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HomeMy WebLinkAboutPR 23295: LANDFILL WATERLINE EXTENTION City of Qii-[ rthur Texu.s INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT-ADMINISTRATION DATE: September 15, 2023 TO: The Honorable Mayor and City Council THROUGH: Ronald Burton, City Manager FROM: Calvin Matthews, P.E., Water Utilities Director RE: PR 23295 Landfill Waterline Extension Introduction: The intent of this Agenda Item is to request Council's approval for the extension of a waterline to the City Landfill. The Landfill currently does not have water service for a truck wash, fire protection and bathrooms. MK Constructors of Vidor, Texas submitted the lowest, most responsible bid of$1,382,509.00.Funding is available in Water Utilities Account No.405-40-000- 8516-00-00-000, Water System, Project No. WS0008. Four(4)bids were received. Background: The Landfill currently does not have water service for a truck wash, fire protection and bathrooms. MK Constructors of Vidor, Texas submitted the lowest, most responsible bid of $1,382,509.00. Budget Impact: Funding is available in Water Utilities Account No. 405-40-000-8516-00-00-000, Water System, Project No. WS0008. Four(4)bids were received. Recommendation: I recommend that the City Council approve Proposed Resolution No. 23295 to authorize the extension of a waterline to the City Landfill in the amount of$1,382,509.00 as described/outlined above. PR 23295 9/15/23 bw Page 1 of 3 RESOLUTION NO. A RESOLUTION AWARDING A BID AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BDS CONSTRUCTORS, LLC DBA MK CONSTRUCTORS OF VIDOR, TEXAS WITH A PROJECTED BUDGETARY IMPACT OF $1,382,509.00 FOR THE LANDFILL WATERLINE EXTENSION; FUNDING IS AVAILABLE IN WATER UTILITIES ACCOUNT NO. 405-40-000-8516-00-00-000, WATER SYSTEM, PROJECT NO. WS0008. WHEREAS, the Landfill currently does not have water service for a truck wash, fire protection, and bathrooms; and, WHEREAS,the Council approved Resolution No. 21-078 to award Arceneaux Wilson& Cole, LLC for the engineering design and construction of the waterline extension from Hazel Avenue to the City Landfill; and, WHEREAS,this contract was advertised for bids on August 5, 2023 and August 12,2023 in the Port Arthur News and five (5) bids were received and opened on September 6, 2023 with BDS Construction, LLC dba MK Constructors of Vidor, Texas being the lowest,most responsible bid in the amount of $1,382,509.00 (see Exhibit "A") and have been evaluated by Arceneaux Wilson& Cole, Water Utilities staff, and Purchasing Manager; 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 Council of the City of Port Arthur hereby award the bid for the Landfill Waterline Extension to BDS Construction, LLC dba MK Constructors of Vidor, Texas for the amount of$1,382,509.00; and, THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City, a contract with BDS Construction, LLC dba MK Constructors of PR 23295 9/15/23 bw Page 2 of 3 Vidor,Texas for the amount of$1,382,509.00 for the Landfill Waterline Extension in substantially the same form as attached hereto as Exhibit"B"; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the_day of , A.D. 2023 at a meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartle Mayor ATTEST: Sherri Bellard City Secretary PR 23295 9/15/23 bw Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: Valecia Tizeno Ronald Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: d/rO OtAAL,,6 Kandy Daniel Finance Director Sti fry Fe Calvin Matthews, P.E. Water Utilities Director ee ' de( Clifton Williams, CPPB Purchasing Manager Exhibit "A" 00 0 0 0000 00 00000000 00000000 0 O 0 O. 0 O. 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O Z Q 0 0 0 0 Z y o 0 0 0 O > u W 0 0 0 0 -Q. -0 O 4r, o0o M E a C 0 4 ,.n,i-'UT VT V) VT VT V) 5, 2Q ccU Q 7 1- p p p p U CO- CO CO- CO O Q m J J J J Z Z Q Q Q Q 0_ W + + + + C Q 0 p 0 p s 4 Q Q m m m m J " -^ � " W W W W 3 J Q �7 p V) N V) N 5x- � z ' 0 m Q Q Q Q U m m CO co z Z '- 2 m 2 2 p p m V G z ^ m CYl m 00 C ¢ H H H I- Z Q Z Z Z Z /1 < - Z p p Z /�� jz - o Q Q Q Q 0%0% ... X - x _ co Q0 Q0 Q0 } \ I \ \ # 4 0 / -» x \ \} XDI w \\ u / S I # \ \ g ± G = r o IlD Z LD \ / c \ 2 j # ) £ I4 \ � C > 8a8 � \ < 00o \ \ � \ { ® /j } G } = = o -, \ \ \ i / . ,'� 1% u j ��t § s � / I 1.- N \ $� 6 & �\ �~ m f a g !. ; -®� , - j j ! = ) 2 / � Q ƒ , . ( -I ' -I k o 2 -I- 1� + Q u _ /. _ 11 uz • m; % iii /6 :} MI O 4{ \ i , _ x§ j} ¥ � L )} / . $ $ . W 00% C 040% . ) AWL *it.) ARCENEAUX WILSON&CO LE eflyuleer Ply i eroey ny!QICI M ny September 8, 2023 Mr. Calvin Matthews, P.E. City of Port Arthur Director of Water Utilities 444 4th Street Port Arthur, Texas 77640 RE: AWARD OF CONTRACT for LANDFILL WATER LINE EXTENSION AWC Job No. CPA-1010 Mr. Matthews: On September 6, 2023 the City of Port Arthur received five (5) sealed bids for Landfill Water Line Extension in Port Arthur, Texas. The bids were opened at 3:15 pm and the results read aloud in the public bid opening. The bids were checked for errors and tabulated. Bidders submitted all required documentation as requested. It was found that MK Constructors of Vidor, Texas submitted the lowest responsive bid for the project. The Total Amount Bid (Base Bid) for Landfill Water Line Extension was $740,766.00. A copy of the Bid Tabulation is enclosed for your information. We have reviewed the low bidding contractor's qualifications and references and feel they are qualified to complete the project. Through discussion with the City, it has been agreed to award the contract to MK CONSTRUCTORS: Landfill Water Line Extension for the Total Amount Bid (Base Bid plus Additive Alternate Bids A B & C) in the amount of One Million Three Hundred Eighty-Two Thousand Five Hundred Nine Dollars and Zero Cents ($1,382,509.00). Should you have any questions or require additional information, please contact our office. 409.724.7888 312C Central Mall Drive Port Arthur,TX 77642 Engineering Surveying awceng.com F-16194 "0194049 ••) .ffI1 ARCENEAUX WILSON& COLE LLC TEXAS REGISTERED ENGI ERING FIRM F-16194 Keith Zotzky-. �►, Vice President of Engineering Services Attached Landfill Water Line Extension Bid Tabulation Exhibit "B" CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR CONSTRUCTION OF LANDFILL WATER LINE EXTENSION FROM HAZEL AVENUE TO CITY LANDFILL to Serve City of Port Arthur PORT ARTHUR, TEXAS JOB NO. 1010 CONTRACT NO. 1 CITY OF PORT ARTHUR'S BID NO.21-078 City of Port Arthur JEFFERSON COUNTY, TEXAS APRIL 2023 i•(it• OF T•+q,1 ;r /*• •* BRIAN K. ZOTZKY 1,\\\`AL�w v4/2v/2v2� TEXAS REGISTERED ENGINEERING FIRM F-16194 ARCENEAUX WILSON& COLE LLC Engineers * Surveyors * Planners PORT ARTHUR, TEXAS THURMAN BILL BARTIE,MAYOR RONALD BURTON TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER COUNCIL MEMBERS: SHERRI BELLARD,TRMC WILLIE BAE LEWIS i CITY SECRETARY DONEANE BECKCOM o r t r t It « r HAROLD L.DOUCET,SR VAL TIZENO THOMAS KINLAW III Teau'� CITY ATTORNEY DONALD FRANK,SR. AUGUST 11, 2023 INVITATION TO BID LANDFILL WATER LINE EXTENSION FROM HAZEL AVENUE TO CITY LANDFILL DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 30, 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, August 30, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-058 DELIVERY ADDRESS: Please submit one(1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street! Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. e G(����.c�n e CliCCft//on Williams, CPPB Purchasing Manager Page 2 of 3 NON MANDATORY PRE-BID CONFERENCE A Non Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and prospective bidders for Landfill Water Line Extension from Hazel Avenue to City Landfill is scheduled for August 14, 2023 at 10:00 A.M., the 5th Floor Council Chambers located at 444 4th Street, Port Arthur, Texas. The purpose of the Pre-Bid Conference is to make certain that the scope of work is fully understood, to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents. Bids received from firms or individuals not listed on the roll of attendees of the Non-Mandatory Pre-Bid Conference will be rejected and returned unopened to the bidder. • Page 3 of 3 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 a , herein acting by and through - , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein. OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the construction of Landfill Water Line Extension from Hazel Avenue to City Landfill 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 Prgect described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will complete the same within _ consecutive calendar days as specified in the Notice to Proceed, including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum $ 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) Informationto BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Payment Bond (H) Performance Bond (I) Notice of Award (J) Notice to Proceed (K) Insurance (L) Specification A-1 I 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: NAME: ADDRESS: [CORPORATE SEAL] ATTEST: NAME: A-2 SECTION B ADVERTISEMENT FOR BIDS .,tTY 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, August 30, 2023 and all bids received will thereafter be opened and read aloud at 3:15 p.m., on Wednesday, August 30, 2023 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: LANDFILL WATER LINE EXTENSION FROM HAZEL AVENUE TO CITY LANDFILL Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR MONDAY, AUGUST 14, 2023 AT 10:00 A.M. AT CITY HALL COUNCIL CHAMBER LOCATED AT 444 4TH STREET., PORT ARTHUR,TEXAS. 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. (AA, VI/LL Clifton Williams Purchasing Manager FIRST PUBLICATION: August 5,2023 SECOND PUBLICATION: August 12, 2023 SECTION C INFORMATION TO BIDDERS. INFORMATION TO BIDDERS The following instructions are applicable to the Contract in addition to the requirements set forth in the ADVERTISEMENT FOR BIDS. 1. BID PROCEDURE Bids must be submitted in DUPLICATE upon the prescribed forms, or copies thereof, in sealed envelopes plainly marked. Bids shall be prepared in compliance with the requirements of the ADVERTISEMENT FOR BIDS, these instructions and the instructions printed on the prescribed forms. All blank places on the Proposal form must be filled in as noted, in ink, in both words and figures,with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or of the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. If the Bidder does not bid on optional items (if shown in the Proposal form), "No Bid" shall be entered in the blank spaces therefore. Any bid may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind or item not called for, or which does not contain prices set opposite to each of the several items in the Proposal form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published ADVERTISEMENT FOR BID. The Bidder shall sign his Proposal in the blank area provided therefore. If the bid is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown. together with the name and address of the partners or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof accompanied by Corporate Seal. In order to ensure consideration, the Proposal must be enclosed in a sealed envelope plainly identified by the name of the project and the Contract number. and addressed to the OWNER as prescribed in the Invitation to Bidders. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modifications to a bid must be signed by the CONTRACTOR or his designated representative. No withdrawal or modifications shall be accepted after the time for opening of proposals. 2. 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- 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 G2 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 MANOAIQEY PREZIO SSONEERENCE between the Engineer, Representatives of the City of Port Arthur, Texas and prospective bidders will be held on: Monday,August14,2023at, 10:00 a.m., at City of Port Arthur City Hall, 444 4"' Street, 5' Floor Conference Room, Port Arthur, TX 77640. The purpose of the NON MANDATORY PRE-B1Q 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 CITY OF PORT ARTHUR,TEXAS 77640 g '$DS Cs�1 �' Proposal of �, m (hereinafter called "BIDDER"), organ' ed and existin under the laws of the State of Texas doing business as to ., and acting by and through to the C OF PORT ARTHUR, Port Arthur, Texas (hereinafter called "OWNER"). In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of Landfill Water Line Extensions 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 within 180 consecutive calendar days 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 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: 4\ — b\ 2 23 va - 12ci23 *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: D-1 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount BASE BID ITEMS (Plan Sheets 10 - 16) Mobilization, including all necessary appurtenances, Complete in Place 1. 1 L.S. @ kR 54. W :44. $? $ I`ll' Per Lump Sum C ' ) Traffic Control, including all necessary appurtenances, Complete in Place 2. 1 L.S. @ "UlaSS)(1116 ,� $ 1 n3z® $ 1)062 Per Lump Sum r` Stoiinwater Pollution Prevention Plan, and all necessary appurtenances, Complete in Place 3. 1 L.S. ( 1%/L4,-MAECASLCk Per Linear Foot 14 16" DR 9 HDPE IPS by Trenchless Installation, including all connections, surface repair and restoration, including all necessary appurtenances, Complete in 4. 3,220 L.F. Place @ Per Linear Foot 8" PVC CertaLok DR 18 Installation in Trench, including all connections, surface repair and restoration, and all necessary 5. 60 L.F. appurtenances, Complete in Place er Linear Foot D-2 2, Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 8" MJ Gate Valve and Box with Blind Flange, including all necessary appurtenances, Complete in Place 6. 2 EA. @N I.11_ $ (,221.0 - Per Each 2" Air Release Valve (ARV), including all necessary appurtenances, Complete in Place 7. 2 EA. @ sAtTy Per Each TOTAL AMOUNT BID BASE BID $ IlLkV/11\-1) l.0 J D-3 __ 2 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount ADDITIVE ALTERNATE A BID ITEMS (Plan Sheets 19 — 21) 1 16" DR 9 HDPE IPS at-grade crossing, including all connections, surface repair and restoration, including all necessary appurtenances, Complete in Place 1. 290 L.F. Mgt \A—U—nCift-ad V61 ' $ Per Linear Foot 16" DR 9 HDPE IPS in 24" Steel Casing at-grade crossing, including all connections, surface repair and restoration, including all necessary 2. 25 L.F. appurtenances, Complete in Place @ .ILA—Yl 11 •er Linear Foot ►\ ipt 8" PVC CertaLok DR 18 Installation in Trench, including all connections, surface repair and restoration, and all necessary appurtenances, Complete in Place 3. 55 L.F. C-18 � Per Linear Foot 16" MJ 11.25 Degree Bend, including all necessary appurtenances, Complete in Place 4. 3 EA. Per Each 16" x 8" MJ Reducer, including all necessary appurtenances, Complete in Place 5. 2 EA. 1165U4T9111kriH $_2057 $ Per Each D-4 Clad 2 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 8" MJ 45 Degree Bend, including all necessary appurtenances, Complete in Place 6. 4 EA. @ I1 akiftQU 1\11,1\64ktid.. CYPI\-1 Per Each .t AinaCI 8" MJ Gate Valve and Box with Blind Flange, including all necessary appurtenances, Complete in Place 7. 2 EA. @ ` 1 ? " $ 37 Per Each 2" Air Release Valve (ARV), including all necessary appurtenances, Complete in Place 8. 2 EA. 4\litri-Vkalarkd Per Each $ 5 _t.P2= Asphalt Surface Restoration, including all necessary appurtenances, Complete in Place 9. 500 S.Y. @ VU 1 1.*clo-" Per Square Yard $ 40- $ (D r\ TOTAL AMOUNT BID ADDITIVE ALTERNATE AS_ bu, a D-5Nack2 Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount ADDITIVE ALTERNATE B BID ITEMS (Plan Sheets 17 — 18 & 22 — 25) 8" PVC CertaLok DR 18 Installation in Trench, including all connections, surface repair and restoration, and all necessary appurtenances, Complete in Place 1. 2,335 L.F. @ bLkIL $ r1Y's sr Per Linear Foot 8" M1 45 Degree Bend, including all necessapurtenances, Complete in Place 2. 1 EA. @ kAitCWCL—_ Per Each 8" MJ 22.5 Degree Bend, including all necessary appurtenances, Complete in Place r 3. 1 EA. @ We.-- 2.18COL Per Each 8" x 6" MJ Reducer, including all necessary appurtenances, Complete in Place 4. 1 EA. @ V $ tDar $ Per Each 6" Tapping Sleeve & Valve, including all necessary appurtenances, Complete in Place 5. 1 EA. @ Elb\r\A-44111WM`KCI SUMYIVtliPdAad s_i)ra Per Each D-6 eSdd Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount 2" Air Release Valve (ARV), including all necessary appurtenances, Complete in Place 6. 2 EA. @ N534,Cil Per Each Connection to Existing Water Line, including all necessary appurtenances, Complete in Place 7. 1 L.S. Itsk Vei\Urtia-k6 $4522-1 -"" Per Lump Sum Skikaa$ 1 TOTAL AMOUNT BID ADDITIVE ALTERNATE B$ 2_cc51 D-7 bca Item Approx. Description of Item with Unit No. Qty. Unit Unit Price Written in Words Price Amount ADDITIVE ALTERNATE C BID ITEMS (Plan Sheets 4 — 9) 8" PVC CertaLok DR 18 Installation in Trench, including all connections, surface repair and restoration, and all necessary appurtenances, Complete in Place 1. 2,575 L.F. @ rti c` s_t 3 s Per Linear Foot 8" MJ 22.5 Degree Bend, including all necessary appurtenances, Complete in Place 2. 2 EA. @ \\13...uSiNtsA $gyp-- $ 1,260 " Per Each 8" x 6" MJ Reducing Tee with 8" Cap, including all necessary appurtenances, Complete in Place 3. 1 EA. @ cie 6134-Sly\ei $ C— $ \,ao(Per Each Fire Hydrant Assembly, including all valves and necessary appurtenances, Complete 1�etw�in Place , 4. 