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HomeMy WebLinkAboutPR 23270: NORTH SEWER PLANT WATERLINE PROJECT Y nrt rt{tur INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT- Date: July 21, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR 23270—North Sewer Plant Waterline Project Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to execute a contract with Global Drilling, Inc. of Winnie, Texas, for construction of the North Sewer Plant Waterline. Background: The North Sewer Plant is in need of a waterline for proper cleaning of the lift station. Fittz & Shipman of Port Arthur, 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. Council approved Resolution No. 23-091, authorizing payment for the permit fees to Kansas City Southern for the waterline permit. Budget Impact: The North Sewer Plant Waterline Project has a projected budgetary impact of $179,000.00. Funding is available in City Account No. 405-40-000-8516-00-00-000, Project No. WS-0017 CON. Recommendation: It is recommended that City Council approve PR 23270, as discussed/outlined above. "Remember, we are here to serve the Citizens of Port Arthur" PR No. 23270 7/21/23 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH GLOBAL DRILLING, INC. OF WINNIE, TEXAS, FOR THE NORTH SEWER PLANT WATERLINE PROJECT WITH A PROJECTED BUDGETARY IMPACT OF $179,000.00; FUNDS ARE AVAILABLE IN ACCOUNT NO. 405-40-000-8516-00-00-000, PROJECT NO. WS- 0017 CON. WHEREAS, the North Sewer Plant is in need of a waterline for operation and proper cleaning of the lift station; and, WHEREAS, the City of Port Arthur hired Fittz & Shipman of Port Arthur, Texas as Project Engineer to oversee the project; and, WHEREAS, the City of Port Arthur advertised for bids in the Port Arthur News on May 17 and 24, 2023 for the North Sewer Plant Waterline Project under Bid No. P23-049; and, WHEREAS, Fittz & Shipman, Inc. recommends awarding the project to the lowest and most responsive bidder, Global Drilling, Inc. of Winnie, Texas, with a projected budgetary impact of$179,000.00 as delineated in Exhibit"A"; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Manager 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 Global Drilling, Inc. of Winnie, Texas for the North Sewer Plant Waterline Project, with a projected budgetary impact of$179,000.00; and, THAT, funding for this contract is in City Account No. 405-40-000-8516-00-00-000, Project No. WS-0017 CON. 1 PR No. 23270 7/21/23 bw Page 2 of 3 THAT, a copy of the caption of this resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of , 2023, 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: ilAlk Valecia Ti no ticl City Attorney PR No. 23270 7/21/23 bw Page 3 of 3 APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Calvin Matthews, P.E. Water Utilities Director APPROVED AS TO FUND AVAILABILITY: Kandy Daniel Finance Director Lz Clifton Williams, CPPB Purchasing Manager EXHIBIT "A" U C C a) E a L u)N L LL Tag 0 0 0 0 0 0 0 0 0 0 O'C O O {Op O O O O O O 0 H a 0 0 0 0 m 0 0 0 0 N m LO 0 N N i!) O O u) N N .- O a- O O m N .- CO - o Q co N V CO M. i n j o 0 0 0 0 0 0 0 0 0 a O O ��p' O O O O O N "' X O O co N U) 0 0 0 N o 0 0 N N CO O 0 L[) 0 N 0 N O N Y a 2 m a o= 0 0 0 0 0 0 0 0 0 0 a O O O N O O ad 0 0 1) 44 a 0 0 0 m 0 0 m 0 0 O m O CO N O O)0 t7 In a- CO a- V O O n n fA n N c 01 0 0 0 0 0 0 0 0 0 inc' >'`-' 0 0 0 0 0 0 0 0 0 a 0 o o m 0 0 m 6 0 o0vo) CO Ma- 0m0n oN •-poi.= 1 O J al J a) Q CO la a O C O O O O O O O O O O I-a 0 0 06 0 0 06 0 0 a N 0 0 N m o N 0 ON o m n to N CO n LO M O n N N Is C a 1) VP _ r C U O O O O O O O O O - Eg 0 0 0 0 0 0 0 0 0 x a 0 0 0 0 0 0 0 0 0 N M O W O 1- 0 40 TNN0 0 0 • q g O .- N N 0 0 _ N Vo N („, m E W N U m LL I- z D 0 m 2 a < C J O I- C O W a rn c m m o E o y c r a) 15- O y C c L oo o a1 N C U a) 3 O W-O c 2/y a) E. N C J c C yX O`E'0 N Z a7C-�N„' -0 L. 0 01 O) .p-. a) a)LL C a) C C 3 0 m o N C. c y 2 U Uc U J C ` dmCpOLi a) N0 '` .aH . c[A u)F io0U WQ-oy _ E ~ x 2z ' cirncnLLLL<rnrnu 1-1Vi < J J J J W J J J' U_ LL 3 CO N V17 ry� m x Trio . 00 �-to N 0 W a H d m m QL m Z_ u W d L Z r O CA d a m o L<N 0 m - N 0/ 7 u co n a- ) co O m p O v o - zamm EXHIBIT "B" SPECIFICATIONS AND CONTRACT DOCUMENTS NORTH SEWER PLANT WATERLINE city itti of „rr rthttr CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS MAY 2023 Prepared by: Fittz&Shipman INC, Consulting Engineers and Land Surveyors T.B.P.E FIRM No. F-01160 T.X.L.S FIRM No. 100186 501 Procter Street, Suite 323 Port Arthur, TX 77640 (409) 832-7238 TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID E. BID BOND F. GENERAL CONDITIONS G. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE H. SUPPLEMENTAL GENERAL CONDITIONS Part A Part B I. PAYMENT BOND J. PERFORMANCE BOND K. ROADWAY REPAIR BOND L. NOTICE OF AWARD M. NOTICE TO PROCEED N. INSURANCE O. TECHNICAL SPECIFICATIONS P. QUALIFICATION STATEMENT Q. HOUSE BILL 89 VERIFICATION R. NON-COLLUSION AFFIDAVIT S. AFFIDAVIT T. SB 252 CHAPTER 2252 CERTIFICATION U. CHILD SUPPORT CERTIFICATION 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 Global Drilling, Inc. a Corporation , herein acting by and through Baker Mohammad , 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 North Sewer Plant Waterline Project 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 45 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 $179,000.00 , 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 (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Scale (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Roadway Repair Bond (L) Maintenance Bond (M) Notice of Award (N) Notice to Proceed (0) Insurance (P) Specifications A-1 Addenda: No. , dated , 20 No. , dated , 20 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: City of Port Arthur BY: CONTRACTOR: NAME: TITLE: BY: NAME: ADDRESS: [CORPORATE SEAL] ATTEST: NAME: A-2 SECTION B ADVERTISEMENT FOR BIDS THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY L.HAMILTON,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: A SHERRI BELLARD,TRMC WILLIE BAE LEWIS CITY SECRETARY KENNETH MARKS o r t r rt u r THOMAS J.KINLAW III VAL TIZENO DONALD FRANK SR, Texas CITY ATTORNEY MAY 26, 2023 INVITATION TO BID NORTH SEWER PLANT WATERLINE DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time,Wednesday,June 7,2023 (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,June 7, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-049 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writinj to: City of Port Arthur, TX Yolanda Goudeaux, Purchasing Assistant P.O. Box 1089 Port Arthur, TX 77641 Yolanda.goudeaux@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. YoGanola Scupion—Goptiexar Yolanda Scypion-Goudeaux Purchasing Assistant Page 2 of 18 INVITATION TO BID NORTH SEWER PLANT WATERLINE (To be Completed ONLY IF YOU DO NOT BID) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: P g Mailing Address: Email: City, State, Zip Code: Date: Page 3 of 18 NON-MANDATORY PRE-BID CONFERENCE A Non-Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for North Sewer Plant Waterline is scheduled for May 30, 2023 at 10:00 A.M., in the 5th Floor Council Chambers located at 444 4th Street, Port Arthur, Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Page 4 of 18 CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR BIDS Notice is hereby given that sealed bids, addressed to the City of Port Arthur, will be received at the Office of the City Secretary, City Hall 444 4th Street or P. O. Box 1089, Port Arthur, Texas 77641 no later than 3:00 p.m., Wednesday ,June 7, 2023 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, June 7, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: NORTH SEWER PLANT WATERLINE Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthur.net or www.publicpurchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR 10:00 A.M. ON TUESDAY, MAY 30, 2023 AT CITY HALL, IN THE 5TH FLOOR COUNCIL CHAMBERS. 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. Yaw/rola BScUpr'oM-Gotdeagx Yolanda Scypion-Goudeaux Purchasing Assistant FIRST PUBLICATION: May 17, 2023 SECOND PUBLICATION: May 24, 2023 CITY OF PORT ARTHUR,TEXAS !1,r 1-t 1,;,r ADDENDUM NO. ONE (1) 1 June 6,2023 BID FOR: NORTH SEWER PLANT WATERLINE BID NUMBER-P23-049 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, June 14, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m.on Wednesday,June 14,2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 2. Typically, KCS Railroad requires Cooper E-80 shoring for bore pits, of the depth that this project requires. The details shown on the drawings for the bore pits, are shored with trench boxes. Trench boxes are not Cooper E-80 rated. The last 2 bores we performed under KCS Railroad required Cooper E-80 shoring. Please verify. I called KCS and verified that Cooper E-80 is used if the boring is happening within the R/W. For this project we will be at least 50' out of the railroad and all boring will be done outside the Railroad R/W. We can use conventional dry bore method. 3. KCS uses a third party(Bartlett&West) flagger and construction observer for all their bores. Again, typically this costs roughly $3000 per day. Will this cost be subsidiary to the construction or can an allowance be added to the bid for this expense I verified that KCS is using Wilson Company as their third-party flagger and construction inspector. This cost will be part of the construction cost. Flagger and inspector are at a rate of$2,700 per day and $500 mobilization fee. Flagger is only needed when boring under the railroad and the construction inspector is required to inspect the shoring and the casing. Otherwise, the contractor can dig and make preparation. We will need to verify when the permit has been executed. The City is working on this now. 4. Railroad Protective Liability insurance will be required to be purchased to perform this bore. This requirement should be mentioned in the railroad permit. Please verify. See below Page 1 of 3 CM or =:' CITY OF PORT ARTHUR,TEXAS ?„ , „;- -�— ADDENDUM NO. ONE (1) June 6, 2023 INSURANCE REQUIREMENTS: Show The Kansas City Southern Railway Company and its Affiliates.427W. 12t` St.. Kansas City. MO 64105 as a Certificate Holder forthe following: • Maintain comprehensive general liability (GL). and contractual liability insurance with minimum limits of S2.000.000 per occurrence. S4.000.000 aggregate: • Auto liability coverage in the amount of S1.000_000 combined single limit: • Provide or require minimum statutory worker's compensation coverage for all covered employees who are on KCS and its Affiliates property: • No policy will be canceled or materially altered without first giving KCS and its Affiliates thirty (30). days prior written notice: • Commercial general liability policy will name The Kansas City Southern Railway Company and its Affiliates as additional insured: • Will contain a waiver of subrogation in favor of KCS and its Affiliates. • IMPORTANT: The name on the insurance certificate MUST match the name on the License Agreement. Show The Kansas City Southern Railway Company and its Affiliates.427W. 12t St._Kansas City. MO 64105 as the Insured for the following: • Railroad Protective Liability Insurance (RPLI) naming The Kansas City Southern Railway Company and its affiliates as insured - S2.000.000 per occurrence. S6.000.000 aggregate. To obtain this policy. please visit www.123ocp.com. The RPLI is typically provided by the Contractor PLEASE NOTE: *****TheGL and RPL FareTWO separate policies,they cannot be combined on one form since (CS is the Certificate Holder on the Liability Insurance and the insured on the Railroad Protective Liability insurance**** 5, The dry bore entry pit will need to be 40' long. Is the city easement wide enough for this? If not, does the city have a temporary construction easement for this pit? Yes, the city will need to secure easements for this bore to include temporary easement. 6. This entry pit will be in the steel yard of the property. This area appears to be paved. Will cement stabilized sand be required for backfill of the pit? What type of surface restoration will be required? This pit will be approximately 40' long x 8' wide x 20' deep, so stabilized sand will be a significant cost. Restoration will be in kind. So, if construction requires demolition of paved surfaces then we will need to restore that paved surface. Select fill will be required at 2' 6"min at the top of the surface. I would like to re-use the existing material that was excavated in between the river sand 1.5' required at the bottom and the 2.5' select fill on top. 7. Bid Schedule has only two (2)pages D-1 &D-7 If you have any questions,please contact the Purchasing Division at 409-983-8160. Page 2 of 3 S.ff1 r+f ^- CITY OF PORT ARTHUR,TEXAS f r f i r t« ADDENDUM NO. ONE (1) ,�, June 6,2023 NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS Yolanda Scc rn n-(7ardeax' Yolanda Golitleaux Purchasing Assistant Signature of Proposer Date Company Vendor Name Page 3 of 3 CITY OF PORT ARTHUR, TEXAS *Pt rritz ADDENDUM NO. TWO (2) �-� June 12, 2023 BID FOR: NORTH SEWER PLANT WATERLINE BID NUMBER-P23-049 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, July 5, 2023. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday,July 5,2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS Yolanda Goudeaux Purchasing Assistant Signature of Proposer Date Company Vendor Name Page 1 of 1 Cat of CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. THREE (3) urt rrhur June 15,2023 BID FOR: NORTH SEWER PLANT WATERLINE BID NUMBER-P23-049 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. Please see attached. General Note#17. Was added: 2. The Contractor shall use the Port Arthur Property (North Sewer Plant) as the main base of operation. 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I i d' i *s 1.4 F n $j O O'O R d p A rm¢r,cnuu.o+te ,�. e-is Tzo,� w y m Z o co,f CITY OF PORT ARTIIi'R •. i Fittz&Shipman s o 00 ,-i 9 z9 NORTH SEWER PLANT 6 r INC- 1 o ,N S S 6 PORT'TWIN CITY TEl"ASHIGHWAY e & r r ��� 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. C-I The Bidder to whom the award is made shall execute and return the formal Contract with the OWNER and furnish Performance and Payment Bonds and required insurance Documents within ten (10) days after the prescribed forms are presented to him for signature. Said period will be extended only upon written presentation to the OWNER,within said period, of reasons which, in the sole discretion of the OWNER,justify an extension. If said Contract, bonds and insurance Documents are not received by the OWNER within said period or if work has not been commenced within the time specified, the OWNER may proceed to have the work required by the Plans and Specifications performed by any means at its command, and the Bidder shall be liable to the CITY OF PORT ARTHUR for any excess cost to the OWNER over his bid amount. Further, the bid guarantee shall be forfeited to the CITY OF PORT ARTHUR as liquidated damages and Bidder shall be liable to the CITY OF PORT ARTHUR for an additional amount of five percent (5%) of the bid amount as liquidated damages without limitation. The OWNER, within fifteen(15) calendar days of receipt of acceptable Performance and Payment Bonds, Insurance Documents and Contract signed by Bidder to whom Contract was awarded, shall sign and return executed duplicate of the Contract to said party. Should OWNER not execute the Contract within such period, the Bidder may, by written Notice to OWNER, withdraw his signed Agreement. 3. BONDS If the Contract exceeds Fifty Thousand Dollars ($50,000.00), a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000) a performance bond also, shall be furnished on prescribed forms in the amount of one hundred percent (100%) corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each Bond a certified and effective date copy of their Power of Attorney. 4. NOTICE TO PROCEED Notice to Proceed shall be issued within fifteen(15)calendar days of the execution of the Contract by OWNER. Should there by any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. If Notice to Proceed has not been issued within the fifteen(15)calendar day period or a period mutually agreed upon, CONTRACTOR may terminate the Contract without liability on the part of either party. 5. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The CONTRACTOR shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable of the following types and limits (No insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount[or specific formula for determining a specific dollar amount]aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance). 1. Standard Worker's Compensation Insurance (with waiver of subrogation in favor of the City of Port Arthur, (City of Port C-2 Arthur and Contractor and all persons providing services shall comply with the worker's compensation insurance requirements of Section 406.096 of the Texas Labor Code and 28 TAC Section 110.110, a copy of which is attached hereto and is hereby incorporated by reference). 2. Commercial General Liability occurrence type insurance. No. "XCU" RESTRICTIONS SHALL BE APPLICABLE. Products/completed operations coverage must be included, and City of Port Arthur and Arceneaux and Gates Consulting Engineers, Inc., A Burrow Global Company, its officers, agents, and employees must be named as an additional Insured). a. Bodily Injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or, b. Bodily Injury $1,000,000 single limit per occurrence of$1,000,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, c. Property Damage $100,000 per occurrence regardless of Contract amount; and, d. Minimum aggregate policy year limit of$1,000,000 for contracts of$100,000 or less; or, e. Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Comprehensive Automobile Liability (Including owned, non- owned and hired vehicles coverage). a. Minimum combined single limit of$500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this Contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location; 5. All-Risk Builder's Risk of the non-reporting type (not required for paving projects, water and sewer line projects or projects involving lump sum payments). C-3 CONTRACTOR shall cause CONTRACTOR'S insurance company or insurance agent to fill in all information required(including names of insurance agency, CONTRACTOR and insurance companies, and policy numbers, effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE form attached to and made a part of the Information To Bidders, and pertaining to the above listed Items 1, 2, 3 and 4; and before commencing any of the work and within the time otherwise specified. CONTRACTOR shall file said completed form with the OWNER. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least fifteen (15) days prior written notice has been given to the OWNER. CONTRACTOR shall also file with the OWNER valid CERTIFICATE(s)OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with OWNER not more than ten (10)days after execution of this Contract. The original Builder's Risk policy(if required)shall provide for fifteen (15)days written notice of alteration, modification or cancellation and shall be furnished to OWNER. Provided, however, until the Original Policy is issued and furnished to the OWNER a Certified Insurance Binder with the identical notice will be acceptable in place of the original policy, which original policy must be received by the OWNER not later than thirty (30) days after issuance of the Notice to Proceed for the project. Notwithstanding any other provision in the Contract Documents, it is further mutually understood and agreed that no payment will be due and owing or made to the CONTRACTOR for any work performed under the Contract until all of the required insurance documentation, including the original policy specified above, are received by the OWNER. 6. JOB EXAMINATION Bidder should carefully examine and be familiar with the Plans, Specifications and other Documents and other conditions and matters which can in any way affect the work or the cost thereof. By submitting a bid,the CONTRACTOR acknowledges that he or his qualified representative has visited the job site and investigated and satisfied himself as to (a) the conditions affecting the work including but not limited of the physical conditions of the site which may bear upon site access, handling and storage of tools and materials, access to water, electric or other utilities or otherwise affect performance of required activities; (b)the character and quantity of all surface and subsurface materials or obstacles to be encountered in so far as this information is reasonably ascertainable from inspection of the site, including exploratory work done by the OWNER or a designated consultant. Failure to do all of 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. C-4 7. SALES TAX This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Section 151.209 of the Texas Limited Sales, Excise and Use Tax Act as codified in Chapter 151 of the Texas Tax Code. The CONTRACTOR'S attention is directed to the State of Texas Comptroller of Public Accounts Limited Sales, Excise and Use Tax rules and regulations Rulings regarding Repairmen and Contractors - Reference: Section 151.056 Texas Tax Code which, upon compliance with certain conditions, provides for exemption from this tax of non-consumable materials and equipment permanently incorporated into work done for an exempt organization,and to House Bill 11 amendments to Section 151.311 of the Tax Code(Vernon Supp. 1992) as they relate to separated contracts/bids in order for non-consumable materials and equipment to qualify for resale to the Pleasure Island Commission and be exempt from sales tax. Any Bidder may elect to exclude this sales tax from his bid. The bid and contract, however, must separately identify the charges for(1) non-consumable materials and equipment that are permanently incorporated into the project and (2)charges for skill, labor and consumable materials,tools and equipment which are not permanently incorporated into the project. This statement shall be included in and made part of the Contract. CONTRACTORS are required to have a sales tax permit issued by the Comptroller of the State of Texas in order to qualify under the exemption provisions and the separated Contract procedure. The City of Port Arthur will issue a specific exemption certificate for a separated Contract to the CONTRACTOR in order that he does not have to pay taxes on qualifying materials and equipment purchased for and permanently incorporated into the City of Port Arthur project. The CONTRACTOR performing this Contract must issue to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with all applicable State Comptroller's rulings, along with a copy of the certificate issued to him by the City of Port Arthur. The OWNER will make no further allowance for and will make no price adjustment above or below the originally bid unit prices on account of this tax. It shall be the CONTRACTOR'S sole responsibility, if CONTRACTOR has elected to exclude the sales tax from the bid, to comply with the aforementioned Rulings and with any other applicable rules, regulations or laws pertaining to the Texas Limited Sales, Excise and Use Tax which may now or at any time during the performance of this Contract be in effect, and the OWNER shall have no responsibility for any sales or use tax which the CONTRACTOR may be required to pay as a result of CONTRACTOR'S failure or the OWNER'S failure to comply with said rules, regulations or laws, or as the result of the performance of the Contract or any part hereof by the CONTRACTOR. Bidders are cautioned that materials which are not permanently incorporated into the work (Example: Fuel, lubricants,tools,forming materials, etc.)are not eligible for exemption and are not to be included in the statement as "Non-Consumable Materials and Equipment". 8. FINANCIAL STATEMENT AND EXPERIENCE RECORD The Bidder will, upon request by the OWNER,furnish such information and data as OWNER may request to determine ability of the Bidder to perform the work, including, without limitation, a list of all jobs completed in the last 24 months giving name of OWNER, amount C-5 of Contract, description of the job, and name of OWNER'S representative who is familiar with the work performed by the CONTRACTOR. 9. INTERPRETATION OF PLANS AND SPECIFICATIONS Bidders desiring further information,or further interpretation of the Plans and Specifications must make request for such information in writing to the Architect/Engineer, not later than 96 hours before the bid opening. Answers to all such requests will be given in writing to all qualified Bidders, in Addendum form, and all addenda will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a Bidder find discrepancies in, or omissions from,the Plans, Specifications or other Contract Documents,or should a Bidder be in doubt as to their meaning,the Bidder should, no later than 96 hours prior to the bid opening, notify the Architect/Engineer in order that a written Addendum if necessary, may be sent to all Bidders prior to submission of the bids. Failure to request such clarification is a waiver to any claim by the Bidder for expense made necessary by reason of later interpretation of the Contract Documents by the OWNER. 10. AWARD OF CONTRACT Unless it elects to reject all bids, the OWNER will award the Contract as promptly as possible consistent with the time required for a thorough analysis of bids submitted. Award will be made on the basis of the greatest advantage to the OWNER, considering all elements of the bid. The right is reserved to reject any or all Proposals and to waive technical defects, as the interest of the OWNER may require. A Bidder may withdraw his Proposal before the expiration of the time during which a Proposal may be submitted, without prejudice to himself, by submitting a written request for its withdrawal to the officer who holds it. 11. TIME OF COMPLETION Attention is directed to the requirement that each Bidder specify in his Proposal the time in which he will agree to complete the work. The time required for completion of the work will be a consideration in the determination of the successful Bidder. Unless otherwise specified, Bidder must state time in consecutive calendar days, including, but not limited to, all Saturdays, Sundays, and Federal, State and Pleasure Island Commission holidays. 12. SUBSTITUTIONS Where materials or equipment are specified by a trade or brand name, it is not the intention of the OWNER to discriminate against an equal product of another manufacturer, but rather to set a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. 13. LAWS All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. C-6 14. EQUAL 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 be required to attend the Pre-Bid Conference outlined in page C-9 of the Information to Bidders. Bids received from firms or individuals not listed on the roll of attendees of the Pre-Bid Conference will be rejected and returned unopened to the bidder. A NON-MANDATORY PRE-BID CONFERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on:Tuesday. Matt 30, at, 10:00 a.m., at City of Port Arthur City Hall, 444 4th Street, 5th Floor Conference Room, Port Arthur, TX 77640. The purpose of the NON-MANDATORY PRE-BID CONFERENCE is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Engineer, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. C-7 SECTION D BID SCHEDULE BID TO: CITY OF PORT ARTHUR 444 4TH STREET P.O. BOX 1089 PORT ARTHUR, TEXAS 77640 Proposal of GLOBAL DRILLING, INC (hereinafter called 'BIDDER"), organized and existing under the laws of the State of TEXAS , doing business as * CORPORATION , and acting by and through CONTRACTOR to the City of Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of a six inch waterline to serve North Sewer Plant in strict accordance with the Contract Documents, within the time set forth in the Notice to Proceed, and at the prices stated below, and Bidder shall enter into Contract for same within the time specified in Contract Documents. By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this Contract on or before a date to be specified in the Notice to Proceed and to fully complete the PROJECT b DATE SPECIFIED IN [land p DATE SPECIFIED IN y NOTICE TO PROCFF for final completion of the PROJECT by NOTICF TO PROCFF6s specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City holidays thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter including, but not limited to, all Saturdays, Sundays, and Federal, State and City holidays as provided in Section 51 of the General Conditions. Enclosed is bid security as required. BIDDER acknowledges receipt of the following ADDENDUM: ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 *Insert "a corporation," "a partnership," or "an individual" as applicable. BIDDER agrees to perform all the work described in the Contract Documents for the following unit prices or lump sum: D1 Section D $179,000.00 ONE HUNDRED SEVENTY NINE THOUSAND and 00/100 Dollars (Total Base Contract Price-Written) Total number of Calendar days to complete: 45 QUANTITIES OF WORK: The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of Work; the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right afterward to increase or decrease the quantity of any unit price item of the Work by any amount up to and including twenty percent (20%) of any Bid Item, without a change in the unit price, and shall have the right to delete any Bid Item in its entirety, or to add additional Bid Items up to and including an aggregate total amount not to exceed twenty percent (20%) of the Contract Price. Bid Submitted by: GLOBAL DRILLING, INC , Contractor Represented by: BAKER MOHAMMAD **' "'-- PRESIDENT , Title Bid Prepared by: JASMIN BERSOBIO , Estimator , Estimator D7 SECTION E BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the Undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as OWNER in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of , 20 . The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the 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. E-1 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. (L.S.) PRINCIPAL SURETY BY: I 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. E-2 i SECTION F 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 F-1 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 27. Suspension of Work 28. National Historic Preservation Act of 1966 29. Required Provisions Deemed Inserted 30. Safety and Health Regulations for Construction 31. Use and Occupancy Prior to Acceptance by Owner 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Lands and Rights-of-Way 35. Conflicting Conditions in Contract Documents 36. Notice and Service Thereof 37. Separate Contract 38. Subcontracting 39. Architect/Engineer's Authority 40. Meaning of Intent 41. Contract Security 42. Additional or Substitute Bond 43. Assignments 44. Mutual Responsibility of CONTRACTOR'S 45. Acceptance of Final Payment Constitutes Release 46. Payments by Contractor 47. Construction Schedule and Periodic Estimates 48. Payments to Contractor 49. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work F-2 53. Extras 54. Time for Completion and Liquidated Damages 55. Weather Conditions 56. Protection of Work and Property--Emergency 57. Inspection 58. Superintendent by Contractor 59. Federal Labor Standards Provisions 60. Underpayments of Wages or Salaries 61. Anticipated Costs of Fringe Benefits 62. Overtime Compensation Required by Contract Work Hours and Safety Standards Act(76 Stat. 357-360; Title 40 U.S.C., Sections 327-332 63. Employment of Apprentices/Trainees 64. Employment of Certain Persons Prohibited 65. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision 66. Fringe Benefits Not Expressed as Hourly Wage Rates 67. Posting Wage Determination Decisions and Authorized Wage Deductions 68. Complaints, Proceedings or Testimony by Employees 69. Claims and Disputes Pertaining to Wage Rates 70. Questions Concerning Certain Federal Statutes and Regulations 71. Payrolls and Basic Payroll Records of Contractor and Subcontractors 72. Specific Coverage of Certain Types of Work by Employees 73. Ineligible Subcontractors 74. Provisions to be Included in Certain Subcontracts 75. Breach of Foregoing Federal Labor Standards Provisions 76. Employment Practices 77. Contract Termination; Debarment 78. Kickbacks from Public Works Employees 79. Labor-Title 29 CFR Part 3 F-3 80. Weekly Statement with Respect to Payment of Wages 81. Submission of Weekly Statements and the Preservation and Inspection of Weekly Payroll Records 82. Payroll Deductions Permissible without Application to or Approval of the Secretary of Labor 83. Payroll Deductions Permissible with the Approval of the Secretary of Labor 84. Applications for the Approval of the Secretary of Labor 85. Section 3.8 Action by the Secretary of Labor upon Applications 86. Prohibited Payroll Deductions 87. Methods of Payment of Wages 88. Regulations Part of Contract 89. Equal Opportunity Provisions (E.O. 11246) 90. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities 91. Civil Rights Act of 1964 92. Section 109 of the Housing and Community Development Act of 1974 93. Indemnification 94. Delays 95. Maintenance of Work 96. Antitrust 97. Labor, Materials, and Equipment 98. Federal Labor Standards Provisions 99. Delay, Disruption and/or Other Claims 100. Differing Site Conditions F-4 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications and Addenda, enumerated in the Agreement and paragraph 1 of the Supplemental General Conditions, shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said Documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms, as used in this Contract, are respectively defined as follows: a. "CONTRACTOR": A person, firm or corporation with whom the Contract is made with the OWNER or CITY OF PORT ARTHUR. b. "Sub-contractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at)the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur, Texas. e. "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. f. "ENGINEER": City Engineer, City of Port Arthur, Texas 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR - PUBLIC WORKS, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. F-5 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 F-6 in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality,who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied F-7 to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b)a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 16. SHOP OR SETTING DRAWINGS The CONTRACTOR shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof,the CONTRACTOR shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer, the CONTRACTOR must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer, the CONTRACTOR will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 17. MATERIALS, SERVICES AND FACILITIES a. It is understood that, except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendents, temporary construction of every nature and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. b. