordy&Huffhines, Inc. to Recital Hall Jefferson 479 Pine Street Lamar University Texas Beaumont, Texas 77701 206,400 Carl Parker Building 1992 Beaumont Moore Stansbury&Vaught Architects Photographic a hic Services Jefferson 3100 25th Street Reconstruct ion Texas Port Arthur, Texas 77640 1,700,000 Commercial 1991 Nederland, AMI Mid-Jefferson Hospital Construction Jefferson Highway 365 @ 27th Street Texas Nederland, Texas 77627 r- ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 698,000 Lab,Maintenance 1991 Beaumont Goodyear Tire&Rubber Company &Power House Jefferson P.O. Box 26003 Constr. &Renov. Texas Beaumont, Texas 77720 105,000 New Branch 1991 Beaumont Parkdale Bank Bank Facility Jefferson P. O. Box 3567 Washington Blvd. Texas Beaumont, Texas 77726 191,000 CT Scan 1991 Nederland AMI Mid-Jefferson Hospital Facility Jefferson Highway 365 &27th Street Texas Nederland, Texas 77627 750,000 Ash Containment 1991 Port Arthur Schaumburg& Polk,Inc. Storage Area- Jefferson 8865 College Street Building Texas Beaumont, Texas 77707 2,045,000 Commercial 1990 Beaumont M-EvIR of Southeast Texas Construction Jefferson 2850 S. 8`h Street Texas Beaumont, Texas 77701 125,000 Foundation 1990 Port Arthur Star Enterprise and Building Jefferson P. O. Box 712 Texas Port Arthur, Texas 77641 125,200 Operator's 1990 Port Arthur Star Enterprise Shelter,VPS #2 Jefferson P. O. Box 712 Texas Port Arthur, Texas 77641 150,000 Engineering 1989 Port Arthur Star Enterprise & Drafting Jefferson P. O. Box 712 Space Renov. Texas Port Arthur, Texas 77641 647,455 Expansion of 1988 Beaumont Lamar University North Central Jefferson P.O. Box 10016 Plant Utilities Texas Beaumont, Texas 77710 692,080 Additions 1988 Beaumont Parkdale Bank &Renovations Jefferson P.O. Box 7588 to Bank Texas Beaumont, Texas 77706 1,411,111 Warehouse 1987 Beaumont Tideland Specialty Addition Jefferson P.O. Box 4046 Texas Beaumont, Texas 77704 ALLCO SELECTED LIST OF COMPLETED COMMERCIAL PROJECTS Contract Class of When Where Located Owner or Amount Work Completed City/County/State Owner Representative 165,253 Bank 1987 Port Arthur Mbank-Port Arthur Renovations Jefferson P.O. Box 1000 Texas Port Arthur, Texas 77641 395,741 Addition to 1987 Beaumont St. Andrews' Presbyterian Church Jefferson 1350 23rd Street Texas Beaumont,Texas 77706 133,814 Alterations 1987 Beaumont Southwestern Bell Telephone Company to Building Jefferson 3100 Main, Room 609 Texas Houston, Texas 77002 161,852 Emergency 1986 Conroe Doctors Hospital Room Montgomery P.O. Box 1349 Alterations Texas Conroe, Texas 77301 202,093 Bank Bldg. 1986 Beaumont MBank-Beaumont Renovations Jefferson P.O. Box 3567 Texas Beaumont, Texas 77704 ALLCO REFERENCES BEAUMONT INDEPENDENT SCHOOL DISTRICT MS.NAKISHA MYLES nmyles@bmtisd.com 409-617-5042 -phone 409-923-1015 -fax PORT ARTHUR INDEPENDENT SCHOOL DISTRICT REED RICHARD rrichard@paisd.org 409-989-6200 -phone 409-983-7499 -fax PORT NECHES INDEPENDENT SCHOOL DISTRICT JEFF BERGERON jbergeron@pngisd.org 409-722-4483 -phone 409-724-7864 -fax LONG ARCHITECT PHILIP LONG plong@longarchitects.com 409-866-3443 -phone 409-866-3603 -fax SHW ARCHITECTS ERIN MACHAC emachac@stantec.com 713-548-5700 -phone 713-548-5701 -fax ARCHITECTURAL ALLIANCE RONNIE JONES rjones@architect-aia.com 409-866-7196-phone 409-866-7199 -fax PBK ARCHITECTS STEVE DAYLOR(now with Huckabee 281-520-4995) sdaylor@Huckabee-inc.com 713-965-0608 -phone 713-961-4571 -fax 4. Have you ever failed to complete any work awarded to you? NO If so,where and why? _ • — 5. in what manner have you inspected this proposed work? Explain in detail. ATTENDED THE PRE-BID AND VISITED TOBSITE. 6_ Explain your plan or layout for performing the proposed work: IN ACCORDANCE VY TI HF nT auc nun SpF('TFTCATTONS 7. The work, if awarded to you,will have the personal supervision of whom? (a) I{or administrative management? KEITH BURRELL (b) For resident construction superintendence? ROGERBUDRO (c) What experience in this type of work is enjoyed by the superintendent designated under(b)above? ROGER HAS OVER 40 YEARS IN THIS INDUSTRY. l;. What portions of the work do you intend to sub-let? ELECTRICAL 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 SeNice Location PLEASE SEE THE ATTACHED. 1Q. Have you received firm oilers for all major items of equipment within prices used in. preparing your. proposal? 