1 EA. @ ... �►� L .4 U $ $n_ Per Each s AMOUNT BID ADDITIVE ALTERNATE C$ M� ��� TOTAL � � D_g add 2. SUBSTITUTIONS 1. (Add) (Deduct) $ 2. (Add) (Deduct) $ Unit prices are to be expressed in both words and figures. In case of a discrepancy, the amount shown in words shall govern. The above unit prices shall include all labor, materials, equipment, bailing, shoring,removal, overhead,profit, insurance, etc. to cover the finished work of the several kinds called for. BIDDER understands that the OWNER reserves the right to reject any or all bids and to waive any informalities in the bidding. In addition, the OWNER reserves the right to award the Contract on the basis of TOTAL AMOUNT BID or TOTAL AMOUNT BID with Substitution(s) or TOTAL AMOUNT BID plus any Altemate(s)described above which is most advantageous to the OWNER. The BIDDER agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned BIDDER hereby declares that he agrees to do the work, and that no representations made by the Owner are in any sense a warranty, but are mere estimates for the guidance of the Contractor. Upon receipt of the notice of acceptance of the bid, the BIDDER will execute the formal Contract attached within ten (10) working days and will deliver a Performance and a Payment Bond to insure payment for all labor and materials. The bid security attached, without endorsement, in the sum of no less than five percent (5%) of the amount bid, is to become the property of THE CITY OF PORT ARTHUR, TEXAS, in the event the contract and bonds are not executed within the time above set forth, as liquidated damages without limitation. Respectfully submitted: Kel:&—trW (NAME OF CONTRACTOR) V`c$ ^IL^ 2 t1 (ADDRESS) � \ CYn 1.0 nn BY: 1 -6VCa (TELEPHONE NUMBER) TITLE: s,_2• LICENSE NUMBER IF APPLICABLE) DA 1'r: — \23 Jr+ (SEAL,IF BIDDER IS A CORPORATION) (ATTEST) D-9 Cam.. Z CITY OF PORT ARTHUR EXCEPTION /APPROVED EQUAL REQUEST [Please submit this form for each exception/approved equal] VENDOR: TELEFAX: PROJECT: PAGE: of PARAGRAPH: SUBJECT: N/A REQUEST: \PS \ ,.\ Signature FOR CITY OF PORT ARTHUR USE ONLY APPROVED: DISAPPROVED: CLARIFICATION: REMARKS: Signature CITY OF PORT ARTHUR BID OPENING DA I'h: D-10 L.9Y.Lci Z SECTION E BID BOND BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, the Undersigned, BDS Constructors, LLC dba M K Constructors as Principal, and _ Hartford Fire Insurance Company as Surety, are hereby held and firmly bound unto City of Port Arthur as OWNER in the penal sum of -5%- Five Percent of Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 6th day of September , 2023 The Condition of the above obligation is such that whereas the Principal has submitted to City of Port Arthur a certain BID, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the LANDFILL WATER LINE EXTENSION FROM HAZEL AVENUE TO CITY LANDFILL 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 � rP these presents to be signed by their proper Officers, the day and year first set forth above. BDS Constructors, LLC dba M K Constructors (L.S.) PRINCIPAL ________llartfortEire Insurance Company SURETY BY: Douglas N. McElveen, Attorney-in-Fact IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list(Circular 570 as amended) and be authorized to transact business in the state where the project is located. E-2 Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND,T-11 One Hartford Plaza Hartford,Connecticut 06155 Bond.ClaimsCo�thehartford.com call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: MCELVEEN INSURANCE LLC Agency Code: 43-4 8 3 92 8 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of Unlimited : Christine Baker, Douglas N. McElveen, Amanda McElveen, Kathy Peters, Benjamin Dennis Stine of LAKE CHARLES, Louisiana their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. sm•iy �yT r _js It. i . _ ...,11 1 i 1 ea It It lt J .f _.r,» 4W6• s'fp�70 1 tp7q% il 7979 ': } V/46/71/ It)/26441-° (-----,0_64-X..,./ .o‘f AL—, • Shelby Wiggins,Assistant Secretary Joelle L. LaPierre,Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly sworn,did depose and say:that (s)he resides in Seminole County,State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority. �j... c- Jessica Ciccone ,._s My Commission HH 122280 Expires June 20.2025 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of September 6, 2023 . Signed and sealed in Lake Mary, Florida. o `f� a : /1 1 !ISM ..t....0;„,. a. 0 a T'` l 14/w@.•Z i fya.ra�. } f f 1+�i / �i LVF'. x.'F.! tisFNM V;, 1a7Dye€ 97 2979 y qvs. f +s\ . . Keith D.Dozois,Assistant Vice President 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-I 26. Special Conditions Pertaining to Hazards, Safety Standards and Accident Prevention 27. Suspension of Work 28. National Historic Preservation Act of 1966 29. Required Provisions Deemed Inserted 30. Safety and Health Regulations for Construction 31. Use and Occupancy Prior to Acceptance by Owner 32. Use of Premises and Removal of Debris 33. Quantities of Estimate 34. Lands and Rights-of-Way 35. Conflicting Conditions in Contract Documents 36. Notice and Service Thereof 37. Separate Contract 38. Subcontracting 39. Architect/Engineer's Authority 40. Meaning of Intent 41. Contract Security 42. Additional or Substitute Bond 43. Assignments 44. Mutual Responsibility of CONTRACTOR'S 45. Acceptance of Final Payment Constitutes Release 46. Payments by Contractor 47. Construction Schedule and Periodic Estimates 48. Payments to Contractor 49. Correction of Work 50. Subsurface Conditions Found Different 51. Claims for Extra Cost 52. Changes in Work 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 1 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. Federal Labor Standards Provisions 98. Delay, Disruption and/or Other Claims 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. "Subcontractor": A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate Contract or agreement with, the CONTRACTOR. c. "Work on (at)the Project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the CONTRACTOR and any Subcontractor. d. "OWNER": Refers to the City of Port Arthur, Port Arthur„ Texas. e "CITY OF PORT ARTHUR": Refers to the City of Port Arthur, Port Arthur, Texas. 3. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Contract, the CITY OF PORT ARTHUR shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished Documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Contract shall, at the option of the CITY OF PORT ARTHUR, become its property and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CITY OF PORT ARTHUR for damages sustained by the CITY OF PORT ARTHUR by virtue of any breach of the Contract by the CONTRACTOR, and the CITY OF PORT ARTHUR may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due the CITY OF PORT ARTHUR from the CONTRACTOR is determined. 4. PERSONNEL a. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY OF PORT ARTHUR. F-5 b. All of the work required hereunder will be performed by the CONTRACTOR or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. c. None of the work covered by this Contract shall be subcontracted without the prior written approval of the CITY OF PORT ARTHUR. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. REPORTS AND INFORMATION The CONTRACTOR, at such times and in such forms as the CITY OF PORT ARTHUR may require, shall furnish the CITY OF PORT ARTHUR such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 6. RECORDS AND AUDITS The CONTRACTOR shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the CITY OF PORT ARTHUR to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY OF PORT ARTHUR or any authorized representative, and will be retained for three(3)years after the expiration of this Contract unless permission to destroy them is granted by the CITY OF PORT ARTHUR. 7. FINDINGS CONFIDENTIAL All of the reports, information, data, etc., prepared or assembled by the CONTRACTOR under this Contract are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without the prior written approval of the CITY OF PORT ARTHUR. 8. COPYRIGHT No report, maps or other Documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 9. COMPLIANCE WITH LAWS The CONTRACTOR shall comply with all applicable laws, ordinances, rules,orders, regulations and codes of the federal, state and local governments relating to performance of the work herein, the protection of adjacent property and the maintenance of passageways, guard fences or other protective facilities. 10. INTEREST OF MEMBERS OF CITY OF PORT ARTHUR No member of the governing body of the CITY OF PORT ARTHUR, and no other officer, employee or agent of the CITY OF PORT ARTHUR who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 11. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS F-6 No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the CONTRACTOR shall take appropriate steps to assure compliance. 12. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. CERTIFICATES AND PERMITS Except for required permits issued by OWNER, which shall be issued at no cost to CONTRACTOR. CONTRACTOR shall secure at his own expense from other public authorities all necessary certificates, licenses, approvals and permits required in connection with the work of this Contract or any part thereof, and shall give all notices required by law, ordinance or regulation. CONTRACTOR shall pay all fees and charges incident to the due and lawful prosecution of the work of this Contract, and any extra work performed by him. 14. GUARANTEE OF WORK a. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the CONTRACTOR of liability in respect to any warranties or responsibility for faulty materials or workmanship. The CONTRACTOR guarantees and warrants that all materials and equipment which are to become part of the work shall be new unless otherwise specified and that all work will be of good quality and free from faults or defects and in accordance with the Contract Documents and of any inspections, tests or approvals required by the Contract Documents, law, ordinance, rules, regulations or orders of any public authority having jurisdiction. The OWNER will give notice of observed defects with reasonable promptness. b. Neither observations by Architect or Engineer nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the work in accordance with the requirements of the Contract. c. The provisions of this paragraph shall be cumulative of and not in limitation of the responsibility of CONTRACTOR for defects in the work or materials or damages resulting therefrom as otherwise provided by the law of the State of Texas or this Contract, including, without limitation, the implied warranty of fitness of the work and the implied obligation to perform the work in a good and workmanlike manner. 15. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS The CONTRACTOR will be furnished additional instructions and detail drawings as necessary to carry out the work included in the Contract. The additional drawings and instructions thus supplied to the CONTRACTOR will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The CONTRACTOR shall carry out the work in accordance with the additional detail drawings and instructions. The CONTRACTOR and the 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 F-7 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. 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 F-8 made so that the CONTRACTOR and the ENGINEER may be present for such procedures. If the ENGINEER is to observe tests and inspections, the ENGINEER will do so promptly and, where practical, at the normal pace of testing. Tests and inspections shall be made promptly to avoid unreasonable delays on the project. Required certificates and/or reports of all test and inspections shall, unless otherwise required by the contract documents, be promptly delivered by the independent testing laboratory to the CONTRACTOR, the ENGINEER, and the OWNER. 20. "OR EQUAL" CLAUSE Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers'or vendors'names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the CONTRACTOR without the Architect/Engineer's written approval. 21. PATENTS a. The CONTRACTOR shall hold and save the OWNER and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the Contract, including its use by the OWNER, unless otherwise specifically stipulated in the Contract Documents. b. License or Royalty Fees: License and or royalty fees for the use of a process which is authorized by the OWNER of the project must be reasonable and paid to the holder of the patent, or his authorized licensee, direct by the OWNER and not by or through the CONTRACTOR. c. If the CONTRACTOR uses any design, device or materials covered by letters patent or copyright, he shall provide for such use by suitable agreement with the OWNER of such patented or copyrighted design, device or material. It is mutually agreed and understood that,without exception, the Contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The CONTRACTOR and/or his Sureties shall indemnify and save harmless the OWNER of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this Contract, and shall indemnify the OWNER for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 22. SURVEYS Unless otherwise expressly provided for in the Specifications, the OWNER will furnish to 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 F-9 II 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: 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.) F-10 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 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. F-II 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, 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. F-12 33. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this Contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved, except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the OWNER to complete the work contemplated by the Contract, and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution give cause for claims or liability for damages. 34. LAND AND RIGHTS-OF-WAY Prior to the start of construction, the OWNER shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this CONTRACT. 35. CONFLICTING CONDITIONS IN CONTRACT DOCUMENTS The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. In case of a conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement (including General Conditions), Performance Bond, Payment Bond, Special Bonds(if any), Proposal. Special Conditions(including Information to Bidders), Advertisements for Bids, Detailed Drawings, Technical Specifications, General Drawings (Plans) and Supplemental General Conditions. 36. NOTICE AND SERVICE THEREOF Any notice to any CONTRACTOR from the OWNER relative to any part of this Contract shall be in writing and considered delivered and the service thereof completed when said notice is posted. by certified or registered mail, to the said CONTRACTOR at his last given address or delivered in person to the said CONTRACTOR or his authorized representative on the work. 37. SEPARATE CONTRACT The CONTRACTOR shall coordinate his operations with those of other 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 F-(3 acts and omissions of persons directly employed by him. d. The CONTRACTOR shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the CONTRACTOR by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of Subcontractors and to give the CONTRACTOR the same power as regards terminating any Subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the Contract Documents. e. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the OWNER. f. The CONTRACTOR shall not sublet the contract work to subcontractors more than 50% of the awarded project contract amount. 39. ARCHITECT/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 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. F-14 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 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 AND PERIODIC ESTIMATES Immediately after execution and delivery of the Contract, the CONTRACTOR shall deliver to the OWNER an estimated construction progress schedule in form satisfactory to the OWNER. showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the CONTRACTOR in accordance with the progress schedule. The CONTRACTOR shall also furnish on forms to be supplied by the OWNER (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered F-15 as fixing a basis for additions to or deductions from the Contract price. 