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 18. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest is retained by the seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 19. INSPECTION AND TESTING OF MATERIALS All materials, equipment, etc., used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. F-8 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 and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. b. 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. F-9 22. SURVEYS a. The Engineer will provide one bench mark, near or on the site of the work, and will provide 2 points near or on the site to establish a base line for use by the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements,the CONTRACTOR shall furnish all other lines,grades,and bench marks required for proper execution of the work. b. The CONTRACTOR shall be responsible for laying out the work (unless otherwise specified in the General Requirements)and shall preserve all bench marks,stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor's employees, the CONTRACTOR shall be responsible for the accurate replacement of such reference points by professionally qualified personnel at no additional cost to the OWNER. c. Unless otherwise expressly provided for in the Specifications, the OWNER will furnish the CONTRACTOR all surveys necessary for the execution of the work. 23. CONTRACTOR'S OBLIGATIONS The CONTRACTOR shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and drawings covered by this Contract and any and all supplemental Plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The CONTRACTOR shall observe, comply with and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, and shall do, carry on and complete the entire work to the satisfaction of the Architect/Engineer and the OWNER. 24. INSURANCE The CONTRACTOR shall not commence work under this Contract until he has obtained all the insurance required herein and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on this Subcontract until the insurance required of the Subcontractor has been so obtained and approved. (See information to Bidders, paragraph 5.) 25. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.00.) During the performance of this Contract, the CONTRACTOR and all Subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt CONTRACTOR'S and Subcontractors shall furnish to the OWNER the following: F-10 a. A stipulation by the CONTRACTOR or Subcontractor that any facility to be utilized in the performance of any nonexempt Contract or Subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency(EPA) pursuant to 40 CFR 15.20. b. Agreement by the CONTRACTOR to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Act, as amended (33 U.S.C. 1318)relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. A stipulation that, as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the EPA List of Violating Facilities. d. Agreement by the CONTRACTOR that he will include, or cause to be included,the criteria and requirements in paragraphs (a) through (d) of this section in every nonexempt Subcontract and requiring that the CONTRACTOR will take such action as the government may direct as a means of enforcing such provisions. 26. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS AND ACCIDENT PREVENTION a. Lead-Based Paint Hazards: (Applicable to Contracts for construction or rehabilitation of residential structures.) The construction or rehabilitation of residential structures is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35. The CONTRACTOR and Subcontractors shall comply with the provisions for the elimination of lead-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 OWNER'S of public utility property of the intention to use explosives at least eight (8) hours before blasting is done, close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the CONTRACTOR or his Surety for damages that may be caused by such use. c. Danger Signals and Safety Devices: The CONTRACTOR shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the CONTRACTOR fails or neglects to take such precautions, the OWNER may have such lights and barricades installed and charge the cost of this work to the F-11 CONTRACTOR. Such action by the OWNER does not relieve the CONTRACTOR of any liability incurred under these Specifications or Contract. 27. SUSPENSION OF WORK Should the OWNER be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the OWNER may determine will compensate for time lost by such delay with such determination to be set forth in writing. 28. NATIONAL HISTORIC PRESERVATION ACT OF 1966 The CONTRACTOR agrees to contribute to the preservation and enhancement of structures and objects of historical, architectural or archaeological significance when such items are found and/or unearthed during the course of project construction and to consult with the State Historic Preservation Officer for recovery of the items. (Reference: National Historic Preservation Act of 1966(80 Stat. 915, 16 U.S.C. 470) and Executive Order No. 11593 of May 31, 1971). 29. REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted,then upon the application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 30. SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION In order to protect the lives and health of his employees under the Contract,the CONTRACTOR shall comply with all pertinent provisions of the Contract Work Hours and Safety Standards Act, as amended, commonly known as the Construction Safety Act as pertains to health and safety standards; and shall maintain an accurate record of all cases of death, occupational disease and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The CONTRACTOR along shall be responsible for the safety, efficiency and adequacy of his plant, appliances and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation. 31. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY OWNER The CONTRACTOR agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the OWNER, provided the OWNER: a. Secures written consent of the CONTRACTOR except in the event, in the opinion of the Architect/Engineer,the CONTRACTOR is chargeable with unwarranted delay in completing the contract requirements; b. Secures consent of the Surety; c. Secures endorsement from the insurance carrier(s)permitting occupancy of the building or use of the project during the remaining period of construction; or, d. When the project consists of more than one building and one of the buildings is occupied, F-12 secures permanent fire and extended coverage insurance, including a permit from the insurance carrier to complete construction. 32. USE OF PREMISES AND REMOVAL OF DEBRIS The CONTRACTOR expressly undertakes at his own expense: a. To take every precaution against injuries to persons or damage to property; b. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other CONTRACTOR'S; c. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; d. To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; e. Before final payment to removal all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; f. To 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. F-13 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted, by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 37. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other CONTRACTOR'S. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The CONTRACTOR, including his Subcontractors, shall keep informed of the progress and the detail work of other CONTRACTOR'S and shall notify the Architect/Engineer immediately of lack of progress or effective workmanship on the part of other CONTRACTOR'S. Failure of a CONTRACTOR to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 38. SUBCONTRACTING a. The CONTRACTOR may utilize the services of specialty Subcontractors on those parts of Work which, under normal contracting practices, are performed by specialty Subcontractors. b. The CONTRACTOR shall not award any work to any Subcontractor without prior written approval of the OWNER, which approval will not be given until the CONTRACTOR submits to the OWNER a written statement concerning the proposed award to the Subcontractor,which statement shall contain such information as the OWNER may require. c. The CONTRACTOR shall be as fully responsible to the OWNER for the acts or omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. In addition to the provisions, the CONTRACTOR shall perform not less than 50 percent of the "Services" as shown on the bid form with its own forces. The 50 percent requirement shall be understood to refer to the "Services" line on the bid form, based on estimated quantities. 39. ARCHITECT/ENGINEERS AUTHORITY The Architect/Engineer shall give all orders and directions contemplated under this Contract and Specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineers estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications,the determination or decision F-14 of the Architect/Engineer shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for work under this Contract affected in any manner or to any extent by such question. 40. MEANING OF INTENT The Architect/Engineer shall decide the meaning and intent of any portion of the Specifications and of any Plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the CONTRACTOR, under this Contract and other CONTRACTOR'S, performing work for the OWNER, shall be adjusted and determined by the Architect/Engineer. 41. CONTRACT SECURITY If the Contract amount exceeds Twenty-five Thousand Dollars($25,000),a Payment Bond shall be furnished, and if the contract exceeds One Hundred Thousand Dollars ($100,000.00) a Performance Bond also shall be furnished, on prescribed forms in the amount of one hundred percent(100%)than that prescribed by state,territorial or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract and as security for the faithful performance of this Contract. 42. ADDITIONAL OR SUBSTITUTE BOND If at any time the OWNER,for justifiable cause, shall be or become dissatisfied with any Surety or Sureties for the Performance and/or Payment Bonds, the CONTRACTOR shall, within five (5) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the OWNER. The premiums on such bond shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new Surety and Sureties shall have furnished such an acceptable bond to the OWNER. 43. ASSIGNMENTS The CONTRACTOR shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this Contract. 44. MUTUAL RESPONSIBILITY OF CONTRACTOR'S If, through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and safe harmless the OWNER F-15 1 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 percent(90%)cost thereof, no later than the 20th day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, no later than the 30th day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c)to each of his Subcontractors, no later than the 5th day following each payment to the CONTRACTOR, the respective amounts allowed the CONTRACTOR on account of the work performed by his Subcontractors to the extent of each Subcontractors interest therein. 47. CONSTRUCTION SCHEDULE A. The successful Bidder shall, within seven (7) calendar days of the date of the Notice of Award and prior to issuance of the Notice to Proceed, submit a detailed Critical Path Method (CPM) Construction Schedule, hereinafter called "Schedule". The Schedule shall follow the "Sequence of Work" which is listed in the Scope of Work section of these Contract Documents. The Schedule shall consist of the following: 1. A logic network CPM arrow or precedence diagram of sufficient detail to construct each segment of the project and to construct the total project. 2. A detailed activities list which includes the following information in tabular form: a. A listing of all submittal, production, procurement and construction management activities; b. The expected duration (in days) of each activity listed; c. The activities upon which the start of each activity depends; d. The resource requirements (manpower, material and equipment)for each activity; and e. An estimated dollar value of each activity such that the sum total value of all activities equals the total dollar value of the Bid. F-16 B. The Owner will review with the CONTRACTOR the proposed CPM schedule submitted by the CONTRACTOR. The purpose of this review is to assure adequate planning for the proper and timely execution of the Work and to assist the Owner in appraising the suitability of the proposed network Schedule for construction of the project. C. Upon acceptance by the OWNER the Schedule will become the basis for monitoring and measuring the progress of the Work. To assure proper tracking of progress throughout the performance of the Work, the CONTRCTOR shall maintain and continuously update his detailed network Schedule. The CONTRACTOR shall, during the first week of each month and at other times as the OWNER may request, furnish to the OWNER an updated schedule which is clearly marked to show the actual percent completion of each activity as of the date of the Schedule update. The CONTRATOR shall submit with the Schedule update, a narrative report of the progress made during the period covered by the Schedule update. This report shall outline accomplishments during the reporting period and shall include a discussion of problems encountered and of how those problems have been or will be dealt with. The narrative report shall also include a discussion of changes or other items encountered which, in the opinion of the CONTRACTOR, may cause problems to the future progress of the Work. The CONTRACTOR shall include in the report a plan of action for overcoming the potential problems stated. a. The OWNER retains the right to withhold progress payments until the CCONTRACTOR'S updated schedule has been accepted by the OWNER. b. During the course of the Work the Schedule may be revised by agreement of the OWNER and the Contractor. Each revision of the Schedule shall supersede and replace all previous versions of the Schedule. The revised Schedule shall include the following information: 1. Date of revision; 2. Identification of all changes made to the original schedule, including the incorporation of an anticipated Change Orders; 3. Concise narrative explanation of the reasons for each change. c. The CONTRACTOR may request Schedule revisions by submitting a revised Schedule in the form outlined above. However, if the OWNER cannot agree to the suggested revisions, the Contractor shall make those adjustments as may be required to maintain the original Schedule. d. Responsibility for the CONTRACTOR'S Schedule(s) in all aspects, assumptions and implications, either known or unknown, made or assumed, by the CONTRACTOR in the preparation of his Schedule(s), is entirely that of the CONTRACTOR. Acceptance of the CONTRACTOR'S schedule(s) by the OWNER shall in no way make the OWNER responsible for the execution or non-execution of the CONTRACTOR'S schedule nor is the OWNER responsible or liable in any way for any acts, errors, omissions or negligence of the CONTRACTOR or any Sub-contractor or any of the CONTRACTR'S or Sub- contractor's agents, assigns, servants or employees or any other person, firm or corporation performing or attempting to perform the Work. F-17 48. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30)calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract, the OWNER shall retain ten percent (10%) (five percent [5%j if the total contract price exceeds$25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided,that the CONTRACTOR shall submit his estimate no later than the fifth (5th)day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the Pleasure Island Commission Council's regular schedule of meeting on every other Tuesday. The CONTRACTOR may alter his estimate period such as to give the Engineer(ten)10 working days prior to the next scheduled Pleasure Island Commission Council meeting to prepare an estimate of the work completed and submit said estimate for the OWNER'S action. b. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may,after having served written notice on the said CONTRACTOR,either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not F-18 be construed to give rise to any third party beneficiary rights in claimants. 49. CORRECTION OF WORK All work, all materials,whether incorporated in the work or not,all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the CONTRACTOR at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the CONTRACTOR hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 50. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the CONTRACTOR encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions and, if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in paragraph 52 of the General Conditions. 51. CLAIMS FOR EXTRA COST No claim for extra work or cost shall be allowed unless the same was done pursuant to a written order of the Architect/Engineer approved by the OWNER, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 52(c) of the General Conditions, the CONTRACTOR shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the OWNER, give the OWNER access to accounts relating thereto. 52. CHANGES IN WORK No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the OWNER. Charges or credit for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: a. Unit bid prices previously approved. b. An agreed lump sum. c. The actual cost of: (1) Labor, including foreman; (2) Materials entering permanently into the work; (3) The ownership or rental cost of construction plant and equipment during the time of use F-19 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 Pleasure Island Commission holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of F-20 the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to: a. Any preference, priority or allocation order duly issued by the government; b. The following unforeseeable causes, namely: acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, hurricanes and tornadoes; and rainy days claimed by the CONTRACTOR; however, rainy days shall be considered only if the CONTRACTOR notifies the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to so report will eliminate any claim for time extension because of rainy weather on that day. c. Rainy weather when 60 percent of his work force cannot work for seven (7) hours or more that day because of rainy weather and providing that he has complied with the condition under 54(b). d. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article. Provided, further, that the CONTRACTOR shall, within ten (10) working days after total calendar days delayed have been used up in the contract time and such delay thereafter, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefore as provided and if approved therefore by Engineer. Such delays shall include acts of neglect by the OWNER or others performing additional work, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage,or freight embargoes. All time limits stated in the Contract Documents are of the essence of the Agreement. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 55. WEATHER CONDITIONS Inclement weather is any weather condition or conditions resulting immediately there-from, causing the CONTRACTOR to suspend construction operations or preventing the CONTRACTOR from profitably utilizing at least 75 percent of the normal labor and equipment force engaged on the Work. Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the forecast by the local NOAA Weather Reporting Station of 30% or greater chance of inclement weather, or the conditions resulting from the weather, or the condition of the Work prevents work from beginning at the usual F-21 starting time, and the crew is dismissed as a result thereof, the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations. In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct,the CONTRACTOR will,and will cause his Subcontractors to, protect carefully his, and 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. 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 shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. 58. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the CONTRACTOR shall employ a construction superintendent or foreman who shall have full authority to act for the CONTRACTOR. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in the capacity for the particular job involved unless he ceases to be on the CONTRACTOR'S payroll. 59. FEDERAL LABOR STANDARDS PROVISIONS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other F-22 payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified)the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached hereto and incorporated herein by reference), regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any Subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the OWNER for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2)of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also, for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under Plans, funds or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. 60. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the CONTRACTOR or by any Subcontractor to laborers or mechanics employed by the CONTRACTOR or Subcontractor upon the work covered by the Contract, the OWNER, in addition to such other rights as may be afforded it under this Contract, shall withhold from the CONTRACTOR, out of any payments due the CONTRACTOR, so much thereof as the OWNER may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the OWNER for and on account of the CONTRACTOR or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to Plans, funds or programs for any type of fringe benefit prescribed in the applicable wage determination. 61. ANTICIPATED COSTS OF FRINGE BENEFITS If the CONTRACTOR does not make payments to a trustee or other third person, he may consider, as part of the wages of any laborer or mechanic, the amount of any costs reasonable anticipated in providing fringe benefits under a Plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract: Provided, however, the Secretary of Labor has found, upon the written request of the CONTRACTOR,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account asset for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the CONTRACTOR must be submitted to the OWNER with the first payroll filed by the CONTRACTOR subsequent to receipt of the findings. 62. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 Stat. 357-360: TITLE 40 U.S.C., SECTIONS 327-332 a. Overtime Requirements: No CONTRACTOR or Subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which he is employed on such work to work in excess of forty (40) hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty(40)hours in such work week. F-23 b. Violation - Liability for Unpaid Wages Liquidated Damages: In the event of any violation of the clause set forth in paragraph (a),the CONTRACTOR and any Subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition, such CONTRACTOR and Subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph (a), in the sum of Ten Dollars ($10.00)for each calendar day on which such employee was required or permitted to work in excess of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (a). c. Withholding for Liquidated Damages: The OWNER shall withhold or cause to be withheld from any monies payable on account of work performed by the CONTRACTOR or Subcontractor such sums as may administratively be determined to be necessary to satisfy any liabilities of such CONTRACTOR or Subcontractor for liquidated damages as provided in the clause set forth in paragraph (b). d. Subcontracts: The CONTRACTOR shall insert in any Subcontracts the clauses set forth in paragraphs (a), (b)and (c)of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts which they may enter into, together with a clause requiring this insertion in any further Subcontracts that may in turn be made. 63. EMPLOYMENT OF APPRENTICES/TRAINEES a. Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a state apprenticeship agency recognized by the Bureau, or if a person is employed in his first ninety(90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a state apprenticeship agency(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b)of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates)for the area of construction prior to using any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. b. Trainees: Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate, who is not registered and F-24 participating in a training plan approved by the Bureau of Apprenticeship and Training, shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The CONTRACTOR or Subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is provided. c. Equal Employment Opportunity: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order No. 11246, as amended, and 29 CFR Part 30. 64. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. 65. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Unlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (ii). 66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the OWNER, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 67. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions,with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract,and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 68. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this F-25 Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 69. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor,United States Department of Labor,whose decision shall be final with respect thereto. 70. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of(a)the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. 71. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR The CONTRACTOR and each Subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the OWNER. The CONTRACTOR shall submit weekly to the OWNER one certified copy of all payrolls of the CONTRACTOR and of the Subcontractors, it being understood that the CONTRACTOR shall be responsible for the submission of copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the CONTRACTOR and each Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three(3)years thereafter.Such payrolls and basic payroll records shall contain the name and address of each employee, his correct classification, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1 (b)(2)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found, under Section 5.5(a) (1) (iv) of Title 29, Code of Federal Regulations,that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2) (B) of the Davis-Bacon Act, the CONTRACTOR of Subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and will maintain records which show the costs anticipated or the actual cost incurred in providing such benefits.The CONTRACTOR and each Sub-contractor shall make his employment records,with respect to persons employed by him upon the work covered by this Contract, available for inspection by authorized representatives of the Secretary of Housing and Urban Development, the OWNER and the United States Department of Labor. Such representatives shall be permitted to interview employees of the CONTRACTOR or of any F-26 Subcontractors during working hours on the job. 72. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and supplies to or from the site of the project or program to which the Contract pertains by the employees of the CONTRACTOR or of any Subcontractor and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the project or program to which this Contract pertains by persons employed by the CONTRACTOR or by any Subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, shall be deemed to be work to which these Federal Labor Standards Provisions are applicable. 73. INELIGIBLE SUBCONTRACTORS The CONTRACTOR shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the OWNER'S prior written approval of the Subcontractor. The OWNER will not approve any Subcontractor for work covered by this Contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Secretary of Housing and Urban Development to receive an award of such Subcontract. 74. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS The CONTRACTOR shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier Subcontracts which they may enter into, together with a clause requiring such insertion in any further Subcontracts that may in turn be made. 75. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the OWNER reserves the right to terminate this Contract if the CONTRACTOR or any Subcontractor, whose Subcontract covers any of the work covered by this Contract, shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. 76. EMPLOYMENT PRACTICES The CONTRACTOR (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and underemployed, and (2)shall insert or cause to be inserted the same provision in each construction Subcontract. 77. CONTRACT TERMINATION; DEBARMENT A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract and for debarment as provided in 29 CFR 5.6. 78. KICKBACKS FROM PUBLIC WORKS EMPLOYEES a. Whoever, by force, intimidation or threat of procuring dismissal from employment or by any F-27 other manner whatsoever, induces any person employed in the construction, prosecution, completion or repair of any public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States to give up any part of the compensation to which he is entitled under this Contract of employment, shall be fined not more than $5,000 or imprisoned not more than five (5) years, or both. b. The Secretary of Labor shall make reasonable regulations for CONTRACTOR'S and Subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each Contractor and Subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. c. Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part", as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations follow in Section 79. 79. LABOR-TITLE 29 CFR PART 3 This part prescribes "Anti-Kickback"regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any Contract which is subject to federal wage standards and which is for the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. This part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally-assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g. the College Housing Act of 1950,the Federal Water Pollution Control Act and the Housing Act of 1959),and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. This part details the obligation of CONTRACTOR'S and Subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby, sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work and delineates the methods of payment permissible on such work. Section 3.2 definitions as used in this part: a. The terms"building"or"work"generally include construction activity as distinguished from manufacturing, furnishing or materials or servicing and maintenance work. The terms include without limitation, buildings, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,jetties, breakwaters, levees and canals; dredging, shoring, scaffolding, drilling, blasting,excavating, clearing and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies or equipment (whether or not a federal or state agency acquires title to such materials, articles, supplies or equipment during the course of the manufacture or furnishing or owns the materials from which they are manufactured or furnished)is not a"building"or"work"within the meaning of the regulations in this part. F-28 b. The terms "construction", "prosecution", "completion" or"repair" mean all types of work done on a particular building orwork at the site thereof, including,without limitation,altering, remodeling, painting and decorating,the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the building or work by persons employed at the site by the CONTRACTOR or Subcontractor. c. The terms "public building" or "public work" include building or work for whose construction, prosecution, completion or repair, as defined above, a federal agency is a contracting party, regardless of whether title thereof is in a federal agency. d. The term"building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution completion or repair, as defined as above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a federal agency. The term does not include building orwork for which federal assistance is limited solely to loan guarantees or insurance. e. Every person paid by a CONTRACTOR or Subcontractor in any manner for his labor in the construction, prosecution,completion or repair of any public buildings,or public works or buildings or works financed in whole or in part by loans or grants from the United States is "employed"and receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. f. The term"any affiliated person"includes a spouse, child, parent or other close relative of the CONTRACTOR or Subcontractor; a partner or officer of the CONTRACTOR or Subcontractor;a corporation closely connected with the CONTRACTOR or Subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. g. The term "federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock which is beneficially owned by the United States, by the District of Columbia or any of the foregoing departments, establishments, agencies and instrumentalities. 80. WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES a. As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. b. Each CONTRACTOR or Subcontractor engaged in the construction, prosecution, completion or repair of any public buildings,or public works,or buildings or works financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period.This statement shall be executed by the CONTRACTOR or Subcontractor or by an authorized officer or employee of the CONTRACTOR or Subcontractor who supervises the payment of wages and shall be on form WH 348, "Statement of Compliance", or on identical form on the back of WH 347, "Payroll(for CONTRACTOR'S Optional Use)"or on any form with identical wording. Sample F-29 copies of WH 347 and WH 348 may be obtained from the government contracting or sponsoring agency and copies of these forms maybe purchased at the Government Printing Office. c. The requirements of this section shall not apply to any Contract for Two Thousand Dollars ($2,000) or less. d. Upon a written finding by the head of a federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. 81. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS a. Each weekly statement required under§ 3.3 shall be delivered by the CONTRACTOR or Subcontractor, within seven (7)days after the regular payment date of the payroll period, to a representative of OWNER in charge at the site of the building or work or, if there is no representative of OWNER at the site of the building or work, the statement shall be mailed by the CONTRACTOR or Subcontractor, within such time, to the OWNER. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available and shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. b. Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records for a period of three (3)years from date of completion of the Contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative and by authorized representatives of the Department of Labor. 82. PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE SECRETARY OF LABOR Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor. a. Any deduction made in compliance with the requirements of federal, state or local law, such as federal or state withholding income taxes and federal social security taxes. d. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A"bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. c. Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the CONTRACTOR, Subcontractor or any affiliated person, or when F-30 collusion or collaboration exists. d. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or rep of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) the deduction is not otherwise prohibited by law; (2) it is either (i) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or(ii) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained directly or indirectly, by the CONTRACTOR or Subcontractor or any affiliated person in the form of commission, dividend or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. e. Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. f. Any deduction requested by the employee to enable him to repay loans to, or to purchase shares in credit unions organized and operated in accordance with federal and state credit union statutes. g. Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies such as the American Red Cross. h. Any deductions voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds and similar charitable organizations. i. Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. j. Any deduction not more than for the "reasonable cost" of board, lodging or other facilities meeting the requirements of Section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made, the additional records required under§ 516.27(a) of this title shall be kept. e. PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE SECRETARY OF LABOR Any CONTRACTOR or Subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under §3.5. The Secretary may grant permission whenever he finds that: a. The CONTRACTOR, Subcontractor or any affiliated person does not make a profit or F-3 1 v benefit directly or indirectly from the deduction either in the form of a commission, dividend or otherwise; b. The deduction is not otherwise prohibited by law; c. The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the CONTRACTOR or Subcontractor and representatives of its employees; and d. The deduction serves the convenience and interest of the employee. 84. APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR Any application for the making of payroll deductions under §3.6 shall comply with the requirements prescribed in the following paragraphs of this section: a. The application shall be in writing and shall be addressed to the Secretary of Labor. b. The application shall identify the Contract or Contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified Contracts, except upon a showing of exceptional circumstances. c. The application shall state affirmatively that there is compliance with the standards set forth in the provisions of§3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. d. The application shall include a description of the proposed deduction, the purpose to be served thereby and the classes of laborers or mechanics from whose wages the proposed deduction would be made. e. The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. 85. SECTION 3.8 ACTION BY THE SECRETARY OF LABOR UPON APPLICATIONS The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of§3.6 and shall notify the applicant in writing of his decision. 86. PROHIBITED PAYROLL DEDUCTIONS Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited. 87. METHODS OF PAYMENT OF WAGES The payment of wages shall be by cash, negotiable instruments payable on demand or the additional forms of compensation for which deductions are permissible under this part. No other F-32 methods of payment shall be recognized on work subject to the Copeland Act. 88. REGULATIONS PART OF CONTRACT All Contracts made with respect to the construction, prosecution, completion or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the CONTRACTOR or Subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see §5.5(a) of this subtitle. 89. EQUAL OPPORTUNITY PROVISIONS (E.O. 11246) A. Activities and Contracts Subject to Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts under Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided Contracting Officer setting forth the provisions of this nondiscrimination clause. The CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) CONTRACTOR'S shall incorporate foregoing requirements in all Subcontracts. B. Contracts Subject to Executive Order 11246, as Amended (applicable to federally-assisted construction contracts and related subcontracts exceeding Ten Thousand Dollars ($10,000)): During the performance of this Contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for Employment because of race, color, religion,sex or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to,the following: employment, upgrading,demotion or transfer recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. F-33 (3) The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the CONTRACTOR'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (6) In the event of the CONTRACTOR'S noncompliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the CONTRACTOR may be declared ineligible for further government CONTRACTOR'S or federally assisted construction Contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (1) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every Subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each Subcontractor or vendor. The CONTRACTOR will take such action with respect to any Subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions of noncompliance: Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a Subcontract or vendor as a result of such direction by the Department, the CONTRACTOR may request the United States to enter into such litigation to protect the interest of the United States. C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (applicable to contracts/subcontracts exceeding Ten Thousand Dollars ($10,000)): (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. (2) The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Timetable Goals for Female F-34 Participation for Participation in Each Trade - 8% Each Trade - 8% These goals are applicable to all the CONTRACTOR'S construction work(whether or not it is federal or federally assisted) performed in the covered area. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (3) The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of$10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract;and the geographical area in which the Contract is to be performed. (4) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is City of Port Arthur, Jefferson County, Texas. D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): (1) As used in these Specifications: (a) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (d) "Minority" includes: (i) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander(all persons having origins in any of the original peoples of F-35 the Far East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Whenever the CONTRACTOR, or any subcontractor at any tier,Sub-contract a portion of the work involving any construction trade, it shall physically included in each Subcontract in excess of$10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. (3) If the CONTRACTOR is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. CONTRACTOR'S must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each CONTRACTOR or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other CONTRACTOR'S or Subcontractors toward a goal in an approved Plan does not excuse any covered CONTRACTOR'S or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. (4) The CONTRACTOR shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these Specifications.The goals set forth in the solicitation from which the Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the CONTRACTOR should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered construction CONTRACTOR'S performing construction work in geographical areas where they do not have a federal or federally assisted construction Contract shall apply the minority and female goals established for the geographical area where the work is being performed.Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Procurement Contracting Officers. The CONTRACTOR is expected to make substantially uniform progress toward its goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the CONTRACTOR has a collective bargaining agreement to refer either minorities or women shall excuse the CONTRACTOR'S obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (6) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The CONTRACTOR shall take specific affirmative actions to ensure equal opportunity. F-36 The evaluation of the CONTRACTOR'S compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions.The CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites and in all facilities at which the CONTRACTOR'S employees are assigned to work. The CONTRACTOR,where possible,will assign two or more women to each construction project. The CONTRACTOR shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the CONTRACTOR'S obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the CONTRACTOR or its unions have employment opportunities available and maintain a record of the organizations responses. (c) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual.If such individual was sent to the union hiring hall for referral and was not referred back to the CONTRACTOR by the union or, if referred, not employed by the CONTRACTOR, this shall be documented in the file with the reason therefore, along with whatever additional actions the CONTRACTOR may have taken. (d) Provide immediate written notifications to the Director when the union or unions with which the CONTRACTOR has a collective bargaining agreement has not referred to the CONTRACTOR a minority person or woman sent by the CONTRACTOR, or when the CONTRACTOR has other information that the union referral process has impeded the CONTRACTOR'S efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the CONTRACTOR'S employment needs, especially those programs funded or approved by the Department of Labor. The CONTRACTOR shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the CONTRACTOR'S EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the CONTRACTOR in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually,the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items F-3 7 with on-site supervisory personnel such as Superintendents,General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (h) Disseminate the CONTRACTOR'S EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media,and providing written notification to and discussing the CONTRACTOR'S EEO policy with other CONTRACTOR'S and Subcontractors with whom the CONTRACTOR does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the CONTRACTOR'S recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the CONTRACTOR shall send written notification to organizations such as the above,describing the openings, screening procedures and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a CONTRACTOR'S work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the CONTRACTOR'S obligations under the Specifications are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for Subcontracts from minority and female construction CONTRACTOR'S and suppliers, including circulation of solicitations to minority and female CONTRACTOR associations and other business associations. (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the CONTRACTOR'S EEO policies and affirmative action obligations. (8) CONTRACTOR'S are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a though 7p). The efforts of a CONTRACTOR association, joint CONTRACTOR-union, CONTRACTOR-community or other similar group of which the CONTRACTOR is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these F-38 Specifications provided that the CONTRACTOR actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the CONTRACTOR'S minority and female work force participation, makes a good faith effort to meet its individual goals and timetables and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the CONTRACTOR. The obligation shall not be a defense for the CONTRACTOR'S non-compliance. (9) A single goal for minorities and a separate single goal for women have been established. The CONTRACTOR, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the CONTRACTOR may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the CONTRACTOR has achieved its goals for women generally,the CONTRACTOR may be in violation of the Executive Order if a specific minority group of women is under utilized). (10) The CONTRACTOR shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color, religion,sex or national origin. (11) The CONTRACTOR shall not enter into any Subcontract with any person or firm debarred from government Contracts pursuant tO Executive Order 11246. (12) The CONTRACTOR shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension,termination and cancellation of existing Subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any CONTRACTOR who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. (13) The CONTRACTOR, in fulfilling its obligations under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the CONTRACTOR fails to comply with the requirements of the Executive Order, the implementing regulations or these Specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (14) The CONTRACTOR shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer),dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. F-39 Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, CONTRACTOR'S shall not be required to maintain separate records. (15) Nothing herein provided shall be construed as a limitation upon which the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 90. SECTION 3 COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES During the performance of this Contract, the CONTRACTOR agrees as follows: a. The CONTRACTOR agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135 and any applicable rules and orders of HUD issued thereunder. b. The "Section 3 clause"set forth in 24 CFR 135.20(b) shall form part of this Contract as set forth in paragraph 1 of the General Conditions, "Contract and Contract Documents". c. CONTRACTOR'S shall incorporate the Section 3 clause shown below and the foregoing requirements in all Subcontracts. d. Section 3 clause as set forth in 24 CFR 135.20(b): (1) The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and Contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part by persons residing in, the area of the project. (2) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (3) The CONTRACTOR will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The CONTRACTOR will include this Section 3 clause in every Subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of F-40 federal financial assistance, take appropriate action pursuant to the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any Subcontract unless the Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the applicant or recipient,or its CONTRACTOR'S and Subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or Contract through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 91. CIVIL RIGHTS ACT OF 1964 Under Chapter 106 of the Civil Practice&Remedies Code of the Revised Civil Statues of Texas, no person shall, on the ground of race, color, national origin, sex, age or handicap, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity of the Pleasure Island Commission. 92. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 93. INDEMNIFICATION The CONTRACTOR shall defend, indemnify,and hold harmless the OWNER and the Engineer and their respective officers, agents, and employees,from and against all damages,claims,losses, demands,suits,judgements, and costs, including reasonable attorney's fees and expenses arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit,judgement, cost or expense: a. Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, b. Is caused in whole or in part by any negligent act or omission of the CONTRACTOR, or Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of F-4 1 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 referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, of by the performance of extra work, or by the failure of the CITY OF PORT ARTHUR to provide material or necessary instructions for carrying on the work, then such 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. Labor, Materials, and Equipment: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. F-42 Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner's written consent given after prior written notice and approval by the Engineer. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the OWNER any additional cost incurred by the OWNER as a result of such work. b. Except as otherwise provided in this Article, the CONTRACTOR shall receive no additional compensation for overtime work, i.e.,work in excess of eight(8)hours in any one calendar day or forty (40) hours in any one (1) calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Engineer in writing.Additional compensation will be paid to the CONTRACTOR for overtime work only in the event that extra work is ordered by the Engineer, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality. d. All costs of inspection and testing performed during overtime work by the CONTRACTOR which is allowed solely for the convenience of the CONTRACTOR shall be borne by the CONTRACTOR.The OWNER shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. e. Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials,equipment,labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, f. Telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing,performance,testing,start-up,and completion of the work. g. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer,the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment.All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the OWNER, nor any of the OWNER'S consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions. F-43 99. DELAY, DISRUPTION OR OTHER CLAIMS Any claim by the CONTRACTOR for delay, disruption or any other claim shall be based on a written notice delivered to the CITY OF PORT ARTHUR and to the ENGINEER promptly(but in no case later than ten (10)calendar days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Within ten (10) calendar days of delivering said notice, the CONTRACTOR shall deliver to the CITY OF PORT ARTHUR and to the ENGINEER notice of the amount of the claim and specific and detailed support documentation and data on the impact claimed. Further,the CONTRACTOR shall furnish on a continuing basis all of the documents that in any way are purported to support the damages, costs, expenses and impact of the claim event. The CONTRACTOR'S failure to fully comply with any of these requirements with respect to any claim shall constitute a complete and final waiver of said claim. 100. Differing Site Conditions a. The CONTRACTOR shall notify the Engineer in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery(but in no event later than 14 calendar days) and before they are disturbed: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, or delineated in the Contract Documents including those reports and documents discussed and 2. Unknown physical conditions at the site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed. b. The Engineer will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the OWNER in writing of the Engineer's findings and conclusions. c. If the OWNER concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided, to reflect and document the consequences of the difference. d. In each such case, an increase or decrease in the Contract Price or an extension or reduction of the contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the OWNER and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in the General Conditions. e. The CONTRACTR'S failure to give notice of differing site conditions within fourteen (14) calendar days of discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith,whether direct,consequential,or inconsequential in nature. f. Nothing herein shall be deemed to require the OWNER to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction. F-50 101. Physical Conditions - Underground Utilities a. Shown or Indicated: The information shown or indicated in the Contract Documents with respect to existing, underground utilities at or contiguous to the site is based on information and data furnished to the OWNER or the Engineer by the owners of such underground utilities or by others. Unless it is expressly provided in the Supplementary General Conditions, the Owner and the Engineer shall not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground utilities shown or indicated in the Contract Documents,for coordination of the work with the owners of such underground utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the Contract Price. b. Not Shown or Indicated: If an underground utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify the owner of such underground utility and give written notice thereof to that owner and shall notify the Engineer in accordance with the requirements of the General Conditions. F-5 1 SECTION G LABOR CLASSIFICATION AND MINIMUM WAGE SCALE LABOR CLASSIFICATION AND MINIMUM WAGE SCALE A. GENERAL. Article 5159a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, Page 91, Chapter 45, provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate of per diem wages which shall be paid for each craft type of workman. This Article further provides that the CONTRACTOR shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up on the wage scale. The OWNER is authorized to withhold from the CONTRACTOR, after full investigation by the awarding body, the amount of this penalty in any payment that might be claimed by the CONTRACTOR or Subcontractor. The Act makes the CONTRACTOR responsible for the acts of the Subcontractor in this respect. The Article likewise requires that the CONTRACTOR and Subcontractor keep an accurate record of the names and occupations of all persons employed by him and show the actual per diem wages paid to each worker, and these records are open to the inspection of the OWNER. B. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE: Attached hereto. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE "General Decision Number: TX20210038 01/01/2021 Superseded General Decision Number: TX20200038 State: Texas Construction Type: Highway Counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10. 95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded G-1 (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) -(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. G-2 Modification Number Publication Date 0 01/01/2021 * SUTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12.98 ELECTRICIAN $ 27.11 FORM BUILDER/FORM SETTER Paving & Curb $ 12.34 Structures $ 12.23 LABORER Asphalt Raker $ 12.36 Flagger $ 10.33 Laborer, Common $ 11.02 Laborer, Utility $ 11.73 Pipelayer $ 12.12 Work Zone Barricade Servicer $ 11.67 PAINTER (Structures) $ 18.62 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 14.06 Asphalt Paving Machine $ 14.32 Broom or Sweeper $ 12.68 Concrete Pavement Finishing Machine $ 13.07 Concrete Paving, Curing, Float, Texturing Machine $ 11.71 Concrete Saw $ 13.99 Crane, Hydraulic 80 Tons or less $ 13.86 Crane, Lattice boom 80 tons or less $ 14. 97 Crane, Lattice boom over 80 Tons $ 15.80 Crawler Tractor $ 13.68 Excavator, 50, 000 pounds or less $ 12 .71 Excavator, Over 50,000 pounds $ 14.53 Foundation Drill, Crawler Mounted $ 17.43 Foundation Drill, Truck Mounted $ 15.89 Front End Loader 3 CY or Less $ 13.32 Front End Loader, Over 3 CY $ 13.17 Loader/Backhoe $ 14.29 Mechanic $ 16.96 Milling Machine $ 13.53 Motor Grader, Fine Grade $ 15.69 G-3 Motor Grader, Rough $ 14.23 Off Road Hauler $ 14.60 Pavement Marking Machine $ 11.18 Piledriver $ 14.95 Roller, Asphalt $ 11.95 Roller, Other $ 11.57 Scraper $ 13.47 Spreader Box $ 13.58 Servicer $ 13.97 Steel Worker Reinforcing Steel $ 15.15 Structural Steel Welder $ 12.85 Structural Steel $ 14.39 TRUCK DRIVER Low Boy Float $ 16.03 Single Axle $ 11 .46 Single or Tandem Axle Dump $ 11 .48 Tandem Axle Tractor w/Semi Trailer $ 12.27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage G-4 determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100°% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of G-5 r each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. G-6 Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION G-7 SECTION H SUPPLEMENTAL GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS OF THE AGREEMENT - PART A A. NAME AND LOCATION OF PROJECT. Work covered by these TECHNICAL SPECIFICATIONS is entitled NORTH SEWER PLANT WATERLINE B. DESCRIPTION OF WORK. Contractor shall furnish all materials, appliances, tools, equipment, transportation, services, and all labor and superintendence necessary for the construction of work as described in these TECHNICAL SPECIFICATIONS, and as shown on the PLANS. Work, in general, consists of construction of a Concrete Roadway Replacement. 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 North Sewer Plant Waterline 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 H-lA 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 H-IB PCI Prestressed Concrete Institute AISC American Institute of Steel Construction ANSI American National Standards Institute (Formerly ASA) 6. Some TECHNICAL SPECIFICATIONS items cover construction requirements and materials in comprehensive manner, and only pertinent portions of these items apply. B. LANDS FOR WORK. Owner provides, as indicated on PLANS, land upon which work is to be done, rights-of-way for access to same, and such other lands which are designated for use by Contractor. Contractor provides, at his expense and without liability of Owner, any additional land and access thereto that may be required for his construction operations, temporary construction facilities, or for storage of materials. C. LINES AND GRADES. From benchmarks and horizontal control references established by Engineer,stake out work,establish elevations,and assume responsibility for correctness of installation as to location and grade. Engineer will establish benchmarks and references for horizontal control on various projects as follows: 1. One Structure at Site. Benchmark and reference hubs at two corners of structure. 2. Two or More Structures. Benchmark and base line at site. 3. Sewer Lines. Benchmarks at intervals not exceeding 2,000 feet and reference hubs at manholes and on line at intervals not exceeding 200 feet. 4. Waterlines. Reference hubs at turns in line,valves,and fire hydrants,and benchmarks at intervals not exceeding 2,000 feet. 5. Pavements and Ditches. Reference hubs on centerline or one right-of-way line at the P.C., P.I., and P.T. of curves and on tangents at intervals not exceeding 200 feet. Benchmarks at intervals not exceeding 2,000 feet. 6. Engineer will set stakes one time only. Contractor must satisfy himself, before commencing work, as to meaning or correctness of all stakes or marks, and no claim will be entertained for or on account of any alleged inaccuracies, or for alterations subsequently rendered necessary on account of such alleged inaccuracies, unless Contractor notifies Engineer in writing before commencing to work thereon. Contractor is to protect stakes and pay all costs involved in any restaking. Stakes, as described above, will be furnished as required by Contractor within 48 hours after written notification to Engineer by Contractor on stake-out request forms provided by Engineer. Contractor to have a representative on job at time field party begins work. H-2B D. UTILITY SERVICES FOR CONSTRUCTION. Contractor will provide all utilities necessary for construction at no additional cost to Owner unless otherwise specified in preceding Special Provision. E. MATERIALS TESTING. All materials, equipment, etc., per scope of work, used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards and frequency, or as required by the contract documents. The CONTRACTOR shall make all arrangements for such tests and inspections with a local independent testing laboratory acceptable to the OWNER, and the CONTRACTOR shall bear all related costs of tests and inspections. If such procedures for testing and inspection reveal failure to comply with accepted standards or with requirements established by the contract documents, all re-testing and re-inspection costs made necessary by such failure, including those of related procedures, shall also be at CONTRACTOR'S expense. If the ENGINEER and/or OWNER determines that portions of the project requires additional testing or inspection not included in CONTRACTOR'S original bid, the ENGINEER shall, upon written authorization from the OWNER, instruct the CONTRACTOR to make arrangements for additional testing and inspection. The costs for such additional testing and inspection shall be at OWNER'S expense. The CONTRACTOR'S independent testing laboratory shall give timely notice to the CONTRACTOR and the ENGINEER of when and where tests and inspections are to be made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections,the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. F. VARIATIONS DUE TO EQUIPMENT. Foundations, structural supports, electrical work, and piping shown on PLANS for items of equipment may be changed if necessary to accommodate equipment furnished. Every effort has been made to design foundations, structural supports, electrical work, and piping to that no changes will be necessary; however, exact dimensions and size of subject foundations and structural supports and exact electrical and piping installations cannot be finally determined until various items of equipment are purchased and manufacturer's certified shop drawings are secured. Make changes, after prior consultation with Engineer, at no cost to Owner. H-3B If substitute items of equipment are authorized which vary materially from those shown on PLANS, prepare equipment data and detailed drawings covering necessary modifications and submit to Engineer for approval. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking modifications. G. ALTERNATE DESIGNS. If alternate design features are proposed for convenience of Contractor, submit design calculations and detail drawings covering proposed changes and related modifications of Contract PLANS to Engineer for review. Make drawings same size as Contract PLANS and of comparable quality. Make payment of charges resulting from modifications, including engineering charges for checking such designs. H. SHOP DRAWINGS. Furnish engineer six (6) copies of shop and erection drawings, schedules, and data sheets covering items of construction and equipment listed below: 1. Structural and miscellaneous steel and steel tanks. 2. Architectural products. 3. Reinforcing steel 4. Pre-stressed reinforced concrete members. 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. OPERATION AND MAINTENANCE MANUALS. Operation and maintenance manuals are to be provided where required by Specification Item. H-4B 1. Contractor to be responsible for obtaining installation, operation, and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. Submit three (3) copies of each complete manual to the Engineer within ninety(90) days after approval of shop drawings, product data, and samples, and not later than the date of shipment of each item of equipment to the project site or storage location. 2. Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start up equipment. 3. Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. 