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List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Arrount Work Complete 3r Contracting Officer PLEASE SEE THE ATTACHED. Dated at BE UMONT_. this 24TH day of MAY ,"0 23. Ictik T.W.HARRISON TITLE: PRESIDENT • . ,J i P-4 ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 73,643,000 Main Wastewater 15% Port Arthur City of Port Arthur Treatment Plant Jefferson 444 Fourth Street Improvements Texas Port Arthur, Texas 77640 13,371,000 Military Housing 85% Pineville Louisiana Military Department Camp Beauregard Beauregard 718 E Street Louisiana Pineville,LA 71360 25,241.000 Colliers Ferry Pump 40% Beaumont Freese&Nichols Station Jefferson 11200 Broadway Ste 2320 Beaumont Pearland, TX 77584 2,320,000 Harvey Infrastructure 50% Beaumont City of Bevil Oaks Improvement Project Hardin 13560 River Oaks Blvd. Texas Beaumont,Texas 77713 4,377,370 Street Rehabilitation 1% Port Arthur City of Port Arthur Program District 1 Jefferson 444 4`h Street Texas Port Arthur, Texas 77640 21,804,200 MCMUD#8 Biological 75% Conroe Jones/Carter Nutrient Removal Montgomery 6330 West Loop South Ste 150 WWTP Texas Bellaire Texas 77401 11,656,000 Harris County 90% Cypress DAC Engineers MUD#165 WWTP Harris 17725 Katy Freeway Ste 103 Expansion Plant#2 Texas Houston, Texas 77094 Phase 1 281-506-7119 10,000,000 Florida 85% N/S Florida Florida DEO Commercial/Residential Various 107 E. Madison St. Disaster Recovery Florida Tallahassee,Florida 32399 850-717-8449 9.975,000 Wastewater Treatment 98% Magnolia City of Magnolia Plant Expansion Montgomery 18111 Buddy Riley Blvd Texas Magnolia, Texas 77354 281-356-2266 ALLCO LIST OF PROJECTS NOW ENGAGED IN COMPLETING Contract Class of Percent Where Located Owner or Amount Work Completed City/County/State Owner Representative 8,298,511 City of Anahuac 88% Anahuac LJA Engineers WWTP Expansion Chambers 2615 Calder Ste 500 Contract C Texas Beaumont, Texas 77702 409-833-3363 2,919.258 R.W. Vincent 85% Sulphur Calcasieu Parish Boards Elementary Calcasieu 3310 Broad Street Hurricane Repairs Louisiana Lake Charles, LA 70615 1.817,000 Vinton Middle 85% Vinton Calcasieu Parish Board School&Elementary Calcasieu 3310 Broad Street School Repairs Louisiana Lake Charles, LA 70615 2,627,382 City Jasper ARPA 80% Jasper LJA Engineers Sanitary Sewer Line Jasper 2615 Calder Ste 500 Replacement Texas Beaumont,TX 77702 3,034,384 Placement Area 8 25% Port Arthur Sabine Navigation District Levee Project Jefferson 8180 Anchor Drive Texas Port Arthur, TX 77642 1,664,700 Pine Street SWTP 15% Beaumont City of Beaumont Polymer System& Jefferson 801 Main Street Chemical Storage Tank Texas Beaumont,TX 77701 1,380,355 El Vista Sanitary Sewer 0% Port Arthur City of Port Arthur Force Main Replacement Jefferson 444 4th Street Texas Port Arthur, TX 77640 2,341,725 City of Orange Meeks 0% Orange Schaumburg&Polk Water Treatment Plant Orange 8865 College Street Improvements Texas Beaumont, TX 77707 808.376 9th Avenue Sanitary 0% Port Arthur City of Port Arthur Sewer Main Replacement Jefferson 444 4th Street Texas Port Arthur, TX 77640 SECTION Q CERTIFICATE OF INTERESTED PARTY FORM ADDITIONAL CONDITION OF AWARD— DISCLOSURE OF INTERESTED PARTY FORM: NEW OBLIGATION OF THE CITY TO RECEIVE INFORMATION FROM WINNING BIDDER Effective January 1, 2016, pursuant to Texas Government Code, Section 2252.908 (the"Interested Party Disclosure Act"), the City may not award a contract to a bidder unless the bidder submits a Certificate of Interested Parties Form 1295 (the"Disclosure Form")to the City as prescribed by the Texas Ethics Commission ("TEC"). In the event that the bidder's bid for the City of Port Arthur, is the best bid received, the City or its consultant, will promptly notify the bidder. That notification will serve as the conditional verbal acceptance of the bid. Upon this acceptance, the winning bidder must promptly, not later than TIME (CST) on the DATE, file the materials described below. PROCESS FOR COMPLETING THE DISCLOSURE FORM The Disclosure Form can be found at https://www.ethics.state.tx.us/forms/1295.pdf, and reference should be made to the following information in order to complete it: (a) item 2 —Name of City("City of Port Arthur") (b) item 3 — the identification number("City