48. PAYMENTS TO CONTRACTOR a. Not later than the thirty(30)calendar days from the date of submission to the City of Port Arthur, the OWNER shall make a progress payment to the CONTRACTOR on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of the Contract,the OWNER shall retain ten percent (10%) (five percent [5%] if the total contract price exceeds $25,000)of the amount of each estimate until final completion and acceptance of all work covered by this Contract; Provided, that the CONTRACTOR shall submit his estimate no later than the fifth (5th) day of the month. Provided further, that on completion and acceptance of each separate building, public work or other division of the Contract on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. The CONTRACTOR is advised that the payment schedule noted is subject to fluctuation due to the 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 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, No materials on hand will be paid.The material delivered on the site and preparatory work done may be taken into consideration by the Engineer. c. All material and work covered by partial payments made shall thereupon become the sole property of the OWNER, but this provision shall not be construed as relieving the CONTRACTOR from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work or as a waiver of the right of the OWNER to require the fulfillment of all of the terms of the Contract. d. OWNER'S Right to Withhold Certain Amounts and Make Application Thereof: The CONTRACTOR agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, after having served written notice on the said CONTRACTOR, either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR or his Surety. In paying any unpaid bills of the CONTRACTOR, the OWNER shall be deemed the agent of the CONTRACTOR, and any payment so made by the OWNER shall be considered as a payment made under Contract by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. This provision shall not be construed to give rise to any third party beneficiary rights in claimants. F-I6 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 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. F-17 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 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 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; F-18 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 rain days claimed by the CONTRACTOR; however, rain days shall be considered only if the number of rain days exceeds the number projected in the number of contract days. If the rain days exceed the number projected in the contract days, the CONTRACTOR must notify the Engineer or OWNER on the day the CONTRACTOR claims he cannot work because of rainy weather that day. Failure to 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. The CONTRACTOR shall, within ten (10) days from the beginning of such delay, unless the OWNER shall grant a further period of time prior to the date of final settlement of the Contract, notify the OWNER, in writing, of the causes of delay, who shall ascertain the facts and extent of the delay and notify the CONTRACTOR within reasonable time of its decision in the matter. Provided, that this provision for liquidated damages shall be cumulative of and not in limitation of any other remedy available to OWNER, including, without limitation, the right to terminate as provided in paragraph 3 and to recover additional damages for any excess cost in otherwise completing the work. 54c. WORKING HOURS Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 55 WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the CONTRACTOR will, and will cause his Subcontractors to, protect carefully his, and their, work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the CONTRACTOR. 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. F-19 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 shalt 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 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, F-20 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. 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. F-21 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 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 F-22 WAGE DETERMINATION DECISION Unlisted classifications needed for work not included within the scope of the classifications listed in the wage determination in this Contract may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (ii). 66. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES The OWNER shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the CONTRACTOR is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the OWNER, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination. 67. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster and the applicable wage determination decisions, with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 68. COMPLAINTS. PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any Subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 69. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the CONTRACTOR in writing to the OWNER for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor,whose decision shall be final with respect thereto. 70. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of(a)the aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other pertinent federal statute, shall be referred, through the OWNER and the Secretary of Housing and Urban Development. to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. F-23 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 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 F-24 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 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 4 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 F-25 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. b. The terms "construction", "prosecution", "completion" or"repair" mean all types of work done on a particular building or work 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 or work 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-26 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 copies of WH 347 and WH 348 may be obtained from the government contracting or sponsoring agency and copies of these forms may be purchased at the Government Printing Office. c. The requirements of this section shall not apply to any Contract for Two Thousand Dollars ($2,000) or less. d. Upon a written finding by the head of a federal agency, the Secretary of Labor may provide reasonable limitations, variations,tolerances and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. 81. SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY PAYROLL RECORDS a. Each weekly statement required under§ 3.3 shall be delivered by the CONTRACTOR or Subcontractor, within seven (7)days after the regular payment date of the payroll period, to a representative of OWNER in charge at the site of the building or work or, if there is no representative of OWNER at the site of the building or work, the statement shall be mailed by the CONTRACTOR or Subcontractor, within such time, to the OWNER. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available and shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. b. Each CONTRACTOR of Subcontractor shall preserve his weekly payroll records for a period of three (3) years from date of completion of the Contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his F-27 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. b. Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A"bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. c. Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the CONTRACTOR, Subcontractor or any affiliated person, or when collusion or collaboration exists. d. Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts or similar payments for the benefit of employees, their families and dependents: Provided, however,that the following standards are met: (1) the deduction is not otherwise prohibited by law; (2) it is either(i)voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or(ii) provided for in a bona fide collective bargaining agreement between the 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. F-28 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. 83 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 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. F-29 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 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. F-33 (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 F-30 during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The CONTRACTOR will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to 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. t'-31 C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) (applicable to contracts/subcontracts exceeding Ten Thousand Dollars ($10,000)): (1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. (2) The goals and timetables for minority and female participation, expressed in percentage terms for the CONTRACTOR'S aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for Minority Timetable Goals for Female Participation for Participation in Each Trade -8% Each Trade- 8% These goals are applicable to all the CONTRACTOR'S construction work(whether or not it is federal or federally assisted) performed in the covered area. The CONTRACTOR'S compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the CONTRACTOR shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from CONTRACTOR to CONTRACTOR or from project to project for the sole purpose of meeting the CONTRACTOR'S goals shall be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (3) The CONTRACTOR shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of$10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number; estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the geographical area in which the Contract is to be performed. (4) As used in this Notice, and in the Contract resulting from this solicitation, the "covered area" is City of Port Arthur, Jefferson County, Texas. D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246): (1) As used in these Specifications: (a) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United F-32 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 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, Subcontract a portion of the work involving any construction trade, it shall physically include in each Subcontract in excess of$10,000 the provisions of these Specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. (2) 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 F-33 minorities or women shall excuse the CONTRACTOR'S obligations under these Specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (6) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the CONTRACTOR during the training period, and the CONTRACTOR must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The CONTRACTOR shall take specific affirmative actions to ensure equal opportunity. The evaluation of the CONTRACTOR'S compliance with these Specifications shall be based upon its effort to achieve maximum results from its actions. The CONTRACTOR shall document these efforts fully and shall implement affirmative ACTION steps at least as extensive as the following: (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 F-34 meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these Specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. (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. F-35 (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 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 F-36 laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, CONTRACTOR'S shall not be required to maintain separate records. (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. F-37 (4) The CONTRACTOR will include this Section 3 clause in every Subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the Subcontract upon a finding that the Subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The CONTRACTOR will not Subcontract with any Subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any Subcontract unless the Subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (5) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall be subject the applicant or recipient,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 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 the Engineer, his agents or employees arising out of the preparation or approval of maps, F-38 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). I F-39 SECTION G 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 _ ,312<entered into a formal contract with the City of Port Arthur for a 0 a� 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. G-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. G-2 r--- SECTION H 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 2017, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. Provided, that this bond is executed pursuant to Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance therewith. H-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. H-2 SECTION NOTICE OF AWAR NOTICE OF AWARD DATED: TO: ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO.: CONTRACT FOR CONSTRUCTION OF: ******************************************************************************* You are notified that your Bid dated _for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for the: LANDFILL WATER LINE EXTENSION FROM HAZEL AVENUE TO CITY LANDFILL The Contact Price of your contract is Amount( ). Work to be performed under this contract is to be completed within calendar days. 6 copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. 6 sets of Working Documents (Contract Documents, Technical Specifications and Drawings) will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) Calendar days of the date of this Notice of Award, that is by , or by the first working day thereafter. 1. You must deliver to the 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. 1/2 NOTICE OF AWARD Contruction Firm Page 2 Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within fifteen (15) calendar days after you comply with the above conditions, OWNER will return to you two (2) fully signed counterparts of the Agreement with the Contract Documents attached. OWNER: City of Port Arthur, TEXAS BY: TITLE: ACCEPTANCE OF AWARD: CONTRACTOR: BY: TITLE: DATE: 2/2 SECTION J NOTICE TO PROCEED NOTICE TO PROCEED DATED: TO: • ADDRESS: PROJECT OWNER: City of Port Arthur OWNER'S CONTRACT NO. CONTRACT FOR **************************************************************************************************** Work to be performed under this contract is to be completed withini_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 Contact 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. (OwnerlEngineer) BY: (Authorized Signature) (Title) ACCEPTANCE OF NOTICE TO PROCEED: (Contractor) BY: (T ) (Date) SECTION K' INSURANCE.I ----,AccoR U CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 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, _NC h4�Ettfi No): E-MAIL _A/121FSSL INSURER(S)AFFORDING COVERAGE NAIC INSURER A: INSURED INSURER B: INSURER C: INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR A0bLTRUER) CYEFF KOCYEXP (MM/ LTR TYPE OF INSURANCE I INSR AND POUCYNUMBER I DD/YYYY) ;(MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE I$ DAMAGE TO RENTED 1 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence $ CLAIMS-MADE I I OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ • GENERAL AGGREGATE $ GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ POLICY I ) PRO- JECT ; LOC $ . AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT L(Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED 1 SCHEDULE BODILY INJURY(Per accident) $ AUTOS D AUTOS HIRED AUTOS NON-OWNED T9I -AMAGE AUTOS (Per t $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB v� CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION # j l WC STATUS i 1OTH- I AND EMPLOYERS'LIABILITY YIN i Y1 --ER-,----- ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT$ � S I � 4 i � 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 L1 TECHNICAL SPECIFICATIONS 4 4 SECTION M SPECIFICATIONS 10/13/2005 ITEM NO. A2001 —CLEARING AND GRUBBING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Remove and dispose of trees, stumps, brush, roots, logs, vegetation, rubbish, and other objectionable matter from project area. Project area is defined as all easements and that portion of street rights-of-way necessary to allow construction of the facilities proposed in this Contract, including those areas needed for disposal of excess excavated material. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 -PRODUCTS Not required for this Item. PART 3 -EXECUTION 3.01 CONSTRUCTION METHODS A. Clear and grub trees, stumps, brush, roots, logs, vegetation, and rubbish within project area except trees, shrubs, and other landscape features designated to remain, and protect same against damage and trim when necessary. Clear stump holes of refuse and loose earth; backfill and compact to density of surrounding ground. B. On embankment areas, remove stumps, roots, and objectionable materials to a depth of one foot below existing natural ground surface. C. Dispose of all refuse from clearing operation off site. Obtain required permits from various governmental agencies involved. Bury no refuse on Owner's property. On areas other than embankment, remove stumps and roots to depth of two feet below natural ground. D. For pavement construction, strip grasses to a depth 2-inches below existing grade and spoil off site. 3.02 MEASUREMENT AND PAYMENT A. No separate pay for work performed under this Item except as indicated below. Include cost of same in Contract price bid for work of which this is a component part. A2001 - 1/2 10/13/2005 B. Proposal will indicate if clearing and grubbing is a pay item. If so, measure by acre or lump sum as indicated in PROPOSAL. C. Pay for "Clearing and Grubbing" at Contract price bid as measured. Such payment to be full compensation for work as described herein. A2001 - 2/2 8/03/2004 ITEM NO. A2002 - SITE GRADING PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Within the limits indicated, or in areas where existing grade is altered, strip existing topsoil to 6-inch depth and stockpile in approved areas for subsequent replacement. Remove and dispose of all vegetation, roots, and waste material. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 - PRODUCTS 2.01 MATERIALS Fill: Use approved excess excavation or borrow material. Borrow from approved source, excavate, and clean up borrow area. Reuse of material stripped from borrow site is not allowed unless specifically indicated on PLANS. PART 3 -EXECUTION 3.01 GENERAL Maintain surface drainage on site during construction. 