4. The manual is to contain the following: (a) An 8'/2-inch x 11-inch typewritten sheet listing the manufacturer's identification, including order number, model, and serial number and location of parts and service centers. (b) A separate 8'/2-inch x 11-inch typewritten list of recommended stock of parts, including part number and quantity. (c) Complete replacement parts list. (d) Performance data and rating tables. (e) Specific instructions for installation, operation, adjustment, and maintenance. J. COST BREAKDOWN. Within fifteen (15) days after execution of Contract, submit, in acceptable form,schedule showing subdivision of Contract into various items of permanent construction, stating quantities and prices, as basis for computing value to Owner of permanent usable parts of facility to be paid for on monthly estimates. No payment will be made to Contractor until such schedule has been submitted and approved. K. PROGRESS SCHEDULE. Within fifteen (15) days after execution of Contract, submit in acceptable form, anticipated progress schedule covering work to be performed. L. GUARANTEES. Guarantee work, including equipment installed,to be free from defects due to faulty workmanship or materials for period of one year from date of issue of Certificate of Acceptance. Upon notice from Owner, repair defects in all construction which develop during specified period at no cost to Owner. Neither final acceptance nor final payment nor any provision in Contract Documents relieves Contractor of above H-5B guarantee. Notice of observed defects will be given with reasonable promptness. Failure to repair or replace defect upon notice entitles Owner to repair or replace same and recover reasonable cost thereof from Contractor and/or his Surety. M. SITE MAINTENANCE AND CLEAN-UP. Maintain sites of work during construction to keep them reasonably neat and free of trash, rubbish, and other debris. In clean-up operations, remove from sites of work and from public and private property, temporary structures, rubbish, and waste materials. Dispose of excavated materials beyond that needed to bring site to elevations shown. During final clean-up, any road constructed by Contractor for access to construction site to be leveled and ruts filled so that natural surface drainage is not hindered. N. MATERIALS AND EQUIPMENT. Incorporate into work only new materials and equipment of domestic manufacture unless otherwise designated. Store these materials and equipment in manner to protect them from damages. Manner of protection subject to specific approval of Engineer. Pipe, fittings, equipment, and other serviceable materials found on site of work, or dismantled by reason of construction,remain property of Owner. Remove and deliver materials to Owner at designated points. Pay, at prevailing market price, for usable materials that are damaged through negligence. O. SUBSURFACE EXPLORATION. It is not represented that PLANS show all existing storm sewer, sanitary sewer, water, gas, telephone, and electrical facilities, and other underground structures. Determine location of these installations in way of construction by referring to available records, consulting appropriate municipal departments and utility owners, and by making necessary exploration and excavations. P. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES. Whenever existing utilities, not indicated on PLANS, present obstructions to grade and alignment of pipe, immediately notify Engineer, who without delay, will determine whenever existing improvements are to be relocated, or grade and alignment of pipe changed. Where necessary to move services, poles, guy wires, pipelines, or other obstructions, make arrangements with owners of utilities. Owner will not be liable for damages on account of delays due to changes made by owners of privately owned utilities which hinder progress of work. Q. 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." H-6B R. INTERRUPTION OF UTILITY SERVICES. Operate no valve or other control on existing systems. Exercise care in performing work so as not to interrupt service. Locate and uncover existing utilities ahead of heavy excavation equipment. At house connections, either lift trenching machine over lines or cut and reconnect with minimum interruption of service, as approved. S. PROTECTIVE MEASURES. Where construction creates hazard to traffic or public safety, furnish and maintain suitable barricades, warning signs, and lights. Remove same when no longer necessary. T. USE OF STREETS. 1. Remove, as soon as practicable, accumulated rubbish and open each block for public use. Use of any portion of street shall not constitute acceptance of any portion of work. Backfill and shape trenches across street intersections or driveways for safe traffic at night or, where permitted, span open trenches with wooden mats or bridges to permit traffic flow. When driveways are cut, immediate placement of mats for ingress or egress of vehicles may be directed if undue hardship to property owner would otherwise result. 2. Except where approved otherwise, do not hinder or inconvenience travel on streets or intersecting alleys for more than two blocks at any one time. Whenever street is closed,place properly worded sign announcing fact to public, with proper barricades at nearest street corners, on both sides of obstruction. Leave no street or driveway blocked at night. 3. When street is closed, notify Fire Department and Police Department. 4. Do not block ditches, inlets, fire hydrants, etc., and, where necessary, provide temporary drainage. H-7B U. 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. 5. Affidavit of all Materials Paid. 6. Certificate of Warranty—City of Port Arthur form signed by Contractor. 7. Contractor's Certificate and Release- City of Port Arthur form signed by Contractor. 8. Engineer's Certificate of Acceptance- City of Port Arthur Engineer. H-8B SECTION I PAYMENT BOND PAYMENT BOND STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON THAT we , of the City of , County of , and State of , as Principal, and , as Surety, authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the Pleasure Island Commission, Port Arthur, Texas, and to all Subcontractors, workmen, laborers, mechanics and furnishers of material, and any other claimant, as their interest may appear, all of whom shall have the right to sue upon their bond, in the penal sum of Dollars ($ ), lawful currency of the United States of America, for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally and firmly by these presents: The condition of this Bond is such that, whereas, the above bounden Principal as prime contractor has on the day of , 2023, entered into a formal contract with the City of Port Arthur for which is hereby referred to and made part hereof as if fully written herein. NOW, THEREFORE, if the above bounden Principal shall protect all claimants supplying labor and material as provided for in Section 1 of Chapter 93 of the Acts of the 56th Regular Session of the Legislature of Texas (compiled as Article 5160 of Vernon's Texas Civil Statutes, as amended) and shall pay and perform any and every obligation that of such principal is required or provided for in such law, this bond being solely for the protection of all such claimants and being for the use of each such claimant, then this obligation shall be null and void, otherwise it shall remain in full force and effect. It is stipulated and agreed that no change, extension of time, addition to or modification of the Contract or work performed thereunder, shall in anywise affect the obligation of this bond, and surety expressly waives notice of any such change, extension of time, addition or modification. I-1 IN WITNESS WHEREOF, the said Principal has caused these presents to be executed, and the said surety has caused these presents to be executed, each by its duly authorized agent and officer, and its corporate seal to be affixed at on this the day of , A.D., 2023. CONTRACTOR ATTEST: BY: TITLE: SURETY ATTEST: BY: TITLE: NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute Bond. Surety companies executing bonds must appear on Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in Texas. 1-2 SECTION J PERFORMANCE BOND PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of , 2022, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. J-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or the 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. J-2 SECTION K ROADWAY REPAIR BOND ROADWAY REPAIR BOND STATE OF TEXAS COUNTY OF JEFFERSON KNOW BY ALL MEN BY THESE PRESENTS: That of the City of , County of State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Port Arthur, Texas, a municipal corporation (owner) in the penal sum of $100,000 Dollars for the payment whereof the said principal and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents; Whereas, the principal has entered into a certain written contract with City of Port Arthur, dated the day of , for the North Sewer Plant Waterline, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Whereas, under the plans, specifications and contract, it is provided that the contractor will maintain and keep in good repair the existing public streets, roadways or utilities used by the contractor during the construction period. Herein contracted to do all necessary repairing and/or reconstructing in whole or in part of said streets and roadways that should be occasioned by settlement of foundation, damage to roadway surface, or damage to existing utilities in the roadway right of way. Be it understood that the purpose of this section is to cover all damage to existing streets, roadways and utilities accessed and utilized by said contractor during construction. The said contractor and surety shall be subject to the liquidation damages mentioned in said contract for each day's failure on it's part to comply with the terms of said provisions of said contract; NOW, THEREFORE, if the said contractor shall keep and perform it's said agreement to maintain and repair said existing public streets, roadways and utilities, then these presents shall be null and void and have no further effect. If default shall be made by the said contractor in the performance of it's contract to so maintain and repair said existing public streets, roadways and utilities, then these presents shall have full force and effect and said Owner shall have and recover damages from the said contract and it's principal and surety. It is further agreed that this obligation shall be continuing one against the K-1 principal and surety herein, and that successive recoveries may be hereon for successive breaches until the full amount shall have been exhausted. PROVIDED, the aggregate liability of surety hereunder is limited to the penal sum of this bond. IT WITNESS WHEREOF, the said principal and surety have signed and sealed this instrument this day of , 2023. Principal Surety By: By: Title Title Address Address The name and address of the resident agent of surety is: NOTE: Date of Roadway Repair Bond must not be prior to date of contract. K-2 SECTION L NOTICE OF AWARD NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT OWNER: CITY OF PORT ARTHUR OWNER'S CONTRACT NO.: CONTRACT FOR CONSTRUCTION OF NORTH SEWER PLANT WATERLINE ******************************************************************************* You are notified that your Bid dated Wednesday, June 7, 2023 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for The NORTH SEWER PLANT WATERLINE The Contract Price of your contract is Amount( ). Work to be performed under this contract is to be completed within 45 calendar days. 6 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 6 sets of Working Documents (Contract Documents, Technical Specifications and Drawings) will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) Calendar days of the date of this Notice of Award,that is by , or by the first working day thereafter. 1. You must deliver to the ENGINEER 6 fully executed counterparts of the Agreement including all the Contract Documents and Certifications included with the Contract Documents. 2. You must deliver with the executed Agreement the Contract Security(Bonds) as specified in the Advertisement for Bids, General Conditions and Supplemental Conditions. 3. You must deliver to the ENGINEER 2 original Certificates of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees, to be expressly named as additional insureds,in accordance with the General Conditions. NOTICE OF AWARD 1/2 Contraction Firm Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within fifteen (15) calendar days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: City of Port Arthur, TEXAS BY: TITLE: ACCEPTANCE OF AWARD: CONTRACTOR: BY: TITLE: DATE: 2/2 SECTION M NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO. CONTRACT FOR: NORTH SEWER PLANT WATERLINE ***************************************************************************** Work to be performed under this contract is to be completed within 45 calendar days. You are notified that the Contract Times under the above contract will commence to run on . By that date, you are to start performing your obligations under the Contract Documents. The date of Final Completion will be Before you may start any Work at the site, Section C, Paragraph 5 of the Contract Documents provides that you must deliver to the OWNER Certificates of Insurance which you are required to purchase and maintain in accordance with the Contract Documents. (Owner/Engineer) BY: (Authorized Signature) (rye) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: (Title) (Date) SECTION N INSURANCE ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, (A/C.No.Ex!): Nob: E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC i INSURERA: INSURED INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR. POUCYEFF POLICY EXP - LTR TYPE OF INSURANCE INSR WYD POUCYNUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED I i PREMISES(Ea occurrence) $ CLAIMS-MADE I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY DIE 0 LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident) $ AUTOS I D AUTOS • HIRED AUTOS I NON-OWNED PROPERTY DAMAGE AUTOS I (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ _ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N NIA TORY LIMITS_ ER E. ANY PROPRIETOR/PARTNER/EXECUTIVE L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? i - - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION 0 TECHNICAL SPECIFICATIONS PROPOSED 6" WATER LINE To Serve North Sewer Plant Port Arthur Bid No. P23-49 FS Project No. 22101 TECHNICAL SPECIFICATIONS • GENERAL PROJECT MANAGEMENT • GENERAL EROSION AND SEDIMENTATION CONTROL PRACTICES • FILTER FABRIC FENCE • SWP3 - STORM WATER POLLUTION PREVENTION PLAN • SITE CLEARING • SITE GRADING AND EXCAVATION • DEWATERING • EXCAVATION SUPPORT AND PROTECTION • TRENCH SAFETY SYSTEMS • BARBED WIRE FENCING • HORIZONTAL DIRECTIONAL DRILLING • WET BORE • CONSTRUCTION OF WATER LINES • AIR RELEASE VENT PIPING • HYDROSTATIC TESTING OF PRESSURE LINES • DISINFECTION AND TESTING OF WATER LINES FS 22101 GENERAL PROJECT MANAGEMENT A. PROJECT MEETINGS 1. PRECONSTRUCTION CONFERENCE To be held at a time, date, and place to be determined. Mandatory attendance by: Project Superintendent, Major Material Suppliers, Engineer, and Owner Representatives. 2. PURPOSE: a. To discuss questions pertaining the Drawings and Specifications from any person present. b. To clarify the Owner's role and participation in materials supplying. c. To review submittals and procedures required. d. To discuss requirements for monthly payments, substantial completion, and final payment. e. To discuss specific phasing requirements to accommodate the ongoing operations of the existing school and traffic patterns. 3. PROJECT PROGRESS MEETINGS: A. Review of the project status on a biweekly basis by the Project Superintendent, Engineer, Subcontractors, and Representative of the Owner. Meetings will typically be held on the job site. B. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1. GENERAL: 1. The Project Superintendent shall be responsible to the Owner for all temporary facilities, storage area, and traffic controls, in and around the project site during the construction period, and shall control excessive dust, noise, etc. with the intent of minimizing it. Each sub-contractor shall coordinate temporary facilities, storage areas and traffic control, in and around the project site, with the Project Superintendent. 2. ACCESS TO SITE: Suitable areas at the project site for the Contractor's office, warehouse, storage of materials, etc. will be provided free of charge by the Owner. Specific location shall be coordinated with and approved by the Engineer and Owner. 3. SANITARY FACILITIES: The Project Superintendent shall provide and maintain sanitary toilets and sanitary urinals for use by those engaged on the job site. Provide one (1) urinal and one (1) toilet for each 25 workmen. The Project Superintendent shall keep such toilet facilities in sanitary condition and at the completion of the contract, remove them from the job site. 4. TEMPORARY UTILITIES: The Owner will pay for temporary utilities at the construction site. The Sub-Contractors shall confer with the Project Superintendent, utilities representatives, and other sub-contractors, making such arrangements as are required, for temporary utilities needed during the course of construction. Each Sub-Contractor shall provide and coordinate with the Project Superintendent, hook-ups and runs for all utilities used during construction until final acceptance by the Owner. All Sub-Contractors shall make arrangements with the Project Superintendent for such services as they may require. 5. TEMPORARY CONSTRUCTION BUILDINGS: a. The Project Superintendent shall provide one (1) job sign, located as indicated by the Engineer. The job sign shall be constructed and installed immediately after signing of the construction contract and will remain in place until final completion, or by instruction of the Owner. The job sign will include the job name, the Owner's information, the name and address of the Engineer, name and address of the Contractor. b. Signs or advertisements other than the job sign are not permitted to be displayed without Owner's approval. C. GUARANTEES/WARRANTIES: 1. Where guarantees and/or warranties are required by the Contract Documents, or they are shown in printed technical literature, the Sub-Contractor shall furnish to the Project Superintendent three (3) copies of all guarantees or warranties made out in the name of the Owner prior to final payment. At completion of the work, the Contractor must supply a copy of the warranty and proof that the warranty has been received and accepted by the manufacturer, to the Owner, in care of the Contractor. D. WORKER PROTECTION AND OSHA COMPLIANCE 1. Protection of workers and construction practices will be in accordance with OSHA requirements. 2. Worker Protection Program: The Contractor will have a written plan for the protection of his workers in accordance with OSHA requirements. The Plan must also address required training and Certification of such training for all workers and the competent person for the project. 3. Competent Person -The Contractor must identify in writing the name,job title and qualifications of the person that will be designated as the competent person on the project site. END OF SECTION GENERAL EROSION & SEDIMENTATION PRACTICES Part 1 - General 1.1. Description A. This item describes the installation of erosion and sedimentation control practices which must be utilized during construction activities. 1.2. Related Work A. Related work as called for in PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATION. Part 2- Products Provide materials as specified in PART 3. Part 3- Execution 3.1. General A. No clearing and grubbing or rough cutting, other than as specifically directed by the Owner to allow soil testing and surveying, shall be permitted until erosion and sedimentation control systems are in place. B. Equipment and vehicles shall be prohibited by Contractor from maneuvering on areas outside of designated construction zone. Damages caused by construction traffic to erosion and sedimentation control systems shall be repaired immediately. C. Contractor shall employ protective measures to avoid damage to existing trees to be retained on the project site. D. Conduct all construction operations under this Contract in conformance with the erosion control practices described in that Item. 3.2. Top soiling for Erosion and Sedimentation Control Systems A. When removal, stockpiling, and replacing of topsoil and vegetation (topsoiling) is called for as a component of another Item, conduct erosion control practices described in this Item during top soiling operation. 1. When top soiling, maintain erosion and sedimentation control systems, such as swales, grade stabilization structures, berms, dikes, waterways, and sediment basins. 2. Maintain grades which have been previously established on areas to be top soiled. 3. After the areas to be top soiled have been brought to grade, and immediately prior to dumping and spreading the topsoil, the subgrade shall be loosened by discing or by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to the subsoil. Compact by passing a bulldozer up and down the slope to create horizontal erosion control slots. 4. No sod or seed shall be placed on soil which has been treated with soil sterilants until sufficient time has elapsed to permit dissipation of toxic materials. 3.3. Protection of Trees in Construction Areas A. Heavy equipment, vehicular traffic, and stockpiles of construction materials, including topsoil, are not permitted within the drip line of any tree to be retained. Contractor shall avoid all contact with trees to be retained unless otherwise directed by Owner or required by the work of this Contract. B. Specimen trees shown on the PLANS shall be boxed or fenced. When called for in the PLANS, tunnel under the root system for the installation of utility lines. C. Tree trunks, exposed roots, and limbs of the trees designated to be retained which are damaged during construction operations will be cared for as prescribed by a forester or licensed tree expert at the expense of the Contractor. 3.4. Dust Control A. Control dust blowing and movement on construction sites and roads to prevent exposure of soil surfaces, to reduce on and off-site damage, to prevent health hazards and to improve traffic safety. B. Control dust blowing by utilizing one or more of the following methods: 1. Mulches, bound with chemical binders such as Curasol, Terratack, or equal. 2. Temporary vegetative cover. 3. Spray-on adhesives on mineral soils when not used by traffic. iv)Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 5. Barriers using solid board fences, snow fences, burlap fences, crate walls, bales of hay, or similar materials. C. Dust control methods shall be implemented immediately whenever dust can be observed blowing on the project site. 3.5. Equipment Maintenance and Repair A. Maintenance and repair of construction machinery and equipment must be confined to areas specifically designated for that purpose. Such designated areas must be located and designed so that oils, gasoline, grease, solvents, and other potential pollutants cannot be washed directly into receiving streams or storm water conveyance systems. These areas must be provided with adequate waste disposal receptacles for liquid as well as solid waste. Maintenance areas should be inspected and cleaned daily. B. On a construction site where designated equipment maintenance areas are not feasible, care must be taken during each individual repair or maintenance operation to prevent potential pollutants from becoming available to be washed into streams or conveyance systems. Temporary waste disposal receptacles must be provided. 3.6. Waste Collection and Disposal A. A plan shall be formulated for the collection and disposal of waste materials on a construction site. Such a plan must designate locations for trash and waste receptacles and establish a special collection schedule. Methods for ultimate disposal of waste must be specified and carried out in accordance with applicable local, state, and federal health and safety regulations. Special provisions must be made for the collection and disposal of liquid wastes and toxic or hazardous materials. B. Receptacles and other waste collection areas must be kept neat and orderly to the extent possible. Waste should not be allowed to overflow its container or accumulate for excessively long periods of time. Trash collection points must be located where they will least likely be affected by concentrated storm runoff. 3.7. Washing Areas A. Vehicles such as cement or dump trucks and other construction equipment must not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Special areas must be designated for washing vehicles. These areas should be located where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. Wash areas must have gravel or rock bases to minimize mud generation. 3.8. Storage of Construction Materials, Chemicals, Etc. A. Sites where chemicals, cements, solvents, paints, or other potential water pollutants are to be stored, must be isolated in areas where they will not cause runoff pollution. Toxic chemicals and materials, such as pesticides, paints, and acids must be stored in accordance with manufacturer's guidelines. Groundwater resources must be protected from leaching by placing a plastic mat, packed clay, tar paper, or other impervious materials on any areas where toxic liquids are to be opened or stored. 3.9. Demolition Areas A. Demolition projects usually generate large amounts of dust with significant concentrations of heavy metals and other toxic pollutants. Dust control techniques shall be used to limit the transport of the airborne pollutants. However, water or slurry used to control dust must be retained on the site and not allowed to run directly into watercourses or storm water conveyance systems. 3.10. Sanitary Facilities A. All construction sites must be provided with adequate sanitary facilities for workers in accordance with applicable health regulations. 3.11. Pesticides A. Pesticides used during construction should be stored and used in accordance with manufacturer's guidelines and with local, state and federal regulations. Overuse should be avoided and great care should be taken to prevent accidental spillage. Pesticide containers must never be washed in or near flowing streams or storm water conveyance systems. 3.12. Construction Methods A. Provide filter fabric fence systems at locations specified on PLANS in accordance with enclosed drawing. Filter fabric fence systems shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulate. B. Attach the filter fabric to 1 inch by 2 inch wooden stakes spaced at a maximum of 3 feet apart and embedded a minimum of 1 foot. The wooden stakes shall be installed at a slight angle toward the source of anticipated runoff. C. Trench in the tow of the filter fabric fence with a spade or mechanical trencher so that the downward face of the trench is flat and perpendicular to the direction of flow or for V-trench configuration as shown on the attached detail drawing. Lay filter fabric along the edges of the trench. Backfill and compact trench. D. The filter fabric should be provided in continuous rolls and cut to length of the Silt Fence to minimize the use of joints. When joints are necessary, the fabric should be spliced together only at a support post with a minimum 6 inch overlap, and sealed securely. E. Inspect sediment filter barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once a week. Repair or replace damaged section immediately to restore the requirements of this Item. Remove sediment deposits when silt reaches one-third of the height of the fence in depth. 3.13. Measurement and Payment A. Unless indicated in the PROPOSAL as a pay item, there will be no separate payment for work performed under this Item. Include cost of work performed under this Item in Contract prices bid for items of which this work is a component. When indicated in PROPOSAL as pay item, measure and pay for the filter fabric fence by the linear feet of completed and accepted filter fabric fence between the limits of the beginning and ending of wooden stakes. Filter fabric fence, measured as stated, will be paid for at the unit price bid for "Filter Fabric Fence, complete in place." B. Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place, including, but not limited to, protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sedimentation control systems at the end of construction. END OF SECTION FILTER FABRIC FENCE Part 1 — General 1.1. Description This item describes the installation of erosion and sedimentation control filter fabric fences utilized during construction and prior to the final development of the site. 1.2. Related Work Related work as called for in the Plans or specified elsewhere in this or other Technical Specification. 1.3. Submittals Manufacturer's catalog sheets and other pertinent information on geotextile fabric. Part 2- Products 2.1. Filter Fabric Provide woven or non-woven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. Geotextile fabric shall have a grab strength of 100 psi in any principal direction (ASTM D-4632), Mullen burst strength exceeding 200 psi (ASTM D-3786), and the equivalent opening size specified on PLANS. Filter fabric material shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six months of expected usable construction life at a temperature range of 0oF to 120oF. Representative Manufacturers: Marifi Inc. or equal. Part 3- Execution 3.1. General A. Provide erosion and sedimentation control systems at the location shown on PLANS. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on PLANS and set out in this item. B. No clearing and grubbing or rough cutting, other than as specifically directed by the Owner to allow soil testing and surveying, shall be permitted until erosion and sedimentation control systems are in place. C. Maintain existing erosion and sedimentation control systems located within the project site installed by others prior to start of construction under this contract until acceptance of the project or until directed by the Owner to remove and discard the existing system. E. Inspect and repair or replace components of all erosion and sedimentation control systems as specified for each type of system. Unless otherwise directed, maintain the erosion and sedimentation control systems until the project is accepted by the Owner. Remove erosion and sedimentation control systems promptly when directed by the Owner. Discard removed materials off site. F. Remove and dispose sediment deposits at the project spoil site. If a project spoil site is not designated on PLANS, dispose of sediment off site at a location not in or adjacent to stream or flood plain. Off-site disposal will be the responsibility of the Contractor. Sediment to be placed at the project site should be spread, compacted and stabilized in accordance with the Owner's directions. Sediment shall not be allowed to flush into stream or drainage way. If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state and local regulations. G. Unless otherwise indicated, compact embankments, excavations, and trenches by mechanically blading, tamping, and rolling soil in a maximum of 8-inch layers. Compaction density shall be a minimum of 90 percent Standard Proctor Density ASTM D-698. Make at least one test per 500 cubic yards of embankment. H. Equipment and vehicles shall be prohibited by Contractor from maneuvering on areas outside of designated construction zone. Damages caused by construction traffic to erosion and sedimentation control systems shall be repaired immediately. Contractor shall employ protective measures to avoid damage to existing trees to be retained on the project site. Conduct all construction operations under this Contract in conformance with the erosion control practices described in that Item. 3.2. Construction Methods A. Provide filter fabric fence systems at locations specified on PLANS in accordance with enclosed drawing. Filter fabric fence systems shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulate. B. Attach the filter fabric to 1 inch by 2 inch wooden stakes spaced at a maximum of 3 feet apart and embedded a minimum of 1 foot. The wooden stakes shall be installed at a slight angle toward the source of anticipated runoff. C. Trench in the tow of the filter fabric fence with a spade or mechanical trencher so that the downward face of the trench is flat and perpendicular to the direction of flow or for V-trench configuration as shown on the attached detail drawing. Lay filter fabric along the edges of the trench. Backfill and compact trench. D. The filter fabric should be provided in continuous rolls and cut to length of the Silt Fence to minimize the use of joints. When joints are necessary, the fabric should be spliced together only at a support post with a minimum 6 inch overlap, and sealed securely. E. Inspect sediment filter barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once a week. Repair or replace damaged section immediately to restore the requirements of this Item. Remove sediment deposits when silt reaches one-third of the height of the fence in depth. 3.3. Measurement and Payment A. Unless indicated in the PROPOSAL as a pay item, there will be no separate payment for work performed under this Item. Include cost of work performed under this Item in Contract prices bid for items of which this work is a component. When indicated in PROPOSAL as pay item, measure and pay for the filter fabric fence by the linear feet of completed and accepted filter fabric fence between the limits of the beginning and ending of wooden stakes. Filter fabric fence, measured as stated, will be paid for at the unit price bid for "Filter Fabric Fence, complete in place." B. Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place, including, but not limited to, protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sedimentation control systems at the end of construction. END OF SECTION SWP3 -STORM WATER POLLUTION PREVENTION PLAN PART 1 GENERAL 1.1 PLAN REQUIREMENTS A. This Section describes the required documentation to be prepared and signed by the Contractor before conducting construction operations, in accordance with the Texas Commission on Environmental Quality (TCEQ) and the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Permit, as stated in the Federal Register Vol. 57 No. 175, issued by the Environmental Protection Agency on September 9, 1992. B. Contractor shall develop a Storm Water Pollution Prevention Plan (SWP3) in accordance with TCEQ General Permit TXR150000 which shall be specifically written to correspond to the Project. Copies of Texas General Permit TXR150000 will be made available to the contractor upon request. C. Contractor shall review implementation of the Storm Water Pollution Prevention Plan (SWP3) in a meeting with the Engineer prior to start of construction. D. Contractor shall be responsible for implementation, maintenance, and inspection of storm water pollution prevention control measures including, but not limited to, erosion and sediment controls, storm water management plans, waste collection and disposal, off-site vehicle tracking, and other practices shown on the Drawings or specified elsewhere in this or other Specifications. 1.2 UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay items of which this work is a component. 