of Port Arthur"), and (c) item 3 —description of the goods or services assigned to this contract by the County ("Construction Services for City of Port Arthur" You must: I) complete the Disclosure Form electronically at the TEC's "electronic portal", and 2) print, sign and deliver a NOTARIZED copy (scanned and emailed is tine) of the Disclosure Form and Certification of Filing that is generated by the TEC's "electronic portal." The following link will take you to the electronic portal for filing: https://www.ethics.state.tx.us/TECCertlnt/pages/login/certLogin jsf Also, a detailed instruction video may be found here: https://www.ethics.state.tx.us/whatsnew/elf info form 1295.htm Neither the County nor its consultants have the ability to verify the information included in a Disclosure Form, and neither have an obligation nor undertake responsibility for advising any business entity with respect to the proper completion of the Disclosure Form. CERTIFICATE OF INTEF STED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-1024341 ALLCO, LLC BEAUMONT, TX,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/22/2023 being filed. CITY OF PORT ARTHUR Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Bid#P23-043 Dallas Avenue&4th Street EST Piping Repairs 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is T.W. HARRISON , and my date of birth is 3-06-1953 My address is 6720 COLLEGE BEAUMONT TEXAS, 77707 USA . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. JEN'FERSON tJ f ,i Executed in �'N, ; • �'"County, State of TEXAS ,on the 24 day of MAY ,20 23 ` ./- = (month) (year) i . Signature of authorized agent of contracting business entity // "°°" . (Declarant) N. Forms provided by Texas Ethics Commissr �o'ra, ••,',"www.ethics.state.tx.us Version V3.5.1.a18ea2ca SECTION R CONFLICT OF INTEREST FORM FORM ClQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is beinc filed in accordarce with Chapter 175,Local Government Code,by a vendor who Dme RHcrvr a has a business relationship as defined by Sedior 1760010-a)with a local governmental entity and the vendor meets requirements under Section 176.005(aj, By law this questionnaire must be tiled with the records administrator of the local governmental entity not tater than.the Ali business day after the date the vendor becomes aware of fads that.require the statement to be filed. See Section 175.806(a-1),Local Government Cece. A vendor commits an offense if the vendor knowingly u;otates Section 176.0055, Local Government Code.An offense;ender this section is a misdemeanor, Name of vendor who has a business relationship with local governmental entity. ALLCO LLC Check this box if you are filing an update to a previously tiled questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than the 7th bus ness day atter the dale on which you became aware that the o:iginallyr filed questionnaire was incomplete or inaccurate.) ,J Name of local government officer about whom the information is being disclosed. CITY OF PORT ARTHUR Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe arty family relationship with the tocat government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes © No B. is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes f X NG Describe each employment or business relationship that the vendor named in Section i maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. N/A _ _ . . Check this box if the vendor has giver the iccal government officer or a family member of the officer ore or more gifts as described in Section 176.003(a)(2)(B), excludinOgi e r 1p ection 176.003(a- NNI 1)- IVIAY 24,2023 Signa.ure vend..r ing txisiness with the cevemmeatol entity--•` ° rate _ TM. HARRISON - PRESIDENT .• S //, ....... t•t`````i �� CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a4:"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state,or local governmental entity or an agency of a federal, state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12- month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a); or (C) of a family relationship with a local government officer. . Q) j rn A N \; a Cfr N N © E N N' o C O E Q --,(13 . I.) 0 ,-c E - ;._,(1..) , . :t L. O ,, , a) z :.. n 0 71-a..) O 0 :_ U 0 NN L Q cn r`; d.. 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