3.02 CONSTRUCTION A. Fill Under Structures and Roads: Place dirt fill in 8-inch maximum layers (loose measure) and compact at or near optimum moisture to at least 95 percent AASHTO Standard T-99-74 density. Place fill to subgrade elevation without addition of topsoil. Where fill to subgrade elevation is less than 6 inches, scarify existing ground to a depth of 6 inches and compact as specified herein. B. Site Fill: Place approved fill within 4 inches of finish grade shown on all areas not covered by structures or roads. Fill in 10-inch maximum layers (loose measured) and compact at or near optimum moisture to at least 90 percent AASHTO Standard T-99-74 density, unless otherwise shown on PLANS. A2002 - 1/2 8/03/2004 C. Topsoil: Place topsoil over areas within limits shown on PLANS. After substantial completion of construction, grade site 4 inches lower than finished grade on all unpaved areas. Clear ground surface of all foreign materials, then place 4 inches of topsoil to bring site to smooth finished grade indicated. D. Waste: Waste stripped materials from within limits indicated. Spread waste material over designated area, dress by blading, and slope to provide drainage. E. Final Cleanup: Level washes, ruts, depressions, and mounds to give areas smooth finish. 3.03 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract price bid for work of which this is a component part. A2002 - 2/2 08/03/2004 ITEM NO. A2004— EMBANKMENT PART 1 —GENERAL 1.01 SCOPE OF WORK Placing and compacting approved materials to required lines, grades, and cross- sections as shown on PLANS. PART 2 —PRODUCTS 2.01 GENERAL As called for in other Items of TECHNICAL SPECIFICATIONS or as shown on PLANS. PART 3 —EXECUTION 3.01 CONSTRUCTION METHODS A. Prior to levee construction, the subgrade below the proposed embankment should be stripped of all vegetation, topsoil and other objectionable materials to a minimum depth of 12-inches. All major root systems should be removed and roots larger than one-half inch in diameter should be grubbed. All stumpholes should be backfilled with clay soils and compacted as indicated below. B. Place embankment on properly cleared and prepared areas. Use suitable materials from excavation, borrow, or other designated or approved sources. Use material free from vegetation, roots, and debris. Construct embankments or fills in successive horizontal layers, extending across entire fill area. Fill material to be placed in horizontal layers of depths compatible to material being placed and type of equipment to be used. No layer spread for compaction to exceed 8-inches of compacted thickness. Each layer of fill to be uniform as to material, moisture, and density before compaction. C. Each lift should be placed, bladed to proper elevation, disked to break down large soil clods, moisture-conditioned as necessary and compacted. Use mechanical tamps to obtain required density in inaccessible areas. Unless otherwise specified, the embankment soils should be compacted at or above optimum moisture to a minimum dry density of 95 percent as determined by ASTM D-698. Preferably, a sheepsfoot compactor should be used to insure good inter-lift bonding. The exposed surface of each lift should be scarified about 2-inches prior to placement and compaction of A2004 - 1/2 08/03/2004 subsequent lifts to insure adequate bonding between lifts. Make at least one (1) density test per 500 cubic yards of embankment. 3.02 MEASUREMENT AND PAYMENT A. Unless otherwise indicated, no separate payment for work performed under this Item, including testing. Include cost of same in Contract prices bid for items of which this work is a component. When indicated in PROPOSAL as pay item, measure Embankment by cubic yard volume based on average end areas and actual lengths placed. Measurement to be made from prepared ground elevation to finished top and side slopes. Embankment to be paid for at Contract unit price. Price paid for embankment to be full compensation for all items of work described herein, including testing. A2004 - 2/2 08/03/2004 ITEM NO. A2013 — STRIPPING AND SITE GRADING PART 1 —GENERAL 1.01 DESCRIPTION A. Scope: Furnish necessary equipment and labor to remove vegetation and rubbish and place approved excess roadway excavation in conformity with lines, grades, dimensions, and details shown on PLANS. B. Related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2—PRODUCTS 2.01 MATERIALS A. Fill: Use approved excess excavated material from roadway construction or borrow material. Where necessary to borrow material, borrow from approved source, excavate, and clean up borrow area. Material stripped from borrow site not to be reused unless specifically designated on PLANS. PART 3 —EXECUTION 3.01 GENERAL A. Maintain surface drainage on site during construction. Remove unsatisfactory fill material and waste vegetation from jobsite and dispose. 3.02 CONSTRUCTION A. Fill Under Roadway: Remove muck and spongy materials from road subgrade. Place fill in maximum 8-inch lifts, measured loose, and compact to minimum 95 percent Standard Proctor Density(AASHTO Standard T-99-83). B. Site Fill: Place approved fill material in project area outside of road ROW in accordance with site grading plan. Grade to drain. When fill exceeds 4-inches, place fill in maximum 8-inch lifts, measured loose, and compact to minimum 90 percent Standard Proctor Density(AASHTO Standard T-99-83). C. Waste: Waste vegetation and unsuitable fill material to become property of Contractor and removed from jobsite. A2013 - 1/2 r , 08/03/2004 D. Final Clean-up: Level washes, ruts, depressions, and mounds to give areas smooth finish. 3.03 MEASUREMENT AND PAYMENT A. Stripping and site grading to be measured by lump sum and paid for at Contract price bid for"Stripping and Site Grading". A2013 - 2/2 04/16/2021 ITEM NO. A2229—BACKFILL MATERIALS PART 1 -GENERAL 1.1 SECTION INCLUDES A. Material Classifications B. Utility Backfill Materials 1. Concrete sand. 2. Gem sand. 3. Pea gravel. 4. Crushed stone. 5. Crushed concrete. 6. Bank run sand. 7. Select backfill. 8. Random backfill. C. Material handling and quality control requirements. 1.2 UNIT PRICES A. No payment will be made for backfill material unless specifically listed in the Proposal Form. Include payment in unit price for applicable utility installation. B. Measurement for backfill material, when included as a separate pay item, is on a cubic yard basis for material placed and compacted within theoretical trench width limits and thickness of material according to Drawing details. 1.3 DEFINITION A. Backfill: Suitable material meeting specified quality requirements for the designated application as embedment or trench zone backfill. B. Embedment: Material placed under controlled conditions within the embedment zone extending vertically upward from top of foundation to an elevation 12 inches above A2229 - 1/9 04/16/2021 top of pipe, and including pipe bedding, haunching and initial backfill. C. Trench Zone Backfill: Material meeting specified quality requirements and placed under controlled conditions in the trench zone from top of embedment zone to base course in paved areas or to the surface grading material in unpaved areas. D. Foundation: Either suitable soil of the trench bottom or material placed as backfill of over-excavation for removal and replacement of unsuitable or otherwise unstable soils. E. Source: A source selected by the Contractor for supply of embedment or trench zone backfill material. A selected source may be the project excavation, off-site borrow pits, commercial borrow pits, or sand and aggregate production or manufacturing plants. 1.4 SUBMITTALS A. Conform to requirements of all sections and provisions of these specifications. B. Submit a description of source, material classification and product description, production method, and application of backfill materials. C. Submit test results for samples of off-site backfill materials to comply with Paragraph 3.03, Material Quality Control. D. Identify off-site sources for backfill materials at least 14 days ahead of intended use so that the Owner's Representative may obtain samples for verification testing. E. Before stockpiling materials, submit a copy of temporary easement or approval from landowner for stockpiling backfill material on private property. 1.5 TESTS A. Perform tests of sources for backfill material in accordance with Paragraph 3.03A of this section. B. Verification tests of backfill materials may be performed by the Owner and in accordance with Paragraph 3.03B of this section. C. Random fill obtained from the Project excavation as source is exempt from prequalification requirements by Contractor, but must be inspected for unacceptable materials based on ASTM D 2488. A2229 - 2/9 04/16/2021 PART 2 - PRODUCTS 2.1 MATERIAL CLASSIFICATIONS A. Materials for backfill shall be classified for the purpose of quality control in accordance with the Unified Soil Classification Symbols as defined in ASTM D 2487. Material use and application is defined in utility installation specifications and Drawings either by class, as described in Paragraph 2.01B, or by product descriptions, as given in Paragraph 2.02 of this section. B. Class Designations Based on Laboratory Testing: 1. Class I: Well graded sands and gravels, gravel-sand mixtures, crushed well graded rock, little or no fines (GW, SW) a. Plasticity Index: Nonplastic b. Gradation: D60/Dlo- greater than 4 percent. Amount passing No. 200 Sieve - less than or equal to 5 percent 2 Class II: Poorly graded gravels and sands, silty sands and gravels, little to moderate fines (GM, GP, SP, SM) a. Plasticity Index: Nonplastic to 4 b. Gradation (GP, SP): Amount passing No. 200 Sieve - less than 5 percent c. Gradation(GM, SM): Amount passing No. 200 Sieve -between 12 percent and 50 percent 3. Class III: Clayey gravels and sands,poorly graded mixtures of sand, gravel, and clay(GC, SC) a. Plasticity Index: greater than 7 b. Gradation: Amount passing No. 200 Sieve -between 12 percent and 50 percent. 4. Class IV: Lean clays(CL) a. Plasticity Index: greater than 7 b. Liquid Limit: less than 50 c. Gradation: Amount passing No. 200 Sieve - greater than 50 percent d. Inorganic A2229 - 3/9 04/16/2021 5. Use soils with dual class designation according to ASTM D 2487 according to the more restrictive class. 2.2 PRODUCT DESCRIPTIONS A. Soils classified as silt (ML), silty clay (CL - ML with PI of 4 to 7), elastic silt (MH), organic clay and organic silt (OL, OH), and organic matter(PT) are not acceptable as backfill materials. These soils may be used for site grading and restoration in unimproved areas as approved by Owner's Representative. Soils classified as fat clay (CH) may be used as backfill materials where allowed by the applicable backfill installation specification. B. Provide backfill material that is free of stones greater than 3 inches, free of roots, waste, debris, trash, organic material, unstable material, non-soil matter, hydrocarbon or other contamination, conforming to the following limits for deleterious materials: 1. Clay lumps: Less than 0.5 percent for Class I, and less than 2.0 percent for Class II,when tested in accordance with ASTM C 142. 2 Lightweight pieces: Less than 5 percent when tested in accordance with ASTM C 123. 3. Organic impurities: No color darker than standard color when tested in accordance with ASTM C 40. C. Manufactured materials may be substituted for natural soil or rock products where indicated in the product specification, and approved by Owner's Representative, provided that the physical property criteria are determined to be satisfactory by testing. D. Bank Run Sand: Durable bank run sand classified as SP, SW, or SM by the Unified Soil Classification System(ASTM D 2487)meeting the following requirements. 1. Less than 15 percent passing the number 200 sieve when tested in accordance with ASTM C 136. The amount of clay lumps or balls not exceeding 2 percent. 2 Material passing the number 40 sieve shall meet the following requirements when tested in accordance with ASTM D 4318: a. Liquid limit not exceeding 25. b. Plasticity index not exceeding 7. E. Concrete Sand: Natural sand, manufactured sand, or a combination of natural and manufactured sand conforming to the requirements of ASTM C 33 and graded within the following limits when tested in accordance with ASTM C 136: A2229 -4/9 04/16/2021 Sieve Percent Passing 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 F. Gem Sand: Sand conforming to the requirements of ASTM C 33 for course aggregates specified for number 8 size and graded within the following limits when tested in accordance with ASTM C 136: Sieve Percent Passing 3/8" 95 to 100 No. 4 60 to 80 No.8 15 to 40 G. Pea Gravel: Durable particles composed of small, smooth, rounded stones or pebbles and graded within the following limits when tested in accordance with ASTM C 136: Sieve Percent Passing 2" 100 3/8" 85 to 100 No.4 10 to 30 No. 8 0 to 10 NO. 16 O to 5 H. Crushed Aggregates: All crushed aggregates consist of durable particles obtained from an approved source and meeting the following requirements: A2229 - 5/9 04/16/2021 1. All materials of one product delivered for the same construction activity from a single source. 2 Non-plastic fines. 3. Los Angeles abrasion test wear not exceeding 40 percent when tested in accordance with ASTM C 131. 4 Gradations, as determined in accordance with TEX-110-E. Percent Passing by Weight for Pipe Embedment Sieve By Ranges of Nominal Pipes Sizes >15" 15" —8" <8" 1" 95-100 100 - 3/4" 60-90 90-100 100 1/2" 25—60 - 90— 100 3/8" - 20—55 40—70 No. 4 0-5 0-10 0 - 15 No. 8 - 0-5 0-5 5. Crushed stone: Produced from oversize quarried aggregate, sized by crushing from a naturally occurring single source. Crushed gravel or uncrushed gravel are not acceptable materials for utility embedment. 6. Crushed Concrete: Crushed concrete is an acceptable substitute for crushed stone as utility backfill. Gradation and quality control test requirements are the same as crushed stone. Provide crushed concrete produced from normal weight concrete of uniform quality; containing particles of aggregate and cement material, free from other substances such as asphalt, base course material, reinforcing steel fragments, soil, debris, or deteriorated concrete fragments. Select Backfill: Class III clayey gravel or sand or Class IV lean clay with a plasticity index between 7 and 20 or clayey soils treated with lime. J. Random Backfill: Any suitable soil or mixture of soils within Classes I, II, III and IV; or fat clay (CH) where allowed by the applicable backfill installation A2229 - 6/9 04/16/2021 specification. Refer to Item No. A2003 — Structural Excavation and Backfill for Structures. K. Cement Stabilized Sand: Conform to requirements of Item No. J3006 - Cement Stabilized Sand. L. Concrete Backfill: Conform to Class B concrete as specified in Item No. B 1001 - Concrete. PART 3 -EXECUTION 3.1 SOURCES A. Use of material encountered in the trench excavations is acceptable, provided applicable specification requirements are satisfied. If excavation material is not acceptable, provide from other source. B. Obtain approval for each material source by the Owner's Representative before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. All materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements of the specifications will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Owner's Representative, expense for sampling and testing required to change to a different material will be credited to the Owner through a change order. C. Bank run sand, select backfill, and random backfill, if available in the Project excavation, may be obtained by selective excavation and acceptance testing. Obtain additional quantities of these materials and other materials required to complete the work from off-site sources. D. The Owner does not represent or guarantee that any soil found in the excavation work will be suitable and acceptable as backfill material. 3.2 MATERIAL HANDLING A. When backfill material is obtained from either a commercial or non-commercial borrow pit, have that pit opened to expose the vertical faces of the various strata of acceptable material to be used. Excavate the material by vertical cuts extending through the exposed strata to achieve uniformity in the product. B. Establish temporary stockpile locations for practical material handling and control, and verification testing by the Owner's Representative in advance of final placement. Obtain approval from landowner for storage of backfill material on adjacent private property. A2229 - 7/9 04/16/2021 C. When stockpiling backfill material near the Project site, use appropriate covers to eliminate blowing of materials into adjacent areas and prevent runoff containing sediments from entering the drainage system. D. Place stockpiles in layers to avoid segregation of processed materials. Load material by making successive vertical cuts through entire depth of stockpile. 3.3 MATERIAL QUALITY CONTROL A. Ensure that material selected, produced and delivered to the Project meets applicable specifications and is of sufficient uniform properties to allow practical construction and quality control. Responsibilities include: 1. Source or Supplier Qualification. Perform testing, or obtain representative tests by suppliers, for selection of material sources and products. Provide test results for a minimum of three samples for each source and material type. Test samples of processed materials from current production representing material to be delivered. Tests shall verify that the materials meet specification requirements. Repeat qualification test procedures each time the source characteristic changes or there is a planned change in source location or supplier. Qualification tests shall include, as applicable: a. Gradation. Complete sieve analyses shall be reported regardless of the specified control sieves. The range of sieves shall be from the largest particle through the No. 200 sieve. b. Plasticity c. Los Angeles abrasion d. Clay lumps e. Light weight pieces f. Organic impurities 2. Production Testing. Establish a program to provide assurance that backfill materials delivered from the sources and placed in the Work meet applicable specification requirements. Report results to the Owner's Representative. 