1.3 REFERENCES Texas Commission on Environmental Quality—"Storm Water Permits for Construction" www.tceq.state.tx.us/nay/permits/wq_construction.html PART 2 PRODUCTS Storm Water Prevention Pollution Plan (SWP3) shall be prepared for all sites regardless of project size. SWP3 shall be a written document contained within a 3 ring binder or other device to permit addition of inspection worksheets. The Plan shall contain the following elements as required by TCEQ General Permit TXR150000 and EPA.: A. Site description of project which includes the nature of construction activity, potential pollutants and sources of pollutants. B. Proposed Project Schedule, indicate phases of construction, indicating installation of pollution control devices on the site and final cleanup of the site. C. Acreage of the site D. Data describing soil, and/or quality of discharge from the site. E. General location map of the site F. Detailed Site Map indicating drainage patters and proposed controls G. List Erosion and sediment controls selected H. Soil Stabilization methods SWP3 Plan shall also describe practices to reduce pollutants on the storm water discharge, shall describe frequency of inspection of devices and shall list the person designated as the "responsible person"for such inspections PART 3 EXECUTION 3.01 NOTICE OF INTENT A. Sites Greater than 5 Acres or designated as part of a "larger common plan of development": The Contractor shall fill out, sign, and date the Contractor's Notice of Intent (NOI). The signed copy of the Contractor's NOI shall be submitted to the Owner for signature. Contractor will complete the Owner's Notice of Intent and will submit both Contractors NOI and Owners NOI to the EPA. Submission of the NOI is required by both the Owner and the Contractor before construction operations start. B. Sites less than 5 Acres: Notice to TCEQ or EPA is not required, however Contractor shall prepare SWP3 Plan and Post a"TCEQ Construction Site Notice" on site. 3.02 CERTIFICATION REQUIREMENTS A. On the Operator's Information form attached as SWP3-1, the Contractor shall fill out name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B. The Contractor and Subcontractors named in the Operator's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached as SWP3-2. C. The Operator's Information form and all certification forms shall be submitted to the Owner before beginning construction. 3.03 RETENTION OF RECORDS A. The Contractor shall keep a copy of the Storm Water Pollution Prevention Plan (SWP3) at the construction site or at the Contractor's office from the date that it became effective to the date of project completion. B. Contractor shall inspect and maintain erosion control devices on a periodic basis as identified in SWP3 Plan. Contractor shall keep record of such inspections and maintenance and attach to SWP3 plan for the site. C. At project closeout, the Contractor shall submit to the Owner all NPDES forms and certifications, as well as a copy of the SWP3. Storm water pollution prevention records and data will be retained by Owner for a period of 3 years from the date of project completion. 3.04 REQUIRED NOTICES The following notices shall be posted from the date that this SWPPP goes into effect until the date of final site stabilization: A. Copies of the Notices of Intent submitted by the Owner and Contractor and a brief project description shall be posted at the construction site or at Contractor's office in a prominent place for public viewing. B. Notice to drivers of equipment and vehicles, instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. C. In an easily visible location on site, post a notice of waste disposal procedures. D. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on site. Keep copies of Material Safety Data Sheets at a location on site that is known to all personnel. E. Keep a copy of each signed certification at the construction site or at Contractor's office. END OF SECTION SWP3-1 OPERATORS INFORMATION Project Name Proposed 6" Water Line to Serve North Sewer Plan City of Port Arthur Location Mile Post K. 778 9? Port Arthur, Texas 77642 Owner's Name &Address City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Contractor's Name &Addresses General Contractor Telephone Site Superintendent Telephone Erosion Control & Maintenance Inspections Telephone Subcontractor's Names &Addresses Phone Phone Phone Phone SWP3-2 CONTRACTOR & SUBCONTRACTORS CERTIFICATION Project Name 6" Water Line to Serve North Sewer Plant City of Port Arthur Location Mile Post K 778.91 Port Arthur, Texas 77642 Owner's Name &Address City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 I certify that I have read and understand the Storm Water Pollution Plan (SWP3)which has been prepared for this site that authorizes the construction activities and erosion control methods and maintenance requirements and will abide by such plan. CONTRACTOR Signature: Name (printed or typed): Title: Company: Address: Phone: SUBCONTRACTOR Signature: Name (printed or typed): Title: Company: Address: Phone: SUBCONTRACTOR Signature: Name (printed or typed): Title: Company: Address: Phone: -a a) 2 m 0 ctm a) C a) (0 ,_ C •5 a) a- C_ a) tY 2 I- < a- aw re Z w O C) M Jz oa W 'V O aaz ao w2 Z � O O V w 0. CD L Z E •0) LE m cn a) _ C 0 (0 U 0 J I- O .- U O U a) N C O O O O co C) .� U C 0 U 1 SITE CLEARING PART 1 GENERAL 1.1 MATERIALS OWNERSHIP Except for materials indicated to be stockpiled or to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from the site. 1.2 TRAFFIC Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. PART 2 PRODUCTS 2.1 Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Division 2 Section "Earthwork." Obtain approved borrow soil materials off-site when satisfactory soil materials are not available on- site. PART 3 EXECUTION 3.1 Locate and clearly flag trees and vegetation to remain or to be relocated. 3.2 Protect existing site improvements to remain from damage during construction. Restore damaged improvements to their original condition, as acceptable to Owner. 3.3 Erect and maintain a temporary fence around drip line of individual trees or around perimeter drip line of groups of trees to remain. Remove fence when construction is complete. Where excavation for new construction is required within drip line of trees, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible. 3.4 Do not excavate within drip line of trees, unless otherwise indicated. 3.5 Repair or replace trees and vegetation indicated to remain that are damaged by construction operations, in a manner approved by Architect. 3.6 Utilities: Locate, identify, disconnect, and seal or cap off utilities indicated to be removed. Do not interrupt utilities serving facilities occupied by Owner or other unless permitted. Arrange to provide temporary utility services. Excavate for and remove underground utilities indicated to be removed. 3.7 Clearing and Grubbing: Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. Removal includes digging out stumps and obstructions and grubbing roots. Fill depressions with satisfactory select fill. Place select fill material in horizontal layers not exceeding 8-inch (200-mm) loose depth, and compact each layer to a density equal to adjacent original ground. 3.8 Topsoil Stripping: Remove sod and grass before stripping topsoil. Strip topsoil to whatever depths are encountered in a manner to prevent intermingling with underlying subsoil or other waste materials. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil. Grade and shape stock piles to drain surface water. Cover to prevent windblown dust. Existing topsoil may be used where topsoil is required in project plans or specifications. 3.9 Site Improvements: Remove existing above and below-grade improvements as indicated and as necessary to facilitate new construction. 3.10 Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off Owner's property. END OF SECTION SITE GRADING AND EXCAVATION PART 1 GENERAL This item shall govern for all excavation required for the construction of structures, appurtenances and connections, for foundations, and for the backfilling around foundation to the level of the original ground, all in conformity with the locations, lines, and grades shown on the plans or as given by the Engineer, and in accordance with these specifications. This item shall govern, also, for the necessary pumping or bailing and drainage required for installation, and all sheathing and bracing of trench walls of excavation. This item shall govern for the removal and disposition of tree stumps and other obstructions of old structures or portions thereof encountered (such as house foundations, old sewers, and sewer appurtenances), and the restoration of existing utilities damaged in the process of excavation. Stripping shall consist of removal of topsoil and satisfactory disposal of unsuitable materials encountered within the limits of the designated project site. 1.1.Construction Methods A. Stripping The existing topsoil shall be removed from within the limits of construction as indicated on the plans and stockpiled at a designated location or spread over an area that is ready for topsoil application. Trash, wood, brush stumps and other objectionable materials encountered shall be removed and disposed of prior to stockpiling or spreading. B Excavation Unless otherwise permitted by the Engineer, all excavations shall be constructed in open cut trenches with vertical or sloping sides. Excavation shall be sheathed and braced to the extent necessary to maintain the sides of the trench in vertical position throughout the construction period when necessary. Adequacy of the sheathing and bracing shall be the responsibility of the Contractor but will be subject to the approval of the Engineer. Where the soil encountered at established footing grade is a quicksand, muck, or similar unstable material, the following procedure shall be used: All unstable soil shall be removed to a depth of 2 feet below bottom of the excavation. Such excavation shall be carried at least 1 foot beyond the horizontal limits of the structure on all sides. All unstable soil so removed shall be replaced with suitable stable material, placed in uniform layers of suitable depth as directed by the Engineer, and each layer shall be wetted, if necessary, and compacted by mechanical tamping as required to provide a stable foundation for the structure. For unstable trench conditions requiring outside forms, seals, sheathing, and bracing, or where ground water is encountered, any additional excavation and backfill required shall be done at the Contractor's expense. A. Dewatering Concrete for structures shall not be constructed or laid in a trench in the presence of water. All water shall be removed from the excavation sufficiently prior to placing operation to insure any firm bed on which to place the concrete and the excavation shall be maintained in such unwatered condition until installed concrete and mortar is set. Removal of water may be accomplished by bailing, pumping, or by a well-point installation should conditions warrant and be approved by the Engineer. B. Removing Old Structures When abandoned masonry structures or foundations are encountered in the excavation, such obstructions shall be removed for the full width of the trench and to a depth of 1 foot below the bottom of the excavation. In each instance, the bottom of the excavation shall be restored to grade by backfilling and compacting by the methods provided hereinafter for backfill. Where the excavation cuts through storm or sanitary sewers which are known to be abandoned, these sewers shall be cut flush with the sides of the trench and blocked with a concrete plug in a manner satisfactory to the Engineer. C. Protection of Utilities The Contractor shall conduct his work such that a reasonable minimum of disturbance to existing utilities will result. Particular care shall be exercised to avoid the cutting or breakage of water and gas lines. Such lines, if broken, shall be restored promptly by the Contractor and at his expense. When active sanitary sewer lines are cut in the trenching operations, temporary flumes shall be provided across the trench, while open, and the lines shall be restored when the backfilling has progressed to the original lines of the sewer so cut. The Contractor shall inform utility owners sufficiently in advance of the Contractor's operations to enable such utility owners to reroute, provide temporary detours or to make other adjustments to utility lines in order that the Contractor may proceed with his work with a minimum of delay and expense. The Contractor shall cooperate with all utility owners concerned in effecting any utility adjustments necessary and shall not hold the Owner liable for any expense due to delay or additional work because of conflicts. D. Surplus Excavated Materials All materials from excavation operations not required for backfilling shall be placed in embankments if considered suitable. All material not suitable for use will be declared surplus by the Engineer and shall become the property of the Contractor to dispose of as he wishes, without injury to the Owner or any individual. Such surplus material shall be removed from the work promptly following the completion of the portion of the sewer involved. E. Backfill Excavation shall be backfilled with material selected from the excavation, or obtained from other sources, which is free from stones of such size as to interfere with compaction and is free from large lumps which will not break down readily under compaction. The Engineer shall have the right to reject any material containing more than 20 per cent by weight of material retained on a 3-inch sieve, or material excavated in such a manner as to produce large lumps not easily broken down or which cannot be spread in loose layers. The backfill shall be placed in layers not more than 10 inches in depth (loose measurement) and shall be compacted by whatever means the Contractor chooses to a density comparable with the adjacent undisturbed material. The backfill shall have a rounded top 6 inches above natural ground. After the backfill takes its initial settlement, and if the settlement is below the original ground surface, more earth backfill shall be placed to bring the backfill up to 6 inches above natural ground with a rounded top. Should poor compaction of the backfill, in the opinion of the Engineer, result in excessive settlement in the trench, then the Contractor shall, upon direction of the Engineer, place flexible base material where such conditions exist and at the Contractor's expense. Backfill below the top of pipelines, manholes or other structures and appurtenances shall be placed and compacted equally along all sides of the structure so as to prevent strain on, or displacement of, the structure. Measurement and payment for "CEMENT STABILIZED SAND" shall be directed in Spec. "CEMENT STABILIZED SAND". 1.2.Basis of Payment All work under this item shall be included in Unit Prices Bid for various Bid Items. No separate payment will be made for any work described in this item, each item's cost being included in the unit price bid of which the work is a component, and shall be full compensation for furnishing all material, equipment and labor necessary to perform the work in accordance with these specifications. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION DEWATERING PART 1 GENERAL RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. SUMMARY Section includes construction dewatering. Related Sections: Division 31 Section "Earth Moving"for excavating, backfilling, site grading, or site utilities. PERFORMANCE REQUIREMENTS Dewatering Performance: Design, furnish, install, test, operate, monitor, and maintain dewatering system of sufficient scope, size, and capacity to control hydrostatic pressures and to lower, control, remove, and dispose of ground water and permit excavation and construction to proceed on dry, stable subgrades. Continuously monitor and maintain dewatering operations to ensure erosion control, stability of excavations and constructed slopes, that excavation does not flood, and that damage to subgrades and permanent structures is prevented. Prevent surface water from entering excavations by grading, dikes, or other means. Accomplish dewatering without damaging existing buildings, structures, and site improvements adjacent to excavation. Remove dewatering system when no longer required for construction. QUALITY ASSURANCE Regulatory Requirements: Comply with governing EPA notification regulations before beginning dewatering. Comply with hauling and disposal regulations of authorities having jurisdiction. Pre-installation Conference: Conduct conference at pre-construction meeting. Review methods and procedures related to dewatering including, but not limited to, the following: Inspection and discussion of condition of site to be dewatered including coordination with temporary erosion control measures and temporary controls and protections. Proposed site clearing and excavations. Existing utilities and subsurface conditions. Construction schedule. Verify availability of Installer's personnel, equipment, and facilities needed to make progress and avoid delays. Testing and monitoring of dewatering system. PROJECT CONDITIONS Project-Site Information: A geotechnical report has been prepared for this Project and is available for information only. The opinions expressed in this report are those of geotechnical engineer and represent interpretations of subsoil conditions, tests, and results of analyses conducted by geotechnical engineer. Owner will not be responsible for interpretations or conclusions drawn from this data. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION PREPARATION Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by dewatering operations. Prevent surface water and subsurface or ground water from entering excavations, from ponding on prepared subgrades, and from flooding site and surrounding area. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. Provide temporary grading to facilitate dewatering and control of surface water. Monitor dewatering systems continuously. Promptly repair damages to adjacent facilities caused by dewatering. Protect and maintain temporary erosion and sedimentation controls, during dewatering operations. INSTALLATION Provide an adequate system to lower and control ground water to permit excavation, construction of structures, and placement of fill materials on dry subgrades. Install sufficient dewatering equipment to drain water-bearing strata above and below bottom of foundations, drains, sewers, and other excavations. Do not permit open-sump pumping that leads to loss of fines, soil piping, subgrade softening, and slope instability. Dispose of water removed by dewatering in a manner that avoids endangering public health, property, and portions of work under construction or completed. Dispose of water and sediment in a manner that avoids inconvenience to others. Provide sumps, sedimentation tanks, and other flow-control devices as required by authorities having jurisdiction. Provide standby equipment on site, installed and available for immediate operation, to maintain dewatering on continuous basis if any part of system becomes inadequate or fails. If dewatering requirements are not satisfied due to inadequacy or failure of dewatering system, restore damaged structures and foundation soils at no additional expense to Owner. Damages: Promptly repair damages to adjacent facilities caused by dewatering operations. FIELD QUALITY CONTROL Provide continual observation to ensure that subsurface soils are not being removed by the dewatering operation. END OF SECTION EXCAVATION SUPPORT AND PROTECTION PART 1 GENERAL 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions apply to this Section. 1.3 SUMMARY A. Includes temporary excavation support and protection systems. B. Related Items : 1. Construction Progress Documentation for recording preexisting conditions and excavation support and protection system progress. 2. "Temporary Facilities and Controls"for temporary utilities and support facilities. 3. "Dewatering"for dewatering system for excavations. 1.4 PERFORMANCE REQUIREMENTS A. Furnish, install, monitor, and maintain excavation support and protection system capable of supporting excavation sidewalls and of resisting soil and hydrostatic pressure and superimposed and construction loads. 1. Delegated Design: Design excavation support and protection system, including comprehensive engineering analysis by a qualified professional engineer, using performance requirements and design criteria indicated. 2. Prevent surface water from entering excavations by grading, dikes, or other means. 3. Install excavation support and protection systems without damaging existing buildings, structures, and site improvements adjacent to excavation. 4. Monitor vibrations, settlements, and movements. 1.5 SUBMITTALS A. Shop Drawings: For excavation support and protection system. B. Delegated-Design Submittal: For excavation support and protection system indicated to comply with performance requirements and design criteria, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation. C. Other Informational Submittals: 1. Record Drawings: Identifying and locating capped utilities and other subsurface structural, electrical, or mechanical conditions. 1.6 QUALITY ASSURANCE A. Pre-installation Conference: Conduct conference at Project site. 1. Review methods and procedures related to excavation support and protection system including, but not limited to, the following: Geotechnical report. Existing utilities and subsurface conditions. Proposed excavations. Proposed equipment. Monitoring of excavation support and protection system. Working area location and stability. Coordination with waterproofing. Abandonment or removal of excavation support and protection system. 1.7 PROJECT CONDITIONS A. Interruption of Existing Utilities: Do not interrupt any utility serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility according to requirements indicated: 1. Notify Construction Manager no fewer than two days in advance of proposed interruption of utility. B. Project-Site Information: A geotechnical report has been prepared for this Project and is available for information only. The opinions expressed in this report are those of geotechnical engineer and represent interpretations of subsoil conditions, tests, and results of analyses conducted by geotechnical engineer. Owner will not be responsible for interpretations or conclusions drawn from the data. 1. Make additional test borings and conduct other exploratory operations necessary for excavation support and protection. 2. The geotechnical report is referenced elsewhere in the Project Manual. PART 2 PRODUCTS 2.1 MATERIALS A. General: Provide materials that are either new or in serviceable condition. B. Structural Steel: ASTMA36. C. Steel Sheet Piling: ASTMA328;with continuous interlocks. D. Wood Lagging: Lumber, mixed hardwood, nominal rough thickness of size and strength required for application. E. Cast-in-Place Concrete: ACI 301, of compressive strength required for application. F. Reinforcing Bars: ASTM A 615, Grade 60, deformed. G. Tiebacks: Steel bars, ASTM A 722/A 722M. H. Tiebacks: Steel strand, ASTM A 416/A 416M. PART 3 EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards that could develop during excavation support and protection system operations. 1. Shore, support, and protect utilities encountered. B. Install excavation support and protection systems to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. C. Locate excavation support and protection systems clear of permanent construction so that forming and finishing of concrete surfaces are not impeded. D. Monitor excavation support and protection systems daily during excavation progress and for as long as excavation remains open. Promptly correct bulges, breakage, or other evidence of movement to ensure that excavation support and protection systems remain stable. E. Promptly repair damages to adjacent facilities caused by installing excavation support and protection systems. 3.2 SOLDIER PILES AND LAGGING A. Install steel soldier piles before starting excavation. Extend soldier piles below excavation grade level to depths adequate to prevent lateral movement. Space soldier piles at regular intervals not to exceed allowable flexural strength of wood lagging. Accurately align exposed faces of flanges to vary not more than 2 inches from a horizontal line and not more than 1:120 out of vertical alignment. B. Install wood lagging within flanges of soldier piles as excavation proceeds. Trim excavation as required to install lagging. Fill voids behind lagging with soil, and compact. C. Install wales horizontally at locations indicated on Drawings and secure to soldier piles. 3.3 BRACING A. Bracing: Locate bracing to clear columns,floor framing construction,and other permanent work. If necessary to move brace,install new bracing before removing original brace. B. Do not place bracing where it will be cast into or included in permanent concrete work unless otherwise approved by Architect. C. Install internal bracing, if required, to prevent spreading or distortion of braced frames. D. Maintain bracing until structural elements are supported by other bracing or until permanent construction is able to withstand lateral earth and hydrostatic pressures. 3.4 REMOVAL AND REPAIRS A. Remove excavation support and protection systems when construction has progressed sufficiently to support excavation and bear soil and hydrostatic pressures. Remove in stages to avoid disturbing underlying soils or damaging structures, pavements, facilities, and utilities. B. Remove excavation support and protection systems to a minimum depth of 48 inches (1200 mm) below overlaying construction and abandon remainder. C. Fill voids immediately with approved backfill compacted to density specified in Division 31 Section "Earth Moving." D. Repair or replace, as approved by Architect, adjacent work damaged or displaced by removing excavation support and protection systems. E. Leave excavation support and protection systems permanently in place. END OF SECTION TRENCH SAFETY SYSTEMS Part 1 —General 1.1 General This item shall govern for the Trench Safety Systems required for the construction of all trench excavation and backfill necessitated by the safety system. A trench shall be defined as a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. Trench Safety Systems include but are not limited to sloping, sheeting, trench boxes or trench shields, sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. 1.2 Construction Methods Trench safety systems shall be accomplished in accordance with the detailed specifications set out in the provisions of Excavations, Trenching, and Shoring, Federal Occupational Safety and Health Administration (OSHA) Standards, 29 CFR, Part 1926, Subpart P, as amended. The sections that are incorporated into these specifications by reference include Sections 1926-650 through 1926- 653. The Contractor is responsible for obtaining a copy of this document for his use. If the contractor elects to use a trench protective system that, in the Proposed Rules, requires "Design by a qualified person or a qualified engineer," [For example see 1926.652 (b)(3) and 1926.652 (c) (4)], "a qualified person or a qualified engineer" shall be a Professional Engineer registered in the State of Texas. 1.3 Safety Program The Contractor shall submit a safety program specifically for the construction of trench excavation. The trench safety program shall be an accordance with OSHA standards governing the presence and activities of individuals working in and around trench excavation. 1.4 Inspection The Contractor shall make daily inspections of the Trench Safety Systems to ensure that the systems meet OSHA requirements. Daily inspection is to be made by a "competent person" provided by the Contractor. If evidence of possible cave-ins, or slides, is apparent, all work in the trench shall cease until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. It is the sole duty, responsibility and prerogative of the Contractor, not the owner or the Engineer, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. The Contractor shall maintain a permanent record of daily inspections. 1.5 Indemnification The Contractor shall indemnify and hold harmless the Owner, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contact. The Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act of omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders, and the hiring of the Contractor. 1.6 Measurement Trench Safety Systems shall be measured by the linear foot along the centerline of trench including manholes,fittings, and other line structures. 1.7 Basis of Payment "TRENCH SAFETY SYSTEMS" as set out above shall be included in the Linear Foot price bid by the Contractor. Payment of all work prescribed under this item shall be full compensation for the Trench Safety Systems including any additional excavation and backfill required, for furnishing, placing, maintaining and removing all shoring, sheeting, or bracing; for dewatering or diversion of water; for all jacking and jack removal; and for all other labor, materials, tools, equipment and incidentals necessary to complete the work. No extra compensation will be made for any and all other construction as described in this item. Part 2— Products Not Used. Part 3— Execution Not Used. END OF SECTION BARBED WIRE FENCE 1.1 GENERAL A. Furnish and construct fence of barbed wire or a combination of woven fence fabric and barbed wire, supported on metal or wood posts. 1.2 PRODUCTS Furnish materials in accordance with details shown on the plans and with the requirements of this Article. A. Metal Posts and Braces. If steel pipe is used for posts and braces, use steel pipe in accordance with ASTM A 53. For T-posts, use steel that meets ASTM A 702. Use only new steel. Do not use rerolled or open-seam material. Use an approved anticorrosive coating for painted posts. After installation of painted posts and braces, spot-coat damaged areas with the same paint color. Use paint with at least the same anticorrosive properties as the original paint. Use the size, weight, and area of posts, braces, and anchor plates shown on the plans. B. Wood Posts and Braces. 1. Untreated Wood. Provide cedar or juniper timber. 2. Treated Wood. Provide pine or fir timber treated in accordance with TxDOT Item 492, "Timber Preservative and Treatment." Remove outer bark and all inner cambium bark on treated posts, except those occasional strips of bark may remain if not over 1/2 in. wide or over 3 in. long. Use sound timber that is free from decay, shakes, splits, or other defects that would weaken the posts or braces or otherwise make them structurally unsuitable for the purposes intended. Knots that are sound, tight, trimmed flush, and not in clusters will be allowed, provided they do not exceed 1/3 of the small diameter or the least dimension of the posts and braces. Remove spurs and splinters, cutting the ends square. C. Gates and Gateposts. Furnish materials to the dimensions shown on the plans, or as directed. D. Barbed Wire. Furnish barbed wire in accordance with ASTM A 121, Class 1. Use barbed wire consisting of 2 strands of 12-1/2 gauge wire, twisted with 2-point 14 gauge barbs spaced no more than 5 in. apart, or other barbed wire as directed. E. Wire Mesh. Furnish wire mesh fabric in accordance with ASTM A 116, Class 1 to the height and design shown on the plans. Use at least 10 gauge wire for the top and bottom wires and at least 12-1/2 gauge wire for the intermediate wires and vertical stays. F. Miscellaneous. Furnish galvanized bolts, nuts, washers, braces, straps, and suitable devices for holding barbed wire and wire mesh firmly to metal posts. Use material of good commercial quality and design. Provide galvanized staples, at least 1-1/2 in. long. 1.3 Construction Space fence posts as shown on the plans. Set fence posts plumb and firm at the intervals, depth, and grade shown on the plans. Brace corner and pull posts in 2 directions. Brace end posts and gateposts in 1 direction. Install a corner post where the alignment changes 30° or more. At alignment angles between 15 and 30°, brace the angle post to the adjacent line posts with diagonal tension wires. At grade depressions where stresses tend to pull posts out of the ground, snub or guy the fencing at the critical point with a double 9 gauge galvanized wire. Connect the wire to the top horizontal line of the barbed wire or to the top and bottom wire or wire mesh fabric, and to a deadman weighing at least 100 lb. Stretch the fence before guying and snubbing. Install corner, end, or angle post assembly before stretching the wire between posts. Connect existing cross fences to the new fences and corner posts at junctions with existing fences. While drawing barbed wire and wire fabric taut, fasten to posts using galvanized ties or staples, or as shown on the plans. Install pull post assemblies at 500-ft. intervals for steel posts and at 1,000-ft. intervals for wood posts. Metal line posts may be driven provided driving does not damage the posts. Metal corners, ends, pull posts, and braces must be set in concrete footings crowned at the top to shed water. Thoroughly tamp backfill in 4-in. layers. Notch timber posts as shown in the plans. 1.4 Basis of Payment Fencing will be measured by the foot of wire fence, excluding gates. Gates will be measured as each gate. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Barbed Wire Fence" or "Gate" of the type specified. This price is full compensation for furnishing, preparing, hauling, and installing fence and gate materials; excavation, backfilling, and disposal of surplus material; removal and trimming of brush and tree limbs; and equipment, labor, tools, and incidentals. Unless otherwise shown on the plans, removal of existing fence will not be paid for directly but will be subsidiary to pertinent Items. END OF SECTION HORIZONTAL DIRECTIONAL DRILLING (HDD) PART 1 GENERAL 1.1. General Description A. SCOPE OF WORK: The work specified in this section consists of furnishing and installing underground utilities using the horizontal directional drilling (HDD) method of installation, also commonly referred to as directional boring or guided horizontal boring. This work shall include all services, equipment, materials, and labor for the complete and proper installation, testing, restoration of underground utilities and environmental protection and restoration. B. QUALITY ASSURANCE: These requirements specify a wide range of procedural precautions to insure the essential aspects of a directional bore installation are adequately controlled. Adherence to the specifications contained herein shall in no way relieve the contractor of the ultimate responsibility for the satisfactory completion of the work. C. PROJECT SCHEDULE AND COOPERATION: The project schedule shall be established on the basis of working a normal work schedule. Normal Hours of Operation for the property owners in the job site are 8:00 a.m. — 5:00 p.m. Monday through Friday. A request for work outside of these hours must be made in writing and granted by owner in writing. General items of work, such as bacteriological testing, leakage and pressure testing, density testing and final inspections, shall be scheduled during the normal work schedule. D. WARRANTY:The contractor shall supply to OWNER a 12-month unconditional warranty. The warranty shall include materials and installation and shall constitute complete replacement and delivery to the site of materials and installation of same to replace defective materials or defective workmanship with new materials/workmanship conforming to the specifications. E. REFERENCED STANDARDS:The work shall conform to applicable provisions of applicable AWWA standards. F. PERMITS: Permits for all work shall be obtained by the Contractor. The Contractor shall verify the existence of all permits before commencing any work on the project. G. NOTIFICATION:OWNER shall be notified 48-hours (minimum) in advance of starting the drilling work. The Directional Bore procedure shall not begin until the proper preparations (see work plan)for the operation have been completed. 1.2. Submittals A. WORK PLAN: Prior to beginning work, the contractor shall submit to the OWNER a work plan detailing the procedure and schedule to be used to properly execute the project. B. SHOP DRAWING SUBMITTALS: Actual catalog data, brochures and descriptive literature shall not be required for items of standard usage which meet the requirements of the Project Specifications and not identified on the Submittal List in the Supplementary General Conditions of the Agreement. Any specialty item not shown in this manual shall require a complete shop drawing submittal for any material which may, in the opinion of the ENGINEER, not be in compliance with the Project Specifications. C. Record Drawing: The contractor shall submit as-built records in duplicate to OWNER within five days after completing the pull back. The as-built records shall include a plan, profile, and all information recorded during the progress of the work, including all subsurface anomaliesidentified by Ground Penetrating Radar (GPR), vacuum excavation or other methods. 1.3. Site Preparation A. Prior to any alterations to worksite, the contractor shall video tape entire work area, one copy of which shall be given to OWNER and one copy to remain with the Contractor. B. The contractor shall coordinate utilities locates with One-Call Utility Location service(800- 245-4545 and other services). Once the locate service has field marked all utilities, the contractor shall verify each utility (including any service laterals, i.e. water, sewer, cable, gas, electric, phone, etc.) and those within each paved area and within proposed project site. Contractor will be required to contact local utility companies and on-site maintenance personnel to determine locations of existing facilities. Verification may be performed utilizing GPR, hand dig, or vacuum excavation. Prior to initiating drilling, the contractor shall record on the drawings both the horizontal and vertical location of the utilities off of a predetermined baseline. C. Work site shall be graded and filled to provide a level working area. No alterations beyond what is required for operations are to be made. The contractor shall confine all alteration activities to designated work areas. D. Following drilling operations, the contractor shall demobilize equipment and restore the work- site to original condition.All excavations shall be backfilled and compacted to a minimum of 95%of original density. 1.4. Environmental Protection A. ENVIRONMENTAL PROTECTION: The contractor shall provide and install silt fencing between all drilling operations and any drainage, wetland, waterway or other area designated for such protection by state, federal and local regulations as provided in Contractor's SWP3 plan. The contractor shall place hay bales, or approved protection, to limit intrusion upon project area. Additional environmental protection necessary to contain any hydraulic or drilling fluid spills shall be put in place, including berms, liners turbidity curtains and other measures. The contractor shall adhere to all applicable environmental regulations including environmental condition stated in local, state and federal permits. 1.5. Safety A. The Contractor shall adhere to all applicable state, federal and local safety regulations and all operations shall be conducted in a safe manner. 1.6. Personnel,Qualifications Certification: Directional Boring A. All personnel shall be fully trained in the respective duties as part of the directional drilling crew and in safety. A supervisor thoroughly familiar with the equipment and type of work to be performed shall be in direct charge and control of the operation at all times. The supervisor shall be present at the job site during the actual directional bore operation.The contractor shall have a sufficient number of competent workers on the job at all times to insure the directional bore procedure shall be made in a timely and satisfactory manner. 1.7. Materials Furnish polyvinyl chloride (PVC) pipe meeting the requirements of ASTM D1785, Schedule 40, and furnish PVC fittings meeting the requirements of ASTM D2466. PVC pipe and fittings meeting the requirements of ASTM D3034, Type SDR 35 may be used for installations encased in concrete or buried in soil. Furnish a manufacturer's certification stating the material meets the appropriate ASTM specification. Furnish pipe marked with: • manufacturer's name or trademark and code; • nominal size; • PVC cell classification (example: 12454-B); • schedule, size, or other legend (example: SDR-35 PVC Sewer Pipe); and • specification designation (example: ASTM D1785). Furnish fittings marked with: • manufacturer's name or trademark; • nominal size; • material designation (example: PVC); • schedule, size, or other legend (example: Schedule 40); and • specification designation (example: ASTM D3034). Furnish solvent meeting the requirements of ASTM D2564 for solvent-welding of fittings. Provide other types of pipe and fittings as indicated. Provide fittings, hangers, clamps, straps, anchors, and guard plates in accordance with the details shown on the plans. 1.8. Water Service Lines: Polyethylene service line tubing shall be 1-inch, Class 200 polyethylene tubing. 1.9. SERVICE CONNECTIONS: Services 2-inches and smaller on Polyethylene Pipe shall include an integral shut-off valve and be Philmac Fuse-A-Corp fusible valve; or Central Plastics electrofusion saddle tapping tee (use shell cutter to cut the HDPE or OWNER approved equal). The contractor shall supply all adapters, electrofused couplings, and special connections necessary to transition from the service connection to the OWNER Standard polyethylene service tubing at both ends. Payment for this item shall be included in the unit price bid amount for the water service. 1.10. DRILLING FLUIDS: Drilling Fluids shall be a bentonite slurry only. 1.11. Delivery, Storage and Handling of Materials A. The contractor shall inspect materials delivered to the site for damage.All materials found during inspection or during the progress of work to have cracks, flaws, cracked linings, or other defects shall be rejected and removed from the job site without delay. B. The contractor shall unload and store materials near the place where the work shall be performed, allowing for minimum handling. Material shall be stored under cover or out of direct sun light. Do not store materials directly on the ground. Keep all materials free of dirt, debris and vermin. C. The contractor is responsible for obtaining, transporting and sorting any fluids, including water, to the work site. D. Disposal of fluids shall be the responsibility of the contractor. Disposal of fluids shall be done in a manner that is in compliance with all permits and applicable federal, state, or local environmental regulations. The contractor shall thoroughly clean entire area of any fluid residue upon completion of installation, and replace any and all plants and sod damaged, discolored or stained by drilling fluids. 1.12. Electronic Locator Wire (ELW)and Installation A. The Contractor shall furnish and install two (2) ELWs with the HDPE horizontal directional drilled mains longer than 150 feet. ELWs shall be 10-gauge (AWG) single strand copper wire with 30- mils (minimum) insulation. The exterior color shall be either white or yellow. The Locate wire shall be brought to grade within a valve box or locate station box at all "entry point locations"and all "exit point locations". There shall be a maximum length or interval of 500-feet between locate wire stations. No splices or connections shall be allowed underground. After installation, the Contractor shall perform a wire continuity test in the presence of the OWNER's inspector. 1.13. Drilling System A. DRILLING RIG: The directional drilling machine shall consist of a safe power system to rotate, push and pull hollow drill pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guidable drill (bore) head. B. DRILL HEAD: The drill head shall be steerable by changing its rotation and shall provide the necessary cutting surfaces and drilling fluid jets. C. MUD MOTORS (if required): Mud motors shall be of adequate power to turn the required drilling tools. D. DRILL PIPE: Shall be constructed of high quality 4130 seamless tubing, grade D or better. 1.14. Guidance System A. GUIDANCE SYSTEM: A Magnetic Guidance System (MGS)or proven gyroscopic system shall be used to provide a continuous and accurate determination of the location of the drill head during the drilling operation. The guidance shall be capable of tracking at all depths up to eighty feet and in any soil condition, including hard rock. It shall enable the driller to guide the drill head by providing immediate information on the tool face, azimuth (horizontal direction), and inclination (vertical direction). The guidance system shall be accurate to +/-2% of the vertical depth of the borehole at sensing position at depths up to one hundred feet and accurate within 1.5 meters horizontally. 1.15. Drilling Fluid (MUD)System A. MIXING SYSTEM:A self-contained, closed, drilling fluid mixing system shall be of sufficient size to mix and deliver drilling fluid. Mixing system shall continually agitate the drilling fluid during operations. B. DRILLING FLUIDS: Clean and safe drilling fluid shall be composed of clean water, appropriate additives and clay. No potentially hazardous material shall be used in drilling fluid. C. DELIVERY SYSTEM: The delivery system shall have filters in-line to prevent solids from being pumped into the drill pipe. Connections between the pump and drill pipe shall be relatively leak- free. A berm, minimum of 12-inches high, shall be maintained around drill rigs, entry and exit pits to prevent spills into the surrounding environment. D. DRILLING FLUID RECYCLING SYSTEM: The drilling fluid recycling system shall separate sand, dirt and other solids from the drilling fluid to render the drilling fluid re-usable. Spoils separated from the drilling fluid shall be stockpiled for later use or disposal. 1.16. Drilling Procedures A. DRILL PATH: Prior to drilling, the contractor shall mark up drawings to determine the drill pathway. The drawings shall be on site at all times during the drill operation. B. GUIDANCE SYSTEM:The contractor shall provide and maintain instrumentation necessary to accurately locate the pilot hole (both horizontal and vertical displacements), measure pilot string torsional and axial and measure drilling fluid discharge rate and pressure. The ENGINEER shall have access to instrumentation and readings at all times during operation. C. PILOT HOLE: The pilot hole shall be drilled along the path shown on the plans and profile drawings or as directed by the ENGINEER OF RECORD (EOR) in the field. Unless approved otherwise by the EOR, the pilot-hole tolerances shall be as follows: 1. ELEVATION:As shown on the plans. 2. ALIGNMENT:±5-Feet and within 3-feet of right-of-way or easement boundary. 3. CURVE RADIUS: The pilot hole radius shall be no less than 75% of the maximum bending radius of the pipe being installed. 4. ENTRY POINT LOCATION: The exact pilot hole entry point shall be within ±5-feet of the location shown on the drawing or as directed by the ENGINEER in the field. 5. EXIT POINT LOCATION: The exit point location shall be within ± 5-feet of the location shown on the drawing or as directed by the ENGINEER in the field. 6. LIMITATIONS ON DEPTH: If not noted on the plans, 6" HDPE pipe and smaller shall be installed with a depth of 3 to 5-feet and 8-inches HDPE pipe thru 12-inches pipe shall be installed with a depth of 3 to 6-feet unless required to install the pipe deeper due to utility conflicts HDPE pipe larger than 12- inches shall be specifically required by the FOR and approved by OWNER. Where utilities cross under TXDOT roads, the depth of cover shall comply with applicable TXDOT permit. 7. WATER MAIN AND NON-WATER MAIN SEPARATION REQUIREMENTS:The minimum separation requirements between HDPE water main and a non-water main shall be as per FDEP regulations. D. PULL BACK:After successfully reaming bore hole,the contractor will pull the pipe through the bore hole. In front of the pipe shall be a swivel and reamer to compact bore hole walls. Once pull-back operations have commenced, operations shall continue without interruption until pipe is completely pulled into bore hole. In the event that pipe becomes stuck, the contractor shall cease pulling operations to allow any potential hydro-lock to subside. If pipe remains stuck, the contractor will notify ENGINEER to discuss options and before work shall proceed. 1.17. PIPE ASSEMBLY AND INSPECTION A. GENERAL: Pipe shall be welded/fused together in one length, if space permits. Pipe shall be placed on pipe rollers before pulling into bore hole to minimize damage to the pipe. For pipes 16-inch and larger, a re-rounding clamp tool shall be utilized during the electro-fusion process to ensure pipe roundness. For pipe sizes larger than 12-inch mechanical scrapers shall be used. B. PIPE INSPECTION:Cuts, gouges or holes that penetrate the pipe wall thickness by more than 10 percent shall not be acceptable and shall be cut out and discarded. Before pipe installation, the contractor shall be responsible for carefully inspecting the assembled pipeline to insure that no vandalism or improper acts have occurred to render the new pipeline defective.Any pipeline that has been installed and has failed the required pressure test procedure and upon investigation was found to be defective because of cuts or holes drilled through the pipe walls, shall be removed and/or repaired at expense to the contractor. C. MECHANICAL JOINING: Polyethylene pipe and fittings may be joined together or to the materials by means of flanged connections (flange adapters, electrofused couplings, and back- up rings) or mechanical couplings designed for joining polyethylene pipe or for joining polyethylene pipe to another material. Mechanical couplings shall be fully pressure rated and fully thrust restrained such that when installed in accordance with manufacturer's recommendations,a longitudinal load applied to the mechanical coupling will cause the pipe to yield before the mechanical coupling disjoins. External joint restraints shall not be used in lieu of fully restrained mechanical couplings. D. MECHANICAL JOINT AND FLANGE INSTALLATION: Mechanical joints and flange connections shall be installed in accordance with the Manufacturer recommended procedure. Flange faces shall be centered and aligned to each other before assembling and tightening bolts. In no case shall the flange bolts be used to draw the flanges into alignment. Bolt threads shall be lubricated, and flat washers shall be fitted under the flange nuts. Bolts shall be evenly tightened according to the tightening pattern and torque step recommendations of the Manufacturer. At least I-hour after initial assembly, flange connections shall be re-tightened following the tightening pattern and torque step recommendations of the Manufacturer. 1.18. Testing Disinfection Tests A. All water pipe and fittings shall be thoroughly disinfected prior to being placed in service. Disinfection shall follow the applicable provisions of the procedure established for the disinfection of water mains as set forth in AWWA—Standard C65l entitled "AWWA Standard for Disinfecting Water Mains". Bacteriological testing on the water main shall be scheduled with the CITY by the contractor. Coordinate with CITY for collection of water samples and completing the water analysis (lab testing). B. Temporary blow-offs shall be installed for the purpose of cleaning the main pipe line. Blow- offs installed on mains up to and including 12-inches shall be the same diameter as the water main. Blow-offs installed on 16-inch mains and larger shall be the next smaller size, in diameter, than the main being tested. Temporary blow-offs shall be removed and plugged after the main is cleared. The OWNER shall be present prior to and during the operation of blow- offs. The main shall be pigged and flushed prior to disinfection. C. A new water main shall be connected to the existing water main at one point only for flushing purposes. The new main shall have a blow off assembly on the end. After the new main is pigged and thoroughly flushed, the open end shall be sealed and restrained and the main shall be pressure tested. Anytime the new line is reopened (to repair defective joints or pipe, defective fitting or valve) the complete testing process shall be repeated. After successful testing and once bacteriological clearance has been received from the regulatory authority, the new main shall be placed into service. 1.19. Pressure and Leakage Tests A. The contractor shall test installed pipelines in accordance with these specifications prior to acceptance of the pipeline by the OWNER. All field tests shall be made in the presence of the ENGINEER and OWNER Representative. Except as otherwise directed, all pipelines shall be tested. All piping to operate under liquid pressure shall be tested in sections of approved length. The pressure testing of an HDPE line section shall be tested separately from the PVC and DIP line sections. Where impractical, the HDPE test section shall include only a minimum amount of PVC and ductile iron pipe within the test section. If at all possible, the PVC and DIP, test sections shall be left exposed during the pressure test for visual leakage observation. For these tests, the contractor shall furnish clean water, suitable temporary testing plugs or caps, and other necessary equipment, and all labor required: If the contractor chooses to pressure test against an existing OWNER water main valve, the new water main must be disinfected prior to connection to the OWNER line. OWNER will not be responsible for failure of the pressure test due to the existing valve leaking. The contractor shall furnish suitable pressure gauges, calibrated by an approved testing laboratory,with increments no greater than 2 PSIG, gauges used shall be of such size that pressures tested will not register less than 10% or more than 90% of the gauge capacity. All valved sections shall be hydrostatic tested to insure sealing(leak allowance)of all line valves. B. The section of pipe to be tested shall be filled with potable water and air shall be expelled from the pipe and tested in accordance with Specification 33 10 60 HYDROSTATIC TESTING OF PRESSURE LINES. C. In the event a section fails to pass the tests, the contractor shall do everything necessary to locate, uncover (even to the extent of uncovering the entire section), and replace the defective pipe, valve, fitting or joint. Visible leaks shall be corrected regardless of total leakage. Lines which fail to meet these tests shall be retested as necessary until test requirements are complied with.All testing shall be performed at the contractor's expense. D. If, in the judgment of the ENGINEER, it is impractical to follow the foregoing procedures exactly, modifications in the procedure shall be made. Re-disinfection shall be required if the line is de-pressurized for repairs. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1. Measurement A. All pipelines installed in accordance with these specifications and accepted by the Engineer shall be measured by linear foot based on Construction Plans, at the depths and of the size and type installed. B. All pipe lines measured as set out above shall be paid for at the unit price bid by the Contractor, per linear foot complete in place based on Construction Plans of the depth, type and size constructed. The unit price bid for these items shall be full compensation for furnishing all labor, furnishing and installing all pipe, furnishing all material and equipment, for all hauling, excavation, shaping of trench bottom, for all backfilling, tamping backfill, removal of surplus excavated material, and for all cleanup and incidentals necessary to furnish pipe, complete in place. No extra compensation will be made for any and all other construction as described in this item. END OF SECTION WET BORE Part 1 —General 1.1 General This item shall govern for the installation of pipe by the method of Wet Boring as shown on the plans and in conformity with this specification. Excavations greater than 5 feet in depth shall be protected as specified in Item "TRENCH SAFETY SYSTEMS." The Contractor shall furnish for the Engineer's approval, a plan for the proposed boring. 1.2 Construction Materials Pipe shall be the material specified for the utility installation. 1.3 Construction Methods A. Boring shall proceed from a pit provided for the boring equipment and workmen or pipe may installed with directional drilling equipment as described in the specification Horizontal Directional Drilling. Excavation for pits and installation of shoring shall meet requirements of OSHA and be securely braced to prevent earth caving. The location of the pit shall meet the approval of the Engineer. Holes are to be bored mechanically. The boring shall be done using a pilot hole. By the method an approximate 2 inch hole shall be bored the entire length of the crossing and shall be checked for line and grade on the opposite end of the bore from the work pit. The pilot hole shall serve as the centerline of the larger diameter hole to be bored. Excavated material will disposed of as required. The use of water or other fluids in connection with the boring operation will be permitted only to the extent to lubricate cuttings. B. In unconsolidated soil formations, a gel-forming colloidal drilling fluid consisting of at least 10 percent of high grade carefully processed bentonite may be used to consolidate cuttings of the bit, seal the walls of the hole, and furnish lubrication for subsequent removal of cuttings and installation of the pipe immediately thereafter. C. Where pipe is required to be installed under railroad embankments or under highways, streets, or other facilities, construction shall be made in such manner that will not interfere with the operation of the railroad, street, highway or other facility and shall not weaken or damage any embankment or structure. D. The excavation for the underside of the pipe for at least one third of the circumference of the pipe shall conform to the contour and grade of the pipe. A clearance of not more than 2 inches may be provided for the upper half of the pipe. This clearance is to be tapered off to zero at the point where the excavation conforms to the contour of the pipe. The space between the casing or pipe and the limits of excavation shall be pressure-grouted or mud-jacked. D. The distance that the excavation shall extend beyond the end of the pipe depends on the character of the material, but it shall not exceed 2 feet in any case. 1.4 Measurement and Payment Boring of pipe will be measured by; the linear foot of pipe complete in place. Such measurement will be made between the ends of the pipe along the flow line as installed. The work performed and materials furnished as prescribed by this item, and measured will be paid for at the unit price bid per linear foot for"Boring" which price shall be full compensation for furnishing all materials, pipe materials, all preparation, hauling, and installing of pipe and for all labor, tools, equipment, and incidentals necessary to complete the work including excavation, backfilling and disposal of surplus material. Part 2— Products Not Used. Part 3—Execution Not Used. END OF SECTION CONSTRUCTION OF WATER LINES PART 1 —GENERAL 1.1 General The work to be performed shall consist of the furnishing and installation of water lines, fittings, valves & accessories, including all excavation, backfill, and disposal of surplus excavation. The type or types of pipe to be furnished and installed under the contract will conform to the type or types designated on the plans and as set out on the bid proposal sheet. PART 2— PRODUCTS 2.1. Construction Materials Where the plans do not indicate the specification under which the pipe is to be furnished, the pipe supplied shall conform with the ASTM specification given in the table for the depth of bury. Pipe shall be manufactured in accordance with the latest revision published by the American Society for Testing Materials of the specifications shown in Table I and II. Unless otherwise specified, piping,joints and fittings shall conform to ASTM, ANSI or AWWA Standards hereinafter described. 2.2. Water Systems a) Cast or Ductile Iron for Water Systems i) Ductile iron pipe shall conform to ANSI Specification AWWA C115 for flanged pipe. ii) Flanges for water main piping shall be cast on. Gaskets for flanged joints shall be ring type:1/8-inch Styrene Butadyene Rubber(SBR) in conformance with AWWA C115. Gaskets for boltless-gasketed joints are to be of approved material recommended by the pipe manufacturer. iii) All cast or ductile iron piping for buried service is to be wrapped in accordance with AWWA C105 "POLYETHYLENE ENCASEMENT". iv) Unless specially excluded on the plans, all cast and ductile iron pipe for water service will be cement-mortar lined in accordance with ANSI A 21.4. (AWWA C104) v) Proper and suitable tools and appliances for the safe and convenient handling of the pipe shall be provided and used. Care shall be taken to prevent any damage to the pipe coating. All pipe shall be examined for defects and no pipe or other casting shall be installed which is known to be defective. If any defective pipe or other casting shall be discovered after being installed, it shall be removed and replaced with sound pipe or casting at the Contractor's expense. Pipe cutting shall be done with a standard wheel pipe cutter furnished by the Contractor. Each cut must be smooth and at right angles to the axis of the pipe. Cast or ductile iron piping shall be subjected to a leakage test in accordance with Spec. "HYDROSTATIC TESTING OF PRESSURE LINES". vi) All pipe and fittings shall be placed in true alignment and spacing so that joints will come together naturally without strain. Flanged pipe and fittings, in particular, shall be perfectly aligned and spaced to avoid placing strain on the flanges when the bolts are tightened. vii) Solid sleeves, wall pipes, and other pieces within concrete walls, slabs, or footings shall be accurately placed to line and grade and securely braced prior to pouring concrete. In the event of displacement of these pieces during construction or of improper placement thereof, modifications the Engineer may require shall be made at the Contractor's expense. b) AWWA C-900/905 PVC Water Main i) Water main shall conform to the requirements of AWWA C900/905. ii) The Contractor shall take care in handling the pipe and protect it from damage. If necessary to cut the pipe,the Contractor will follow the recommendations of the manufacturer. iii) Before making a joint, all pipe and couplings shall be clean, dry, and free of mud, oil, and grease. The use of non-toxic water-soluble lubricant will be permitted for making the joint assembly or as recommended by the manufacturer. iv) Class "B" Bedding shall be used for AWWA C-900/905 PVC pipe unless otherwise directed. c) Steel Pipe Waterline Construction i) Steel Pipe used for waterline shall be in accordance with AWWA C200 ASTM A53 type S, Schedule 40 Carbon Steel Pipe for 200 psi operation. ii) Flanges shall be in accordance with AWWA C207. iii) No welding of steel pipe shall be conducted in the field. All welding and coating of pipe shall be under shop conditions prior to installation of pipe in the field. iv) All coatings shall meet NSF approval and approval by the Texas Commission on Environmental Quality(TCEQ). d) Lead Ban i) The use of pipes and pipes fittings that contain more than 8.0 percent lead or solders and flux that contains more than 0.2 percent lead is prohibited in the following circumstances. (1) For installation or repair of any public water supply, and (2) For installation or repair of any plumbing in a residential or nonresidential facility providing water for human consumption and connection to a public drinking water supply system. ii) This requirement will be waived for lead joints that are necessary for repairs to cast iron pipes. PART 3— EXECUTION 3.1. Construction Methods a) Excavation Except as otherwise specified or shown on the plans, all pipelines shall be constructed in open cut trenches with vertical sides excavated with a ladder-type trenching machine or backhoe. Where machines other than ladder-type trenching machines are used, excavated material composed of large chunks and clods shall not be used for backfilling and such material shall be disposed of by the Contractor and other suitable material for backfill shall be provided without additional expense to the Owner. ii. Trenches for pipe lines shall have a width of not less than the outside diameter of the pipe plus 12 inches and not more than the outside diameter of the pipe plus 18 inches. iii. No excavated material shall be deposited and left overnight on the gravel, shell, asphalt, concrete or other paved area of any roadway or sidewalk, or on any lawns, garden or shrubbery, and such material shall be handled in such a manner as not to obstruct drainage. Where necessary for compliance with this provision, the material shall be hauled. b) Surplus Excavated Material Any surplus excavated material shall be hauled and disposed of as directed by the Engineer. If the Engineer notifies the Contractor that the Owner does not have use for this material, it shall become the property of the Contractor to dispose of as he wishes without injury to the Owner or any individual. ii. If excavated material is left on the street, and this material becomes mixed with material excavated by public service corporations, or with that of any other firm, corporation or individual excavating on any of the streets in the Project Area, and if the Contractor does not protect himself by removing his material before anyone else can mix other material with his, or if he does not put up proper partitions or barriers to keep his material separated from the other material, then the Engineer shall be the sole judge as to whom is responsible for this excavated material. If the Contractor does not remove this material when directed by the Engineer, the Owner has the right under this Contract and these specifications, to hire trucks and men to remove his material and to deduct the cost of same from any estimate due the said Contractor. c) Wet Trench Construction Where the earth in the trench bottom does not, in the opinion of the Engineer, provide a suitable foundation for the pipeline, the Contractor shall, where ordered by the Engineer, place granular material in the trench bottom under and around the pipe. This material will be placed in accordance with "CLASS C BEDDING". d) Dewatering Trench No pipeline, manhole or appurtenance shall be laid in a trench in the presence of water. All water shall be removed from trench sufficiently ahead of the pipe placing operation to insure a dry, firm bed on which to place the pipe. The trench will continue to be dewatered until after all concrete and mortar is set. Removal of water may be accomplished by bailing, pumping, or pumping in connection with wellpoint installation as the particular situation may warrant. The Engineer may direct the Contractor to install the pipe with "CLASS C BEDDING" in conjunction with or in lieu of trench dewatering. e) Sheeting and Bracing Contractor shall provide Trench Safety Systems in accordance with Specification Item "Trench Safety Systems" and comply with OSHA rules for all trenches with depths greater than 5 feet. ii. Sheet and brace excavation as necessary to prevent caving or where necessary, in the Engineer's opinion, the sides of the trench or other excavation shall be braced and rendered secure. This in no way relieves the Contractor his responsibility for Safety and Protection as required by the general conditions. iii. All timber shall be free of seriously weakening defects such as knots and splits, solid and sound, sufficient in strength without increased thickness and suitable for the use intended. The Contractor shall place timber in the trench in accordance with Details. Spacing of cross bracing is not to exceed four (4) feet. All bracing is to be securely nailed in position. After the excavation has been backfilled and tamped, steel or other sheeting may be pulled. To protect adjacent property, the Engineer may order timber sheeting to be left in trench. f) Pipe Bedding The pipe shall be bedded in the trench as described herein for the class of bedding required by the specifications and as directed by the Engineer. Pipe bedding shall be "CLASS B" for all depths up to 10 foot depth. The cost of preparing CLASS B BEDDING shall be included in the Contract unit price bid for type, size, and depth of pipe installed. "CLASS A BEDDING" shall be provided for depths greater than 10 feet. "CLASS C BEDDING" shall be furnished, if directed by the Engineer. Measurement and payment of "CLASS A BEDDING" and "CLASS C BEDDING" shall be as described in later sections of this specification. ii. "CLASS A BEDDING" shall be in accordance with the Details and as described below: The bottom of the trench for the pipe barrel shall be excavated to a line parallel to the flow line of the pipe and to a depth of not less than three inches (6") below the outside surface of the pipe barrel. Then clean crushed stone or gravel in accordance with TxDOT Type A Grade 1 shall be spread over the entire bottom of the trench to the flow line grade of the pipe after which a subgrade conforming to the outside shape of the pipe shall be prepared. After the pipe has been installed, backfill the pipeline with Type A Grade 1 material to the springline of the pipe and firmly tamp. This material cannot be used after it loses its moisture content or dries out. The mixture shall be rodded in the trench and the area between the springline of the pipe and the bottom of the trench shall be free of cavities. A third layer of Type A Grade 1 material shall be spread and firmly tamped to a level six inches (6") above the top of the pipe. The remainder of the trench shall be backfilled with select material and in accordance with the subsection of this item entitled, "Backfilling". iii. "CLASS B BEDDING" shall be in accordance with the Details and as described below: The bottom of the trench for the pipe barrel shall be excavated to a line parallel to the flow line of the pipe and to a depth of not less than three inches (6") below the outside surface of the pipe barrel. Then select native materials shall be spread over the entire bottom of the trench to the flow line grade of the pipe after which a subgrade conforming to the outside shape of the pipe shall be prepared. The bottom of the trench shall be accurately shaped by hand to conform to the lowest half pipe diameter of the pipe taking special care to provide uniform bearing for the entire length of the pipe and to provide depressions for bell ends of couplings of pipe. Select backfill shall be placed under and around the pipe and hand tamped up to the springline of the pipe after which the remainder of the trench shall be backfilled in accordance with the subsection of this item entitled, "Backfilling". iv. "CLASS C BEDDING" shall be in accordance with the Details and as described below: The bottom of the trench for the pipe barrel shall be excavated to a line parallel to the flow line of the pipe and to a depth of not less than three inches (6") below the outside surface of the pipe barrel. Then clean crushed stone or gravel in accordance with TxDOT Type A Grade 1 shall be spread over the entire bottom of the trench to the flow line grade of the pipe after which a subgrade conforming to the outside shape of the pipe shall be prepared taking special care to provide uniform bearing for the entire length of the pipe and to provide depressions for bell ends of couplings of pipe. Select backfill shall be placed under and around the pipe and hand tamped up to the springline of the pipe after which the remainder of the trench shall be backfilled in accordance with the subsection of this item entitled, "Backfilling". 