3. Assist the Owner's Representative in obtaining material samples for verification testing at the source or at the production plant. 4. Notify the Owner's Representative in the field when non-conforming material is detected. A2229 - 8/9 04/16/2021 B. Quality Control 1. The Owner's Representative may sample and test backfill at: a. Sources including borrow pits,production plants and Contractor's designated off-site stockpiles. b. On-site stockpiles. c. Materials placed in the Work. 2. The may Owner's Representative resample material at any stage of work or location if changes in characteristics are apparent. 3. The Owner's Representative will notify Contractor at the Project site about non-conforming materials and will, as appropriate, resample materials to verify results. C. Tolerances The following tolerances apply to production quality control testing. 1. Embedment Material and Select Backfill: The Owner's Representative may accept material provided that not more than one out of the most recent five consecutive tests is out of the specification limits for: a. Gradation: Not more than 5 percentage points on any individual sieve. b. Plasticity: Not more than 2 percentage points. 2. Trench Zone Backfill Material: Except for select and random backfill, the Owner's Representative may accept the material provided that not more than one out of the most recent three consecutive tests is out of the specification limits for: a. Gradation: Not more than 8 percentage points on any individual sieve. b. Plasticity: Not more than 5 percentage points. 3. Select and Random Backfill: No quantified tolerances. Remove non- conforming material identifiable by visual-manual procedure. END OF SECTION A2229 - 9/9 Std. 08,03/2004 ITEM NO. H2001 - JOINTING CAST IRON AND DUCTILE IRON PIPING PART 1 -GENERAL 1.01 DESCRIPTION A. Scope: Covers procedures for making up joints for piping systems. 1. PLANS show types of joints required. 2. Other related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. PART 2 -PRODUCTS 2.01 MATERIALS As specified in Item No. H1001 - "Ductile Iron Pipe and Cast Iron and Ductile Iron Fittings." PART 3 - EXECUTION 3.01 INSTALLATION A. Bell and Spigot Boltless Gasketed Joints 1. Preparation of Pipe Ends: Removal from bell and spigot ends all lumps, blisters, excess coal-tar coating, oil and grease, then wire brush and wipe clean and dry before laying pipe. 2. Installation of Ring Gasket: Wipe gasket seat in socket with clean dry cloth. Place gasket with large end entering first. Spring gasket into seat in bell so that groove fits overhead in seat. Apply thin film of lubricant to inside surface of gasket. 3. Setting Spigot: Align spigot with bell and start into bell so that it contacts gasket. Apply lubricant to engaging surface of spigot if necessary. Pipe 6 inches and smaller may be driven with a bar lever on end of pipe. For larger pipe, use only approved ratchet-type jacking tool to pull pipe "home". B. Mechanical 1. Wash socket and plain end with soapy water, then slip gland and gasket over plain end. Face small side of gasket and lip of gland to bell. 2. Point gasket with soapy water. 3. Push gasket into position,being sure it is evenly seated in socket. 4. Slide gland into position, insert bolts, and run nuts up finger tight. 5. Tighten bolts to uniform tightness with ratchet wrench. First tighten bottom bolt, then top, and on around in sequence of 180 degrees apart. C. Flanged 1. Threading and Tightening Flanges: As specified Item No. H 1001 - "Ductile Iron Pipe and Cast Iron and Ductile Iron Fittings." H2001 - 1/2 2. Setting Gasket: If non-graphite gaskets are used, apply graphite and water solution to gasket before placing on flange. Wire-brush flange and clean inside of pipe before placing gasket. 3. Tightening Bolts: After initial alignment, place flange bolts with all heads in same direction. Tighten flange bolts, each in turn, at uniform rate around joint until all are tight. 3.02 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract price bid for work of which this is a component part. H2001 - 2/2 Std. 10/13/2005 ITEM NO. J1003 -POLYVINYL CHLORIDE(PVC)WATERLINE PIPE(4"-12") PART 1 GENERAL 1.01 DESCRIPTION A. Scope of Work: Furnish Polyvinyl Chloride(PVC)Pressure Pipe of size(s)shown on PLANS for use in water supply and distribution systems. B. Related Work Specified Elsewhere: Item J2001 "Construction of Underground Lines." 1.02 QUALITY ASSURANCE Tests: Waterline shall be tested in accordance with Item J2003 - "Hydrostatic Testing of Pressure Lines." PART 2-PRODUCTS 2.01 MATERIALS A. Pipe: Pipe shall be made of PVC plastic meeting the requirements AWWA C-900, "Standard for Polyvinyl Chloride (PVC) Pressure Pipe, 4 in. through 12 in. for Water". All pipe and related products shall conform to American National Standards Institute / National Sanitation Foundation (ANSUNSF) Standard 61 and must be certified by an organization accredited by ANSI. All Pipe shall bear the National Sanitation Foundation Seal of Approval. 1. 4-inch through 6-inch pipe shall be Class 200. 2. 8-inch through 12-inch pipe shall be Class 150. I B. Lubricant: Lubricant used for assembly to have no detrimental effect on gasket or pipe and to be used in accordance with pipe manufacturer's recommendations. PART 3 -EXECUTION 3.01 INSTALLATION A. Trenching and Backfill: To be in accordance with Item J2001 "Construction of Underground Lines." B. Joining: Use elastic gasket joints, providing a watertight seal. Assembly of joints to be per manufacturer's recommendation. 3.02 MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with Item J2001 "Construction of Underground Lines." J1003 - 1/1 Std. 08/03/2004 ITEM NO. J1003A- POLYVINYL CHLORIDE (PVC) WATER TRANSMISSION PIPE (14" - 24") PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Furnish Polyvinyl Chloride (PVC) Pressure Pipe of size(s) shown on PLANS for use in water supply and distribution systems. B. Related Work Specified Elsewhere: Item J2001 - "Construction of Underground Lines." 1.02 QUALITY ASSURANCE A. The manufacturer shall pressure test all pipe, including the joint, that is marked with the designation number of AWWA C905-88 at 73.4 Deg. F. +/- 3.6 Deg. F. (23 Deg. C. +/- 2 Deg. C.). Each length of pipe shall be proof tested at twice the pressure rating listed in Table 3 Transmission-Pipe Pressure Rating of AWWA C905-88 Sec. 4.6 Pressure Strength and Hydrostatic Proof Testing. B. Field Tests: Waterline shall be tested in accordance with Item J2003 - "Hydrostatic Testing of Pressure Lines." C. Related Documents 1. AWWA C905-88; Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. Through 36 In. 2. ASTM D1784; Standard Specification for Rigid Polyvinyl Chloride (PVC) Compounds and Chlorinated Polyvinyl Chloride (CPVC) Compounds. 3. ASTM D2122; Standard Method of Determining Dimensions of Thermoplastic Pipe and Fittings. 4. ASTM D3139; Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals. 5. ASTM F477; Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. PART 2—PRODUCTS J1003A - 1/3 Std. 08/03/2004 2.01 MATERIALS A. This product specification covers 14-inch (356 mm) nominal diameter through 24 inch (610 mm) nominal diameter polyvinyl chloride (PVC) potable water transmission pipe with integral bell and spigot joints. The pipe shall be extruded from Class 12454-A or 12454-B PVC compound as defined in ASTM D-1784 and provide for a hydrostatic design basis (HDB) of 4,000 psi (27.58 MPa). The pipe outside diameters shall conform to dimensions of cast iron pipe (CI). All pipe furnished shall be in conformance with American Water Works Association (AWWA) Standard C905-88, or latest revision thereof. B. Pipe shall be homogenous throughout. It shall be free from voids, cracks, inclusions, and other defects. It shall be as uniform as commercially practical in color, density, and other physical properties. Pipe surfaces shall be free from nicks and scratches. Joining surfaces of spigots and joints shall be free from gouges and imperfections that could cause leakage. C. Except as noted on the plans or procurement specifications for specific jobs, all C905 PVC pipe shall have a pressure rating of 235 PSI and a dimension ratio of 18 or have the highest pressure rating available for each size of pipe. D. Dimensions and tolerances for each nominal pipe size shall be in accordance with Table 2 Dimensions for PVC Transmission Pipe with CI Outside Diameter of Section 3 Pipe Requirements in AWWA C905-88. All pipe shall be suitable for use as a pressure conduit. E. Pipe shall be furnished in standard laying lengths of 20 feet plus or minus 1 inch (6.1 m+/- 25 mm) unless otherwise noted. Each pipe shall have an integral bell formed on the pipe end, and be designed to be at least as strong as the pipe wall. F. An elastomeric gasket shall be designed with a retainer ring which locks the gasket into integral bell groove and shall be installed at the point of manufacture. The dimensions and design of the gasket joint provided for the PVC transmission pipe shall meet requirements provided in ASTM D3139 and ASTM D2122. The gasket shall be reinforced with a steel band and shall conform to ASTM F477. G. Each length of pipe furnished shall bear identification markings that will remain legible after normal handling, storage, and installation. Markings shall be applied in a manner that will not weaken or damage the pipe. Markings shall be applied at intervals of not more than 5 ft. (1.5 m) on the pipe. The minimum required markings are given in the list below. Marking requirements shall be in conformance with Section 4.7 Marking Requirements of AWWA C 905-88. 1. Nominal size and OD base (for example, 24 CI) J1003A - 2/3 Std. 08/03/2004 2. PVC 3. Dimension Ratio (for example, DR 25) 4. AWWA pressure rating(for example, PR 165) 5. AWWA designation number for this standard(AWWA C905) 6. Manufacturer's name or trademark. 7. Manufacturer's production code, including day, month, year, shift, plant, and extruder of manufacture. H. Pipe shall be bundled in pallets for ease of handling and storage. Pipe bundles (units) shall be packaged to provide structural support to insure that the weight of upper units shall not cause deformation to pipe in lower units. No pipe bundles shall be accepted which show evidence of ultraviolet radiation "sunburn" on exposed pipe as may be caused from extended unprotected storage conditions. I. The manufacturer shall take adequate measures during pipe production to assure compliance with AWWA C905-88 by performing quality-control tests and maintaining results of those tests as outlined in Section 4: Inspection and Testing of that standard. Submission of shall constitute certification of compliance with AWWA C905-88 Section 4: Inspection and Testing. PART 3 - EXECUTION 3.01 INSTALLATION A. Trenching and Backfill: To be in accordance with Item J2001 - "Construction of Underground Lines." B. Joining: Use elastic gasket joints, providing a watertight seal. Assembly of joints to be per manufacturer's recommendation. 3.02 MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with Item J2001 "Construction of Underground Lines." J1003A- 3/3 08/03/2004 ITEM NO. J1005 - HIGH DENSITY POLYETHYLENE (HDPE) PIPE PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Furnish and install high-density polyethylene pipe and fittings of size(s) shown on plans for use in potable waterline construction. B. Related Work Specified Elsewhere: Item J2001 - "Construction of Underground Lines." 1.02 QUALITY ASSURANCE TESTS: Waterlines shall be tested in accordance with item J2003 - "Hydrostatic Testing of Pressure Lines." PART 2—PRODUCTS 2.01 MATERIALS A. Materials used for the manufacture of HDPE pipe and fittings shall be extra high molecular weight, high density PE 3408 polyethylene resin: The material shall be listed by PPI (Plastics Pipe Institute, a division of the Society of the Plastics Industry) in PPI TR-4 with a 73 degree F hydrostatic design basis of 800 psi. The PPI listing shall be in the name of the pipe manufacturer and shall be based on ASTM D 2837 testing. B. Pipe: Pipe supplied under this specification shall have a nominal DIPS (Ductile Iron Pipe Size) OD unless otherwise specified. The DR (Dimension Ratio) and the pressure rating of the pipe supplied shall be as specified by the engineer. The pipe shall be produced from approved HDPE pipe grade resin with the nominal physical properties outlined in Section III. Pipe having a diameter 3" and larger will be made to the dimensions and tolerances specified in ASTM F 714. C. Fittings: HDPE fittings shall be in acdor4dance with ASTM D 3261 and shall be manufactured by injection molding, a combination of extrusion and machining, or fabrication from HDPE pipe conforming to this specification. The fittings shall be fully pressure rated and provide a working pressure equal to that of the pipe with an included 2:1 safety factor. The fittings shall be manufactured from the same base resin type and cell classification as the pipe itself. The fittings shall be homogeneous J1005 - 1/3 08/03/2004 throughout and free from cracks, holes, foreign inclusions, voids, or other injurious defects. PART 3 -EXECUTION 3.01 INSTALLATION A. Trenching and Backfill: To be in accordance with Item J2001 - "Construction of Underground Lines." B. Jointing: Sections of polyethylene pipe shall be joined by the butt fusion process into continuous lengths at the job site. The joining method shall be the heat fusion method and shall be performed in strict accordance with the pipe manufacturer's recommendations. The heat fusion equipment used in the joining procedures should be capable of meeting all conditions recommended by the pipe manufacturer. Properly executed electrofusion fittings may be used. Extrusion welding or hot gas welding of HDPE shall not be used for pressure pipe applications or fabrications where shear or structural strength is important. Mechanical joint adapters, flanges, unions, grooved-couplers, transition fittings, and some mechanical couplings may be used to mechanically connect HDPE pipe. Refer to the manufacturer's recommendations. C. Pipe Packaging, Handling and Storage: The manufacturer shall package the pipe in a manner designed to deliver the pipe to the project neatly, intact, and without physical damage. The transportation carrier shall use appropriate methods and intermittent checks to insure the pipe is properly supported, stacked, and restrained during transport such that the pipe is not nicked, gouged, or physically damaged. Pipe shall be stored on clean, level ground to prevent undue scratching or gouging. If the pipe must be stacked for storage, such stacking shall be done in accordance with the pipe manufacturer's recommendations. The pipe shall be handled in such a manner that it is not pulled over sharp objects or cut by chokers or lifting equipment. Sections of pipe having been discovered with cuts or gouges in excess of 10% of the pipe wall thickness shall be cut out and removed. The undamaged portions of the pipe shall be rejoined using the heat fusion joining method. Fused segments of pipe shall be handled so as to avoid damage to the pipe. Chains or cable type chokers must be avoided when lifting fused sections of pipe. Nylon slings are preferred. Spreader bars are recommended when lifting long fused sections. J1005 - 2/3 08/03/2004 3.02 MEASUREMENT AND PAYMENT Measurement and payment to be made in accordance with Item J2001 - "Construction of Underground Lines." J1005 - 3/3 10/13/2005 ITEM NO. J2001 - CONSTRUCTION OF UNDERGROUND LINES PART 1 - GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish all plant, labor, equipment, supplies, supervision and tools, and perform all operations required for construction of underground lines. B. Related Work Specified Elsewhere: Item J2002 "Well Point System", Item J2003 "Hydrostatic Testing of pressure Lines", Item J3003 "Timber Ordered Left in Trench", Item J3006 "Cement-Stabilized Sand Backfill, Item J3024 "Bank Sand Backfill", and Item J3045 "Trench Excavation and Shoring Safety Plan." 1.02 QUALITY ASSURANCE A. Field Observation: Pipe installed in the permanent work to be placed in the presence of Engineer or his authorized representative. B. Testing of Gravity Sanitary Sewer Line: Leak tests of gravity sewer lines to be per Item J2005 "Low Pressure Air Test-Sanitary Sewer Lines." C. Testing of Pressure Lines: To be tested per Item J2003, "Hydrostatic Testing of Pressures Lines." 1.03 METHODS OF CONSTRUCTION A. Control of Work: Contractor shall be responsible for the control of his work. Engineer reserves the right to verify this control. Contractor may use laser equipment for control. B. For Lines Laid on Grade: Lay and maintain pipe to required lines and grades with specials at required locations, and with joints centered and spigots "home." Lay all lines on grade from downstream to upstream or as directed by Engineer. C. For Lines not Laid to Grade: Lay and maintain pipe and fittings to alignment shown on PLANS. Minimum cover(measured from top of pipe) at street intersection, 5 feet; minimum cover below flow line of drainage ditches, 1 foot 6 inches; minimum cover at other locations, 3 feet 6 inches. Vary depth uniformly to maintain required clearances and depths shown on PLANS. J2001 - 1/7 10/13/2005 PART 2 -EXECUTION 2.01 EXCAVATION AND TRENCH PREPARATION A. General: Excavate trench to alignment and depth required. Brace trench and drain as required so work may be accomplished safely and efficiently. All excavations shall be in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." B. Width of Trench for Pipe Less than 30-inch: Minimum width of outside barrel of pipe plus 12 inches, maximum width of outside barrel of pipe plus 18 inches. For pipes 30- inch and larger, minimum width of outside barrel of pipe plus 24 inches. Excavate and maintain sides of trench vertical for 2 feet above pipe. Above this level, trench may be gently sloped back. Protect existing pavements or utilities as necessary. C. Pipe Foundation: For ordinary bedding, excavate pipe trench to even grade and shape to closely fit lower part of pipe exterior for width of at least 50 percent of pipe breadth to provide uniform bearing for entire length of pipe and provide depressions for bell ends of each pipe. Excavate to grade required for shell, aggregate, or other special bedding. D. Correcting Faulty Grade: Correct any portion of trench excavated below grade with approved material. E. Bell Holes: Provide bell holes of ample dimensions to permit proper jointing. F. Braced and Sheeted Trenches: Sheet and brace all excavations in excess of 5 feet depth to prevent caving. Increase trench width as required and leave sheeting in place until pipe has been laid and backfill compacted to depth of 2 feet over pipe. Sheet and brace in accordance with Item J3045 "Trench Excavation and Shoring Safety Plan." G. Care of Surface Material for Reuse: Keep surface material approved for reuse separate from general excavation material. H. Manner Stockpiling Excavated Material: Stockpile excavated material so as not to endanger work or cause interference with public street and driveways. Keep drainage channel clear or provide other satisfactory means of drainage. I. Open Trench: Engineer may limit amount of trench opened or partially open at any time in advance of completed pipe laying operation, and amount of trench left unfilled. Open not more than 100 feet of trench on any street at one time. Keep streets open where possible. J. Disposition of Defective Materials: Remove rejected backfill materials from excavation operations and dispose of off job site at Contractor's expense. J2001 - 2/7 10/13/2005 K. When requested by Contractor and approved by the Engineer to dewater sewer trench because of groundwater conditions, install, operate, and maintain adequate well point systems in accordance with Item J2002 "Well Point Systems." 2.02 PIPE HANDLING A. Handling and Storage: Unload pipe, fittings, and other accessories at point of delivery: haul to and distribute at site of project. Load and unload materials by use of hoists, skids, or other approved means to avoid damage. Distribute for convenient laying and to cause minimum inconvenience to public. B. Inspection: Before lowering and while suspended, inspect pipe for defects. Inspect rigid pipe tapping with light hammer to detect cracks. C. Pipe Kept Clean: Remove foreign matter from pipe and keep clean by approved means during and after laying. 2.03 PIPE LAYING A. Unsuitable Conditions for Laying Pipe: Lay no pipe in water or when trench condition or weather is unsuitable for such work unless specifically approved by Engineer. B. Nonpressure Concrete and Vitrified Clay Pipe: Nonpressure concrete and vitrified clay pipe shall be installed with Class "A" beddings shown in this item. Lay pipe with ends abutting and true to line and grade. Fit and lay pipe to form smooth and uniform invert. Clean sockets prior to lowering into trench. Commence laying of pipe at lowest point so that spigot ends point in direction of flow. C. Ductile Iron Pipe: Lay ductile iron pipe using either "Ordinary" bedding Class "A" bedding where specified on PLANS and described in this item, with bell ends facing direction of laying. D. PVC and ABS Piping: 1. Sanitary Sewer Construction - PVC and ABS pipe shall be installed using Class "C"Bedding as shown in this item. 2. Waterline Construction - PVC pipe shall be installed using Class `B" Bedding as shown in this item. E. Other Pipe: Lay other types of pipe in accordance with applicable provisions of this or other TECHNICAL SPECIFICATIONS. F. Cutting Pipe: Cut cast or ductile iron pipe with wheel-type cutters or cold chisel. Flame cutting of cast iron pipe not allowed. Make cuts in a neat and workmanlike J2001 - 3/7 10/13/2005 manner without damage to pipe and so as to leave a smooth end at right angles to axis of pipe. Field cutting of PVC and A.B.S. type resin pipe to be per pipe manufacturer's recommendations. G. Temporary Plug: When pipe laying operation is halted, seal open end of pipe with temporary plug. Plug to remain in place until pipe laying operation commences again. 2.04 PLUGGING DEAD ENDS Insert standard plug into bells of all dead ends of pipe. 2.05 CONCRETE BLOCKING Thrust blocking to be used for pressure pipelines at bends, tees, points where reducers or changes in pipe diameter occurs, fire hydrants or flushing valves, and all plugged openings. Use Class "C" concrete having compressive strength not less than 1,500 pounds per square inch. Place blocking against solid ground, with area of bearing of pipe and on ground in each instance as required. Place blocking so that pipe and fitting joints will be accessible for repair. For gravity pipelines, use Class "C" concrete minimum of 6 inches on all sides of pipe for encasing, embedding, or blocking where indicated. Use all materials, including aggregate, cement, and water, and mix and place concrete in accordance with applicable concrete item. 2.06 BACKFILLING A. Time of Backfilling: As soon as practicable after completion of laying and jointing pipe, backfill trench. Trench to be completely backfilled to a point not more than 100 feet behind pipe laying operation. B. Materials: Trenches to be backfilled with select material from the sewer trench excavation, or obtained from other sources, free from stones which will interfere with compaction and free of large lumps which will not break down readily under compaction. Do not use material excavated in large lumps or which cannot be easily broken down or which cannot be spread in loose layers. Materials excavated by trenching machine will generally be suitable for use as backfill. 1. Bank sand backfill, where designated on PLANS, to be in accordance with Item J3024"Bank Sand Backfill." 2. Cement-stabilized sand, where designated on PLANS, to be in accordance with Item J3006 "Cement-Stabilized Sand Backfill." C. Backfill Procedure at Pipe Zone: In pipe zone, when designated on PLANS, use bank sand, cement stabilized sand or select backfill material, free from rocks and rock fragments, and deposit in trench simultaneously on both sides of pipe for full width of J2001 - 4/7 10/13/2005 trench and to elevation of 12 inches above the top of barrel of pipe. Moisten if necessary, tamp in thin (approximately 4-inch) layers, and thoroughly compact under and on each side of pipe to provide solid backing against external surface of pipe. Walking or working on completed pipeline, except as necessary in tamping or backfilling, not permitted until trench has been backfilled at least 12 inches over top of pipe. Backfill to be compacted to 95 percent in accordance with ASTM D698. Approximate optimum moisture content to be maintained during compaction. D. Backfill Procedure Above Pipe Zone: Place backfill above previously defined pipe zone in accordance with following applicable procedure. 1. For trench through or within 5 feet of existing, proposed or future asphaltic concrete, concrete, asphalt-topped concrete, flexible base with asphalt topping, shell or gravel surfaces either public or private roads, streets or driveways, place cement-stabilized sand backfill above pipe zone in approximate 12 inch layers. Thoroughly compact each 12" layer with a vibratory compactor or roller prior to placing additional layers of cement stabilized said. Bring compacted backfill up to bottom of pavement subgrade 2. For trench located in areas other than those previously stated, and not designated for improvement, place select backfill above pipe zone in 6 to 8 inch layers at near or optimum moisture and thoroughly compact to a density of 90 percent of the maximum in accordance with ASTM D698. E. Rock and Rock Fragment Exclusion: Allow no rock or rock fragment in backfill for at least one foot above top of pipe and allow no stone larger than 8 inches in its greatest dimension in backfill. F. Deficiency of Backfill: Supply any deficiency in quantity of materials for backfilling trenches or for filling depressions caused by settlement. 2.07 RESTORATION OF SURFACES Replace or repair sidewalks, driveway culverts, inlets, curbing, gutters, shrubbery, trees, fences, sod, and other like obstructions removed or disturbed, to condition equivalent to that existing prior to commencement of this work. Use concrete having compressive strength in 28 days of not less than 3,000 pounds per square inch in the replacement of curbing, gutters, inlets, and sidewalk. Use reasonable care in removal and replacement of shrubbery and trees designated to be replaced at original locations. Where at all possible, ditch alignment will be such as to minimize this work. Where tree or shrub deemed sufficiently valuable to save is encountered in excavation, ball in burlap, set aside in wet sand or puddling pit and later reset as required. Contractor not held responsible for subsequent care of plant. Restoration of asphalt-topped flexible base and concrete streets as specified under other items of TECHNICAL SPECIFICATIONS or PLANS. J2001 - 5/7 10/13/2005 2.08 CLEAN-UP Remove from site of work, and from public and private property, temporary structures, rubbish, and waste materials, including excess excavated materials. Dispose of surplus earth as shown on PLANS. Complete cleanup not greater than 500 feet behind pipe laying operation. Pipe-laying operation to be suspended temporarily if complete clean up is further behind than 500 feet. 2.09 MEASUREMENT AND PAYMENT A. For Gravity Pipelines: Measure by linear foot from center of manhole to center of manhole to center of manhole, exclusive of pipe installed in tunnel or augered hole construction, special structures, or other special sections, along pipe of size and at depth installed. Measure depth at manholes, at intervals not to exceed 50 feet between manholes, and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center or pipe. Pay for gravity pipelines, furnished, installed, and measured as stated, at Contract unit prices bid for size and depth measured. B. For Pressure Pipelines: Measure by linear foot from center line of fitting to center line of fitting, exclusive of pipe installed in tunnel construction, special structures, or other special sections, along pipe of size and type installed. If depth of cut is shown on PROPOSAL, measure depth at intervals not to exceed 50 feet and at breaks in profile of natural ground from flow line of pipe to natural ground surface over center of pipe. If depth of cut is not shown on PROPOSAL, no consideration made for depth at which pipe is installed. Pay for pressure pipelines, furnished, installed and measured as stated, at Contract unit prices bid for size and type (and depth, if shown of PROPOSAL)measured. C. Concrete Blocking: No separate payment for concrete used for blocking, backing, encasement, or embedding. D. Rock Excavation: No separate payment for rock excavation when rock is encountered in trenching operation. E. Concrete Curbs, Gutters, and Sidewalks: Measured concrete used in repairing curbs, gutters, and sidewalks by cubic yard in place. Pay for concrete used in repairing curbs, gutters, and sidewalks, measured as stated in Contract unit prices bid for "Extra Concrete" of class installed. F. Street and Driveway Surfacing: As per applicable Item of TECHNICAL SPECIFICATIONS or PLANS. J2001 - 6/7 10/13/2005 G. Restoration of Other Surfaces: No compensation for restoration of surfaces, other than those specifically shown above. H. Bedding and Backfill: No separate payment for bedding and backfill called for under Paragraph 2.06. I. Cement-Stabilized Sand and Bank Sand Backfill: No separate payment for Cement- stabilized Sand and Bank Sand Backfill called for under Paragraph 2.06. 41 J2001 - 7/7 Std. 10/13/2005 ITEM NO. J2002 - WELL POINT SYSTEM PART 1 -GENERAL 1.01 DESCRIPTION A. Scope: Furnish, install, operate and maintain well point system to control groundwater in excavations when requested by Contractor and approved by Engineer. B. Related Work Specified Elsewhere: Per Item A2003 "Structural Excavation and Backfill"or Item J2001 "Construction of Underground Lines." PART 2 - PRODUCTS Not required for this Item. PART 3 - EXECUTION 3.01 CONSTRUCTION METHODS. A. Install well point system parallel to trench line. B. Operate well point system in advance of and during excavation. Continue operation until backfilling is completed. C. Discharge pumped water into storm sewer system or drainage swale away from excavation. D. Upon removal of well point system, backfill holes with select backfill or sand. 3.02 MEASUREMENT AND PAYMENT A. Measurement: "Well Point System" per linear foot parallel to trench line, regardless of whether one or more well point system(s) are used. B. Payment: Pay for"Well Point System"measured as stated above, at Contract unit price bid. C. No payment for"Well Point System"which does not successfully dewater trench. No separate payment for dewatering trench due to rainfall during construction. J2002 - 1/1 10/13/2005 ITEM-NO. J2003 - HYDROSTATIC TESTING OF PRESSURE LINES PART 1 GENERAL 1.01 DESCRIPTION A. Extent of Work: Furnish and perform all operations in connection with hydrostatic testing of pressure lines. B. Time of Testing: After pipe has been laid and backfilled, except prior to replacement of pavement, newly laid pipe to be subjected to hydrostatic testing described herein. PART 2 PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS A. Test Pressure: Any Section being tested, apply pressure such that, at highest point in section, pressure to be 125 pounds per square inch or pressure specified by Special Provision to Item. B. Permissible Leakage: Leakage not to exceed that determined from the following formula: ND-VP L= 7400 Where L=Allowable leakage in gallons per hour. N=Number of rubber gasket joints or rubber seat valves. D =Nominal diameter of pipe valve, in inches. P=Test pressure during leakage test in pounds per square inch. C. Leakage Defined: Leakage is quantity of water supplied into newly laid pipe, or any valved section thereto, necessary to maintain specified leakage test pressure after pipe has been filled with water and air expelled and the specified test pressure has been applied. J2003 - 1/2 10/13/2005 D. Duration of Pressure Test: Exposed joints to be tested for not less than 2 hours with no allowable leakage. Covered joints to be tested for a minimum of 6 hours. If leakage at the end of the 6-hour period exceeds the allowable by less than 18 additional hours. PART 3 EXECUTION 3.01 TESTING A. Procedure: Fill each valved section of pipe slowly with water and apply specified test pressure, measured at point of highest elevation, by means of pump connected to pipe. Furnish pump, pipe connections, and necessary apparatus, gauge and, meters. Furnish necessary labor and assistance for conducting test, all subject to approval by Engineer. B. Expelling Air Before Test: Before applying specified test pressure, expel air form pipe. To accomplish, make taps in pipe, if necessary, at points of highest elevation. On completion of tests, taps to be tightly plugged with brass fittings. C Examining Under Pressure: At intervals during test, inspect route of pipe to disclose leakage greater than that specified; located and repair defective joints or defective pipe until test proves that leakage is within specified allowance. 3.02 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract prices for items of which this work is a component. J2003 - 2/2 10/13/2005 ITEM NO. J3009 -DISINFECTION OF WATERLINE PART 1 -GENERAL 1.01 SCOPE Disinfection: Disinfection of new waterlines on initial fill of pipe, including connections to existing sections of work where required. 1.02 QUALITY ASSURANCE A. Standard Specifications: AWWA C-651 shall be utilized for the controlling specifications for disinfections of the water system. B. Bacterial Analysis 1. The City having jurisdictional authority shall be given the opportunity to have a representative present when the samples are taken for bacteriological analysis. Twenty-four hours notice shall be given to the City's Water and Sewer Department prior to taking samples. 