4 g) Installation of Water Lines Pipe and accessories shall, at all times, be handled with care to avoid damage. Whether moved by hand, skidways, or hoists, material shall not be dropped or bumped. The interior and machined ends of all pipe shall be kept free from dirt and foreign matter at all times. ii. Pipe damaged at such points that cannot be repaired to the Engineer's satisfaction shall be replaced at the Contractor's expense. Valves shall be kept drained and stored before installation in a manner protecting them from damage due to freezing of trapped water. iii. All pipe shall be laid and maintained to the required lines and grades. Fittings and valves shall be at the required locations with joints centered, spigots home, and all valve stems plumb. No deviation shall be made from the required line or grade except with the written consent of the Engineer. iv. No valve, switch, or other control on existing utility systems shall be operated for any purpose by the Contractor without approval of the Engineer and the utility. All consumers affected by such operations shall be notified by the Contractor as directed by the Engineer and utility before the operation and advised of the probable time when the service will be restored. v. Implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and efficient execution of the work. All pipe, fittings, valves, and accessories shall be carefully lowered into the trench with suitable equipment in a manner that will prevent damage to pipe and fittings. Pipe and accessories shall be inspected for defects prior to their being lowered into the trench. Any defective, damaged, or unsound material shall be repaired or replaced as directed by the Engineer. vi. Machined ends of pipe, coupling grooves, and rubber rings shall be cleaned immediately before assembly, and assembly shall be made as recommended by the manufacturer. The location of field-assembled rings shall be checked with a suitable gage to verify that rubber rings are in the required position. vii. For all bell and spigot joints, all lumps, blisters, and excess coating shall be removed from the bell. The inside of the bell shall then be wire-brushed and both the inside of the bell and the spigot end of the pipe wiped clean and dry. All surfaces to be joined shall be kept clean until joints are made. viii. Before valves or fittings are lowered into the trench, they shall be cleaned and joined as specified above. ix. Pipe shall not be deflected either vertically or horizontally more than the limits recommended by the manufacturer. x. When pipe laying is not in progress, the open ends of installed pipe shall be closed by approved means to prevent entrance of trench water into the line. Whenever water is excluded from the interior of the pipe, enough backfill shall be placed on the pipe to prevent floating. Any pipe that has floated shall be removed from the trench and relaid as directed by the Engineer. No pipe shall be laid in wet trench conditions that preclude proper bedding, or on a frozen trench bottom, or when, in the opinion of the Engineer, the trench conditions or the weather are unsuitable for proper installation. xi. Thrust blocking shall be applied at bends and tees and at points at reducers or in fittings where changes in pipe diameter occur. The design of concrete thrust blocking shall be in accordance with the Details. Concrete used for thrust blocking shall conform to Class C Concrete in accordance with Spec. "CONCRETE". Unless otherwise directed by the Engineer, the blocking shall be placed so that the fitting and pipe joints will be accessible for repair. xii. Valves and boxes shall conform to AWWA Standard C-500 Gate Valves or C-509 Resilient Seat Valves. All valves shall be geared valves. Cast-iron valve boxes shall be firmly supported and shall be kept centered and plumb over the wrench nut of the gate valve; the box cover shall be flush with the surface of the finished pavement or at any other level designated by the Engineer. The wrench nuts shall be readily accessible for operation through the box opening. Valve opening procedure shall be in a counter-clockwise rotation. xiii. For crossing paved roadways, drives or sidewalks, Contractor shall bore or jack the service line beneath the improved surface. All other locations may be open cut. xiv. Standard plugs shall be inserted into the bells of all dead-end fittings. Spigot ends of fittings and plain ends of pipe shall be capped. Timber blocking in accordance with the Details shall be provided at all dead ends of pipe that are capped or plugged. xv. Before the water line is placed in service and before certification of completion by the Engineer, all new water systems, extensions to existing systems, valved sections of extensions, replacements in the existing system, and any exposed section of the existing system shall be disinfected in accordance with AWWA C601, "Disinfection of Water Mains" and approved by the Texas Commission on Environmental Quality(TCEQ). xvi. For service lines beneath paved roadways, drives or sidewalks, Contractor shall bore or jack the service line beneath the improved surface. All other service line installations may be open cut. xvii. Water taps shall be spaced at a minimum of 2 foot intervals with centerline of taps staggered at 45 degree around water main when spaced at less than 5 feet. xviii. Maximum allowable tap size, with or without service clamp, shall be in accordance with the recommendations of the pipe manufacturer for the size and class of pipe being tapped. h) Backfilling Backfilling shall not be started over pipe lines until all of the steps required under PIPE BEDDING in this section have been completed. Unless otherwise provided, backfill above the pipe zone shall be as follows: Trenches shall be backfilled with material selected from the trench excavation, or obtained from other sources, which is free from stones of such size as to interfere with compaction and is free from large lumps which will not break down readily under compaction. The Engineer shall have the right to reject any material containing more than 20 per cent by weight of material retained on a 3-inch sieve, or material excavated in such a manner as to produce large lumps not easily broken down or which cannot be spread in loose layers. In general, material excavated by means of a trenching machine will meet the requirements provided above. The backfill shall be placed in layers not more than 10 inches in depth (loose measurement) and shall be compacted by whatever means the Contractor chooses to a density comparable with the adjacent undisturbed material. The backfill shall have a rounded top 6-inches above natural ground. After the backfill takes its initial settlement, and if the settlement is below the original ground surface, more earth backfill shall be placed to bring the backfill up to 6-inches above natural ground with a rounded top. Should poor compaction of the backfill, in the opinion of the Engineer, result in excessive settlement in the trench, then the Contractor shall, upon direction of the Engineer, place flexible base material where such conditions exist and at the Contractor's expense. When the pipe trench crosses paved surfaces, or if directed by the Engineer, the trench shall be backfilled to the bottom of pavement or natural ground with cement stabilized sand. The stabilized backfill shall contain a minimum of 1 1A sacks of standard Portland Cement per ton of material as placed. The materials for the stabilized backfill shall conform to the requirements of Spec. "Cement Stabilized Sand". Backfill below the top of pipelines, manholes or other structures and appurtenances shall be placed and compacted equally along both sides of the structure so as to prevent strain on or displacement of the structure. i) Separation of Water& Sewer Lines Water mains and sanitary sewers shall be installed no closer to each other than nine feet in all directions and shall be installed in accordance with TCEQ Chapter 290.44 of the Texas Administrative Code. TCEQ Section 290.44"Separations Distances" is below for reference. j) Pressure Testing Installed piping shall be subjected to a leakage test in accordance with spec. "HYDROSTATIC TESTING OF PRESSURE LINES" regardless of material used or whether raw water or treated water. During testing period, line shall be visibly checked for leaks at fittings, valves and pipe connections. Repairs shall be made to eliminate any leakage found during the testing period 3.2. Method of Measurement a) All pipelines installed in accordance with these specifications and accepted by the Engineer shall be measured by linear foot from centerline of fitting to centerline of fitting, at the depths and of the size and type installed. b) Measure "FITTINGS"on a LUMP SUM basis. c) Measure "VALVE AND BOX" per each, at all depths, of the size and type installed. d) Measure "TIMBER ORDERED LEFT IN TRENCH" by MFBM actually left in place, but not to exceed three board feet per square foot of trench walls and trench bottom surface area. Trench surface areas shall not exceed those values determined from maximum trench dimensions. Sheeting and bracing pulled shall receive no direct payment. 3.3. Basis of Payment a) All pipe lines measured as set out above shall be paid for at the unit price bid by the Contractor, per linear foot at complete in place of the depth, type and size constructed. b) The unit price bid for these items shall be full compensation for furnishing all labor, furnishing and installing all pipe, furnishing all material and equipment, for all hauling, excavation, shaping of trench bottom, for all backfilling, tamping backfill, removal of surplus excavated material, removal and replacement of street base and surface, and for all cleanup and incidentals necessary to furnish pipe, complete in place. c) "FITTINGS" measured as set out above, shall be paid for at the unit price bid "per ton" as indicated in the proposal. Prices bid for cast iron fittings will not be paid for separately where they constitute a part of a structure covered by a lump sum bid, unless it has been definitely set out that separate payment will be made for such fittings. d) "VALVE AND BOX" measured as set out above, shall be paid for at the unit price bid "per each", complete in place e) "TIMBER ORDERED LEFT IN TRENCH" measured as set out above, will be paid for at the unit price bid by the Contractor. The price bid shall be full compensation for furnishing all materials, equipment, and labor necessary to perform the work in accordance with these specifications and the Details. Sheeting and bracing pulled shall receive no direct payment. The cost of supplying, installing and removing such timbers is to be included in the price of the pipeline, appurtenances and other structures. f) No extra compensation will be made for any and all other construction as described in this item. PART 4—TCEQ RULES FOR REFERENCE 4.1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) CHAPTER 290 — PUBLIC DRINKING WATER §290.44—Water Distribution (e) Location of waterlines. The following rules apply to installations of waterlines, wastewater mains or laterals, and other conveyances/appurtenances identified as potential sources of contamination. Furthermore, all ratings specified shall be defined by ASTM or AWWA standards unless stated otherwise. New mains, service lines, or laterals are those that are installed where no main, service line, or lateral previously existed, or where existing mains, service lines, or laterals are replaced with pipes of different size or material. (1) When new potable water distribution lines are constructed, they shall be installed no closer than nine feet in all directions to wastewater collection facilities. All separation distances shall be measured from the outside surface of each of the respective pieces. (2) Potable water distribution lines and wastewater mains or laterals that form parallel utility lines shall be installed in separate trenches. Texas Commission on Environmental Quality Page 51 Chapter 290 - Public Drinking Water (3) No physical connection shall be made between a drinking water supply and a sewer line. Any appurtenance shall be designed and constructed so as to prevent any possibility of sewage entering the drinking water system. (4) Where the nine-foot separation distance cannot be achieved, the following criteria shall apply. (A) New waterline installation - parallel lines. (i) Where a new potable waterline parallels an existing, non-pressure or pressure rated wastewater main or lateral and the licensed professional engineer licensed in the State of Texas is able to determine that the existing wastewater main or lateral is not leaking, the new potable waterline shall be located at least two feet above the existing wastewater main or lateral, measured vertically, and at least four feet away, measured horizontally, from the existing wastewater main or lateral. Every effort shall be exerted not to disturb the bedding and backfill of the existing wastewater main or lateral. (ii) Where a new potable waterline parallels an existing pressure rated wastewater main or lateral and it cannot be determined by the licensed professional engineer if the existing line is leaking, the existing wastewater main or lateral shall be replaced with at least 150 psi pressure rated pipe. The new potable waterline shall be located at least two feet above the new wastewater line, measured vertically, and at least four feet away, measured horizontally, from the replaced wastewater main or lateral. (iii) Where a new potable waterline parallels a new wastewater main, the wastewater main or lateral shall be constructed of at least 150 psi pressure rated pipe. The new potable waterline shall be located at least two feet above the wastewater main or lateral, measured vertically, and at least four feet away, measured horizontally, from the wastewater main or lateral. (B) New waterline installation -crossing lines. (i) Where a new potable waterline crosses an existing, non-pressure rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. If the existing wastewater main or lateral is disturbed or shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet total)with at least 150 psi pressure rated pipe. (ii) Where a new potable waterline crosses an existing, pressure rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least six inches above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. If the existing wastewater main or lateral shows signs of leaking, it shall be replaced for at least nine feet in both directions (18 feet total) with at least 150 psi pressure rated pipe. (iii) Where a new potable waterline crosses a new, non-pressure rated wastewater main or lateral and the standard pipe segment length of the wastewater main or lateral is at least 18 feet, one segment of the waterline pipe shall be centered over the wastewater main or lateral such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the centerline of the wastewater main or lateral. The potable waterline shall be at least two feet above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. The wastewater pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end. (iv) Where a new potable waterline crosses a new, non-pressure rated wastewater main or lateral and a standard length of the wastewater pipe is less than 18 feet in length, the potable water pipe segment shall be centered over the wastewater line. The materials and method of installation shall conform with one of the following options. (I) Within nine feet horizontally of either side of the waterline, the wastewater pipe and joints shall be constructed with pipe material having a minimum pressure rating of at least 150 psi. An absolute minimum vertical separation distance of two feet shall be provided. The wastewater main or lateral shall be located below the waterline. (II)All sections of wastewater main or lateral within nine feet horizontally of the waterline shall be encased in an 18-foot (or longer) section of pipe. Flexible encasing pipe shall have a minimum pipe stiffness of 115 psi at 5.0% deflection. The encasing pipe shall be centered on the waterline and shall be at least two nominal pipe diameters larger than the wastewater main or lateral. The space around the carrier pipe shall be supported at five-foot (or less) intervals with spacers or be filled to the springline with washed sand. Each end of the casing shall be sealed with watertight non-shrink cement grout or a manufactured watertight seal. An absolute minimum separation distance of six inches between the encasement pipe and the waterline shall be provided. The wastewater line shall be located below the waterline. (III) When a new waterline crosses under a wastewater main or lateral, the waterline shall be encased as described for wastewater mains or laterals in subclause (II) of this clause or constructed of ductile iron or steel pipe with mechanical or welded joints as appropriate. An absolute minimum separation distance of one foot between the waterline and the wastewater main or lateral shall be provided. Both the waterline and wastewater main or lateral must pass a pressure and leakage test as specified in AWWA C600 standards. (v) Where a new potable waterline crosses a new, pressure rated wastewater main or lateral, one segment of the waterline pipe shall be centered over the wastewater line such that the joints of the waterline pipe are equidistant and at least nine feet horizontally from the center line of the wastewater main or lateral. The potable waterline shall be at least six inches above the wastewater main or lateral. Whenever possible, the crossing shall be centered between the joints of the wastewater main or lateral. The wastewater pipe shall have a minimum pressure rating of at least 150 psi. The wastewater main or lateral shall be embedded in cement stabilized sand (see clause (vi) of this subparagraph) for the total length of one pipe segment plus 12 inches beyond the joint on each end. (vi) Where cement stabilized sand bedding is required, the cement stabilized sand shall have a minimum of 10% cement per cubic yard of cement stabilized sand mixture, based on loose dry weight volume (at least 2.5 bags of cement per cubic yard of mixture). The cement stabilized sand bedding shall be a minimum of six inches above and four inches below the wastewater main or lateral. The use of brown coloring in cement stabilized sand for wastewater main or lateral bedding is recommended for the identification of pressure rated wastewater mains during future construction. (5) Waterline and wastewater main or lateral manhole or cleanout separation. The separation distance from a potable waterline to a wastewater main or lateral manhole or cleanout shall be a minimum of nine feet. Where the nine-foot separation distance cannot be achieved, the potable waterline shall be encased in a joint of at least 150 psi pressure class pipe at least 18 feet long and two nominal sizes larger than the new conveyance. The space around the carrier pipe shall be supported at five-foot intervals with spacers or be filled to the springline with washed sand. The encasement pipe shall be centered on the crossing and both ends sealed with cement grout or manufactured sealant. (6) Location of fire hydrants. Fire hydrants shall not be installed within nine feet vertically or horizontally of any wastewater main,wastewater lateral, or wastewater service line regardless of construction. (7) Location of potable or raw water supply or suction lines. Suction mains to pumping equipment shall not cross wastewater mains, wastewater laterals, or wastewater service lines. Raw water supply lines shall not be installed within five feet of any tile or concrete wastewater main, wastewater lateral, or wastewater service line. (8) Proximity of septic tank drainfields. Waterlines shall not be installed closer than ten feet to septic tank drainfields. END OF SECTION AIR RELEASE VENT PIPING 1. DESCRIPTION Furnish and install air release vent piping as shown on the plans and as provided for in these specifications. 2. MATERIALS Provide air release vent piping consisting of 2-in. schedule 40 galvanized steel pipe. Provide vent piping fittings consisting of 2-in. schedule 40 galvanized steel. 3. CONSTRUCTION Install vent piping in accordance with the plans, or as directed. 4. MEASUREMENT This Item will be measured by the linear foot of vent piping, complete in place as shown on the plans. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Air Release Vent Piping". This price is full compensation for removing, furnishing, preparing, hauling and installing materials, for excavation and backfill, and for labor, tools, equipment and incidentals necessary to complete the work. END OF SECTION HYDROSTATIC TESTING OF PRESSURE LINES PART 1 — GENERAL 1.1 General Lines tested as herein provided, shall not show leakage in excess of 30 gpd per mile of pipe per inch of nominal diameter tested at a pressure of 150 psi. The Contractor shall supply all water, labor and equipment to conduct the test, install test plugs and to perform all other incidental work as necessary. 1.2 Testing Method The tests will be made in accordance with AWWA C-600 by the Contractor and as directed by the Engineer. The pipe will be tested at a pressure of 25 psi less than the pressure class rating of the pipe. After the pipe has been laid and partially backfilled, it shall be subjected to a hydrostatic pressure as prescribed. The pipe shall slowly be filled with water and care taken to expel all air entrapped in the piping system. Once the air has been removed, the required pressure shall be maintained on the pipe system for not less than six hours by means of a pump, meter and pressure regulating valve. If joints have been left uncovered, the test may be maintained for two hours. During the test period, the line route shall be inspected for indications of leaks. If, after the minimum test period, the leakage is between 75% and 100% of the allowable leakage, the Contractor will extend his test for a full 24 hours. The allowable leakage is defined Where as: S= Length of line, feet L = (SDP) o.5 133,200 D= Diameter of pipe, inches P= Test pressure, psi L=Allowable leakage, gallons per hour 1.3 Defective Piping a) Any section of the piping that shows leakage in excess of the allowable shall be replaced or otherwise made good by repairs of permanent nature approved by the Engineer. Any individual leaks discovered through visual inspection shall be repaired whether or not the over-all section tested meets the allowable leakage. b) Piping that fails to meet the leakage requirements will, after repairs have been completed, be retested for leakage. If the section of piping again fails to pass the leakage and additional repairs and retests are required, the sum of two hundred ($ 200) dollars for each additional retest will be deducted from amounts due to the Contractor. 1.4 Basis of Payment No separate payment will be made for hydrostatic testing. All work under this item shall be included in Lump Sum price bid. No separate payment will be made for any work described in this item, each item's cost being included in the unit price bid of which the work is a component, and shall be full compensation for furnishing all material, equipment and labor necessary to perform the work in accordance with these specifications. PART 2 — PRODUCTS Not Used. PART 3 — EXECUTION Not Used. END OF SECTION DISINFECTION AND TESTING OF WATERLINES PART 1 —GENERAL 1.1 General Contractor shall provide disinfection of waterlines and connections in accordance with Texas Commission on Environmental Quality (TCEQ) and the requirements of this item. Bacteriological samples for the waterline are required in accordance with TCEQ requirements. 1.2 Construction Methods Contractor shall construct waterline and fittings, valves, etc. in a manner which minimizes intrusion of nearby soil and water. Plugs shall be used when necessary to temporarily cease work at the ends of lines and prevent such intrusion of soil and water. Prior to disinfection, lines shall be cleaned, inspected, and pressure tested. 1.3 Disinfection Methods a) Contractor shall disinfect waterline in accordance with Current AWWA C651 "Standard for Disinfecting Water Mains." Chlorine may be induced by either liquid chlorine, sodium hypochlorite or calcium hypochlorite by any method prescribed in AWWA C651. b) Chlorine residual must be minimum 50 milligrams per liter(mg/I)for a minimum of 24 hours. Alternate method for chlorination shall be minimum 500 mg/I for a minimum of 1/2 hour residence time. c) Sampling cocks shall be installed for the purpose of monitoring chlorine residual and for bacteriological testing. d) Heavily chlorinated water shall be flushed from line until chlorine residual is less than 2 mg/I. Chlorinated water shall be disposed of by dilution to less than 1 mg/I or by transport to a wastewater collection and treatment system for final disposal. 1.4 Bacteriological Testing Contractor shall be responsible for coordination with Owner to obtain bacteriological tests in accordance with TCEQ criteria. Owner shall pay for bacteriological testing, however should samples fail, Contractor shall be responsible for costs of additional tests until such time that passing samples are obtained. Line shall be thoroughly flushed and chlorinated as indicated above prior to use. 1.5 Method of Measurement Unless otherwise specified, Disinfection and Testing of Waterlines, as performed under this item, including all work set out herein and incidental to the furnishing disinfecting products, mixing, and testing will not be paid for directly. The Contractor will include the cost of same in the unit price bid for other items of work of which this item is a component part. i Il 1.6 Basis of Payment Disinfection and Testing of Waterlines will not be paid for directly. The cost of this reinforcing steel shall be included in the Unit Price or Lump Sum price bid for other items of work of which this item is a component part. The price bid for these items shall be full compensation for furnishing, mixing, testing or other materials used for disinfecting and testing, and for all tools, labor, equipment, and incidentals necessary to complete the work. PART 2— PRODUCTS Not Used. PART 3 - EXECUTION Not Used. END OF SECTION General Notes and Specifications General Notes: 1. The contractor will establish the project control point,points of tangency,pi's(points of intersections),point of curvature(pc,pi and pt)and bench mark at the beginning and end of the project. 2. The contractor shall furnish all lines,grades and benchmarks,other than those specified above. Notify the Engineer immediately if discrepancies are discovered in the horizontal control or the benchmark data. 3. References to manufacturer's trade name or catalog numbers are for the purpose of identification only. Similar materials from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project,and are approved,except for roadway illumination,electrical,and traffic signal items. 4. The lengths of the posts for ground mounted signs are approximate.Verify the lengths before ordering these materials to meet the existing field conditions and to conform to the minimum sign mounting heights shown in the plans. 5. Unless otherwise shown on the plans or otherwise directed,commence work after sunrise and ensure construction equipment is off the road by sunset. 6. Do not mix or store materials,or store or repair equipment,on top of concrete pavement or bridge decks unless authorized by the Engineer.Permission will be granted to store materials on surfaces if no damage or discoloration will result. 7. The contractor will assume ownership of debris and dispose of at an approved location.Do not dispose of debris on private property unless approved in writing by the Engineer. 8. Control the dust caused by construction operations. For sweeping the finished concrete pavement, use one of the following types of sweepers or equal: Tricycle Type Truck Type-4 Wheel Wayne Series 900 M-B Cruiser II Elgin White Wing Wayne Model 945 Elgin Pelican Mobile TE-3 Mobile TE-4 Murphy 4042 9. Schedule construction operations such that preparing individual items of work follows in close sequence to constructing storm drains in order to provide as little inconvenience as practical to the businesses and residents along the project. 10. Contractor shall limit his work zone for pavement demolition and concrete placement to five(3) blocks. Concrete placement for new pavement must be complete within one(1)block of the existing roadway/pavement before demolition in the next three (3)blocks can be initiated. 11. Schedule work so that the base placement operations follow the subgrade work as closely as practical to reduce the hazard to the traveling public and to prevent undue delay caused by wet weather. 12. The Contractor's construction schedule shall be based upon the Contract Time. The Contract Time has an inclusion of Thirty (30) calendar days of inclement weather as defined in Article 54.b, c & d of the General Conditions. No request for an extension of Contract time will be considered until the actual number of inclement weather days exceeds the number of days set out herein. 13. When design details are not shown on the traffic control plans, modifications to the proposed traffic control plan to meet site conditions by either adding more detour,warning and traffic signs as approved by the engineer shall not be paid for separately but shall be considered subsidiary to the traffic control bid items. Temporary pavement markings will be paid for under its unit bid item cost. Signs and arrows shall conform to the latest"Standard Highway Sign Designs for Texas"manual. 14. City forces will maintain the existing section of streets and its appurtenances not a part of this project except that those sections damaged by the contractor's forces shall be repaired by the contractor at his entire expense. 15. The contractor shall be responsible for all maintenance of the travel way and appurtenances within the barricades for the duration of the project.No direct payment will be made for maintenance of the travel way and appurtenances within the barricades,but shall be subsidiary to various bid items. 16. All authorized waste material shall become the property of the contractor and shall be disposed of at a place off the right-of-way and approved by the engineer. 17. The contractor shall allow city forces to enter this project to accomplish such work as shown in the plans (by others)and as may be deemed necessary by the engineer. 18. All drainage structures shall be cleaned and outfall channels unobstructed at the time of acceptance by the city. 19. Ingress and egress to adjacent property shall be provided and maintained by the contractor at all times. This will not be paid for separately but shall be considered subsidiary to various bid Items. 