2. Following disinfections and flushing, make bacteriological analysis to check effectiveness of disinfections. Methods of bacteriological analysis are as specified in the Standard Methods for Examination of Water and Wastewater by the American Public Health Association latest edition. No main placed in service or accepted until water samples approved by Texas or accepted until water samples approved by Texas Department of Health. The owner shall have a representative present when the samples are taken for bacteriological analysis. Twenty-four hours notice shall be given to the Owner prior to taking samples. PART 2 - PRODUCTS Chlorination agents to be chlorine gas-water mixture or calcium hypo chlorite in water per AWWA C651. J3009 - 1/2 Std. 11/18/03 PART 3 - EXECUTION 3.01 APPLICATION A. General: Furnish pump, pipe connections, and necessary apparatus, gauges, and meters. Furnish necessary labor, assistance, and chlorinating agent for disinfection. B. Application Procedure: Apply chlorinating agent in water through suitable solution feed device. Place solution feed device at or near beginning point from which line is being filled. Inject through corporation cock tapped in horizontal axis pf newly laid pipe. Slowly fill section to be sterilized, and proportion rate of application of chlorinating agent to rate of water entering lien so that chlorine dose applied to water is at least 50 mg/1. Retain chlorine treated water in line until completion of hydrostatic testing but not less than 24 hours. Following chlorination, flush treated water from lines until replacement water has chlorine content not more than 0.1 mg/1 in excess of residual water from supplying line, and in any event not more than 0.2 mg/1 total. 3.02 MEASUREMENT AND PAYMENT No separate payment for work performed under this Item. Include cost of same in Contract unit price for other items of which this work is a component. J3009 - 2/2 Std. 10/13/2005 ITEM NO. J3022 -RESILIENT SEATED GATE VALVES -4-INCH THROUGH 12- INCH FOR WATER DISTRIBUTION SYSTEMS PART 1 -GENERAL 1.01 SCOPE OF WORK A. Furnish and install iron-body, bronze-mounted, nonrising stem gate valves which are intended for use in approximate level setting on buried water distribution system pipelines. B. Related Work Specified Elsewhere: As specified in Item No. J2001 - "Construction of Underground Lines, or other related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Valves to be manufactured in accordance with ANSI/AWWA C509 unless otherwise specified hereinafter. B. Valve shall be seat tested at the rated working pressure of 200 psi with no leakage. Shell test of 400 psi shall be applied to body with valve in the open position with no leakage through the metal, flanged joints, or stem seals. C. Valves shall be available with various ends designed for connection to piping specified. Mechanical joints are to be per ANSI/AWWA C 111/A21.11 and include MJ accessories. 1.03 PRODUCT DELIVERY STORAGE AND HANDLING In accordance with AWWA C500, Section 31. PART 2 - PRODUCTS GENERAL 2.01 VALVE CONSTRUCTION A. Sealing mechanism shall provide zero leakage at the water working pressure against line flow from either direction and be designed such that no exposed metal seams, edges, screws etc., are within the waterway in the closed position (all rubber surfaces). The rubber covered gate shall not be wedged into a pocket nor slide across the seating surface to obtain tight closure. J3022 - 1/3 Std. 04 26/2005 B. The stem shall be vertical and furnished with dual 0-rings above the stem collar for an inside screw design. Another 0-ring shall be provided underneath the stem collar to seal bearing surfaces from line content. The area between the 0-rings shall be filled with lubricant. Anti-friction washers shall be provided at the stem collar for inside screw design. C. Outside screw and yoke style valves shall have asbestos-free packing with bronze packing gland. Bonnet opening for stem shall be bronze bushed to allow repacking if necessary while valve is in fully open position. D. All internal and external ferrous surfaces of the valve, including the interior of the gate, shall be coated with epoxy. Coating to be applied to castings prior to assembly to insure all exposed area, including bolt holes and flange face surfaces, will be covered. Grade II, III, IV, and XI bronze not permitted where subject to contact by water. E. Inside screw valves may be fitted with bonnet flange for mounting indicator post if desired. Bonnet bolts and glands to be cadmium plated. F. Provide mechanical joint valve ends for use with PVC or ductile iron pipe and flanged valve ends for use with steel pipe or steel cylinder reinforced concrete pipe, unless noted otherwise on PLANS. Pipe size, wall thickness, working pressure, thickness class, or other pertinent information is furnished under applicable pipe specification or notes on PLANS. 2.03 VALVE BOX CONSTRUCTION A. Material: Cast iron, ASTM A126, Class B. B. Type: Either two- or three-piece, screw type, as required by installation drawings. C. Base: Either round or oval and of proper size to fit valve on which they are installed. D. Height: Provide extension section, if required, so that lid of valve box if flush with surrounding surface. E. Lid: Cast with word"WATER." PART 3 -EXECUTION 3.01 INSTALLATION A. General: Make valve installation in accordance with applicable provisions of other items pertaining to construction of lines and as follows: J3022 - 2/3 Std. 04/26/2005 1. Place valves at locations shown on PLANS. Install valves and valve boxes plumb, with valve boxes directly over valve stems. 2. Before installation of valves, clean foreign material from interior of valves. Open and close valves to insure that they are in good working order. Do not backfill valves until tested with lines. Adjust glands with pressure on valve. 3. Install valves on 6-inch thick x 18-inch square precast concrete base. 4. Bolts, nuts, and washers on buried flanged valves to be epoxy coated. 5. Wrap all valves with polyethylene film in accordance with AWWA C105/A21.5. 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure gate valves with valve boxes ("Gate Valve and Box") and support blocking per each, for each size valve furnished and installed. B. Payment: Pay for gate valves with valve boxes and support blocking, measured as stated, at Contract unit price bid for respective sizes. J3022 - 3/3 10/13/2005 ITEM NO. J3024 - BANK SAND BACKFILL PART 1 - GENERAL 1.01 DESCRIPTION Extent of Work. When shown PLANS, furnish and place bank sand backfill in trench excavations above pipe zone as specified in Item No. J2001 - "Construction of Underground Lines", or as required by the Engineer. PART 2 - PRODUCTS 2.01 PERFORMANCE AND DESIGN REQUIREMENTS Materials. Bank sand to be free of organic matter, foreign material and mud balls. Sand to have a minimum Plasticity Index of 7 and with not more than 40 percent passing a No. 200 sieve. PART 3 - EXECUTION 3.01 INSTALLATION Mechanical Tamping. Place bank sand in layers not exceeding 8 inches. Compact with mechanical vibratory tamps to 95 percent of maximum density at approximate optimum moisture content as prescribed by ASTM Designation D698. Water flooding is not permitted. 3.02 MEASUREMENT AND PAYMENT A. Measurement: No separate payment for work performed under this Item, except as indicated below. Include cost of same price bid per linear foot of pipe for which work is a component. B. Payment: "Extra Bank Sand Backfill," when required, will be measured by the cross-section method in its compacted position and paid for at Contract unit price bid per cubic yard. Payment under this bid Item is limited to such additional bank sand backfill not shown on PLANS that may be required. I J3024- 1/1 Std. 08/03/2004 ITEM NO. J3025 — RESILIENT WEDGE GATE VALVES 14-INCH THROUGH 36-INCH FOR WATER DISTRIBUTION SYSTEMS PART 1 - GENERAL 1.01 DESCRIPTION A. Furnish and install iron-body, bronze-mounted, nonrising stem gate valves which are intended for use in approximate level setting on buried water distribution system pipelines. B. Related Work Specified Elsewhere: As specified in Item No. J2001 - "Construction of Underground Lines," or other related work as called for on PLANS or specified elsewhere in this or other TECHNICAL SPECIFICATIONS. 1.02 QUALITY ASSURANCE A. Valves to be manufactured in accordance with AWWA C500 and AWWA C509, unless otherwise specified hereinafter. B. Valve shall be seat tested at the rated working pressure of 200 psi with no leakage. Shell test of 400 psi shall be applied to body with valve in the open position with no leakage through the metal, flanged joints, or stem seals. C. Valves shall be available with various ends designed for connection to piping specified. Mechanical joints are to be per ANSI/AWWA C111/A21.11 and include mechanical joint accessories. 1.03 PROJECT DELIVERY STORAGE AND HANDLING In accordance with AWWA C500, Section 31. PART 2 -PRODUCTS GENERAL 2.01 VALVE CONSTRUCTION A. Sealing mechanism shall provide zero leakage at the water working pressure against line flow from either direction and be designed such that no exposed metal seams, edges, screws etc., are within the waterway in the closed position (all rubber surfaces). The rubber covered gate shall not be wedged into a pocket nor slide across the seating surface to obtain tight closure. B. The stem shall be nonrising and furnished with triple oring stem seals. J3025 - 1/3 Std. 08/03/2004 C. Furnish valves with bevel gearing when depth of cover prohibits vertical stem location. D. All valves 18-inch and large shall be furnished with gears. E. All internal and external ferrous surfaces of the valve, including the interior of the gate, shall be coated with epoxy. Coating to be applied to castings prior to assembly to insure all exposed areas, including bolt holes and flange face surfaces, will be covered. Grades II, III, IV, and XI bronze not permitted where subject to contact by water. F. Inside screw valves may be fitted with bonnet flange for mounting indicator post if desired. Bonnet bolts and glands to be cadmium plated. G. Provide mechanical joint valve ends for use with PVC or ductile iron pipe and flanged valve ends for use with steel pipe or steel cylinder reinforced concrete pipe, unless noted otherwise on PLANS. Pipe size, wall thickness, working pressure thickness class, or other pertinent information is furnished under applicable pipe specification or noted on PLANS. 2.03 VALVE BOX CONSTRUCTION A. Material: Cast iron,ASTM A126, Class B. B. Type: Either two- or three-piece, screw type, as required by installation drawings. C. Base: Either round or oval and of proper size to fit valve on which they are installed. D. Height: Provide extension section, if required, so that lid of valve box is flush with surrounding surface. E. Lid: Cast with word"WATER". PART 3 -EXECUTION 3.01 INSTALLATION A. General: Make valve installation in accordance with applicable provisions of other items pertaining to construction of lines and as follows: 1. Place valves at locations shown on Plans. Install valves and valve boxes plumb, with valve boxes directly over valve stems. J3025 - 2/3 Std. 08/03/2004 2. Before installation of valves, clean foreign material from interior of valves. Open and close valves to insure that they are in good working order. Do not backfill valves until tested with lines. Adjust glands with pressure on valve. 3. Install valves on minimum 6 inch thick X 30 inch square concrete precast or cast in place base unless listed and/or shown otherwise on plans. 4. Bolts, nuts, and washers on buried flanged valves to be epoxy coated. 5. Wrap all valves with polyethylene film in accordance with AWWA C105/A21.5. 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure gate valves with valve boxes ("Gate Valve and Box") and support blocking per each, for each size valve furnished and installed. B. Pay for gate valves with valve boxes and support blocking, measured as stated, at Contract unit price bid for respective sizes. J3025 - 3/3 Std. 10/13/2005 ITEM NO. K3303 - HOT-MIX ASPHALTIC CONCRETE SURFACING PART 1 - GENERAL 1.01 DESCRIPTION Extent of Work: This Item governs for hot-mix asphaltic concrete surfacing consisting of a base course, a level-up course, a surface course, or any combination of these courses; each course composed of a compacted mixture of aggregate and asphalt cement and constructed on an approved subgrade, a sub-base course, a base course, or in case of a bridge, on prepared floor slab. Construct in accordance with these specifications and in conformity with lines, grades, compacted thickness, and typical cross-sections shown on PLANS or described in preceding Special Provision. 1.02 QUALITY ASSURANCE A. Laboratory density and stability of mixture, when designed and tested in accordance with these specifications and the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition, to be as follows: Density, Percent Stability, Value Min. Max. Optimum At least 35 94.5 97.5 96 B. Provide, at Contractor's expense, laboratory facilities equal to those used at stationary commercial asphalt concrete plants approved by the Engineer. Furnish, operate, and maintain templates, straight edges, scales, and other weighing and measuring devices necessary for proper construction and checking of work. C. Place set of standard platform truck scales at plant and provide with a suitable weight office adjacent to scales for use of truck weigher. Scales must be accurate to within 4 pounds per 1,000 pounds total load. PART 2 -PRODUCTS 2.01 MATERIALS A. Mineral Aggregate: Composed of a coarse aggregate, a fine aggregate, and a mineral filler, and if approved by Engineer, a suitable mineral admixture which may include reclaimed asphalt pavement (RAP). Exact proportion of admixture, if approved, to be determined by Engineer. Submit samples of coarse aggregate, fine aggregate, and mineral filler and test in accordance with prescribed methods. Approval of both materials and source of supply must be obtained prior to delivery of any material. B. Coarse Aggregate: Consists of slag, limestone, or a mixture thereof as hereinafter specified, of uniform quality throughout and free from dirt, organic, or other injurious K3303 - 1/7 Std. 10/13/2005 matter occurring either freely in material or as a coating on aggregate. Abrasion of slag or limestone from which coarse aggregate is made of not more than 35 when subjected to Los Angeles Abrasion Test. C. Fine Aggregate: Consists of sand or a combination of sand and stone, or slag screenings. Sand composed of sound, durable stone particles, free from loam or other injurious foreign matter. Screenings of same or similar materials as specified for coarse aggregate. Sand or combination of sand and screenings to meet the following requirements when tested by standard laboratory methods: Percent by Weight Passing a No. 3/8 Sieve 100% Passing a No. 10 Sieve 70-100% Passing a No. 200 Sieve 0-15% The plasticity index of that part of the fine aggregate passing the No. 40 sieve to be not more than 6. D. Mineral Filler: Consists of thoroughly dry stone dust, Portland cement, lime, flyash or other mineral dust approved by the Engineer. The material shall be free from foreign matter. Meet the following grading requirements when tested by standard laboratory methods: Percent by Weight or Volume Passing a No. 30 Sieve 95-100% Passing a No. 80 Sieve-not less than 75% Passing a No. 200 Sieve-not less than 55% E. Asphalt: Grade of asphalt as designated by Engineer. If more than one type of asphaltic concrete mixture is specified for project, only one grade of asphalt will be required for all types of mixtures. 1. Asphaltic materials, including tack coat, to meet requirements of the Item, "Asphalt, Oils and Emulsions", of the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition. F. Paving Mixture: To consist of a uniform mixture of coarse aggregate, fine aggregate, asphaltic material, and mineral filler, if required. 1. Grading of each constituent such as to produce, when properly proportioned, a mixture conforming to limitations for grading for type specified. Exact proportions of each constituent producing total aggregate within these limits to be as directed, and to conform to the requirements of Article 340.3, "Paving Mixtures", of the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition. K3303 - 2/7 Std. 10/13/2005 2.02 PROPORTIONING AND MIXING A. Proportions of various materials entering into asphaltic mixture as directed and in accordance with these specifications. Engineer, or his authorized representative, to have access at any time to all parts of paving plant. Use satisfactory equipment and construction methods as hereinafter specified. B. Store or stockpile separately various sizes of mineral aggregate as received. Feed various sizes of mineral aggregate to dryer by means of mechanical device that will give a uniform and constant feed of each size incorporated to control temperature and grading of mineral aggregate. C. Dry mineral aggregate in such manner that finer particles will not escape with furnace gases. Heat aggregate in a suitable apparatus which provides continuous agitation during heating. Provide efficient and positive control of temperature so that aggregate is not damaged and mixture produced has a temperature between 250° F and 375° F. Provide recording thermometer which will record temperature of aggregate as it leaves dryer. Equip recording thermometer with a double-pen in order to record both temperature of rock and temperature of asphalt incorporated in batch. Record temperatures on 24-hour charts. Furnish dryer or dryers of sufficient size to dry and heat amount of aggregate required to keep plant in continuous operation. D. Bin sizes and screening capacity sufficient to screen and store amount of aggregate required to properly operate plant and keep plant in continuous operation at full capacity. Bins to contain sizes of aggregate as specified in Article 340.4, "Equipment", Subarticle, "Screening and Proportioning", of the Texas Department of Transportation Standard Specifications for Construction of Highways, Streets and Bridges, 1993 Edition. 