20. The Contractor will utilize an independent Geotechnical Testing Laboratory to sample all concrete structures and make and test all concrete cylinders and test all roadway density controlled base and or subgrades in accordance with the test methods provided for under the appropriate standard specifications for the various items. Payment for this work will be under a unit bid item. 21. The approximate locations of the known underground utility installations are shown on the plans. The contractor shall be responsible for confirming the exact location of these utility lines and of any others which may exist.No delay claim is allowed because of utility conflicts. It shall be the contractor's responsibility to notify the utility involved in case of conflict or damage and the contractor shall be held responsible for any damage that occurs due to negligence.Where the contractor encounters abandoned lines that interfere with the construction of this project, such lines shall be removed and disposed of by the contractor. There will be no direct payment for this work and it shall be considered subsidiary to the various bid items in the contract. Before excavating near existing utilities, contact the utility companies or the utility coordinating committee for exact locations to prevent damage or interference with present facilities.Notify the utility coordinating committee and the Texas One Call System. at the following numbers: Texas One Call,toll-free 1-800-245-4545 UTILITY TELEPHONE NO. CONTACT PERSON AT &T 0: 409.839.7851 Eddie Cook Telephone Company M: 409.924.1495 0: 409.893.1666 Cliff Palermo M: 409.291.9489 Texas Gas Service 0: 409.963.0263 Patrick Sam M: 409.460.9236 City of Port Arthur 0: 409.983.8557 Darrell Harmon Water Distribution M: 409.718.2442 City of Port Arthur 0: 409.983.8551 Jerome Hudson Sewer Conveyances M: 409.543.3839 City of Port Arthur 0: 409.983.8524 Curtis Newman Drainage Superintendent M: 409.365.7184 This action does not relieve the Contractor of the responsibilities under the terms of the contract or the plans and specifications.Damage caused by the Contractor's operations shall be repaired and restored to service in a timely manner at no expense to the City. 22. Notify the Engineer at least 48 hours before constructing junction boxes at intersections of storm drains and utilities. 23. Install or remove poles, street lights and luminaires located near overhead or underground electrical lines using established industry and utility safety practices. Consult the appropriate utility company before beginning such work. 24. If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the City. 25. If working near power lines, comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved. 26. Perform electrical work in conformance with the National Electrical Code (NEC)and City standard sheets. 27. All materials,labor and incidentals required for the contractor to provide for traffic across the streets and for temporary ingress and egress to private property shall be furnished by the contractor at no additional cost to the city and shall be considered as incidental to the various bid items in this project. 28. The contractor shall furnish a certified tabulation of measurements, tare weights and allowable legal gross weight calculations for all trucks, etc.,prior to their use on the project. Each truck shall be identified by a permanent and plainly legible number located on the truck and on the bed of the truck and/or trailer. 29. Any storm water permit and associated fees required for construction of this project shall be at the contractor's expense.Also, any temporary erosion, sediment and water control measures required shall be in accordance with the details shown in the plans and all work and materials required shall be paid for under the item"Temporary Erosion, Sedimentation&Environmental Controls". 30. Storm water grading permit is required for this project and shall be filed by the contractor at the contractor's expense. 31. Procure all the necessary city and/or state permits and licenses before the start of this project. 32. Prepare,maintain and submit for approval, a project schedule using CPM or similar project planning method. Also, submit contractor's contact personnel's telephone or cell phone numbers in case of emergencies during and after working hours. 33. Move existing signs, mailboxes, delineators and any other similar obstructions that interfere with construction to temporary locations approved by the engineer. Move them back to their permanent positions when the work progresses to the point where this is possible. Place the sign post back in accordance with the applicable standard sheets. (Pozloc System). This will not be paid for directly and will be considered subsidiary to various bid items. 34. The contractor shall maintain adequate drainage throughout the limits of the project during all construction phases. The contractor will provide all necessary labor, equipment, temporary conveyance materials and all other incidentals and cost associated with this task to prevent flooding of roadway pavements,roadside ditches and properties on areas were construction work has started and/or on areas within project limits that will affect public safety and property damage during a storm event. Storm water will be conveyed and discharged into existing and new storm sewer structures. This work will not be measured or paid for directly but will be subsidiary to pertinent items. On areas within scope of work where water is ponding and or flooding during a rain event and as directed by the engineer, the contractor shall provide drainage and maintain temporary drainage structures and facilities which are necessary to facilitate drainage.All incidental labor, equipment, temporary material and incidental cost will not be measured or paid for directly but will be subsidiary to pertinent items. 35. Care shall be taken when moving existing property irrigation or sprinkling water facilities and its appurtenances that interfere with construction. Contractor shall temporarily relocate or disassemble, disable, and plug these facilities at their temporary location. Contractor shall restore, reconnect and activate property irrigation or sprinkling facilities its original condition or better when work is completed. This work will not be measured or paid for directly but will be subsidiary to pertinent items. ITEM 5: CONTROL OF WORK Any earthwork cross-sections,computer printouts,data files and any other information provided is for non-construction purposes only and it is the responsibility of the prospective bidder to validate the data with the appropriate plans, specifications and estimates for the projects. Contact the City of Port Arthur located at 444 4th Main Street(409)983-8182. ITEM 7: LEGAL RELATIONS AND RESPONSIBILITIES Furnish all materials, labor and incidentals required to provide for traffic across the highway and for temporary ingress and egress to private property in accordance with article 7.7 of the standard specifications at no additional cost to the City. This shall be incidental to the bid items on this project. Maintain the roadway slope stability. Temporary retaining structures or shoring may be required. Before installing any proposed temporary retaining structures or shoring, secure written approval. Submit design calculations, working drawings and a plan of operations including sequencing. Maintaining slope stability is subsidiary to the various bid items. This contract requires work performed on railroad property. Cooperate with the railroads and comply with all of their requirements including obtaining any training they require before performing work on railroad property. ITEM 8: PROSECUTION AND PROGRESS Gather information and direct attention to the aspects of adjoining projects that may be in progress during the construction of a portion of this project. Plan and prosecute the sequence of construction and the traffic control plan with adjacent construction projects so as not to interfere with, or hinder the completion of the work in progress on the adjoining projects. Coordinate projects to ensure an uninterrupted flow of traffic. BID ITEM NOTES ITEM 104: REMOVING CONCRETE • All concrete(sidewalks,driveways,slabs,pavement,etc.)will be saw cut to full depth at connection points to existing pavements. Saw cutting of all concrete(sidewalks,driveways,slabs,pavements, etc)and as directed by the engineer for removing concrete will not be measured or paid for directly but will be subsidiary to pertinent items. • Replace that portion of the pavement removed for storm sewer installation with ten(10) inches of flexible base and one (1) inch of asphaltic concrete pavement. This work will be considered subsidiary to this item of the contract. • Removal of concrete curb is subsidiary to this item. ITEM 110: EXCAVATION • All excavated material not used on this project shall be the property of the contractor and disposed of at a site approved by the engineer. There will be no direct payment for hauling of excess excavated material,but shall be considered subsidiary to the item 110"Excavation". • Excavation shall be a plans quantity measurement item. Payment shall be based on the quantity as shown in the proposal sheet. Additional compensation will be considered for extra excavation due to field change which effect the total quantity more than 5%. • If manipulating the excavated material requires moving the same material more than once to accomplish the desired results,the excavation is measured and paid for only once regardless of the number of manipulations required. • The total excavation quantity shown on the plans also includes the quantity for excavating behind the back of the proposed curb as shown on the typical sections. Item 132: EMBANKMENT • Provide Type A embankment unless otherwise indicated in the plans. • The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at unit price bid for Embankment(Final)". • This work is not a plans quantity measured item. • Compaction method is specified as ordinary density control compaction. • For areas to receive seed or sod, provide a finished grade with the top 4 in. capable of sustaining vegetation(top soil). ITEM 162: SODDING FOR EROSION CONTROL • Place St. Augustine block sod over graded areas as shown on the plans. (all disturbed areas not paved within the right-of-way) • Should areas of natural growth be deemed by the engineer to have sufficient cover,sodding in such areas shall be eliminated upon approval of the engineer. • The contractor shall maintain all sodded areas as shown on the plans by watering.payment for this work will be under Item 168, "Vegetative Watering". ITEM 210: ROLLING • Compact embankment,subgrade,base,surface treatment,or base materials. • The work performed, materials furnished, equipment, labor, tools, and incidentals will not be measured or paid for directly but will be subsidiary to pertinent Items. ITEM 247: FLEXIBLE BASE • Flexible base Type"A"GR 1-2,Density Control and complete in place shall be used on the project unless otherwise approved by the engineer. • Flexible base materials shall be placed and compacted in a minimum of two lifts with a maximum loose material thickness of 8 inches. Compaction test will be taken at each lift as required by the Engineer. Minimum density shall be not less than 95% of maximum dry density as determined by test method TEX-1 14e&TEX-1 15-e. • Subgrade shall be rolled and compacted to not less than 95% of maximum dry density as determined by test method TEX-1 14e & TEX-1 15-e. This work shall not be measured or paid for directly but will be subsidiary to pertinent items. ITEM 340: DENSE GRADED HOT-MIX ASPHALT • The transition surface areas to be overlaid shall be bladed, cleaned and broomed where necessary and tack coated as directed by the engineer.There will be no direct payment for this work,but shall be considered subsidiary to item 340. • Siliceous granite and gravel, iron ore, or lightweight material will not be permitted on this project. • The paving mixture shall consist of a uniform mixture of coarse aggregate,intermediate aggregate, fine,and asphalt material.Fine aggregate shall consist of manufactured sands,screenings,and field sands. • Prime coating flexible base course for asphalt placement surfaces will not be paid for directly,but will be considered subsidiary to Item 340. ITEM 354: PLANING AND TEXTURING PAVEMENT • Planning of asphalt surface is limited within the area of each sub-phase under construction. • Planning of asphalt surface is for the purpose of asphalt material salvage and recycle. • City will retain ownership of planed materials. Stockpile salvaged materials at the City of Port Arthur Streets and Drainage stock yard located at the Operations Center, 201 H.O. Mills,Port Arthur,Texas 77640. ITEM 360: CONCRETE PAVEMENT • Class P concrete shall be used for all concrete roadway pavements. • Deformed reinforcement bar size, spacing and placement shall conform to TxDOT (Houston District) Standard Jointed Reinforced Concrete Pavement Detail JRCP. Spacing adjustments may be required at the edges on both sides of the proposed concrete pavement lane widths as shown in the contract drawings. • Wire mat reinforcements are not allowed for use on roadway construction for this project. Wire mat reinforcement will be allowed for use on driveways and sidewalk construction. • The contractor may use transit mix concrete in accordance with the item"ready-mix plants". • Where the pavement curb is left off for a later tie,provide the dowels or the tie bars as indicated on the paving detail sheets. The dowel bars and tie bars are subsidiary to the various bid items. • Repair portions of the concrete pavement surfaces that are damaged while in a plastic state before that area receives permanent pavement markings and opens to traffic. Perform repairs that are structurally equivalent to and cosmetically uniform with the adjacent undamaged areas. Do not repair by grouting onto the surface. • Set-retarding admixtures will not be allowed. • Hand-finishing of concrete pavement will be permitted as directed by the engineer. • Sawing of all joints shall begin as soon as sawing can be accomplished without damage to the pavement and completed before 12 hours has elapsed. Any random cracking of the pavement, which in the opinion of the engineer, is due to incomplete sawing operation shall be removed and replaced at the expense of the contractor. • Class 5 self-leveling low modulus silicone sealant shall be used on this project. • All longitudinal and transverse joints shall be sawed. • Surface test Type "A" shall apply to this project. • Concrete placement will not be permitted when impending weather conditions, in the opinion of the engineer,may result in rainfall or low temperatures which will impair the quality of the finishing work. • The contractor shall have on the job site sufficient burlap or polyethylene fabric,as directed by the engineer, to cover a section of concrete pavement 600 feet long and 16 feet wide. • Siliceous gravel will not be permitted in the mix design. • The dowel support assemblies used in concrete pavement shall be constructed using number 1/0 (0.306 inch diameter) wire in the main vertical members. Dowels shall be rigidly supported in parallel positions and shall be welded on one end to support the frame. The weld attachment shall be made alternately on opposite ends of successive dowels. The support assembly shall be subject to the approval of the engineer. • A minimum of 3/5th of each dowel bar shall be coated with hot-applied asphalt cement.The coating shall be placed on opposite ends of successive dowels. • Saw cutting of all joints(transverse expansion joints, longitudinal construction joints, longitudinal sawed joints, transverse sawed joints and others) will not be paid for separately, but shall be considered subsidiary to pertinent items. • Newly placed roadway pavement surfaces with crack(s) of any cause or nature will not be approved and accepted by the City. Crack(s) shall be repaired as shown on TxDOT Standard Full Depth Repair for Concrete Pavement FDR (CP) —05 before the acceptance of the project for maintenance by the Owner. This repair, including saw cutting of pavement full depth, reinforcing,tie and dowel bars, concrete and all incidental materials,saw cutting and sealing of joints,labor and equipment needed to complete the work shall be at the contractor's expense. ITEM 400: EXCAVATION AND BACKFILL FOR STRUCTURES • Structural excavation for pipes will not be paid for separately,but shall be considered subsidiary to pertinent items. • As shown in the drawings, structural backfilling with cement stabilized backfill for pipes under roadway pavements and or outside roadway pavements around pipe zones will not be paid for separately,but will be considered subsidiary to pertinent items. • Removal of existing storm sewer pipes as called for in the drawings will be paid for under the item for removal of pipes. Pipes removed under roadway pavements will be backfield with cement stabilized sand material up to the bottom of subgrade stabilization or base course. Pipes removed outside the roadway pavement will be backfield with suitable excavated ordinary material up to finish grade line. Cement stabilized sand backfill will be compacted to fill all voids and ordinary soil material will be compacted at 8" lifts equal to the surrounding undisturbed soil condition. Backfilling of cement stabilized sand for trench underneath roadway pavement and ordinary soil materials for trench outside roadway pavement will not be paid for separately, but will be considered subsidiary to pertinent items. ITEM 465: MANHOLES AND INLETS • The use of precast storm sewer manholes and/or inlets will not be permitted in this project. • Inlet and manhole "ring and cover" shall be gray cast iron of part no. as shown in the plans. The dimensions and descriptions are shown on the plans.Dimensions may vary to the extent determined by the engineer. • Excavation will not be paid for directly but shall be considered subsidiary to this bid item. • Cement stabilized backfill shall be required around all inlets. The stabilized backfill shall not be paid for directly but shall be considered subsidiary to pertinent bid items. • If building manholes or inlets in graded areas, first construct them to an elevation at least 4 in. above the top of the highest entering pipe and cover with a wooden cover. Complete the construction of such manholes or inlets to the finished elevation when completing the grading work for such manholes or inlets. Adjust the final elevation, if required, since this elevation is approximate. • Construct manholes and inlets in paved areas to an elevation so their temporary wooden covers are flush with the surface of the base material. • Do not leave excavations or trenches open overnight. ITEM 500: MOBILIZATION • Mobilization shall not exceed ten(10)percent of the total construction items amount. ITEM 502: BARRICADES,SIGNS,AND TRAFFIC HANDLING • Submit changes to the traffic control plan to the Engineer. Provide a layout showing the construction phasing, signs, striping, and signalizations for changes to the original traffic control plan. • Furnish and maintain the barricades and warning signs, including the necessary temporary and portable traffic control devices,during the various phases of construction.Place and construct these barricades and warning signs in accordance with the latest "Texas Manual on Uniform Traffic Control Devices for Streets and Highways"for typical construction layouts. • Furnish additional barricades and signs to maintain traffic and motorists' safety when directed by the Engineer. Consider payment for these additional signs and barricades subsidiary to Item 502. • Cover work zone signs when work related to the signs is not in progress,or when any hazard related to the signs no longer exists. • Keep the delineation devices, signs, and pavement markings clean. This work is subsidiary to the Item, "Barricades, Signs, and Traffic Handling". • If a section is not complete before the end of the workday,pull back the base material to the existing pavement edge on a 6H: 1V slope.Edge drop-offs during the hours of darkness are not permitted. • Do not mount signs on drums or barricades, except those listed in the latest Barricades and Construction standard sheets. • Use traffic cones for daytime work only. Replace the cones with plastic drums during nighttime hours. • Place positive barriers to protect drop-off conditions greater than 2 ft. within the clear zone that remain overnight. The traffic control plan(TCP) shall conform to the BC (1) -(12)standards and part VI of the Current Texas Manual Of Uniform Traffic Control Devices. • Remove all traffic control devices from the roadway,off of the right of way,when they are not in use. Devices scheduled to be used within 3 days may be placed along the shoulder of the roadway or right of way when not in use, or stored in other approved areas on the project. Cover any construction signs that are not in effect that are installed in a fashion that will not allow them to be removed from the right of way easily. • Use vertical panels instead of cones as traffic control devices. • Construct all work zone signs,sign supports,and barricades from material other than wood unless approved by the engineer. • Galvanize steel supports if used. Aluminum posts, if used, shall meet the following minimum thickness requirements: Square Feet Minimum Thickness Less Than 7.5 0.080 Inches 7.5 To 1.5 0.100 Inches Greater Than 1.5 0.125 Inches • Plan the sequence of work so as to minimize inconvenience to the traveling public. Any changes to the traffic control plan shown in the plans must be approved in writing by the Engineer. Submit the revised plan for approval to the Engineer. • The approval by the engineer of the method and procedure the contractor plans to use to handle or detour traffic will not relieve the contractor of his responsibility for the protection of the traveling public. • Install temporary fence around the open pit by the end of each working day to safeguard pedestrian using the sidewalk.No payment shall be made for this work directly,but will be consider subsidiary to this item. • Temporary traffic signalization as shown in the plans and Additional temporary traffic signalization not shown in the plans that is required to meet actual site conditions as directed by the engineer will not be measured or paid for separately,but will be considered subsidiary to this pay item. • The Contractor shall submit to the City prior to start of any construction work, a hauling truck and construction vehicles route plan. This route plan shall show streets to be taken for trucks and vehicles either empty or hauling materials going in or out the construction areas scope of work. The Streets that are to be used as truck and vehicle routes shall be truck loads roadway bearing pavements. Upon approval of the Engineer, this truck routing plan will be strictly implemented. Any changes that is required as construction phases progresses will be reviewed and approved by the Engineer. This work will not be measured or paid for separately, but will be considered subsidiary to this pay item. Construction Exit shall be paid for under Item 506. • The Contractor shall prepare proposed revised traffic Detour Plan for the construction of Lakeshore Pavement Replacement project. This shall be coincidental with the construction progress of work phases. Any addition barricades,warning and detour signs, including the necessary temporary and portable traffic control devices to detour and control traffic during the construction of the Lakeshore Drive Pavement Replacement Project will not be measured or paid for separately, but will be considered subsidiary to this pay item. • Additional Barricades, warning and detour signs, including the necessary temporary and portable traffic control devices to detour and control traffic along 12`h Ave., Lakeshore Drive and Stadium Rd. during the construction of City Utilities as required by the Engineer within limits and scope of project work will not be measured or paid for separately, but will be considered subsidiary to this pay item. Water and Sanitary Sewer installations will be paid under its respective Items. Temporary Asphalt Pavement restoration and Temporary Pavement Markings will be paid under its respective Items. ITEM 506: TEMPORARY EROSION,SEDIMENTATION AND ENVIRONMENTAL CONTROL • A Storm Water Pollution Prevention Plan(SWP3)is required for submittal when the disturbed area is 1 acre and greater,with the"Notice of Intent"(NO1)as required.The NOI will be completed and filed by the Contractor at the contractor's own expense. • Use appropriate measures to prevent, minimize, and control the spill of hazardous materials in the construction staging area. Remove and dispose of materials in compliance with State and Federal laws. • Before starting construction, review with the Engineer the SW3P used for temporary erosion control as outlined on the plans. Before construction, place the temporary erosion and sedimentation control management practices as shown on the SWP3. • Before starting grading operations and during the project duration, place the temporary or permanent erosion control measures to prevent sediment from leaving the right of way. • Implement temporary and permanent erosion control measures to comply with the Texas Pollution Discharge Elimination System(TPDES)general permit. • Schedule the sodding work as soon as possible after completing earthwork operations,restore and sod the disturbed areas in accordance with the City's specifications for permanent or temporary erosion control. ITEM 529: CONCRETE CURB, GUTTER,AND COMBINED CURB AND GUTTER • Only machine-laid concrete curb and combined curb and gutter will be allowed on this project. No hand-laid curb will be allowed on this project. • Curb cuts with laydown curbs as shown in the drawings will be paid under Item 529 "Concrete Curb, Gutter, and Combined Curb and Gutter" measured in linear feet. ITEM 530: INTERSECTIONS,DRIVEWAYS,AND TURNOUTS • Saw cutting of concrete and asphalt pavement at break back line as shown in the drawings for Intersections, Driveways and Turnouts shall not be paid for separately, but shall be subsidiary to this unit bid item. Any additional modifications and incidental saw cutting of concrete and asphalt pavement at intersections, driveways, and turnouts required to meet existing site conditions, construction grade standards as shown in the drawings and as directed by the engineer will not be measured or paid for directly but will be subsidiary to pertinent items. • Any additional saw cutting of existing driveways pavements beyond Right of Way lines inside private property as permitted by the owner,not shown in the drawings as determined and ordered by the Engineer to meet standard grade requirements will not be measured or paid for directly but will be subsidiary to pertinent items. End of General Notes GOVERNING CONSTRUCTION SPECIFICATIONS The governing construction specifications applicable to this work are the Texas Department of Transportation(TXDOT)2014 Standard Specifications for Construction of Highways, Streets and Bridges as adopted by the State of Texas. These items which are listed below and which are contained in the TX DOT 2004 Standard Specifications are hereby adopted and made part of the Contract Documents to the same extent as if they were herein reproduced in full subject to such modifications, revisions or supplements as may appear in the section entitled Special Provisions in these Contract Documents to follow: Standard Specifications: Item 104 Removing Concrete Item 110 Excavation(132) Item 162 Sodding for Erosion Control Item 168 Vegetative Watering Item 260 Lime Treatment Item 276 Cement Treatment(Plant Mix)(204)(210)(216)(300)(520) Item 300 Asphalts, Oils,and Emulsions Item 340 Dense-Graded Hot-Mix Asphalt(Method) (300)(301)(320)(520)(585) Item 354 Planing and Texturing Pavement Item 360 Concrete Pavement(421)(420)(438)(440)(529) Item 400 Excavation and Backfill for Structures(132)(402) Item 465 Manholes and Inlets(420)(421)(427)(440)(442)(471) Item 500 Mobilization Item 502 Barricades, Signs,&Traffic Handle Item 529 Concrete Curb& Gutter(360)(420)(421)(440) Item 530 Driveways and Turnouts(247)(276)(360)(421)(440) End of Governing Construction Specification SECTION P QUALIFICATION STATEMENT 1 QUALIFICATION STATEMENT SUBMITTED TO: CITY OF PORT ARTHUR BY GLOBAL DRILLING, INC [Corporation,Co-Partnership,An Individual] PRINCIPAL OFFICE 44994 INTERSTATE 10, WINNIE TEXAS 77665 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: 11 2. How many years' experience in this type of construction work has your organization had? (a) As a general contractor 11 (b) As a sub-contractor 11 3. What projects has your organization completed? Contract Class of When Name and Address Amount Work Completed of Owner $622,693.00 Government/ Public Utilities Aug. 15, 2022 - CITY OF PORT ARTHUR March 31, 2023 444 4th Street, 4th Floor, Port Arthur Texas 77640 $187,000.00 Government/ Public Utilities March 22, 2023 - CITY OF PORT ARTHUR April 12, 2023 444 4th Street, 4th Floor, Port Arthur Texas 77640 $95,000.00 Government/ Public Utilities May 16, 2023 - CITY OF PORT ARTHUR May 26, 2023 444 4th Street, 4th Floor, Port Arthur Texas 77640 $98,500 Commercial / Residential 2021 CARDINAL APRTMENTS 1030-W Cardinal Drive Beaumont Texas 77705 $1,817,438 Government/ Public Utilities 2018 AL SALMEEN GEN CONT EST Abu Dabi, United Arab Emirarates P-1 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. CAREFULLY STUDIED THE PLANS AND SPECIFICATIONS 6. Explain your plan or layout for performing the proposed work: PREPARE ALL THE EQUIPMENT, PERSONNEL AND MATERIALS FOR THE PROJECT. PIPE BURSTING MACHINES ARE ALREADY AVAILABLE 7. The work, if awarded to you, will have the personal supervision of whom? (a) For administrative management? OWNER/ PRESIDENT OF THE COMPANY (b) For resident construction superintendence? OWNER / PRESIDENT OF THE COMPANY (c) What experience in this type of work is enjoyed by the superintendent designated under(b) above? OUR MANAGEMENT/ SUPERINTENDENT HAS EXTENSIVE EXPERIANCE IN TRENCHLESS CONSTRUCTION WHICH INCLUDES THE PIPE BURSTING METHOD 8. What portions of the work do you intend to sub-let? NONE P-2 9. What equipment do you own that is available for the proposed work? Description,Size Years of Present Qty. Item Capacity, Etc. Condition Service Location 1 UNIT AMERICAN AUGER DD140 Used 3 Winnie, TX (63Ton Pullback) 1 UNIT AMERICAN AUGER DD220 Used 3 Winnie, TX (100Ton Pullback) 1 UNIT BOR-IT 30 Auger Boring Used 5 Winnie, TX (77Ton Thrust) 1 UNIT CATERPILLAR 323 D USED 4 WINNIE, TX EXCAVATOR (24.6Ton Cap.) 1 UNIT CATERPILLAR 950F LOADER USED 4 WINNIE, TX (15./ TON Cap) 1 UNIT Skytrack 6036-2 Forklift USED 1 WINNIE, TX 2.7 Tons 10. Have you received firm offers for all major items of equipment within prices used in preparing your proposal? NO, WE HAVE OUR OWN EQUIPMENT P-3 11. List the construction projects your organization has underway on this date: Contract Class of Percent Name and Address of Owner Amount Work Complete or Contracting Officer Dated at WINNIE, TEXAS this 5th day of JUNE , 20 23 BY: BAKER MOHAMMAD TITLE: PRESIDENT P-4 SECTION Q HOUSE BILL 89 VERIFICATION House Bill 89 Verification I BAKER MOHAMMAD (Person name), the undersigned representative (hereafter referred to as "Representative") of GLOBAL DRILLING, INC. GLOBAL DRILLING, INC. _ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE 1 .1611 SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this E day of ICeAA , 2025. C otary Public !,r AWE C.DOHERTY ,a Z ,=Notory Pubdo.Stets of Timo ` �5 Comm.EOrss 08-2b=Q2Q �'' 1,� % Notary ID 3154721 SECTION R NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. a-� Signature: *** /7 Printed Name: BAKER MOHAMMAD Printed Name: BAKER MOHAMMAD Title: President Company: GLOBAL DRILLING, INC Date: C6.(MiLL 24 Zo t �� SUBSCRIBED and sworn to before me by the above named MOI-WAN pon this the 2- day of Q scam+-1- , 20 23 . N ary Public in and for the State of Texas My commission expires: , , JAMIE C.DOHERTY 1�rr.• K at. a`Notary Public.State of Texas ...n '� Comm.Expires 0b-26.2a3E <«,e,u�`� Notary 1D 31E4721 SECTION S AFFIDAVIT AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. GLOBAL DRILLING, INC Firm Name Date /7/**2 PRESIDENT dth`jrized Signature Y Title BAKER MOHAMMAD 407 683 2143 Name (please print) Telephone jasrnin@globaldrillingequipment.com / baker@globaldrillingequipment.com Email STATE: Ts COUNTY: I4A fz,e-IS SUBSCRIBED AND SWORN to before me by the above named !CV--_. O({AM MA. 2 on this the r4 day of , 20 Z i... 1 V.c:,t. N ry Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL JAMIE C.DOHERTY ;1rr'` I k.NatsrY Pub Sttt*of Ta pn =t' Comm.Expires 011-20-2020 5{a e Notary ID 3154721 vaii SECTION T SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION I, BAKER MOHAMMAD , the undersigned an representative of GLOBAL DRILLING, INC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. BAKER MOHAMMAD Name of Company Representative (Print) *** .i Signature of Company Representative 2 (ZO 23 Dat APPENDIX U CHILD SUPPORT CERTIFICATION CHILD SUPPORT CERTIFICATION TEXAS FAMILY CODE,SECTION 231.006 INELIGIBILITY TO RECEIVE STATE GRANTS,LOANS OR RECEIVE PAYMENT ON STATE CONTRACTS A child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor,partner,shareholder,or owner with an interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property,materials or services,or receive a state-funded grant or loan until: I. All arrearages have been paid; 2. The obligor is in compliance with a written repayment agreement or court order as to any existing delinquency;or 3. A court-ordered exemption has been granted. CERTIFICATION STATEMENT Under Section 231.006,Family Code,the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledge that this contract may be terminated and payment may be withheld if this certification is inaccurate. I,the undersigned,hereby certify that I am in compliance with the Texas Family Code,Section 231.006. AGREED TO BY: CONTRACTOR By: GLOBAL DRILLING, INC Name: BAKER MOHAMMAD Title: PRESIDENT Date: JUNE 2, 2023 APPENDIX A FORM FOR REQUEST FOR TIME EXTENSION REQUEST FOR EXTENSION OF TIME DUE TO WEATHER OR SUPPLIES CITY OF PORT ARTHUR DATE: , 20 MONTH OF: , 20 CITY of PORT ARTHUR, TEXAS WATER UTILITIES DEPARTMENT P.O. BOX 1089 CITY of PORT ARTHUR, TEXAS 77641-1089 Gentlemen: We request extension of completion time on our Contract due to the days of work lost as specified(list dates actually lost: do not include days not normally worked such as Saturdays, Sundays, or holidays): Dates Lost: Days Lost ( ) / 5 x 7 + Calendar Days Requested Reasons for Request: Contractor By: Approved for extension of calendar days. Disapproved. Date: , 20 CITY OF CITY OF PORT ARTHUR, TEXAS BY: City Manager Distribution by City Original: Utilities Engineer Cc: Engineer Contractor APPENDIX B SPECIAL PROVISIONS