1. Provide bins with tight cut-off gates so that there is no leakage of mineral aggregate or mineral filler into weigh box. 2. Weigh box for mineral aggregate of sufficient capacity to hold a complete batch of aggregate and mineral filler without wasting or leveling by hand, and so designed with opening in top that, if in charging, an excess of one size of mineral aggregate is introduced into box, it may be removed by operator. 3. Provide weigh box with a close fitting and quick operating cut-off gate so that there is no leakage of mineral aggregate into mixer. E. Scales: Scales for weighing mineral aggregate and asphaltic material shall equal the weighing equipment used at stationary commercial asphaltic concrete plants as approved by the Engineer. 1. Scales of multi-beam type to have sufficient weighing beams to weight each grade of aggregate separately and also filter dust separately. 2. Furnish scales with tare beam for balancing. K3303 - 3/7 Std. 10/13/2005 3. Equip beam scales with a tell-tale dial indicator of springless dial type indicating over and under load of at least 50 pounds. Scales that are not accurate within 4 pounds per 1,000 pounds net load will be considered unsatisfactory. 4. In case vibration of plant interferes with accurate weighing, insulate scales satisfactorily against shock or vibration. F. Provide ample asphalt cement storage to meet requirements of Plans. Heat asphalt cement in storage by steam coils, absolutely tight to prevent leakage of moisture into asphalt. Temperature of steam for heating not in excess of 400° F. No direct fire heating of asphalt permitted. Agitation of asphalt with steam or air not permitted. 1. Provide steam heating system of type and capacity as to insure maintaining asphalt cement at a uniform draw-off temperature at asphalt cement bucket of between 275° F to 375° F. Maintain temperature with an efficient and positive control of heat at all times. Any asphalt cement heated above 375° F, either before or during mixing with mineral aggregate, will be rejected. 2. Use quick cut-off type draw-off valve at asphalt cement bucket that will not leak any asphalt into bucket after required weight of asphalt cement has been drawn. Asphalt supply line of circulating type, and equipped with recording thermometer indicating temperature of asphalt at draw-off valve. Recording thermometer may be combined with recording thermometer used in recording temperature of aggregate by using a double-pen recorder. 3. Asphalt cement weigh bucket of type from which asphalt will flow into mixer for approximately full width of mixer so as not to deposit asphalt cement in one place in mixer. Scales for weighing asphaltic cement of springless dial type arranged for quick adjustment at zero to provide for change in tare. Provide pointer to indicate weight of asphalt cement required in one batch. G. Mixer of twin-pug-mill type and capacity of not less than 3,000 pounds in single batch. Number and position of blades such as to give a uniform and complete circulation of batch in mixer from center to four ends of mixer arms and back to center. Mixers which tend to segregate mineral aggregate or fail to secure thorough and uniform mixing with asphalt cement and filler dust will not be used. Determination of thorough and uniform mixing will be made by mixing standard batch for required time and then dumping batch and taking samples from different parts of batch. Samples will be tested by extraction test and must show that batch is uniform throughout, or otherwise mixer will be rejected. 1. Provide mixers with an automatic time lock on discharge gates of mixer and weight box and lock for a period of 45 seconds after all of mineral aggregate has been introduced into mixer. 2. When discharged, mixture to have a temperature of 300° F to 375° F. 3. Dump door or doors of mixer to be tight to dry mineral aggregate or dust so that there is no spilling from pug mill. K3303 -4/7 Std. 10/13/2005 4. In introducing batch into mixer, introduce mineral aggregate first, then thoroughly mix for a period of five to ten seconds before asphaltic cement is added. 5. Continue mixing for required time, or longer if necessary, to produce a mixture of uniform consistency. PART 3 -EXECUTION 3.01 CONSTRUCTION METHODS A. General 1. Construct pavement on previously completed and approved subgrade, base, existing pavement, bituminous surface or in case of a bridge, on prepared floor slab. 2. Place no asphaltic mixture or tack coat when air temperature is below 50° F and is falling. Asphaltic mixture or tack coat may be placed after air temperature is above 40° F and is rising, provided temperature is taken in shade away from artificial heat. Place no asphaltic mixture or tack coat when weather conditions, in opinion of Engineer,are unsuitable. B. Tack Coat: Thoroughly clean surface of base or surface of concrete bridge, as applicable, by brooming with wire brushes before asphaltic surface mixture is laid. When tack coat is shown, or if directed, give base an application of cut-back asphalt applied as directed with an approved sprayer and at rate not to exceed 0.05 gallon residual asphalt per square yard of surface. Cut-back asphalt as specified under Article 2.01, Paragraph E, or made by combining 50 percent of asphaltic material as specified and 50 percent gasoline. C. Laying Materials 1. Haul asphaltic concrete mixture, heated and prepared as specified, to site of work in tight vehicles previously cleaned of all foreign materials and, if considered necessary, covered with canvas of sufficient size to protect entire load. Arrange dispatching of vehicle so that all material delivered may be placed and receive its initial rolling in daylight. Lay mixture only on an approved base course, which has been tack coated as previously specified and free from all foreign materials. Paint contact surfaces of curbs and structures and all joints with thin uniform coating of cut-back or emulsified asphalt as required for tack coating. Lay mixture at temperature of 250° F to 375° F and spread and compact, using an approved finishing machine. Use finishing machine capable of producing finished surface that conforms to required typical sections and surface tests. Areas not accessible for finishing machine may be hand spread and shaped when approved. K3303 - 5/7 Std. 10/13/2005 2. Use approved finishing machine of screeding and troweling type. If necessary, use forms adequate to control lateral thrust due to rolling. If a finishing machine designed to run on forms is used, operate it on header curb, steel forms, or rigid steel faced forms approved by Engineer. Set forms to line and grade. 3. Oil or saturated solution of hydrated lime may be used for lubricating shovels and trucks to facilitate handling of asphaltic materials. Use of an excessive amount of either material is not permitted. 4. Adjacent to flush curbs, gutters, liners, and structures, finish mix uniformly high so that when compacted it will be slightly above edge of curb or flush structure. 5. When Plans require application of a non-skid surface of asphaltic concrete pavement, spread Type "B", Type "C", Type "D" or Type "E" mix, as specified, so that after lightly rolling, it has a finished thickness of approximately 3/8 inch less than completed thickness of pavement shown. After this course has been laid, spread mixture specified as Type "F" with sufficient thickness so that, after receiving ultimate compression, compacted pavement complies with requirements of typical cross-sections shown, but in no case will weight of Type "F"mixture be less than 35 pounds nor more than 50 pounds per square yard of surfacing. 6. While still hot, and as soon as it will bear roller without undue displacement or hair cracking, compress surface thoroughly and uniformly with an acceptable power-driven 3-wheel roller weighing not less than 10 tons. Weight on two rear wheels of roller obtained by power-driven tandem roller weighing not less than eight tons. a. Start rolling longitudinally at sides and proceed toward center of pavement, overlapping on successive trips by at least one-half of width of rear wheels. Alternate trips of roller to be slightly different in length. If necessary, subject pavement to diagonal rolling in each direction with tandem roller; second diagonal crossing lines of first. If width of pavement permits, roll at right angles to center line. b. Continue rolling until no further compression can be obtained and roller marks are eliminated, and at rate of not more than 20 tons of mixture per hour for each roller used. c. Motion of roller to be slow enough to avoid displacement of hot mixture. Correct any displacement occurring as a result of reversing direction of roller, or any other cause, by use of rakes and of fresh mixture where required. Roller must not stand on completed pavement which has not cooled to normal atmospheric temperature. To prevent adhesion of surfacing mixture to roller, keep wheels moistened with water; but an excess of water will not be permitted. 7. Along curbs, headers, and similar structures, and at places not accessible to roller, or in such positions as will not allow thorough compaction with roller, compact mixture thoroughly with lightly oiled tamps. K3303 - 6/7 Std. 10/13/2005 8. Surface of pavement after compression to be smooth and true and conform to line, grade and typical cross-sections shown. No deviation in excess of 1/8 inch per foot from nearest point of contact when surface is tested with a standard 10-foot straight-edge laid parallel to center line of roadway. Maximum ordinate measured from face of straight-edge not in excess of 1/4 inch at any point. Immediately correct any areas of surface not meeting these requirements. a. Roll mixtures until course is unyielding and true to established grade and cross-section. 9. Place surface course as nearly continuous as possible. Allow roller to pass over unprotected end of freshly laid mixture only when laying of course is discontinued for such length of time as to permit mixture to become chilled. In such cases, when work is resumed, material laid must be either cut back so as to produce a slightly beveled edge for full thickness of course or make a suitable lap joint. a. Remove old material which has been cut away and lay new mix against fresh cut. If desired, a stout rope may be stretched across pavement where joint is to be made. When work is resumed, cut materials laid back to rope. Remove altogether with surplus material, and lay fresh mix against joint thus formed. b. Hot smoothing irons may be used for sealing joints, but in such cases, exercise extreme care to avoid burning surface. 10. Except in an emergency, or where shown, open no portion of finished wearing course to traffic until twelve hours after completion of rolling. 3.02 MEASUREMENT AND PAYMENT A. Measurement: Measure work covered by this Item by ton of 2,000 pounds. Measurement by weight will be made on truck scales as previously specified. 1. Records will be kept on tare load, total load, and net load of asphaltic concrete for each load of same. 2. Measure cut-back or emulsified asphalt used in tack coat by gallon of material actually used on street for this purpose. Measurement taken at point of delivery on street. B. Payment: This Item, measured as provided above, will be paid for at unit contract price bid per ton as set forth in PLANS and PROPOSAL for "Hot Mix Asphaltic Concrete Surfacing", which price will be full compensation for quarrying, furnishing all materials, for all heating, mixing, hauling, placing asphaltic mixture, rolling and finishing, for all labor, tools, equipment, and incidentals necessary to complete the work, except work and materials involved in application of tack coats. 1. Work and materials incident to application of tack coats performed and measured as prescribed above will be paid for at contract unit price bid per gallon for"Tack Coat', which price will be full compensation for preparation of existing base course or pavement, furnishing all materials, all hauling, heating, manipulation, and for all labor, tools, equipment, and incidentals necessary to satisfactorily apply tack coats. K3303 - 7/7 SECTION N NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: \crato Qfcs Title: \t l • Company: V � �� � .. 1+, L£�►o {� : Date: et11np3 SUBSCRIBED and sw94 to before me the undersi e u on by l the on behalf of said bidder. p �,F A E CARRIE EVE VINCENT ota Public in and for the c/�1„ Notary ID#128955139 /�; /P My Commission Expires state of Texas r t�. April 13,2024 y commission expires: 4 1�3 �f N-1 SECTION 0 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: jIhereby 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. Firm Name Date g '1-p d 3 44-\A.) cfrik_______ \t ? . Authorized Signature Title '--jcW Cnt_\ fL%tiLkIn 1jC 1-\ \ --' C%q Name (please print) Telephone rcciY�i MC- C_A 6 • ccfn Email STATE: c22, COUNTY: 3 SUBSCRIBED AND SWORN to before me by the above named Th\clexie_ I eXakin on this the 1DM day of &i:* , 2 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL <*�^ tee CARRIE EVE VINCENT z Notary ID#128955139 'N9,,- Q My Commission Expires 'Four`' April 13, 2024 0-I SECTION P CONFLICT OF INTEREST CONFLICT OF INTEREST QUES TIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the taw by H.B.23,84th keg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176_006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date-the vendor becomes aware of facts that require the statement to be filed. See Section 176 006(a-1),Local Government Code Avendor commits an offense if the vendor knowingly.violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J. Name of vendor who has a business relationship with local governmental entity. - Check this box if you are filing an update to a previously filedquestionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) �t I tv Nartte of local government oar about whorrtthe information is.being disclosed. Name of Officer t j-- J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts Amid B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or_a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B !s the vendor receiving or likely to receive taxable income,other than investment income;from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 7 Yes n No NC) ir4 Describe each employment or business relationshipthatthe vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or mo .: ifts as described in Section 176.003(a)(2(B), excluding gifts described in Section 176.003(a-1). . _ . over t 603 nature of vendor doing bustness wfth th governmental ovemmental entity Date Form provided by Texas Ethics Commission wwwethics-"atate..tx.us Revised 11/30/2015 P-1 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference.below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state.or local governmental entity: (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income. other than investment income. that exceeds$2.500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed: or (ii) the local governmental entity is considering entering into a contract with the vendor: (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed:or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity.or a family member of the officer,described by Section 176.003(a)(2)(A): (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1):or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity:or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity:or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer.or a family member of the officer,described by Subsection(a): (B) that the vendor has given one or more gifts described by Subsection(a):or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state tx.us Revised 11,30 2015 P-2 SECTION Q SB 252 SB 252 CHAPTER 2252 CERTIFICATION I, % j $Yt ( ) , the undersigned an representative of S tkf)S\D V•�- � L 4`r.- rN, (14 (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. Name of Company Representative (Print) Signature of Company Representative q\ D\ Date Q-1 SECTION R HOUSE BILL 89 VERIFICATION House Bill 89 Verification I, —MiVSSIIS3n.a_ (Person name), the undersigned representative (hereafter referred to as "Representative") of AUI. icf .--C.C..--k- LLCSQ11/1. Vi\V—_,C. K. •(W (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, teiminating 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. IGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of ps AllYr , 200 (—\ . Notary Public ,.t?'v°ue, CARRIE EVE VINCENT = Notary ID#128955139 1 sT i. My Commission Expires rF OF'' April 13, 2024 I R-1 otv ' , -CITY OF PORT ARTHUR,TEXAS art rrh ", ADDENDUM NO.ONE(1) AUGUST 13, 2023 BID FOR: LANDFILL WATER LINE EXTENSION FROM HAZEL AVENUE TO CITY LANDFILL BID#23-058 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. Non Mandatory Pre-Bid has changed to August 17, 2023 at 10:00 am.It will be at City Hall Council Chambers. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams Purchasing Manager Signature of Proposer Date 1ZS terb\r‘ C±60) 6:111411-k- Company Vendor Name ^ti tl .M' -CITY OF PORT ARTHUR,TEXAS o ort rtit e" ADDENDUM NO. ONE Texas AUGUST 29, 2023 BID FOR: LANDFILL WATER LINE EXTENSION FROM HAZEL AVENUE TO CITY LANDFILL BID # 23-058 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, September 6, 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, September 6, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend 2. Attached is the 408-SWG-2021-0070 Permission Letter. 3. Attached is the Revised Section D Bid Sheet. 4. Attached is TXDOT Notice of Proposed Installation. 5. Attached is the Landfill Geotech Report. 6. Attached is the Army's Nationwide Permit Verification. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ClittOn Williams Purchasing Manager %\2S \Th ature of Prop oser oser Date p Company Vendor Name